Bill Text: MI SB0838 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Appropriations; school aid; omnibus appropriations for school aid, higher education, and community colleges; provide for. Amends secs. 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 12, 15, 17a, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22f, 22g, 22i, 22j, 24, 24a, 24c, 25e, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94a, 98, 99, 99h, 101, 102, 104, 104b, 107, 147, 147b, 147c, 152a, 161, 163, 168, 201, 201a, 202a, 206, 209, 210, 213, 222, 224, 225, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 242, 245, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 272a, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 286 & 296 of 1979 PA 94 (MCL 388.1606 et seq.); adds secs. 11r, 31b, 64b, 64c, 94, 95a, 102a, 207a, 207b, 230a, 298, 298a, 298b & 298c & repeals secs. 22c, 22k, 64a, 82, 93, 95, 101a, 147a, 166, 208, 210b, 212, 217, 227, 228, 229b, 239a, 261, 262a, 273, 274, 274a, 275a & 293 of 1979 PA 94 (MCL 388.1622c et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-27 - Referred To Committee On Appropriations [SB0838 Detail]
Download: Michigan-2013-SB0838-Introduced.html
SENATE BILL No. 838
February 27, 2014, Introduced by Senator KAHN and referred to the Committee on Appropriations.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 12, 15,
17a, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22f, 22g, 22i,
22j, 24, 24a, 24c, 25e, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39,
39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94a, 98, 99,
99h, 101, 102, 104, 104b, 107, 147, 147b, 147c, 152a, 161, 163,
168, 201, 201a, 202a, 206, 209, 210, 213, 222, 224, 225, 229, 229a,
230, 236, 236a, 236b, 236c, 241, 242, 245, 252, 256, 263, 263a,
264, 265, 265a, 267, 268, 269, 270, 272a, 275, 276, 277, 278, 279,
280, 281, 282, 283, 284, 286, and 296 (MCL 388.1606, 388.1608b,
388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m,
388.1612, 388.1615, 388.1617a, 388.1618, 388.1619, 388.1620,
388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b,
388.1622d, 388.1622f, 388.1622g, 388.1622i, 388.1622j, 388.1624,
388.1624a, 388.1624c, 388.1625e, 388.1626a, 388.1626b, 388.1626c,
388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639,
388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a,
388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681,
388.1694a, 388.1698, 388.1699, 388.1699h, 388.1701, 388.1702,
388.1704, 388.1704b, 388.1707, 388.1747, 388.1747b, 388.1747c,
388.1752a, 388.1761, 388.1763, 388.1768, 388.1801, 388.1801a,
388.1802a, 388.1806, 388.1809, 388.1810, 388.1813, 388.1822,
388.1824, 388.1825, 388.1829, 388.1829a, 388.1830, 388.1836,
388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1842, 388.1845,
388.1852, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865,
388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1872a,
388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880,
388.1881, 388.1882, 388.1883, 388.1884, 388.1886, and 388.1896),
sections 6, 20, 21f, 24c, 25e, 26a, 74, 104b, and 107 as amended by
2013 PA 130, section 8b as amended by 2007 PA 92, sections 11, 11g,
17a, and 22a as amended and section 20g as added by 2013 PA 97,
sections 11a, 11j, 11k, 11m, 12, 15, 18, 19, 20d, 22b, 22d, 22f,
22g, 22i, 22j, 24, 24a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a,
41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 81, 94a, 98, 99, 101, 102,
104, 147, 147b, 147c, 152a, 201, 201a, 206, 209, 210, 224, 225,
229, 229a, 230, 236, 236a, 236b, 241, 245, 252, 263, 263a, 264,
265, 265a, 267, 268, 269, 270, 275, 276, 277, 278, 279, 280, 281,
and 282 as amended and sections 20f, 99h, 236c, and 272a as added
by 2013 PA 60, section 161 as amended by 1990 PA 207, section 163
as amended by 2007 PA 137, section 168 as added by 1993 PA 175,
sections 213, 222, 242, 256, 283, 284, and 286 as amended and
section 202a as added by 2012 PA 201, and section 296 as added by
2011 PA 62, and by adding sections 11r, 31b, 64b, 64c, 94, 95a,
102a, 207a, 207b, 230a, 298, 298a, 298b, and 298c; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE I
Sec. 6. (1) "Center program" means a program operated by a district or by an
intermediate district for special education pupils from several districts in programs
for pupils with autism spectrum disorder, pupils with severe cognitive impairment,
pupils with moderate cognitive impairment, pupils with severe multiple impairments,
pupils with hearing impairment, pupils with visual impairment, and pupils with
physical impairment or other health impairment. Programs for pupils with emotional
impairment housed in buildings that do not serve regular education pupils also
qualify. Unless otherwise approved by the department, a center program either shall
serve all constituent districts within an intermediate district or shall serve several
districts with less than 50% of the pupils residing in the operating district. In
addition, special education center program pupils placed part-time in noncenter
programs to comply with the least restrictive environment provisions of section 612 of
part B of the individuals with disabilities education act, 20 USC 1412, may be
considered center program pupils for pupil accounting purposes for the time scheduled
in either a center program or a noncenter program.
(2) "District and high school graduation rate" means the annual completion and
pupil dropout rate that is calculated by the center pursuant to nationally recognized
standards.
(3) "District and high school graduation report" means a report of the number
of pupils, excluding adult participants, in the district for the immediately preceding
school year, adjusted for those pupils who have transferred into or out of the
district or high school, who leave high school with a diploma or other credential of
equal status.
(4) "Membership", except as otherwise provided in this article, means for a
district, a public school academy, the education achievement system, or an
intermediate district the sum of the product of .90 times the number of full-time
equated pupils in grades K to 12 actually enrolled and in regular daily attendance on
the pupil membership count day for the current school year, plus the product of .10
times the final audited count from the supplemental count day for the current school
year. A district's, public school academy's, or intermediate district's membership
shall be adjusted as provided under section 25 25E for pupils who enroll in the
district, public school academy, or intermediate district after the pupil membership
count day. All pupil counts used in this subsection are as determined by the
department and calculated by adding the number of pupils registered for attendance
plus pupils received by transfer and minus pupils lost as defined by rules promulgated
by the superintendent, and as corrected by a subsequent department audit. For the
purposes of this section and section 6a, for a school of excellence that is a cyber
school, as defined in section 551 of the revised school code, MCL 380.551, and is in
compliance with section 553a of the revised school code, MCL 380.553a, a pupil's
participation in the cyber school's educational program is considered regular daily
attendance; for the education achievement system, a pupil's participation in an online
educational program of the education achievement system or of an achievement school is
considered regular daily attendance; and for a district a pupil's participation in an
online course as defined in section 21f is considered regular daily attendance. The
amount of the foundation allowance for a pupil in membership is determined under
section 20. In making the calculation of membership, all of the following, as
applicable, apply to determining the membership of a district, a public school
academy, the education achievement system, or an intermediate district:
(a) Except as otherwise provided in this subsection, and pursuant to subsection
(6), a pupil shall be counted in membership in the pupil's educating district or
districts. An individual pupil shall not be counted for more than a total of 1.0 full-
time equated membership.
(b) If a pupil is educated in a district other than the pupil's district of
residence, if the pupil is not being educated as part of a cooperative education
program, if the pupil's district of residence does not give the educating district its
approval to count the pupil in membership in the educating district, and if the pupil
is not covered by an exception specified in subsection (6) to the requirement that the
educating district must have the approval of the pupil's district of residence to
count the pupil in membership, the pupil shall not be counted in membership in any
district.
(c) A special education pupil educated by the intermediate district shall be
counted in membership in the intermediate district.
(d) A pupil placed by a court or state agency in an on-grounds program of a
juvenile detention facility, a child caring institution, or a mental health
institution, or a pupil funded under section 53a, shall be counted in membership in
the district or intermediate district approved by the department to operate the
program.
(e) A pupil enrolled in the Michigan schools for the deaf and blind shall be
counted in membership in the pupil's intermediate district of residence.
(f) A pupil enrolled in a career and technical education program supported by a
millage levied over an area larger than a single district or in an area vocational-
technical education program established pursuant to section 690 of the revised school
code, MCL 380.690, shall be counted only in the pupil's district of residence.
(g) A pupil enrolled in a public school academy shall be counted in membership
in the public school academy.
(h) A pupil enrolled in an achievement school shall be counted in membership in
the education achievement system.
(i) For a new district or public school academy beginning its operation after
December 31, 1994, or for the education achievement system or an achievement school,
membership for the first 2 full or partial fiscal years of operation shall be
determined as follows:
(i) If operations begin before the pupil membership count day for the fiscal
year, membership is the average number of full-time equated pupils in grades K to 12
actually enrolled and in regular daily attendance on the pupil membership count day
for the current school year and on the supplemental count day for the current school
year, as determined by the department and calculated by adding the number of pupils
registered for attendance on the pupil membership count day plus pupils received by
transfer and minus pupils lost as defined by rules promulgated by the superintendent,
and as corrected by a subsequent department audit, plus the final audited count from
the supplemental count day for the current school year, and dividing that sum by 2.
(ii) If operations begin after the pupil membership count day for the fiscal
year and not later than the supplemental count day for the fiscal year, membership is
the final audited count of the number of full-time equated pupils in grades K to 12
actually enrolled and in regular daily attendance on the supplemental count day for
the current school year.
(j) If a district is the authorizing body for a public school academy, then, in
the first school year in which pupils are counted in membership on the pupil
membership count day in the public school academy, the determination of the district's
membership shall exclude from the district's pupil count for the immediately preceding
supplemental count day any pupils who are counted in the public school academy on that
first pupil membership count day who were also counted in the district on the
immediately preceding supplemental count day.
(k) In a district, a public school academy, the education achievement system,
or an intermediate district operating an extended school year program approved by the
superintendent, a pupil enrolled, but not scheduled to be in regular daily attendance
on a pupil membership count day, shall be counted.
(l) To be counted in membership, a pupil shall meet the minimum age requirement
to be eligible to attend school under section 1147 of the revised school code, MCL
380.1147, or shall be enrolled under subsection (3) of that section, and shall be less
than 20 years of age on September 1 of the school year except as follows:
(i) A special education pupil who is enrolled and receiving instruction in a
special education program or service approved by the department, who does not have a
high school diploma, and who is less than 26 years of age as of September 1 of the
current school year shall be counted in membership.
(ii) A pupil who is determined by the department to meet all of the following
may be counted in membership:
(A) Is enrolled in a public school academy or an alternative education high
school diploma program, that is primarily focused on educating homeless pupils and
that is located in a city with a population of more than 175,000.
(B) Had dropped out of school for more than 1 year and has re-entered school.
(C) Is less than 22 years of age as of September 1 of the current school year.
(iii) If a child does not meet the minimum age requirement to be eligible to
attend school for that school year under section 1147 of the revised school code, MCL
380.1147, but will be 5 years of age not later than December 1 of that school year,
the district may count the child in membership for that school year if the parent or
legal guardian has notified the district in writing that he or she intends to enroll
the child in kindergarten for that school year.
(m) An individual who has obtained a high school diploma shall not be counted
in membership. An individual who has obtained a general educational development
(G.E.D.) certificate shall not be counted in membership unless the individual is a
pupil with a disability as defined in R 340.1702 of the Michigan administrative code.
An individual participating in a job training program funded under former section 107a
or a jobs program funded under former section 107b, administered by the Michigan
strategic fund, or participating in any successor of either of those 2 programs, shall
not be counted in membership.
(n) If a pupil counted in membership in a public school academy or the
education achievement system is also educated by a district or intermediate district
as part of a cooperative education program, the pupil shall be counted in membership
only in the public school academy or the education achievement system unless a written
agreement signed by all parties designates the party or parties in which the pupil
shall be counted in membership, and the instructional time scheduled for the pupil in
the district or intermediate district shall be included in the full-time equated
membership determination under subdivision (q). However, for pupils receiving
instruction in both a public school academy or the education achievement system and in
a district or intermediate district but not as a part of a cooperative education
program, the following apply:
(i) If the public school academy or the education achievement system provides
instruction for at least 1/2 of the class hours specified in subdivision (q), the
public school academy or the education achievement system shall receive as its
prorated share of the full-time equated membership for each of those pupils an amount
equal to 1 times the product of the hours of instruction the public school academy or
the education achievement system provides divided by the number of hours specified in
subdivision (q) for full-time equivalency, and the remainder of the full-time
membership for each of those pupils shall be allocated to the district or intermediate
district providing the remainder of the hours of instruction.
(ii) If the public school academy or the education achievement system provides
instruction for less than 1/2 of the class hours specified in subdivision (q), the
district or intermediate district providing the remainder of the hours of instruction
shall receive as its prorated share of the full-time equated membership for each of
those pupils an amount equal to 1 times the product of the hours of instruction the
district or intermediate district provides divided by the number of hours specified in
subdivision (q) for full-time equivalency, and the remainder of the full-time
membership for each of those pupils shall be allocated to the public school academy or
the education achievement system.
(o) An individual less than 16 years of age as of September 1 of the current
school year who is being educated in an alternative education program shall not be
counted in membership if there are also adult education participants being educated in
the same program or classroom.
(p) The department shall give a uniform interpretation of full-time and part-
time memberships.
(q) The number of class hours used to calculate full-time equated memberships
shall be consistent with section 101(3). In determining full-time equated memberships
for pupils who are enrolled in a postsecondary institution, a pupil shall not be
considered to be less than a full-time equated pupil solely because of the effect of
his or her postsecondary enrollment, including necessary travel time, on the number of
class hours provided by the district to the pupil.
(r) Beginning in 2012-2013, full-time equated memberships for pupils in
kindergarten shall be determined by dividing the number of instructional hours
scheduled and provided per year per kindergarten pupil by the same number used for
determining full-time equated memberships for pupils in grades 1 to 12. However, to
the extent allowable under federal law, for a district or public school academy that
provides evidence satisfactory to the department that it used federal title I money in
the 2 immediately preceding school fiscal years to fund full-time kindergarten, full-
time equated memberships for pupils in kindergarten shall be determined by dividing
the number of class hours scheduled and provided per year per kindergarten pupil by a
number equal to 1/2 the number used for determining full-time equated memberships for
pupils in grades 1 to 12. The change in the counting of full-time equated memberships
for pupils in kindergarten that took effect for 2012-2013 is not a mandate.
(s) For a district, a public school academy, or the education achievement
system that has pupils enrolled in a grade level that was not offered by the district,
the public school academy, or the education achievement system in the immediately
preceding school year, the number of pupils enrolled in that grade level to be counted
in membership is the average of the number of those pupils enrolled and in regular
daily attendance on the pupil membership count day and the supplemental count day of
the current school year, as determined by the department. Membership shall be
calculated by adding the number of pupils registered for attendance in that grade
level on the pupil membership count day plus pupils received by transfer and minus
pupils lost as defined by rules promulgated by the superintendent, and as corrected by
subsequent department audit, plus the final audited count from the supplemental count
day for the current school year, and dividing that sum by 2.
(t) A pupil enrolled in a cooperative education program may be counted in
membership in the pupil's district of residence with the written approval of all
parties to the cooperative agreement.
(u) If, as a result of a disciplinary action, a district determines through the
district's alternative or disciplinary education program that the best instructional
placement for a pupil is in the pupil's home or otherwise apart from the general
school population, if that placement is authorized in writing by the district
superintendent and district alternative or disciplinary education supervisor, and if
the district provides appropriate instruction as described in this subdivision to the
pupil at the pupil's home or otherwise apart from the general school population, the
district may count the pupil in membership on a pro rata basis, with the proration
based on the number of hours of instruction the district actually provides to the
pupil divided by the number of hours specified in subdivision (q) for full-time
equivalency. For the purposes of this subdivision, a district shall be considered to
be providing appropriate instruction if all of the following are met:
(i) The district provides at least 2 nonconsecutive hours of instruction per
week to the pupil at the pupil's home or otherwise apart from the general school
population under the supervision of a certificated teacher.
(ii) The district provides instructional materials, resources, and supplies
that are comparable to those otherwise provided in the district's alternative
education program.
(iii) Course content is comparable to that in the district's alternative
education program.
(iv) Credit earned is awarded to the pupil and placed on the pupil's
transcript.
(v) A pupil enrolled in an alternative or
disciplinary education program
described in section 25 shall be counted in membership in
the district, the public
school academy, or the education achievement system that is
educating the pupil.
(V) (w) If a pupil was enrolled
in a public school academy on the pupil
membership count day, if the public school academy's contract with its authorizing
body is revoked or the public school academy otherwise ceases to operate, and if the
pupil enrolls in a district or the education achievement system within 45 days after
the pupil membership count day, the department shall adjust the district's or the
education achievement system's pupil count for the pupil membership count day to
include the pupil in the count.
(W) (x) For a public school
academy that has been in operation for at least 2
years and that suspended operations for at least 1 semester and is resuming
operations, membership is the sum of the product of .90 times the number of full-time
equated pupils in grades K to 12 actually enrolled and in regular daily attendance on
the first pupil membership count day or supplemental count day, whichever is first,
occurring after operations resume, plus the product of .10 times the final audited
count from the most recent pupil membership count day or supplemental count day that
occurred before suspending operations, as determined by the superintendent.
(X) (y) If a district's
membership for a particular fiscal year, as otherwise
calculated under this subsection, would be less than 1,550 pupils and the district has
4.5 or fewer pupils per square mile, as determined by the department, and if the
district does not receive funding under section 22d(2), the district's membership
shall be considered to be the membership figure calculated under this subdivision. If
a district educates and counts in its membership pupils in grades 9 to 12 who reside
in a contiguous district that does not operate grades 9 to 12 and if 1 or both of the
affected districts request the department to use the determination allowed under this
sentence, the department shall include the square mileage of both districts in
determining the number of pupils per square mile for each of the districts for the
purposes of this subdivision. The membership figure calculated under this subdivision
is the greater of the following:
(i) The average of the district's membership for the 3-fiscal-year period
ending with that fiscal year, calculated by adding the district's actual membership
for each of those 3 fiscal years, as otherwise calculated under this subsection, and
dividing the sum of those 3 membership figures by 3.
(ii) The district's actual membership for that fiscal year as otherwise
calculated under this subsection.
(z) If a public school academy that is not in its
first or second year of
operation closes at the end of a school year and does not
reopen for the next school
year, the department shall adjust the membership count of
the district or the
education achievement system in which a former pupil of the
public school academy
enrolls and is in regular daily attendance for the next
school year to ensure that the
district or the education achievement system receives the
same amount of membership
aid for the pupil as if the pupil were counted in the
district or the education
achievement system on the supplemental count day of the
preceding school year.
(Y) (aa) Full-time equated
memberships for special education pupils who are not
enrolled in kindergarten but are enrolled in a classroom program under R 340.1754 of
the Michigan administrative code shall be determined by dividing the number of class
hours scheduled and provided per year by 450. Full-time equated memberships for
special education pupils who are not enrolled in kindergarten but are receiving early
childhood special education services under R 340.1755 or 340.1862 of the Michigan
administrative code shall be determined by dividing the number of hours of service
scheduled and provided per year per pupil by 180.
(Z) (bb) A pupil of a district
that begins its school year after Labor day who
is enrolled in an intermediate district program that begins before Labor day shall not
be considered to be less than a full-time pupil solely due to instructional time
scheduled but not attended by the pupil before Labor day.
(AA) (cc) For the first year in
which a pupil is counted in membership on the
pupil membership count day in a middle college program, the membership is the average
of the full-time equated membership on the pupil membership count day and on the
supplemental count day for the current school year, as determined by the department.
If a pupil was counted by the operating district on the
immediately preceding
supplemental count day, the pupil shall be excluded from
the district's immediately
preceding supplemental count for purposes of determining
the district's membership.
(BB) (dd) A district, a public
school academy, or the education achievement
system that educates a pupil who attends a United States Olympic education center may
count the pupil in membership regardless of whether or not the pupil is a resident of
this state.
(CC) (ee) A pupil enrolled in a
district other than the pupil's district of
residence pursuant to section 1148(2) of the revised school code, MCL 380.1148, shall
be counted in the educating district or the education achievement system.
(DD) (ff) For a pupil enrolled in
a dropout recovery program that meets the
requirements of section 23a, the pupil shall be counted as 1/12 of a full-time equated
membership for each month that the district operating the program reports that the
pupil was enrolled in the program and was in full attendance. However, a pupil counted
under this subdivision shall not be counted as more than 1.0 FTE in a fiscal year. The
district operating the program shall report to the center the number of pupils who
were enrolled in the program and were in full attendance for a month not later than
the tenth day of the next month. A district shall not report a pupil as being in full
attendance for a month unless both of the following are met:
(i) A personalized learning plan is in place on or before the first school day
of the month for the first month the pupil participates in the program.
(ii) The pupil meets the district's definition under section 23a of
satisfactory monthly progress for that month or, if the pupil does not meet that
definition of satisfactory monthly progress for that month, the pupil did meet that
definition of satisfactory monthly progress in the immediately preceding month and
appropriate interventions are implemented within 10 school days after it is determined
that the pupil does not meet that definition of satisfactory monthly progress.
(5) "Public school academy" means that term as defined in the revised school
code.
(6) "Pupil" means a person in membership in a public school. A district must
have the approval of the pupil's district of residence to count the pupil in
membership, except approval by the pupil's district of residence is not required for
any of the following:
(a) A nonpublic part-time pupil enrolled in grades 1 to 12 in accordance with
section 166b.
(b) A pupil receiving 1/2 or less of his or her instruction in a district other
than the pupil's district of residence.
(c) A pupil enrolled in a public school academy or the education achievement
system.
(d) A pupil enrolled in a district other than the pupil's district of residence
under an intermediate district schools of choice pilot program as described in section
91a or former section 91 if the intermediate district and its constituent districts
have been exempted from section 105.
(e) A pupil enrolled in a district other than the pupil's district of residence
if the pupil is enrolled in accordance with section 105 or 105c.
(f) A pupil who has made an official written complaint or whose parent or legal
guardian has made an official written complaint to law enforcement officials and to
school officials of the pupil's district of residence that the pupil has been the
victim of a criminal sexual assault or other serious assault, if the official
complaint either indicates that the assault occurred at school or that the assault was
committed by 1 or more other pupils enrolled in the school the pupil would otherwise
attend in the district of residence or by an employee of the district of residence. A
person who intentionally makes a false report of a crime to law enforcement officials
for the purposes of this subdivision is subject to section 411a of the Michigan penal
code, 1931 PA 328, MCL 750.411a, which provides criminal penalties for that conduct.
As used in this subdivision:
(i) "At school" means in a classroom, elsewhere on school premises, on a school
bus or other school-related vehicle, or at a school-sponsored activity or event
whether or not it is held on school premises.
(ii) "Serious assault" means an act that constitutes a felony violation of
chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h, or that
constitutes an assault and infliction of serious or aggravated injury under section
81a of the Michigan penal code, 1931 PA 328, MCL 750.81a.
(g) A pupil whose district of residence changed after the pupil membership
count day and before the supplemental count day and who continues to be enrolled on
the supplemental count day as a nonresident in the district in which he or she was
enrolled as a resident on the pupil membership count day of the same school year.
(h) A pupil enrolled in an alternative education program operated by a district
other than his or her district of residence who meets 1 or more of the following:
(i) The pupil has been suspended or expelled from his or her district of
residence for any reason, including, but not limited to, a suspension or expulsion
under section 1310, 1311, or 1311a of the revised school code, MCL 380.1310, 380.1311,
and 380.1311a.
(ii) The pupil had previously dropped out of school.
(iii) The pupil is pregnant or is a parent.
(iv) The pupil has been referred to the program by a court.
(v) The pupil is enrolled in an
alternative or disciplinary education program
described in section 25.
(i) A pupil enrolled in the Michigan virtual school, for the pupil's enrollment
in the Michigan virtual school.
(j) A pupil who is the child of a person who works at the district or who is
the child of a person who worked at the district as of the time the pupil first
enrolled in the district but who no longer works at the district due to a workforce
reduction. As used in this subdivision, "child" includes an adopted child, stepchild,
or legal ward.
(k) An expelled pupil who has been denied reinstatement by the expelling
district and is reinstated by another school board under section 1311 or 1311a of the
revised school code, MCL 380.1311 and 380.1311a.
(l) A pupil enrolled in a district other than the pupil's district of residence
in a middle college program if the pupil's district of residence and the enrolling
district are both constituent districts of the same intermediate district.
(m) A pupil enrolled in a district other than the pupil's district of residence
who attends a United States Olympic education center.
(n) A pupil enrolled in a district other than the pupil's district of residence
pursuant to section 1148(2) of the revised school code, MCL 380.1148.
(o) A pupil who enrolls in a district other than the pupil's district of
residence as a result of the pupil's school not making adequate yearly progress under
the no child left behind act of 2001, Public Law 107-110.
(p) An online learning pupil enrolled in a district other than the pupil's
district of residence as an eligible pupil under section 21f.
However, if a district educates pupils who reside in another district and if
the primary instructional site for those pupils is established by the educating
district after 2009-2010 and is located within the boundaries of that other district,
the educating district must have the approval of that other district to count those
pupils in membership.
(7) "Pupil membership count day" of a district or intermediate district means:
(a) Except as provided in subdivision (b), the first Wednesday in October each
school year or, for a district or building in which school is not in session on that
Wednesday due to conditions not within the control of school authorities, with the
approval of the superintendent, the immediately following day on which school is in
session in the district or building.
(b) For a district or intermediate district maintaining school during the
entire school year, the following days:
(i) Fourth Wednesday in July.
(ii) First Wednesday in October.
(iii) Second Wednesday in February.
(iv) Fourth Wednesday in April.
(8) "Pupils in grades K to 12 actually enrolled and in regular daily
attendance" means pupils in grades K to 12 in attendance and receiving instruction in
all classes for which they are enrolled on the pupil membership count day or the
supplemental count day, as applicable. Except as otherwise provided in this
subsection, a pupil who is absent from any of the classes in which the pupil is
enrolled on the pupil membership count day or supplemental count day and who does not
attend each of those classes during the 10 consecutive school days immediately
following the pupil membership count day or supplemental count day, except for a pupil
who has been excused by the district, shall not be counted as 1.0 full-time equated
membership. A pupil who is excused from attendance on the pupil membership count day
or supplemental count day and who fails to attend each of the classes in which the
pupil is enrolled within 30 calendar days after the pupil membership count day or
supplemental count day shall not be counted as 1.0 full-time equated membership. In
addition, a pupil who was enrolled and in attendance in a district, an intermediate
district, a public school academy, or the education achievement system before the
pupil membership count day or supplemental count day of a particular year but was
expelled or suspended on the pupil membership count day or supplemental count day
shall only be counted as 1.0 full-time equated membership if the pupil resumed
attendance in the district, intermediate district, public school academy, or education
achievement system within 45 days after the pupil membership count day or supplemental
count day of that particular year. Pupils not counted as 1.0 full-time equated
membership due to an absence from a class shall be counted as a prorated membership
for the classes the pupil attended. For purposes of this subsection, "class" means a
period of time in 1 day when pupils and a certificated teacher or legally qualified
substitute teacher are together and instruction is taking place.
(9) "Rule" means a rule promulgated pursuant to the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(10) "The revised school code" means 1976 PA 451, MCL 380.1 to 380.1852.
(11) "School district of the first class", "first class school district", and
"district of the first class" mean a district
that had at least 60,000 45,000 pupils
in membership for the immediately preceding fiscal year.
(12) "School fiscal year" means a fiscal year that commences July 1 and
continues through June 30.
(13) "State board" means the state board of education.
(14) "Superintendent", unless the context clearly refers to a district or
intermediate district superintendent, means the superintendent of public instruction
described in section 3 of article VIII of the state constitution of 1963.
(15) "Supplemental count day" means the day on which the supplemental pupil
count is conducted under section 6a.
(16) "Tuition pupil" means a pupil of school age attending school in a district
other than the pupil's district of residence for whom tuition may be charged to the
district of residence. Tuition pupil does not include a pupil who is a special
education pupil, a pupil described in subsection (6)(c) to (p), or a pupil whose
parent or guardian voluntarily enrolls the pupil in a district that is not the pupil's
district of residence. A pupil's district of residence shall not require a high school
tuition pupil, as provided under section 111, to attend another school district after
the pupil has been assigned to a school district.
(17) "State school aid fund" means the state school aid fund established in
section 11 of article IX of the state constitution of 1963.
(18) "Taxable value" means the taxable value of property as determined under
section 27a of the general property tax act, 1893 PA 206, MCL 211.27a.
(19) "Textbook" means a book, electronic book, or other instructional print or
electronic resource that is selected and approved by the governing board of a district
or, for an achievement school, by the chancellor of the achievement authority and that
contains a presentation of principles of a subject, or that is a literary work
relevant to the study of a subject required for the use of classroom pupils, or
another type of course material that forms the basis of classroom instruction.
(20) "Total state aid" or "total state school aid" means the total combined
amount of all funds due to a district, intermediate district, or other entity under
all of the provisions of this article.
Sec. 8b. (1) The department shall assign a district code to each public school
academy that is authorized under the revised school code and is eligible to receive
funding under this act ARTICLE within 30 days after a contract is submitted to the
department by the authorizing body of a public school academy.
(2) If the department does not assign a district code to a public school
academy within the 30-day period described in subsection (1), the district code the
department shall use to make payments under this act
ARTICLE to the newly authorized
public school academy shall be a number that is equivalent to the sum of the last
district code assigned to a public school academy located in the same county as the
newly authorized public school academy plus 1. However, if there is not an existing
public school academy located in the same county as the newly authorized public school
academy, then the district code the department shall use to make payments under this
act ARTICLE to the newly authorized public
school academy shall be a 5-digit number
that has the county code in which the public school academy is located as its first 2
digits, 9 as its third digit, 0 as its fourth digit, and 1 as its fifth digit. If the
number of public school academies in a county grows to exceed 100, the third digit in
this 5-digit number shall then be 8 7
for the public school academies in excess of
100.
Sec. 11. (1) For the fiscal year ending September
30, 2013, there is
appropriated for the public schools of this state and
certain other state purposes
relating to education the sum of $10,928,614,200.00 from
the state school aid fund and
the sum of $282,400,000.00 from the general fund. For the fiscal year ending
September
30, 2014 2015, there is appropriated for the
public schools of this state and certain
other state purposes relating to education the sum of $11,211,382,300.00
$11,790,976,900.00 from the state school aid fund, the
sum of $156,000,000.00
$18,000,000.00 from the MPSERS retirement obligation reform reserve fund created under
section 147b, and the sum of $234,900,000.00 $180,000,000.00 from the general fund. In
addition, all other available federal funds, except
those otherwise appropriated under
section 11p, are appropriated for the fiscal year ending September
30, 2013 and for
the fiscal year ending September 30, 2014 2015.
(2) The appropriations under this section shall be allocated as provided in
this article. Money appropriated under this section from the general fund shall be
expended to fund the purposes of this article before the expenditure of money
appropriated under this section from the state school aid fund.
(3) Any general fund allocations under this article that are not expended by
the end of the state fiscal year are transferred to the school aid stabilization fund
created under section 11a.
Sec. 11a. (1) The school aid stabilization fund is created as a separate
account within the state school aid fund established by section 11 of article IX of
the state constitution of 1963.
(2) The state treasurer may receive money or other assets from any source for
deposit into the school aid stabilization fund. The state treasurer shall deposit into
the school aid stabilization fund all of the following:
(a) Unexpended and unencumbered state school aid fund revenue for a fiscal year
that remains in the state school aid fund as of the bookclosing for that fiscal year.
(b) Money statutorily dedicated to the school aid stabilization fund.
(c) Money appropriated to the school aid stabilization fund.
(3) Money available in the school aid stabilization fund may not be expended
without a specific appropriation from the school aid stabilization fund. Money in the
school aid stabilization fund shall be expended only for purposes for which state
school aid fund money may be expended.
(4) The state treasurer shall direct the investment of the school aid
stabilization fund. The state treasurer shall credit to the school aid stabilization
fund interest and earnings from fund investments.
(5) Money in the school aid stabilization fund at the close of a fiscal year
shall remain in the school aid stabilization fund and shall not lapse to the
unreserved school aid fund balance or the general fund.
(6) If the maximum amount appropriated under section 11 from the state school
aid fund for a fiscal year exceeds the amount available for expenditure from the state
school aid fund for that fiscal year, there is appropriated from the school aid
stabilization fund to the state school aid fund an amount equal to the projected
shortfall as determined by the department of treasury, but not to exceed available
money in the school aid stabilization fund. If the money in the school aid
stabilization fund is insufficient to fully fund an amount equal to the projected
shortfall, the state budget director shall notify the legislature as required under
section 296(2) and state payments in an amount equal to the remainder of the projected
shortfall shall be prorated in the manner provided under section 296(3).
(7) For 2013-2014 2014-2015, in addition to the appropriations in section 11,
there is appropriated from the school aid stabilization fund to the state school aid
fund the amount necessary to fully fund the allocations under this article.
Sec. 11g. (1) From the appropriation in section 11, there is allocated for this
section an amount not to exceed $39,500,000.00 for the fiscal year ending September
30, 2014 and for the fiscal year ending September 30,
2015, after which these payments
will cease. These allocations are for paying the amounts described in subsection (3)
to districts and intermediate districts, other than those receiving a lump-sum payment
under section 11f(2), that were not plaintiffs in the consolidated cases known as
Durant v State of Michigan, Michigan supreme court docket no. 104458-104492 and that,
on or before March 2, 1998, submitted to the state treasurer a waiver resolution
described in section 11f. The amounts paid under this section represent offers of
settlement and compromise of any claim or claims that were or could have been asserted
by these districts and intermediate districts, as described in this section.
(2) This section does not create any obligation or liability of this state to
any district or intermediate district that does not submit a waiver resolution
described in section 11f. This section and any other provision of this article are not
intended to admit liability or waive any defense that is or would be available to this
state or its agencies, employees, or agents in any litigation or future litigation
with a district or intermediate district regarding these claims or potential claims.
(3) The amount paid each fiscal year to each district or intermediate district
under this section shall be 1 of the following:
(a) If the district or intermediate district does not borrow money and issue
bonds under section 11i, 1/30 of the total amount listed in section 11h for the
district or intermediate district through the fiscal year ending September 30, 2015.
(b) If the district or intermediate district borrows money and issues bonds
under section 11i, an amount in each fiscal year calculated by the department of
treasury that is equal to the debt service amount in that fiscal year on the bonds
issued by that district or intermediate district under section 11i and that will
result in the total payments made to all districts and intermediate districts in each
fiscal year under this section being no more than the amount appropriated under this
section in each fiscal year.
(4) The entire amount of each payment under this section each fiscal year shall
be paid on May 15 of the applicable fiscal year or on the next business day following
that date. If a district or intermediate district borrows money and issues bonds under
section 11i, the district or intermediate district shall use funds received under this
section to pay debt service on bonds issued under section 11i. If a district or
intermediate district does not borrow money and issue bonds under section 11i, the
district or intermediate district shall use funds received under this section only for
the following purposes, in the following order of priority:
(a) First, to pay debt service on voter-approved bonds issued by the district
or intermediate district before the effective date of this section.
(b) Second, to pay debt service on other limited tax obligations.
(c) Third, for deposit into a sinking fund established by the district or
intermediate district under the revised school code.
(5) To the extent payments under this section are used by a district or
intermediate district to pay debt service on debt payable from millage revenues, and
to the extent permitted by law, the district or intermediate district may make a
corresponding reduction in the number of mills levied for debt service.
(6) A district or intermediate district may pledge or assign payments under
this section as security for bonds issued under section 11i, but shall not otherwise
pledge or assign payments under this section.
(7) If a district eligible for payments under this section is dissolved under
section 12 of the revised school code, MCL 380.12, the payment otherwise due to the
dissolved district under this section shall be paid instead to the intermediate
district of the dissolved district. The intermediate district of the dissolved
district shall perform any functions and responsibilities of the board and other
officers of the dissolved district necessary under this section on behalf of the
dissolved district. As used in this subsection, "dissolved district" and "receiving
district" mean those terms as defined in section 20.
Sec. 11j. From the appropriation in section 11, there is allocated an amount
not to exceed $131,660,000.00 $142,600,000.00 for 2013-2014 2014-2015 for payments to
the school loan bond redemption fund in the department of treasury on behalf of
districts and intermediate districts. Notwithstanding section 296 or any other
provision of this act, funds allocated under this section are not subject to proration
and shall be paid in full.
Sec. 11k. For 2013-2014 2014-2015, there is appropriated from the general fund
to the school loan revolving fund an amount equal to the amount of school bond loans
assigned to the Michigan finance authority, not to exceed the total amount of school
bond loans held in reserve as long-term assets. As used in this section, "school loan
revolving fund" means that fund created in section 16c of the shared credit rating
act, 1985 PA 227, MCL 141.1066c.
Sec. 11m. From the appropriations in section 11,
there is allocated for 2013-
2014 2014-2015 an amount not to exceed
$4,000,000.00 for fiscal year cash-flow
borrowing costs solely related to the state school aid fund established by section 11
of article IX of the state constitution of 1963.
Sec. 11r. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $10,000,000.00 to be deposited into the Distressed Districts
Emergency Grant Fund created under this section for the purpose of funding grants
under this section.
(2) The Distressed Districts Emergency Grant Fund is created as a separate
account within the state school aid fund. The state treasurer may receive money or
other assets from any source for deposit into the Distressed Districts Emergency Grant
Fund. The state treasurer shall direct the investment of the Distressed Districts
Emergency Grant Fund and shall credit to the Distressed Districts Emergency Grant Fund
interest and earnings from the fund.
(3) A district is eligible to receive a grant from the fund if either of the
following apply:
(a) the district has adopted a resolution authorizing the voluntary dissolution
of the district approved by the state treasurer under section 12(1)(C) of the revised
school code, MCL 380.12, but the dissolution has not yet taken effect under section
12(2) of the revised school code, mcl 380.12.
(b) The district is a receiving district under section 12 of the revised school
code, mcl 380.12, and the district enrolls pupils who were previously enrolled in a
district that was dissolved under section 12 of the revised school code, MCL 380.12,
in the previous school year.
(4) A district receiving funds under section 20g is not eligible to receive
funds under this section.
(5) the amount of A grant UNDER THIS SECTION shall be determined by the state
treasurer after consultation with the superintendent of public instruction, but shall
not exceed the estimated amount of remaining district costs in excess of available
revenues, including, but not limited to, payroll, benefits, RETIREMENT System
CONTRIBUTIONS, pupil transportation, food serviceS, special education, building
security, and other costs necessary to allow the district to operate schools directly
and provide public education services until the end of the current school FISCAL year.
For A district that meetS the eligibility criteria under subsection (3)(B), the amount
of the grant shall be determined IN THE SAME MANNER AS TRANSITION COSTS UNDER section
20g.
(6) Money in the Distressed Districts Emergency Grant Fund at the close of the
fiscal year shall remain in the Distressed Districts Emergency Grant Fund and shall
not lapse to the state school aid fund or to the general fund.
Sec. 12. It is the intent of the legislature to
appropriate and allocate for
FOR
the fiscal year ending
September 30, 2015 2016, the same amounts of money from the
same sources for the same purposes as are appropriated and allocated under this
article for the fiscal year ending September 30, 2014
2015, as adjusted for changes in
pupil membership, taxable values, special education costs, interest costs, RETIREMENT
COSTS and available revenue. These adjustments will be determined after the January
2014 2015 consensus revenue estimating
conference.
Sec. 15. (1) If a district or intermediate district fails to receive its proper
apportionment, the department, upon satisfactory proof that the district or
intermediate district was entitled justly, shall apportion the deficiency in the next
apportionment. Subject to subsections (2) and (3), if a district or intermediate
district has received more than its proper apportionment, the department, upon
satisfactory proof, shall deduct the excess in the next apportionment. Notwithstanding
any other provision in this article, state aid overpayments to a district, other than
overpayments in payments for special education or special education transportation,
may be recovered from any payment made under this article other than a special
education or special education transportation payment, from the proceeds of a loan to
the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to
141.942, or from the proceeds of millage levied or pledged under section 1211 of the
revised school code, MCL 380.1211. State aid overpayments made in special education or
special education transportation payments may be recovered from subsequent special
education or special education transportation payments, from the proceeds of a loan to
the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to
141.942, or from the proceeds of millage levied or pledged under section 1211 of the
revised school code, MCL 380.1211.
(2) If the result of an audit conducted by or for the department affects the
current fiscal year membership, affected payments shall be adjusted in the current
fiscal year. A deduction due to an adjustment made as a result of an audit conducted
by or for the department, or as a result of information obtained by the department
from the district, an intermediate district, the department of treasury, or the office
of auditor general, shall be deducted from the district's apportionments when the
adjustment is finalized. At the request of the district and upon the district
presenting evidence satisfactory to the department of the hardship, the department may
grant up to an additional 4 years for the adjustment and may advance payments to the
district otherwise authorized under this article if the district would otherwise
experience a significant hardship in satisfying its financial obligations.
(3) If, BASED ON AN AUDIT BY THE DEPARTMENT OR THE DEPARTMENT’S DESIGNEE OR
because of the receipt of new or updated data
INFORMATION RECEIVED BY THE DEPARTMENT,
the department determines during a fiscal year that
the amount paid to a district or
intermediate district under this article for THE CURRENT FISCAL YEAR OR a prior fiscal
year was incorrect under the law in effect for that year,
the department may SHALL
make the appropriate deduction or payment in the district's or intermediate district's
allocation for the fiscal year in which the determination
is made IN THE NEXT
APPORTIONMENT AFTER THE ADJUSTMENT IS FINALIZED. The deduction or payment shall be
calculated according to the law in effect in the fiscal
year in which the improper
INCORRECT amount was paid. If the district does not receive an allocation for the
fiscal year or if the allocation is not sufficient to pay the amount of any deduction,
the amount of any deduction otherwise applicable shall be satisfied from the proceeds
of a loan to the district under the emergency municipal loan act, 1980 PA 243, MCL
141.931 to 141.942, or from the proceeds of millage levied or pledged under section
1211 of the revised school code, MCL 380.1211, as determined by the department.
(4) THE DEPARTMENT MAY CONDUCT AUDITS, OR MAY DIRECT AUDITS BY DESIGNEE OF THE
DEPARTMENT, OF ALL RECORDS FOR THE CURRENT FISCAL YEAR AND THE PRECEDING THREE FISCAL
YEARS RELATED TO A PROGRAM FOR WHICH A DISTRICT OR INTERMEDIATE DISTRICT HAS RECEIVED
FUNDS UNDER THIS ARTICLE.
(5) (4) Expenditures made by the
department under this article that are caused
by the write-off of prior year accruals may be funded by revenue from the write-off of
prior year accruals.
(6) (5) In addition to funds
appropriated in section 11 for all programs and
services, there is appropriated for 2013-2014 2014-2015 for obligations in excess of
applicable appropriations an amount equal to the collection of overpayments, but not
to exceed amounts available from overpayments.
Sec. 17a. (1) The department may withhold all or part of any payment that a
district or intermediate district is entitled to receive
under this act ARTICLE to the
extent the withholdings are a component part of a plan, developed and implemented
pursuant to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821,
the emergency municipal loan act, 1980 pa 243, mcl 141.931 to 141.942, the local
financial stability and choice act, 2012 pa 436, mcl 141.1541 to 141.1575, or other
statutory authority, for financing an outstanding obligation upon which the district
or intermediate district defaulted or for other financial obligations of the district
or intermediate district. Amounts withheld shall be used to pay, on behalf of the
district or intermediate district, unpaid amounts or subsequently due amounts, or
both, of principal and interest on the outstanding obligation upon which the district
or intermediate district defaulted.
(2) The state treasurer may withhold all or part of any payment that a district
or intermediate district is entitled to receive under this act
ARTICLE to the extent
authorized or required under section 15 of the school bond qualification, approval,
and loan act, 2005 PA 92, MCL 388.1935, the emergency municipal loan act, 1980 pa 243,
mcl 141.931 to 141.942, the local financial stability and choice act, 2012 pa 436, mcl
141.1541 to 141.1575, or other statutory authority.
(3) Under an agreement entered into by a district or intermediate district
assigning all or a portion of the payment that it is eligible to receive under this
act ARTICLE to the Michigan finance authority
or to the trustee of a pooled
arrangement or pledging the amount for payment of an obligation it incurred with the
Michigan finance authority or with the trustee of a pooled arrangement, the state
treasurer shall transmit to the Michigan finance authority or a trustee designated by
the Michigan finance authority or to the trustee of a pooled arrangement or other
designated depository the amount of the payment that is assigned or pledged under the
agreement.
(4) If a district or intermediate district for which
an emergency manager has
been appointed pursuant to is in place under the local financial stability and choice
act, 2012 PA 436, MCL 141.1541 to 141.1575, or that has an approved deficit
elimination plan or an approved enhanced deficit elimination plan under section 102,
enters into or has entered into an agreement described in subsection (3) pursuant to
section 1225(2) of the revised school code, MCL 380.1225, whether the obligation was
issued before or after the effective date of this subsection, the portion of state
school aid paid or to be paid on behalf of the district or intermediate district
directly to the Michigan finance authority, or to a trustee designated by the Michigan
finance authority, for the sole purpose of paying the principal of and interest on the
obligation is subject to a lien and trust that is a statutory lien and trust,
paramount and superior to all other liens and interests of any kind, for the sole
purpose of paying the principal of and interest on the obligation. The statutory lien
and trust applies to the state school aid received or to be received by the Michigan
finance authority, or trustee designated by the Michigan finance authority, on behalf
of the district or intermediate district, immediately upon the later of the effective
date of this subsection or the time when the state school aid is allocated to the
district or intermediate district, but is subject to any subsequent reduction of the
state school aid allocation by operation of law or executive order. The lien and trust
imposed by this section with respect to state school aid has a priority as established
in the agreement, except that the agreement shall not impair any existing lien and
trust previously created pursuant to this section, including any lien and trust
applicable to a multi-year repayment agreement under section 1225 of the revised
school code, MCL 380.1225. Except as otherwise provided in this subsection, the lien
and trust created under this subsection for the benefit of holders of the obligation
issued pursuant to this section is valid and binding against a party having a claim of
any kind in tort, contract, or otherwise against the district or intermediate district
that has issued the obligation secured by a pledge of state school aid pursuant to
this section, regardless of whether that party has notice of the pledge. A pledge made
pursuant to this section for the benefit of the holders of obligations or others is
perfected without delivery, recording, or notice. The state school aid paid or to be
paid on behalf of a district or intermediate district to the Michigan finance
authority, or trustee designated by the Michigan finance authority, shall be held in
trust for the sole benefit of the holders of the obligation issued pursuant to this
section or section 1225 of the revised school code, MCL 380.1225, and is exempt from
being levied upon, taken, sequestered, or applied toward paying the debts or
liabilities of the district or intermediate district other than for payment of the
obligation to which the lien applies. However, nothing in this subsection alters the
ability of the state treasurer to withhold state school aid from a district or
intermediate district as provided by law.
(5) Notwithstanding the payment dates prescribed by
this act ARTICLE for
distributions under this act ARTICLE, the state treasurer may advance all or part of a
payment that is dedicated for distribution or for which the appropriation authorizing
the payment has been made if and to the extent, under the terms of an agreement
entered into by a district or intermediate district and the Michigan finance
authority, the payment that the district or intermediate district is eligible to
receive has been assigned to or pledged for payment of an obligation it incurred with
the Michigan finance authority.
(6) This section does not require the state to make an appropriation to any
school district or intermediate school district and shall not be construed as creating
an indebtedness of the state, and any agreement made pursuant to this section shall
contain a statement to that effect.
(7) As used in this section, "trustee of a pooled arrangement" means the
trustee of a trust approved by the state treasurer and, subject to the conditions and
requirements of that approval, established for the purpose of offering for sale, as
part of a pooled arrangement, certificates representing undivided interests in notes
issued by districts or intermediate districts under section 1225 of the revised school
code, MCL 380.1225.
(8) If a trustee applies to the state treasurer for approval of a trust for the
purposes of this section, the state treasurer shall approve or disapprove the trust
within 10 days after receipt of the application.
Sec. 18. (1) Except as provided in another section of this article, each
district or other entity shall apply the money received by the district or entity
under this article to salaries and other compensation of teachers and other employees,
tuition, transportation, lighting, heating, ventilation, water service, the purchase
of textbooks, other supplies, and any other school operating expenditures defined in
section 7. However, not more than 20% of the total amount received by a district UNDER
SECTIONS
22A AND 22B or
intermediate district under this article UNDER SECTION 81
may
be transferred by the board to either the capital projects fund or to the debt
retirement fund for debt service. The money shall not be applied or taken for a
purpose other than as provided in this section. The department shall determine the
reasonableness of expenditures and may withhold from a recipient of funds under this
article the apportionment otherwise due upon a violation by the recipient.
(2) Within 30 15 days after a
board adopts its annual operating budget for the
following school fiscal year, or after a board adopts a subsequent revision to that
budget, the district shall make all of the following available through a link on its
website home page, or may make the information available through a link on its
intermediate district's website home page, in a form and manner prescribed by the
department:
(a) The annual operating budget and subsequent budget revisions.
(b) Using data that have already been collected and submitted to the
department, a summary of district expenditures for the most recent fiscal year for
which they are available, expressed in the following 2 pie charts:
(i) A chart of personnel expenditures, broken into the following subcategories:
(A) Salaries and wages.
(B) Employee benefit costs, including, but not limited to, medical, dental,
vision, life, disability, and long-term care benefits.
(C) Retirement benefit costs.
(D) All other personnel costs.
(ii) A chart of all district expenditures, broken into the following
subcategories:
(A) Instruction.
(B) Support services.
(C) Business and administration.
(D) Operations and maintenance.
(c) Links to all of the following:
(i) The current collective bargaining agreement for each bargaining unit.
(ii) Each health care benefits plan, including, but not limited to, medical,
dental, vision, disability, long-term care, or any other type of benefits that would
constitute health care services, offered to any bargaining unit or employee in the
district.
(iii) The audit report of the audit conducted under subsection (4) for the most
recent fiscal year for which it is available.
(iv) The bids required under section 5 of the public employee health benefits
act, 2007 PA 106, MCL 124.75.
(d) The total salary and a description and cost of each fringe benefit included
in the compensation package for the superintendent of the district and for each
employee of the district whose salary exceeds $100,000.00.
(e) The annual amount spent on dues paid to associations.
(f) The annual amount spent on lobbying or lobbying services. As used in this
subdivision, "lobbying" means that term as defined in section 5 of 1978 PA 472, MCL
4.415.
(g) any deficit elimination plan or enhanced deficit elimination plan the
district was required to submit under this ARTICLE.
(3) For the information required under subsection (2)(a), (2)(b)(i), and
(2)(c), an intermediate district shall provide the same information in the same manner
as required for a district under subsection (2).
(4) For the purpose PURPOSES of determining the reasonableness of expenditures,
WHETHER A DISTRICT OR INTERMEDIATE DISTRICT HAS RECEIVED THE PROPER AMOUNT OF FUNDS
UNDER THIS ARTICLE, and whether a violation of this article has occurred, all of the
following apply:
(a) The department shall require that each district and intermediate district
have an audit of the district's or intermediate district's financial and pupil
accounting records conducted at least annually at the expense of the district or
intermediate district, as applicable, AND AT SUCH OTHER TIMES AS DETERMINED BY THE
DEPARTMENT. AUDITS MUST BE PERFORMED by a certified public accountant or by the
intermediate district superintendent, as may be required by the department, or in the
case of a district of the first class by a certified public accountant, the
intermediate superintendent, or the auditor general of the city. RECORDS SHALL BE
RETAINED BY THE DISTRICT OR INTERMEDIATE DISTRICT FOR THE CURRENT FISCAL
YEAR AND FOR THE THREE PREVIOUS FISCAL YEARS.
(b) If a district operates in a single building with fewer than 700 full-time
equated pupils, if the district has stable membership, and if the error rate of the
immediately preceding 2 pupil accounting field audits of the district is less than 2%,
the district may have a pupil accounting field audit conducted biennially but must
continue to have desk audits for each pupil count. The auditor must document
compliance with the audit cycle in the pupil auditing manual. As used in this
subdivision, "stable membership" means that the district's membership for the current
fiscal year varies from the district's membership for the immediately preceding fiscal
year by less than 5%.
(c) A district's or intermediate district's annual financial audit shall
include an analysis of the financial and pupil accounting data used as the basis for
distribution of state school aid.
(d) The pupil and financial accounting records and reports, audits, and
management letters are subject to requirements established in the auditing and
accounting manuals approved and published by the department.
(e) All of the following shall be done not later
than November October 15
each
year:
(i) A district shall file the annual financial audit reports with the
intermediate district and the department.
(ii) The intermediate district shall file the annual financial audit reports
for the intermediate district with the department.
(iii) The intermediate district shall enter the pupil membership audit reports
for its constituent districts and for the intermediate district, for the pupil
membership count day and supplemental count day, in the Michigan student data system.
(f) The annual financial audit reports and pupil accounting procedures reports
shall be available to the public in compliance with the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246.
(g) Not later than January 31 of each year, the department shall notify the
state budget director and the legislative appropriations subcommittees responsible for
review of the school aid budget of districts and intermediate districts that have not
filed an annual financial audit and pupil accounting procedures report required under
this section for the school year ending in the immediately preceding fiscal year.
(5) By November OCTOBER 15 of each year, each district and intermediate
district shall submit to the center, in a manner prescribed by the center, annual
comprehensive financial data consistent with accounting manuals and charts of accounts
approved and published by the department. For an intermediate district, the report
shall also contain the website address where the department can access the report
required under section 620 of the revised school code, MCL 380.620. The department
shall ensure that the prescribed Michigan public school accounting manual chart of
accounts includes standard conventions to distinguish expenditures by allowable fund
function and object. The functions shall include at minimum categories for
instruction, pupil support, instructional staff support, general administration,
school administration, business administration, transportation, facilities operation
and maintenance, facilities acquisition, and debt service; and shall include object
classifications of salary, benefits, including categories for active employee health
expenditures, purchased services, supplies, capital outlay, and other. Districts shall
report the required level of detail consistent with the manual as part of the
comprehensive annual financial report.
(6) By September 30 of each year, each district and intermediate district shall
file with the department the special education actual cost report, known as "SE-4096",
on a form and in the manner prescribed by the department.
(7) By October 7 of each year, each district and intermediate district shall
file with the center the transportation expenditure report, known as "SE-4094", on a
form and in the manner prescribed by the center.
(8) The department shall review its pupil accounting and pupil auditing manuals
at least annually and shall periodically update those manuals to reflect changes in
this article.
(9) If a district that is a public school academy purchases property using
money received under this article, the public school academy shall retain ownership of
the property unless the public school academy sells the property at fair market value.
(10) If a district or intermediate district does not comply with subsections
(4), (5), (6), and (7), the department shall withhold all state school aid due to the
district or intermediate district under this article, beginning with the next payment
due to the district or intermediate district, until the district or intermediate
district complies with subsections (4), (5), (6), and (7). If the district or
intermediate district does not comply with subsections (4), (5), (6), and (7) by the
end of the fiscal year, the district or intermediate district forfeits the amount
withheld.
(11) Not later than September 1, 2014, if a
district or intermediate district
offers online learning, the district or intermediate
district shall submit to the
department a report that details the per-pupil costs of
operating the online learning.
The report shall include at least all of the following
information concerning the
operation of online learning for the school fiscal year
ending June 30, 2014:
(a) The name of the district operating the online
learning and of each district
that enrolled students in the online learning.
(b) The total number of students enrolled in the
online learning and the total
number of membership pupils enrolled in the online
learning.
(c) For each pupil who is enrolled in a district
other than the district
offering online learning, the name of that district.
(d) The district in which the pupil was enrolled
before enrolling in the
district offering online learning.
(e) The number of participating students who had
previously dropped out of
school.
(f) The number of participating students who had
previously been expelled from
school.
(g) The total cost to enroll a student in the
program. This cost shall be
reported on a per-pupil, per-course, per-semester or
trimester basis. The total shall
include costs broken down by cost for training, personnel,
hardware and software,
payment to each online learning provider, and other costs
associated with operating
online learning.
(h) The name of each online education provider
contracted by the district and
the state in which each online education provider is
headquartered.
Sec. 19. (1) A district or intermediate district shall comply with all
applicable reporting requirements specified in state and federal law. Data provided to
the center, in a form and manner prescribed by the center, shall be aggregated and
disaggregated as required by state and federal law. In addition, a district or
intermediate district shall cooperate with all measures taken by the center to
establish and maintain a statewide P-20 longitudinal data system.
(2) Each district shall furnish to the center not later than 5 weeks after the
pupil membership count day and by June 30 of the school fiscal year ending in the
fiscal year, in a manner prescribed by the center, the information necessary for the
preparation of the district and high school graduation report. This information shall
meet requirements established in the pupil auditing manual approved and published by
the department. The center shall calculate an annual graduation and pupil dropout rate
for each high school, each district, and this state, in compliance with nationally
recognized standards for these calculations. The center shall report all graduation
and dropout rates to the senate and house education committees and appropriations
committees, the state budget director, and the department not later than 30 days after
the publication of the list described in subsection (6).
(3) By the first business day in December and by June 30 of each year, a
district shall furnish to the center, in a manner prescribed by the center,
information related to educational personnel as necessary for reporting required by
state and federal law.
(4) By June 30 of each year, a district shall furnish to the center, in a
manner prescribed by the center, information related to safety practices and criminal
incidents as necessary for reporting required by state and federal law.
(5) If a district or intermediate district fails to meet the requirements of
this section, the department shall withhold 5% of the total funds for which the
district or intermediate district qualifies under this article until the district or
intermediate district complies with all of those subsections. If the district or
intermediate district does not comply with all of those subsections by the end of the
fiscal year, the department shall place the amount withheld in an escrow account until
the district or intermediate district complies with all of those subsections.
(6) Before publishing a list of school or district accountability designations
as required by the no child left behind act of 2001, Public Law 107-110, the
department shall allow a school or district to appeal that determination. The
department shall consider and act upon the appeal within 30 days after it is submitted
and shall not publish the list until after all appeals have been considered and
decided.
(7) It is the intent of the legislature to
implement not later than 2014-2015
statewide standard reporting requirements for education
data approved by the
department in conjunction with the center. The department
shall work with the center,
intermediate districts, districts, and other interested
stakeholders to develop
recommendations on the implementation of this policy
change. A district or
intermediate district shall implement the statewide
standard reporting requirements
not later than 2014-2015 or when a district or intermediate
district updates its
education data reporting system, whichever is later.
Sec. 20. (1) For 2013-2014, 2014-2015:
(A)
the EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, THE basic foundation
allowance is $8,049.00 $8,132.00. HOWEVER, FOR PURPOSES OF THE CALCULATION IN
SUBSECTION (3), THE BASIC FOUNDATION ALLOWANCE IS $8,077.00.
(B) THE MINIMUM FOUNDATION ALLOWANCE FOR THE CURRENT STATE FISCAL YEAR IS
$7,187.00.
(2) The amount of each district's foundation allowance shall be calculated as
provided in this section, using a basic foundation allowance in the amount specified
in subsection (1).
(3) Except as otherwise provided in this section, the amount of a district's
foundation allowance shall be calculated as follows, using in all calculations the
total amount of the district's foundation allowance as calculated before any
proration:
(a) For a district that had a foundation allowance for the immediately
preceding state fiscal year that was at least equal
to the sum of $7,108.00 plus the
total dollar amount of all adjustments made from 2006-2007
to the immediately
preceding state fiscal year in the lowest foundation
allowance among all districts,
MINIMUM FOUNDATION ALLOWANCE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR but less
than the basic foundation allowance for the immediately preceding state fiscal year,
the district shall receive a foundation allowance in an amount equal to the sum of the
greater of $6,966.00 or the district's foundation allowance for
the immediately
preceding state fiscal year plus the difference between twice the dollar amount of the
adjustment from the immediately preceding state fiscal year to the current state
fiscal year made in the basic foundation allowance and [(the
dollar amount of the
adjustment from the DIFFERENCE
BETWEEN THE BASIC FOUNDATION ALLOWANCE FOR THE CURRENT
STATE FISCAL YEAR AND BASIC FOUNDATION ALLOWANCE FOR THE immediately preceding state
fiscal year to the current state fiscal year made in the
basic foundation allowance
minus $10.00 $8.00) times (the difference between the
district's foundation allowance
for the immediately preceding state fiscal year and the sum
of $7,108.00 plus the
total dollar amount of all adjustments made from 2006-2007
to the immediately
preceding state fiscal year in the lowest foundation
allowance among all districts
MINIMUM FOUNDATION ALLOWANCE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR) divided
by the difference between the basic foundation allowance for the current state fiscal
year and the sum of $7,108.00 plus the total dollar
amount of all adjustments made
from 2006-2007 to the immediately preceding state fiscal
year in the lowest foundation
allowance among all districts MINIMUM
FOUNDATION ALLOWANCE FOR THE IMMEDIATELY
PRECEDING
STATE FISCAL YEAR]. For
2011-2012, for a district that had a foundation
allowance for the immediately preceding state fiscal year
that was at least equal to
the sum of $7,108.00 plus the total dollar amount of all
adjustments made from 2006-
2007 to the immediately preceding state fiscal year in the
lowest foundation allowance
among all districts, but less than the basic foundation
allowance for the immediately
preceding state fiscal year, the district shall receive a
foundation allowance in an
amount equal to the district's foundation allowance for
2010-2011, minus $470.00.
However, the foundation allowance for a district that had less than the basic
foundation allowance for the immediately preceding state fiscal year shall not exceed
the basic foundation allowance for the current state fiscal year.
(b) Except as otherwise provided in this
subsection, for a district that in the
immediately preceding state fiscal year had a foundation
allowance in an amount at
least equal to the amount of the basic foundation allowance
for the immediately
preceding state fiscal year, the district shall receive a
foundation allowance for
2011-2012 in an amount equal to the district's foundation
allowance for 2010-2011,
minus $470.00.
(B) (c) Except as otherwise provided
in subdivision (d), for FOR a district
that in the 1994-95 state fiscal year had a
foundation allowance FOR THE IMMEDIATELY
PRECEDING
STATE FISCAL YEAR THAT WAS AT LEAST EQUAL TO OR greater than $6,500.00 THE
BASIC FOUNDATION ALLOWANCE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR, the
district's foundation allowance is an amount equal to the sum of the district's
foundation allowance for the immediately preceding state fiscal year plus the lesser
of the increase in the basic foundation allowance for the current state fiscal year,
as compared to the immediately preceding state fiscal year, or the product of the
district's foundation allowance for the immediately preceding state fiscal year times
the percentage increase in the United States consumer price index in the calendar year
ending in the immediately preceding fiscal year as reported by the May revenue
estimating conference conducted under section 367b of the management and budget act,
1984 PA 431, MCL 18.1367b. Except as otherwise provided
in subdivision (d), for 2011-
2012, for a district that in the 1994-1995 state fiscal
year had a foundation
allowance greater than $6,500.00, the district's foundation
allowance is an amount
equal to the district's foundation allowance for the
2010-2011 fiscal year minus
$470.00.
(d) For a district that in the 1994-95 state
fiscal year had a foundation
allowance greater than $6,500.00 and that had a foundation
allowance for the 2009-2010
state fiscal year, as otherwise calculated under this
section, that was less than the
basic foundation allowance, the district's foundation
allowance for 2011-2012 and each
succeeding fiscal year shall be considered to be an amount
equal to the basic
foundation allowance.
(C) (e) For a district that has
a foundation allowance that is not a whole
dollar amount, the district's foundation allowance shall be rounded up to the nearest
whole dollar.
(f) For a district that received a payment under
section 22c as that section
was in effect for 2001-2002, the district's 2001-2002
foundation allowance shall be
considered to have been an amount equal to the sum of the
district's actual 2001-2002
foundation allowance as otherwise calculated under this
section plus the per pupil
amount of the district's equity payment for 2001-2002 under
section 22c as that
section was in effect for 2001-2002.
(D) (g) For a district that received a
payment under section 22c as that
section was in effect for 2006-2007 2013-2014, the district's 2013-2014 foundation
allowance shall be considered to have been an amount equal to the sum of the
district's actual 2006-2007 2013-2014 foundation allowance as otherwise calculated
under this section plus the per pupil amount of the district's equity payment for
2006-2007 2013-2014 under section 22c as that section
was in effect for 2006-2007
2013-2014.
(h) For 2012-2013, for a district that had a
foundation allowance for the 2011-
2012 state fiscal year of less than $6,966.00, the
district's foundation allowance is
an amount equal to $6,966.00.
(E) FOR 2014-2015, EACH DISTRICT’S FOUNDATION ALLOWANCE SHALL BE THE SUM OF THE
FOUNDATION ALLOWANCE OTHERWISE CALCULATED UNDER THIS SUBSECTION AND $55.00.
(4) Except as otherwise provided in this subsection, the state portion of a
district's foundation allowance is an amount equal to the district's foundation
allowance or the basic foundation allowance for the current state fiscal year,
whichever is less, minus the difference between the sum
of the product of the taxable
value per membership pupil of all property in the district
that is nonexempt property
times the district's certified mills and, for a district
with certified mills
exceeding 12, the product of the taxable value per
membership pupil of property in the
district that is commercial personal property times the
certified mills minus 12 mills
and the quotient of the ad valorem property tax revenue of
the district captured under
tax increment financing acts LOCAL
PORTION OF THE DISTRICT’S FOUNDATION ALLOWANCE
divided by the district's membership excluding special education pupils. For a
district described in subsection (3)(c) THAT IN THE 1994-95 STATE FISCAL YEAR HAD A
FOUNDATION ALLOWANCE GREAT THAN $6,500.00, the state portion of the district's
foundation allowance is an amount equal to $6,962.00 plus the difference between the
district's foundation allowance for the current state fiscal year and the district's
foundation allowance for 1998-99, minus the difference
between the sum of the product
of the taxable value per membership pupil of all property
in the district that is
nonexempt property times the district's certified mills
and, for a district with
certified mills exceeding 12, the product of the taxable
value per membership pupil of
property in the district that is commercial personal
property times the certified
mills minus 12 mills and the quotient of the ad valorem
property tax revenue of the
district captured under tax increment financing acts LOCAL
PORTION OF THE DISTRICT’S
FOUNDATION ALLOWANCE divided by the district's membership excluding special education
pupils. For a district that has a millage reduction required under section 31 of
article IX of the state constitution of 1963, the state portion of the district's
foundation allowance shall be calculated as if that reduction did not occur. For a
receiving district, if school operating taxes continue to be levied on behalf of a
dissolved district that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, the taxable value per membership pupil of property in
the receiving district used for the purposes of this
subsection , does not include
the taxable value of property within the geographic area of the dissolved district.
(5) The allocation calculated under this section for a pupil shall be based on
the foundation allowance of the pupil's district of residence. For a pupil enrolled
pursuant to section 105 or 105c in a district other than the pupil's district of
residence, the allocation calculated under this section shall be based on the lesser
of the foundation allowance of the pupil's district of residence or the foundation
allowance of the educating district. For a pupil in membership in a K-5, K-6, or K-8
district who is enrolled in another district in a grade not offered by the pupil's
district of residence, the allocation calculated under this section shall be based on
the foundation allowance of the educating district if the educating district's
foundation allowance is greater than the foundation allowance of the pupil's district
of residence.
(6) Except as otherwise provided in this subsection, for pupils in membership,
other than special education pupils, in a public school academy, the allocation
calculated under this section is an amount per membership pupil other than special
education pupils in the public school academy equal to the foundation allowance of the
district in which the public school academy is located or the state maximum public
school academy allocation, whichever is less. However, a public school academy that
had an allocation under this subsection before 2009-2010 that was equal to the sum of
the local school operating revenue per membership pupil other than special education
pupils for the district in which the public school academy is located and the state
portion of that district's foundation allowance shall not have that allocation reduced
as a result of the 2010 amendment to this subsection. Notwithstanding section 101, for
a public school academy that begins operations after the pupil membership count day,
the amount per membership pupil calculated under this subsection shall be adjusted by
multiplying that amount per membership pupil by the number of hours of pupil
instruction provided by the public school academy after it begins operations, as
determined by the department, divided by the minimum number of hours of pupil
instruction required under section 101(3). The result of this calculation shall not
exceed the amount per membership pupil otherwise calculated under this subsection.
(7) Except as otherwise provided in this subsection, for pupils attending an
achievement school and in membership in the education achievement system, other than
special education pupils, the allocation calculated under this section is an amount
per membership pupil other than special education pupils equal to the foundation
allowance of the district in which the achievement school is located, not to exceed
the basic foundation allowance. Notwithstanding section 101, for an achievement school
that begins operation after the pupil membership count day, the amount per membership
pupil calculated under this subsection shall be adjusted by multiplying that amount
per membership pupil by the number of hours of pupil instruction provided by the
achievement school after it begins operations, as determined by the department,
divided by the minimum number of hours of pupil instruction required under section
101(3). The result of this calculation shall not exceed the amount per membership
pupil otherwise calculated under this subsection. For the purposes of this subsection,
if a public school is transferred from a district to the state school reform/redesign
district or the achievement authority under section 1280c of the revised school code,
MCL 380.1280c, that public school is considered to be an achievement school within the
education achievement system and not a school that is part of a district, and a pupil
attending that public school is considered to be in membership in the education
achievement system and not in membership in the district that operated the school
before the transfer.
(8) Subject to subsection (4), for a district that is formed or reconfigured
after June 1, 2002 by consolidation of 2 or more districts or by annexation, the
resulting district's foundation allowance under this section beginning after the
effective date of the consolidation or annexation shall be the lesser of the sum of
the average of the foundation allowances of each of the original or affected
districts, calculated as provided in this section, weighted as to the percentage of
pupils in total membership in the resulting district who reside in the geographic area
of each of the original or affected districts plus $100.00 or the highest foundation
allowance among the original or affected districts. This subsection does not apply to
a receiving district unless there is a subsequent consolidation or annexation that
affects the district.
(9) Each fraction used in making calculations under this section shall be
rounded to the fourth decimal place and the dollar amount of an increase in the basic
foundation allowance shall be rounded to the nearest whole dollar.
(10) State payments related to payment of the foundation allowance for a
special education pupil are not calculated under this section but are instead
calculated under section 51a.
(11) To assist the legislature in determining the basic foundation allowance
for the subsequent state fiscal year, each revenue estimating conference conducted
under section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b, shall
calculate a pupil membership factor, a revenue adjustment factor, and an index as
follows:
(a) The pupil membership factor shall be computed by dividing the estimated
membership in the school year ending in the current state fiscal year, excluding
intermediate district membership, by the estimated membership for the school year
ending in the subsequent state fiscal year, excluding intermediate district
membership. If a consensus membership factor is not determined at the revenue
estimating conference, the principals of the revenue estimating conference shall
report their estimates to the house and senate subcommittees responsible for school
aid appropriations not later than 7 days after the conclusion of the revenue
conference.
(b) The revenue adjustment factor shall be computed by dividing the sum of the
estimated total state school aid fund revenue for the subsequent state fiscal year
plus the estimated total state school aid fund revenue for the current state fiscal
year, adjusted for any change in the rate or base of a tax the proceeds of which are
deposited in that fund and excluding money transferred into that fund from the
countercyclical budget and economic stabilization fund under the management and budget
act, 1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated total school aid
fund revenue for the current state fiscal year plus the estimated total state school
aid fund revenue for the immediately preceding state fiscal year, adjusted for any
change in the rate or base of a tax the proceeds of which are deposited in that fund.
If a consensus revenue factor is not determined at the revenue estimating conference,
the principals of the revenue estimating conference shall report their estimates to
the house and senate subcommittees responsible for school aid appropriations not later
than 7 days after the conclusion of the revenue conference.
(c) The index shall be calculated by multiplying the pupil membership factor by
the revenue adjustment factor. If a consensus index is not determined at the revenue
estimating conference, the principals of the revenue estimating conference shall
report their estimates to the house and senate subcommittees responsible for school
aid appropriations not later than 7 days after the conclusion of the revenue
conference.
(12) For a district that received a grant under
former section 32e for 2001-
2002, the district's foundation allowance for 2002-2003 and
each succeeding fiscal
year shall be adjusted to be an amount equal to the sum of
the district's foundation
allowance, as otherwise calculated under this section, plus
the quotient of 100% of
the amount of the grant award to the district for 2001-2002
under former section 32e
divided by the number of pupils in the district's
membership for 2001-2002 who were
residents of and enrolled in the district. All of the
following apply to districts
receiving a foundation allowance adjustment under this
subsection:
(a) Except as otherwise provided in this
subdivision, a district qualifying for
a foundation allowance adjustment under this subsection
shall use the funds resulting
from this adjustment for at least 1 of grades K to 3 for
purposes allowable under
former section 32e as in effect for 2001-2002. For an
individual school or schools
operated by a district qualifying for a foundation
allowance adjustment under this
subsection that have been determined by the department to
meet the adequate yearly
progress standards of the federal no child left behind act
of 2001, Public Law 107-
110, in both mathematics and English language arts at all
applicable grade levels for
all applicable subgroups, the district may submit to the
department an application for
flexibility in using the funds resulting from this
adjustment that are attributable to
the pupils in the school or schools. The application shall
identify the affected
school or schools and the affected funds and shall contain
a plan for using the funds
for specific purposes identified by the district that are
designed to reduce class
size, but that may be different from the purposes otherwise
allowable under this
subdivision. The department shall approve the application
if the department determines
that the purposes identified in the plan are reasonably
designed to reduce class size.
If the department does not act to approve or disapprove an
application within 30 days
after it is submitted to the department, the application is
considered to be approved.
If an application for flexibility in using the funds is
approved, the district may use
the funds identified in the application for any purpose identified
in the plan.
(b) A district receiving an adjustment under this
subsection shall not receive
as a result of this adjustment an amount that exceeds 68.5%
of the amount the district
received as a result of this adjustment for 2010-2011.
(c) Notwithstanding subsection (8), for a
district that is formed or
reconfigured by consolidation of 2 or more districts, 1 of
which received an
adjustment under this subsection for 2012-2013, the
resulting district's foundation
allowance for 2013-2014 and each succeeding fiscal year
shall be adjusted to be an
amount equal to the sum of the resulting district's
foundation allowance as calculated
under subsection (8) excluding any adjustment calculated
under this subsection plus
[(the original district's adjustment under this subsection
in 2012-2013 times the
number of pupils in the original district's membership for
2012-2013) divided by the
number of pupils in the resulting district's membership for
2013-2014].
(d) Beginning in 2013-2014, for a district that
received an adjustment for the
immediately preceding fiscal year and that had a foundation
allowance as adjusted by
this subsection for the immediately preceding fiscal year
equal to $6,966.00, the
district shall not receive an adjustment under this section
for the current fiscal
year.
(12) (13) Payments to districts,
public school academies, or the education
achievement system shall not be made under this section. Rather, the calculations
under this section shall be used to determine the amount of state payments under
section 22b.
(13) (14) If an amendment to
section 2 of article VIII of the state
constitution of 1963 allowing state aid to some or all nonpublic schools is approved
by the voters of this state, each foundation allowance or per pupil payment
calculation under this section may be reduced.
(14) (15) As used in this
section:
(a) "Certified mills" means the lesser of 18 mills or the number of mills of
school operating taxes levied by the district in 1993-94.
(b) "Combined state and local revenue" means the aggregate of the district's
state school aid received by or paid on behalf of the district under this section and
the district's local school operating revenue.
(c) "Combined state and local revenue per membership pupil" means the
district's combined state and local revenue divided by the district's membership
excluding special education pupils.
(d) "Current state fiscal year" means the state fiscal year for which a
particular calculation is made.
(e) "Dissolved district" means a district that loses its organization, has its
territory attached to 1 or more other districts, and is dissolved as provided under
section 12 of the revised school code, MCL 380.12.
(f) "Immediately preceding state fiscal year" means the state fiscal year
immediately preceding the current state fiscal year.
(G) "LOCAL PORTION OF THE DISTRICT’S FOUNDATION ALLOWANCE" MEANS AN AMOUNT THAT
IS EQUAL TO THE DIFFERENCE BETWEEN THE SUM OF THE PRODUCT OF THE TAXABLE VALUE PER
MEMBERSHIP PUPIL OF ALL PROPERTY IN THE DISTRICT THAT IS NONEXEMPT PROPERTY TIMES THE
DISTRICT’S CERTIFIED MILLS AND, FOR A DISTRICT WITH CERTIFIED MILLS EXCEEDING 12, THE
PRODUCT OF THE TAXABLE VALUE PER MEMBERSHIP PUPIL OF PROPERTY IN THE DISTRICT THAT IS
COMMERCIAL PERSONAL PROPERTY TIMES THE CERTIFIED MILLS MINUS 12 MILLS AND THE QUOTIENT
OF THE PRODUCT OF THE CAPTURED ASSESSED VALUATION UNDER TAX INCREMENT FINANCING ACTS
TIMES THE DISTRICT’S CERTIFIED MILLS DIVIDED BY THE DISTRICT’S MEMBERSHIP EXCLUDING
SPECIAL EDUCATION PUPILS.
(H) (g) "Local school
operating revenue" means school operating taxes levied
under section 1211 of the revised school code, MCL 380.1211. For a receiving district,
if school operating taxes are to be levied on behalf of a dissolved district that has
been attached in whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the revised school code, MCL
380.12, local school operating revenue does not include school operating taxes levied
within the geographic area of the dissolved district.
(I) (h) "Local school
operating revenue per membership pupil" means a
district's local school operating revenue divided by the district's membership
excluding special education pupils.
(J) (i) "Maximum public
school academy allocation", except as otherwise
provided in this subdivision, means the maximum per-pupil allocation as calculated by
adding the highest per-pupil allocation among all public school academies for the
immediately preceding state fiscal year plus the difference
between twice the dollar
amount of the adjustment from AMOUNT
OF THE DIFFERENCE BETWEEN THE BASIC FOUNDATION
ALLOWANCE FOR THE CURRENT STATE FISCAL YEAR AND THE BASIC FOUNDATION FOR the
immediately preceding state fiscal year to the current
state fiscal year made in the
basic foundation allowance and [(the dollar amount of the
adjustment from the AMOUNT
OF THE DIFFERENCE BETWEEN THE BASIC FOUNDATION ALLOWANCE FOR THE CURRENT STATE FISCAL
YEAR
AND THE BASIC FOUNDATION FOR THE immediately preceding state fiscal year to the
current state fiscal year made in the basic foundation
allowance minus $10.00
$8.00)
times (the difference between the highest per-pupil allocation among all public school
academies for the immediately preceding state fiscal year
and the sum of $7,108.00
plus the total dollar amount of all adjustments made from
2006-2007 to the immediately
preceding state fiscal year in the lowest per-pupil
allocation among all public school
academies MINIMUM FOUNDATION
ALLOWANCE FOR THE IMMEDIATELY PRECEDING STATE FISCAL
YEAR) divided by the difference between the basic foundation allowance for the current
state fiscal year and the sum of $7,108.00 plus the
total dollar amount of all
adjustments made from 2006-2007 to the immediately
preceding state fiscal year in the
lowest per-pupil allocation among all public school
academies MINIMUM FOUNDATION
ALLOWANCE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR].
(K) (j) "Membership"
means the definition of that term under section 6 as in
effect for the particular fiscal year for which a particular calculation is made.
(L) "MINIMUM FOUNDATION ALLOWANCE FOR THE IMMEDIATELY PRECEDING STATE FISCAL
YEAR," MEANS $7,076.00.
(M) (k) "Nonexempt
property" means property that is not a principal residence,
qualified agricultural property, qualified forest property, supportive housing
property, industrial personal property, or commercial personal property.
(N) (l) "Principal
residence", "qualified agricultural property", "qualified
forest property", "supportive housing property", "industrial personal property", and
"commercial personal property" mean those terms as defined in section 1211 of the
revised school code, MCL 380.1211.
(O) (m) "Receiving
district" means a district to which all or part of the
territory of a dissolved district is attached under section 12 of the revised school
code, MCL 380.12.
(P) (n) "School operating
purposes" means the purposes included in the
operation costs of the district as prescribed in sections 7 and 18 and purposes
authorized under section 1211 of the revised school code, MCL 380.1211.
(Q) (o) "School operating
taxes" means local ad valorem property taxes levied
under section 1211 of the revised school code, MCL 380.1211, and retained for school
operating purposes.
(R) (p) "Tax increment
financing acts" means 1975 PA 197, MCL 125.1651 to
125.1681, the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to
125.1830, the local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174,
the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, or
the corridor improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899.
(S) (q) "Taxable value per
membership pupil" means taxable value, as certified
by the department of treasury COUNTY TREASURER AND REPORTED TO THE DEPARTMENT, for the
calendar year ending in the current state fiscal year divided by the district's
membership excluding special education pupils for the school year ending in the
current state fiscal year.
Sec. 20d. In making the final determination required under former section 20a
of a district's combined state and local revenue per membership pupil in 1993-94 and
in making calculations under section 20 for 2013-2014
2014-2015, the department and
the department of treasury shall comply with all of the following:
(a) For a district that had combined state local revenue per membership pupil
in the 1994-95 state fiscal year of $6,500.00 or more and served as a fiscal agent for
a state board designated area vocational education center in the 1993-94 school year,
total state school aid received by or paid on behalf of the district pursuant to this
act in 1993-94 shall exclude payments made under former section 146 and under section
147 on behalf of the district's employees who provided direct services to the area
vocational education center. Not later than June 30, 1996, the department shall make
an adjustment under this subdivision to the district's combined state and local
revenue per membership pupil in the 1994-95 state fiscal year and the department of
treasury shall make a final certification of the number of mills that may be levied by
the district under section 1211 of the revised school code, MCL 380.1211, as a result
of the adjustment under this subdivision.
(b) If a district had an adjustment made to its 1993-94 total state school aid
that excluded payments made under former section 146 and under section 147 on behalf
of the district's employees who provided direct services for intermediate district
center programs operated by the district under article 5, if nonresident pupils
attending the center programs were included in the district's membership for purposes
of calculating the combined state and local revenue per membership pupil for 1993-94,
and if there is a signed agreement by all constituent districts of the intermediate
district that an adjustment under this subdivision shall be made, the foundation
allowances for 1995-96 and 1996-97 of all districts that had pupils attending the
intermediate district center program operated by the district that had the adjustment
shall be calculated as if their combined state and local revenue per membership pupil
for 1993-94 included resident pupils attending the center program and excluded
nonresident pupils attending the center program.
Sec. 20f. (1) From the funds appropriated in section 11, there is allocated an
amount not to exceed $6,000,000.00 for 2013-2014 2014-2015 for payments to eligible
districts under this section. A district is eligible for funding under this section if
the sum of the following is less than $5.00:
(a) The increase in the district's foundation
allowance or per pupil payment as
calculated under section 20 from 2012-2013 to 2013-2014.
(b) The district's equity payment per membership
pupil under section 22c.
(c) The quotient of the district's allocation under
section 147a for 2012-2013
divided by the district's membership pupils for 2012-2013
minus the quotient of the
district's allocation under section 147a for 2013-2014
divided by the district's
membership pupils for 2013-2014 DISTRICT
RECEIVED A PAYMENT UNDER THIS SECTION AS IT
WAS IN EFFECT FOR 2013-2014.
(2) The amount allocated to each eligible district under this section is an
amount per membership pupil equal to $5.00 minus the sum
of the following:
(a) The increase in the district's foundation
allowance or per pupil payment as
calculated under section 20 from 2012-2013 to 2013-2014.
(b) The district's equity payment per membership
pupil under section 22c.
(c) The quotient of the district's allocation under
section 147a for 2012-2013
divided by the district's membership pupils for 2012-2013
minus the quotient of the
district's allocation under section 147a for 2013-2014
divided by the district's
membership pupils for 2013-2014 THE
AMOUNT PER MEMBERSHIP PUPIL THE DISTRICT RECEIVED
IN 2013-2014.
(3) IF THE ALLOCATION UNDER SUBSECTION (1) IS INSUFFICIENT TO FULLY FUND
PAYMENTS AS OTHERWISE CALCULATED UNDER THIS SECTION, THE DEPARTMENT SHALL PRORATE
PAYMENTS UNDER THIS SECTION ON AN EQUAL PER-PUPIL BASIS.
Sec. 20g. (1) From the general fund money FUNDS appropriated under section 11,
there is allocated an amount not to exceed $2,200,000.00
for 2013-2014 2014-2015 for
grants to eligible districts for transition costs related to the enrollment of pupils
who were previously enrolled in a district that was dissolved under section 12 of the
revised school code, MCL 380.12 AND FIRST RECEIVED PAYMENTS UNDER THIS SECTION IN
2013-2014. It is the intent of the
legislature to continue this transition funding
FUNDING UNDER THIS SECTION WILL CONTINUE for a total of 4 fiscal years following the
dissolution of a district, AT WHICH TIME PAYMENTS WILL CEASE.
(2) A receiving school district, as that term is defined in section 12 of the
revised school code, MCL 380.12, is an eligible district under this section.
(3) The amount allocated to each eligible district under this section is an
amount equal to the product of the number of membership pupils enrolled in the
eligible district who were previously enrolled in the dissolved district in the school
year immediately preceding the dissolution, or who reside in the geographic area of
the dissolved district and are entering kindergarten, times 10.0% of the lesser of the
foundation allowance of the eligible district as calculated under section 20 or the
basic foundation allowance under section 20(1).
Sec. 21f. (1) A pupil enrolled in a district in any
of grades 5 7 to 12 is
eligible to enroll in an online course as provided for in
this section. However, this
section does not apply to a pupil enrolled in a school of
excellence that is a cyber
school, as defined in section 551 of the revised school
code, MCL 380.551.
(2) With the consent of the pupil's parent or legal guardian, a district shall
enroll an eligible pupil in up to 2 online courses as DEFINED IN THIS SECTION AND
requested by the pupil during an academic term, semester,
or trimester. It is the
intent of the legislature to consider increasing the limit
on the number of online
courses that a pupil may enroll in beginning in 2014-2015
for pupils who have
demonstrated previous success with online courses. A district may not establish
additional requirements which would prohibit a pupil from taking an online course. IF
A PUPIL HAS DEMONSTRATED PREVIOUS SUCCESS WITH ONLINE COURSES AND THE SCHOOL
LEADERSHIP AND THE PUPIL'S PARENT OR GUARDIAN DETERMINE THAT IT IS IN THE BEST
INTEREST OF THE PUPIL, A PUPIL MAY BE ENROLLED IN MORE THAN 2 ONLINE COURSES IN A
SPECIFIC ACADEMIC TERM, SEMESTER, OR TRIMESTER. Consent of the pupil's parent or legal
guardian is not required if the pupil is at least age 18 or is an emancipated minor.
(3) An eligible pupil may enroll in an online course published in the pupil's
educating district's catalog of online courses described in subsection (7)(a) or the
statewide catalog of online courses maintained by the Michigan virtual university
pursuant to section 98.
(4) A district shall determine whether or not it has capacity to accept
applications for enrollment from nonresident applicants in online courses and may use
that limit as the reason for refusal to enroll an applicant. If the number of
nonresident applicants eligible for acceptance in an online course does not exceed the
capacity of the district to provide the online course, the district shall accept for
enrollment all of the nonresident applicants eligible for acceptance. If the number of
nonresident applicants exceeds the district's capacity to provide the online course,
the district shall use a random draw system, subject to the need to abide by state and
federal antidiscrimination laws and court orders.
(5) A district may deny a pupil enrollment in an online course if any of the
following apply, as determined by the district:
(a) The pupil has previously gained the credits provided from the completion of
the online course.
(b) The online course is not capable of generating academic credit.
(c) The online course is inconsistent with the remaining graduation
requirements or career interests of the pupil.
(d) The pupil does not possess the prerequisite knowledge and skills to be
successful in the online course or has demonstrated failure in previous online
coursework in the same subject.
(e) The online course is of insufficient quality or rigor. A district that
denies a pupil enrollment for this reason shall make a reasonable effort to assist the
pupil to find an alternative course in the same or a similar subject that is of
acceptable rigor and quality.
(f) If the cost of the online course exceeds the amount identified in
SUBSECTION (8).
(G) the online course enrollment request does not occur within the same
timelines established by the district for face-to-face enrollment and schedule
changes.
(6) If a pupil is denied enrollment in an online course by a district, the
pupil may appeal the denial by submitting a letter to the superintendent of the
intermediate district in which the pupil's educating district is located. The letter
of appeal shall include the reason provided by the district for not enrolling the
pupil and the reason why the pupil is claiming that the enrollment should be approved.
The intermediate district superintendent or designee shall respond to the appeal
within 5 days after it is received. If the intermediate district superintendent or
designee determines that the denial of enrollment does not meet 1 or more of the
reasons specified in subsection (5), the district shall allow the pupil to enroll in
the online course.
(7) To offer or provide an online course UNDER THIS SECTION, a district OR
INTERMEDIATE DISTRICT shall do all of the following:
(a) Provide the Michigan virtual university with the course syllabus in a form
and method prescribed by the Michigan virtual university for inclusion in a statewide
online course catalog. The district OR INTERMEDIATE DISTRICT shall also provide on its
publicly accessible website a link to the course syllabi for all of the online courses
offered by the district OR INTERMEDIATE DISTRICT and a link to the statewide catalog
of online courses maintained by the Michigan virtual university.
(b) Offer the online course on an open entry and exit method, or aligned to a
semester, trimester, or accelerated academic term format.
(c) Not later than OCTOBER 1, 2014, provide the Michigan virtual university with
the number of enrollments in each online course the district OR INTERMEDIATE DISTRICT
offered to pupils PURSUANT TO THIS SECTION in the prior school year, and The number of
enrollments that earned 60 percent or More of the total course points for each online
course.
(8) For a pupil enrolled in 1 or more online courses published in the pupil's
educating district's catalog of online courses under subsection (7) or in the
statewide catalog of online courses maintained by the Michigan virtual university, the
district shall use foundation allowance or per pupil funds calculated under section 20
to pay for the expenses associated with the online course
or courses. The district
shall pay 80% of the cost of the online course upon
enrollment and 20% upon completion
as determined by the district. A district is not required to pay
toward the cost of an
online course an amount that exceeds 1/12 6.25% of the district's MINIMUM foundation
allowance or per pupil payment FOR THE CURRENT FISCAL YEAR as calculated under section
20 per semester or an amount that exceeds 1/18 of the
district's foundation allowance
or per pupil payment as calculated under section 20 per
trimester.
(9) An online learning pupil shall have the same rights and access to
technology in his or her PRIMARY educating district's school facilities as all other
pupils enrolled in the PRIMARY educating district.
(10) If a pupil successfully completes an online course, as determined by the
PRIMARY district, the pupil's PRIMARY district shall grant appropriate academic credit
for completion of the course and shall count that credit toward completion of
graduation and subject area requirements. A pupil's school record and transcript shall
identify the online course title as it appears in the online course syllabus.
(11) The enrollment of a pupil in 1 or more online courses shall not result in
a pupil being counted as more than 1.0 full-time equivalent
pupils under this act
ARTICLE.
(12) As used in this section:
(a) "Online course" means a course of study that is capable of generating a
credit or a grade, that is provided in an interactive internet-connected learning
environment, in which pupils are separated from their teachers by time or location, or
both, and in which a teacher who holds a valid Michigan teaching certificate is
responsible for determining appropriate instructional methods for each pupil,
diagnosing learning needs, assessing pupil learning, prescribing intervention
strategies, reporting outcomes, and evaluating the effects of instruction and support
strategies.
(b) "Online course syllabus" means a document that includes all of the
following:
(i) The state academic standards addressed in an online course.
(ii) The online course content outline.
(iii) The online course required assessments.
(iv) The online course prerequisites.
(v) Expectations for actual instructor contact time with the online learning
pupil and other pupil-to-instructor communications.
(vi) Academic support available to the online learning pupil.
(vii) The online course learning outcomes and objectives.
(viii) The name of the institution or organization providing the online
content.
(ix) The name of the institution or organization providing the online
instructor.
(x) The course titles assigned by the district OR INTERMEDIATE DISTRICT and the
course titles and course codes from the national center for education statistics
(NCES) school codes for the exchange of data (SCED).
(xi) The number of eligible nonresident pupils that will be accepted by the
district OR INTERMEDIATE DISTRICT in the online course.
(xii) The results of the online course quality review using the guidelines and
model review process published by the Michigan virtual university.
(c) "Online learning pupil" means a pupil enrolled in 1 or more online courses.
(D) "PRIMARY DISTRICT" MEANS THE DISTRICT THAT ENROLLS THE PUPIL AND REPORTS
THE FTE FOR PUPIL MEMBERSHIP PURPOSES.
Sec. 22a. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $5,630,000,000.00 for 2012-2013 and
there is allocated an amount
not to exceed $5,536,700,000.00 $5,403,000,000.00 for 2013-2014 2014-2015 for payments
to districts and qualifying public school academies to guarantee each district and
qualifying public school academy an amount equal to its 1994-95 total state and local
per pupil revenue for school operating purposes under section 11 of article IX of the
state constitution of 1963. Pursuant to section 11 of article IX of the state
constitution of 1963, this guarantee does not apply to a district in a year in which
the district levies a millage rate for school district operating purposes less than it
levied in 1994. However, subsection (2) applies to calculating the payments under this
section. Funds allocated under this section that are not expended in the state fiscal
year for which they were allocated, as determined by the department, may be used to
supplement the allocations under sections 22b and 51c in order to fully fund those
calculated allocations for the same fiscal year.
(2) To ensure that a district receives an amount equal to the district's 1994-
95 total state and local per pupil revenue for school operating purposes, there is
allocated to each district a state portion of the district's 1994-95 foundation
allowance in an amount calculated as follows:
(a) Except as otherwise provided in this subsection, the state portion of a
district's 1994-95 foundation allowance is an amount equal to the district's 1994-95
foundation allowance or $6,500.00, whichever is less, minus the difference between the
sum of the product of the taxable value per membership pupil of all property in the
district that is nonexempt property times the district's certified mills and, for a
district with certified mills exceeding 12, the product of the taxable value per
membership pupil of property in the district that is commercial personal property
times the certified mills minus 12 mills and the quotient of the ad valorem property
tax revenue of the district captured under tax increment financing acts divided by the
district's membership. For a district that has a millage reduction required under
section 31 of article IX of the state constitution of 1963, the state portion of the
district's foundation allowance shall be calculated as if that reduction did not
occur. For a receiving district, if school operating taxes are to be levied on behalf
of a dissolved district that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, taxable value per membership pupil of all property in
the receiving district that is nonexempt property and taxable value per membership
pupil of property in the receiving district that is commercial personal property do
not include property within the geographic area of the dissolved district; ad valorem
property tax revenue of the receiving district captured under tax increment financing
acts does not include ad valorem property tax revenue captured within the geographic
boundaries of the dissolved district under tax increment financing acts; and certified
mills do not include the certified mills of the dissolved district.
(b) For a district that had a 1994-95 foundation allowance greater than
$6,500.00, the state payment under this subsection shall be the sum of the amount
calculated under subdivision (a) plus the amount calculated under this subdivision.
The amount calculated under this subdivision shall be equal to the difference between
the district's 1994-95 foundation allowance minus $6,500.00 and the current year hold
harmless school operating taxes per pupil. If the result of the calculation under
subdivision (a) is negative, the negative amount shall be an offset against any state
payment calculated under this subdivision. If the result of a calculation under this
subdivision is negative, there shall not be a state payment or a deduction under this
subdivision. The taxable values per membership pupil used in the calculations under
this subdivision are as adjusted by ad valorem property tax revenue captured under tax
increment financing acts divided by the district's membership. For a receiving
district, if school operating taxes are to be levied on behalf of a dissolved district
that has been attached in whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the revised school code, MCL
380.12, ad valorem property tax revenue captured under tax increment financing acts do
not include ad valorem property tax revenue captured within the geographic boundaries
of the dissolved district under tax increment financing acts.
(3) Beginning in 2003-2004, for pupils in membership in a qualifying public
school academy, there is allocated under this section to the authorizing body that is
the fiscal agent for the qualifying public school academy for forwarding to the
qualifying public school academy an amount equal to the 1994-95 per pupil payment to
the qualifying public school academy under section 20.
(4) A district or qualifying public school academy may use funds allocated
under this section in conjunction with any federal funds for which the district or
qualifying public school academy otherwise would be eligible.
(5) Except as otherwise provided in this subsection, for a district that is
formed or reconfigured after June 1, 2000 by consolidation of 2 or more districts or
by annexation, the resulting district's 1994-95 foundation allowance under this
section beginning after the effective date of the consolidation or annexation shall be
the average of the 1994-95 foundation allowances of each of the original or affected
districts, calculated as provided in this section, weighted as to the percentage of
pupils in total membership in the resulting district in the state fiscal year in which
the consolidation takes place who reside in the geographic area of each of the
original districts. If an affected district's 1994-95 foundation allowance is less
than the 1994-95 basic foundation allowance, the amount of that district's 1994-95
foundation allowance shall be considered for the purpose of calculations under this
subsection to be equal to the amount of the 1994-95 basic foundation allowance. This
subsection does not apply to a receiving district unless there is a subsequent
consolidation or annexation that affects the district.
(6) As used in this section:
(a) "1994-95 foundation allowance" means a district's 1994-95 foundation
allowance calculated and certified by the department of treasury or the superintendent
under former section 20a as enacted in 1993 PA 336 and as amended by 1994 PA 283.
(b) "Certified mills" means the lesser of 18 mills or the number of mills of
school operating taxes levied by the district in 1993-94.
(c) "Current state fiscal year" means the state fiscal year for which a
particular calculation is made.
(d) "Current year hold harmless school operating taxes per pupil" means the per
pupil revenue generated by multiplying a district's 1994-95 hold harmless millage by
the district's current year taxable value per membership pupil. For a receiving
district, if school operating taxes are to be levied on behalf of a dissolved district
that has been attached in whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the revised school code, MCL
380.12, taxable value per membership pupil does not include the taxable value of
property within the geographic area of the dissolved district.
(e) "Dissolved district" means a district that loses its organization, has its
territory attached to 1 or more other districts, and is dissolved as provided under
section 12 of the revised school code, MCL 380.12.
(f) "Hold harmless millage" means, for a district with a 1994-95 foundation
allowance greater than $6,500.00, the number of mills by which the exemption from the
levy of school operating taxes on a homestead, qualified agricultural property,
qualified forest property, supportive housing property, industrial personal property,
and commercial personal property could be reduced as provided in section 1211 of the
revised school code, MCL 380.1211, and the number of mills of school operating taxes
that could be levied on all property as provided in section 1211(2) of the revised
school code, MCL 380.1211, as certified by the department of treasury for the 1994 tax
year. For a receiving district, if school operating taxes are to be levied on behalf
of a dissolved district that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, school operating taxes do not include school
operating taxes levied within the geographic area of the dissolved district.
(g) "Homestead", "qualified agricultural property", "qualified forest
property", "supportive housing property", "industrial personal property", and
"commercial personal property" mean those terms as defined in section 1211 of the
revised school code, MCL 380.1211.
(h) "Membership" means the definition of that term under section 6 as in effect
for the particular fiscal year for which a particular calculation is made.
(i) "Nonexempt property" means property that is not a principal residence,
qualified agricultural property, qualified forest property, supportive housing
property, industrial personal property, or commercial personal property.
(j) "Qualifying public school academy" means a public school academy that was
in operation in the 1994-95 school year and is in operation in the current state
fiscal year.
(k) "Receiving district" means a district to which all or part of the territory
of a dissolved district is attached under section 12 of the revised school code, MCL
380.12.
(l) "School operating taxes" means local ad valorem property taxes levied under
section 1211 of the revised school code, MCL 380.1211, and retained for school
operating purposes as defined in section 20.
(m) "Tax increment financing acts" means 1975 PA 197, MCL 125.1651 to 125.1681,
the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the
local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, or the corridor
improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899.
(n) "Taxable value per membership pupil" means each of the following divided by
the district's membership:
(i) For the number of mills by which the exemption from the levy of school
operating taxes on a homestead, qualified agricultural property, qualified forest
property, supportive housing property, industrial personal property, and commercial
personal property may be reduced as provided in section 1211 of the revised school
code, MCL 380.1211, the taxable value of homestead, qualified agricultural property,
qualified forest property, supportive housing property, industrial personal property,
and commercial personal property for the calendar year ending in the current state
fiscal year. For a receiving district, if school operating taxes are to be levied on
behalf of a dissolved district that has been attached in whole or in part to the
receiving district to satisfy debt obligations of the dissolved district under section
12 of the revised school code, MCL 380.12, mills do not include mills within the
geographic area of the dissolved district.
(ii) For the number of mills of school operating taxes that may be levied on
all property as provided in section 1211(2) of the revised school code, MCL 380.1211,
the taxable value of all property for the calendar year ending in the current state
fiscal year. For a receiving district, if school operating taxes are to be levied on
behalf of a dissolved district that has been attached in whole or in part to the
receiving district to satisfy debt obligations of the dissolved district under section
12 of the revised school code, MCL 380.12, school operating taxes do not include
school operating taxes levied within the geographic area of the dissolved district.
Sec. 22b. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $3,215,000,000.00 for 2012-2013 and
there is allocated an amount
not to exceed $3,373,700,000.00 $3,578,000,000.00 for 2013-2014 2014-2015 for
discretionary nonmandated payments to districts under this section. Funds allocated
under this section that are not expended in the state fiscal year for which they were
allocated, as determined by the department, may be used to supplement the allocations
under sections 22a and 51c in order to fully fund those calculated allocations for the
same fiscal year.
(2) Subject to subsection (3) and section 296, the allocation to a district
under this section shall be an amount equal to the sum of the amounts calculated under
sections 20, 51a(2), 51a(3), and 51a(11), minus the sum of the allocations to the
district under sections 22a and 51c.
(3) In order to receive an allocation under subsection (1), each district shall
do all of the following:
(a) Comply with section 1280b of the revised school code, MCL 380.1280b.
(b) Comply with sections 1278a and 1278b of the revised school code, MCL
380.1278a and 380.1278b.
(c) Furnish data and other information required by state and federal law to the
center and the department in the form and manner specified by the center or the
department, as applicable.
(d) Comply with section 1230g of the revised school code, MCL 380.1230g.
(e) Comply with section 21f.
(4) Districts are encouraged to use funds allocated under this section for the
purchase and support of payroll, human resources, and other business function software
that is compatible with that of the intermediate district in which the district is
located and with other districts located within that intermediate district.
(5) From the allocation in subsection (1), the department shall pay up to
$1,000,000.00 in litigation costs incurred by this state related to commercial or
industrial property tax appeals, including, but not limited to, appeals of
classification, that impact revenues dedicated to the state school aid fund.
(6) From the allocation in subsection (1), the department shall pay up to
$1,000,000.00 in litigation costs incurred by this state associated with lawsuits
filed by 1 or more districts or intermediate districts against this state. If the
allocation under this section is insufficient to fully fund all payments required
under this section, the payments under this subsection shall be made in full before
any proration of remaining payments under this section.
(7) It is the intent of the legislature that all constitutional obligations of
this state have been fully funded under sections 22a, 31d, 51a, 51c, and 152a. If a
claim is made by an entity receiving funds under this article that challenges the
legislative determination of the adequacy of this funding or alleges that there exists
an unfunded constitutional requirement, the state budget director may escrow or
allocate from the discretionary funds for nonmandated payments under this section the
amount as may be necessary to satisfy the claim before making any payments to
districts under subsection (2). If funds are escrowed, the escrowed funds are a work
project appropriation and the funds are carried forward into the following fiscal
year. The purpose of the work project is to provide for any payments that may be
awarded to districts as a result of litigation. The work project shall be completed
upon resolution of the litigation.
(8) If the local claims review board or a court of competent jurisdiction makes
a final determination that this state is in violation of section 29 of article IX of
the state constitution of 1963 regarding state payments to districts, the state budget
director shall use work project funds under subsection (7) or allocate from the
discretionary funds for nonmandated payments under this section the amount as may be
necessary to satisfy the amount owed to districts before making any payments to
districts under subsection (2).
(9) If a claim is made in court that challenges the legislative determination
of the adequacy of funding for this state's constitutional obligations or alleges that
there exists an unfunded constitutional requirement, any interested party may seek an
expedited review of the claim by the local claims review board. If the claim exceeds
$10,000,000.00, this state may remove the action to the court of appeals, and the
court of appeals shall have and shall exercise jurisdiction over the claim.
(10) If payments resulting from a final determination by the local claims
review board or a court of competent jurisdiction that there has been a violation of
section 29 of article IX of the state constitution of 1963 exceed the amount allocated
for discretionary nonmandated payments under this section, the legislature shall
provide for adequate funding for this state's constitutional obligations at its next
legislative session.
(11) If a lawsuit challenging payments made to districts related to costs
reimbursed by federal title XIX medicaid funds is filed against this state, then, for
the purpose of addressing potential liability under such a lawsuit, the state budget
director may place funds allocated under this section in escrow or allocate money from
the funds otherwise allocated under this section, up to a maximum of 50% of the amount
allocated in subsection (1). If funds are placed in escrow under this subsection,
those funds are a work project appropriation and the funds are carried forward into
the following fiscal year. The purpose of the work project is to provide for any
payments that may be awarded to districts as a result of the litigation. The work
project shall be completed upon resolution of the litigation. In addition, this state
reserves the right to terminate future federal title XIX medicaid reimbursement
payments to districts if the amount or allocation of reimbursed funds is challenged in
the lawsuit. As used in this subsection, "title XIX" means title XIX of the social
security act, 42 USC 1396 to 1396v.
Sec. 22d. (1) From the appropriation in section 11, an amount not to exceed
$2,584,600.00 is allocated for 2013-2014 2014-2015 for supplemental payments to rural
districts under this section.
(2) From the allocation under subsection (1), there
is allocated for 2013-2014
2014-2015 an amount not to exceed $957,300.00 for payments under this subsection to
districts that meet all of the following:
(a) Operates grades K to 12.
(b) Has fewer than 250 pupils in membership.
(c) Each school building operated by the district meets at least 1 of the
following:
(i) Is located in the Upper Peninsula at least 30 miles from any other public
school building.
(ii) Is located on an island that is not accessible by bridge.
(3) The amount of the additional funding to each eligible district under
subsection (2) shall be determined under a spending plan developed as provided in this
subsection and approved by the superintendent of public instruction. The spending plan
shall be developed cooperatively by the intermediate superintendents of each
intermediate district in which an eligible district is located. The intermediate
superintendents shall review the financial situation of each eligible district,
determine the minimum essential financial needs of each eligible district, and develop
and agree on a spending plan that distributes the available funding under subsection
(2) to the eligible districts based on those financial needs. The intermediate
superintendents shall submit the spending plan to the superintendent of public
instruction for approval. Upon approval by the superintendent of public instruction,
the amounts specified for each eligible district under the spending plan are allocated
under subsection (2) and shall be paid to the eligible districts in the same manner as
payments under section 22b.
(4) Subject to subsection (6), from the allocation in subsection (1), there is
allocated for 2013-2014 2014-2015 an amount not to exceed $1,627,300.00 for payments
under this subsection to districts that meet all of the following:
(a) The district has 5.0 or fewer pupils per square mile as determined by the
department.
(b) The district has a total square mileage greater than 200.0 or is 1 of 2
districts that have consolidated transportation services and have a combined total
square mileage greater than 200.0.
(5) The funds allocated under subsection (4) shall be allocated on an equal per
pupil basis.
(6) A district receiving funds allocated under subsection (2) is not eligible
for funding allocated under subsection (4).
Sec. 22f. (1) From the appropriation in section 11, there is allocated for
2013-2014 2014-2015 an amount not to exceed
$80,000,000.00 to provide incentive
payments to districts that meet best practices under this section. Payments received
under this section may be used for any purpose for which payments under sections 22a
and 22b may be used.
(2) The amount of the incentive payment under this section is an amount equal
to $52.00 per pupil. A district shall receive an incentive payment under this section
if the district satisfies at least 7 of the following requirements not later than June
1, 2014 2015:
(a) If a district provides medical, pharmacy, dental, vision, disability, long-
term care, or any other type of benefit that would constitute a health care services
benefit, to employees and their dependents, the district is the policyholder for each
of its insurance policies that covers 1 or more of these benefits. A district that
does not directly employ its staff or a district with a voluntary employee beneficiary
association that pays no more than the maximum per employee contribution amount and
that contributes no more than the maximum employer contribution percentage of total
annual costs for the medical benefit plans as described in sections 3 and 4 of the
publicly funded health insurance contribution act, 2011 PA 152, MCL 15.563 and 15.564,
is considered to have satisfied this requirement.
(b) The district has obtained competitive bids on the provision of pupil
transportation, food service, custodial, or 1 or more other noninstructional services
for 2013-2014 2014-2015. In comparing competitive bids to
the current costs of
providing 1 or more of these services, a district shall exclude the unfunded accrued
liability costs for retirement and other benefits from the district's current costs.
(c) The district accepts applications for enrollment by nonresident applicants
under section 105 or 105c. A public school academy is considered to have met this
requirement.
(d) The district monitors individual pupil academic growth in each subject area
at least twice during the school year using competency-based online assessments and
reports those results to the pupil and his or her parent or guardian, or provides the
department with a plan and is able to show progress toward developing the technology
infrastructure necessary for the implementation of pupil academic growth assessments
by 2014-2015.
(e) The district supports opportunities for pupils to receive postsecondary
credit while attending secondary school, by doing at least 1 of the following, and
makes all eligible pupils and their parents or guardians aware of these opportunities:
(i) Supports attendance of district pupils under the postsecondary enrollment
options act, MCL 388.511 to 388.524, or under the career and technical preparation
act, MCL 388.1901 to 388.1913, consistent with provisions under section 21b.
(ii) Offers college-level equivalent courses, as defined in section 1471 of the
revised school code, MCL 380.1471.
(iii) Participates in a middle college. For the purposes of this subparagraph,
"middle college" means a series of courses and other requirements and conditions that
allow a pupil to graduate with a high school diploma and a certificate or degree from
a community college or state public university.
(iv) Provides other opportunities to pupils that allow those pupils to graduate
with a high school diploma and also complete coursework that a postsecondary
institution normally applies toward satisfaction of degree requirements.
(v) If a district does not offer any high school grades, the district informs
all pupils and parents of the opportunities that are available for postsecondary
options during high school.
(f) The district offers online courses or blended learning opportunities to all
eligible pupils. In order to satisfy this requirement, a district must make all
eligible pupils and their parents or guardians aware of these opportunities and must
publish an online course syllabus as described in section 21f for each online course
that the district offers. For the purposes of this subdivision:
(i) "Blended learning" means a hybrid instructional delivery model where pupils
are provided content, instruction, and assessment in part at a supervised educational
facility away from home where the pupil and a teacher with a valid Michigan teaching
certificate are in the same physical location and in part through internet-connected
learning environments with some degree of pupil control over time, location, and pace
of instruction.
(ii) "Online course" means a course of study that is capable of generating a
credit or a grade, that is provided in an interactive internet-connected learning
environment, in which pupils are separated from their teachers by time or location, or
both, and in which a teacher with a valid Michigan teaching certificate is responsible
for determining appropriate instructional methods for each pupil, diagnosing learning
needs, assessing pupil learning, prescribing intervention strategies, reporting
outcomes, and evaluating the effects of instruction and support strategies.
(g) The district provides to parents and community members a dashboard or
report card demonstrating the district's efforts to manage its finances responsibly.
The dashboard or report card shall include revenue and expenditure projections for the
district for fiscal year 2013-2014 and fiscal year
2014-2015 AND FISCAL YEAR 2015-
2016, a listing of all debt service obligations, detailed by project, including
anticipated fiscal year 2013-2014 2014-2015 payment for each project, a listing of
total outstanding debt, and at least all of the following for the 3 most recent school
years for which the data are available:
(i) Graduation and dropout rates.
(ii) Average class size in grades kindergarten to 3.
(iii) College readiness as measured by Michigan merit examination test scores.
(iv) Elementary and middle school MEAP scores.
(v) Teacher, principal, and superintendent salary information including at
least minimum, average, and maximum pay levels.
(vi) General fund balance.
(vii) The total number of days of instruction provided.
(h) The district provides physical education or provides health education.
(3) If the department determines that a district has intentionally submitted
false information in order to qualify for an incentive payment under this section, the
district forfeits an amount equal to the amount it received under this section from
its total state school aid for 2014-2015 2015-2016.
(4) If the department determines that funds allocated under this section will
remain unexpended after the initial allocation of $52.00 per pupil to eligible
districts under subsection (2), the remaining unexpended amount is allocated on an
equal per pupil basis to districts that meet the requirements of subsection (2) and
that have a foundation allowance, as calculated under section 20, in an amount that is
less than the basic foundation allowance under that section.
Sec. 22g. (1) From the funds appropriated in section 11, there is allocated for
2013-2014 2014-2015 only an amount not to exceed
$5,000,000.00 for competitive
assistance grants to districts and intermediate districts.
(2) Funds received under this section may be used for reimbursement of
transition costs associated with the consolidation of OPERATIONS OR SERVICES BETWEEN 2
OR MORE DISTRICTS, INTERMEDIATE DISTRICTS, OR OTHER LOCAL UNITS OF GOVERNMENT OR THE
CONSOLIDATION OF districts or intermediate districts. Grant funding shall be available
for consolidations that occur on or after June 1, 2013
2014. The department shall
develop an application process and method of grant distribution.
Sec. 22i. (1) From the state school aid fund
money FUNDS appropriated in
section 11, there is allocated for 2013-2014 2014-2015 an amount not to exceed
$45,000,000.00 $50,000,000.00 for the technology infrastructure
grant program for
districts or intermediate districts on behalf of their constituent districts. Funds
received under this subsection shall be used for the development or improvement of a
district's technology infrastructure, the shared services consolidation of technology
and data, and hardware in preparation for the planned implementation in 2014-2015 of
online growth assessments.
(2) The department shall develop a competitive application process and method
of grant distribution to eligible districts and intermediate districts that
demonstrate need for grants under subsection (1). The department may consult with the
department of technology, management, and budget during the grant process and grant
distribution. Grants to districts shall not exceed $2,000,000.00 per district. A grant
to an intermediate district on behalf of its constituent districts shall not exceed
$2,000,000.00 per constituent district. To receive a grant under subsection (1), an
intermediate district shall demonstrate that a grant awarded to the intermediate
district on behalf of its constituent districts would provide savings compared to
providing grants to individual districts.
(3) From the general fund money appropriated in
section 11, there is allocated
an amount not to exceed $5,000,000.00 for 2013-2014 to be
awarded through a
competitive bid process to a single provider of whole-school
technology as described
in this subsection. The department shall issue a single
request for proposal with
application rules written and administered by the
department, and with a focus on
economic and geographic diversity. To be eligible to receive
the grant under this
section, a provider shall meet all of the following:
(a) Agrees to submit evaluation criteria in a form
and manner determined by the
department.
(b) Provides at least all of the following:
(i) One-to-one mobile devices.
(ii) Laptop or desktop computers for each
classroom.
(iii) On- and off-campus filtering.
(iv) Wireless networks and peripherals.
(v) Wireless audio equipment.
(vi) Operating software.
(vii) Instructional software.
(viii) Repairs and replacements.
(ix) Professional development.
(x) Ongoing support.
(3) FROM THE AMOUNT ALLOCATED IN SUBSECTION (1), THERE IS ALLOCATED FOR 2014-
2015 AN AMOUNT NOT TO EXCEED $8,500,000.00 FOR the FOLLOWING PURPOSES:
(A) Converting existing student assessments to online assessments.
(B) Providing paper and pencil test versions to districts not prepared to
implement online assessments.
(C) Expanding writing assessments to additional grade levels.
(D) Providing an increased number of constructed response test questions so
that pupils can demonstrate higher-order skills such as problem solving and
communicating reasoning.
Sec. 22j. (1) From the appropriation in section 11, there is allocated for
2013-2014 2014-2015 an amount not to exceed $46,400,000.00
to provide separate
incentive payments to districts that meet student academic performance funding goals
under subsections (2) to (5). Payments received under this section may be used for any
purpose for which payments under sections 22a and 22b may be used.
(2) The maximum amount of the incentive payment for student academic
performance is an amount equal to $100.00 per pupil. Payments calculated and awarded
to qualifying districts under subsections (3) to (5) shall be calculated and awarded
separately, and a district may receive a payment under any or all of subsections (3)
to (5).
(3) An amount not to exceed 30% of the maximum per pupil amount allocated under
subsection (2) shall be used to make performance incentive payments to qualifying
districts under this subsection based on pupil performance on state assessments in
mathematics in grades 3 to 8. The amount of a payment under this subsection is an
amount equal to $30.00 per pupil for all pupils in membership in a qualifying
district. The department shall determine the qualifying districts under this
subsection as follows:
(a) Using a model determined by the department that incorporates the most
recent cut scores adopted for the Michigan educational assessment program for each
pupil in grades 3 to 8 in the 2011-2012 2012-2013 school year, the department shall
calculate a point score using a metric that assigns points to each of those pupils as
follows:
(i) For each pupil who began the school year not performing proficiently in
mathematics and who declines in proficiency, as determined by the department, over the
school year, 0 points.
(ii) For each pupil who began the school year performing proficiently in
mathematics and declines in proficiency, as determined by the department, over the
school year, 0 points.
(iii) For each pupil who began the school year not performing proficiently in
mathematics and who maintains his or her level of proficiency, as determined by the
department, over the school year, 1 point.
(iv) For each pupil who began the school year performing proficiently in
mathematics and who maintains his or her level of proficiency, as determined by the
department, over the school year, 2 points.
(v) For each pupil who began the school year not performing proficiently in
mathematics and who improves in proficiency, as determined by the department, over the
school year, 3 points.
(vi) For each pupil who began the school year performing proficiently in
mathematics and who improves in proficiency, as determined by the department, over the
school year, 2 points.
(b) The department shall then calculate a district average for this metric for
the 2011-2012 2012-2013 school year by totaling the number
of points for all pupils in
grades 3 to 8 under subdivision (a) and dividing that total by the number of those
pupils.
(c) A district is a qualifying district for the payment under this subsection
if the district average for the 2011-2012 2012-2013 school year under subdivision (b)
is at least equal to a factor of 1.5, and the district tested at least 95% of its
pupils in mathematics, and the district had at least 30 full academic year pupils in
grades 3 to 8 with a performance level change designation in mathematics.
(4) An amount not to exceed 30% of the maximum per pupil amount allocated under
subsection (2) shall be used to make performance incentive payments to qualifying
districts under this subsection based on pupil performance on state assessments in
reading in grades 3 to 8. The amount of a payment under this subsection is an amount
equal to $30.00 per pupil for all pupils in membership in the district. The department
shall determine the qualifying districts under this subsection as follows:
(a) Using a model determined by the department that incorporates the most
recent cut scores adopted for the Michigan educational assessment program for each
pupil in grades 3 to 8 in the 2011-2012 2012-2013 school year, the department shall
calculate a point score using a metric that assigns points to each of those pupils as
follows:
(i) For each pupil who began the school year not performing proficiently in
reading and who declines in proficiency, as determined by the department, over the
school year, 0 points.
(ii) For each pupil who began the school year performing proficiently in
reading and declines in proficiency, as determined by the department, over the school
year, 0 points.
(iii) For each pupil who began the school year not performing proficiently in
reading and who maintains proficiency, as determined by the department, over the
school year, 1 point.
(iv) For each pupil who began the school year performing proficiently in
reading and who maintains proficiency, as determined by the department, over the
school year, 2 points.
(v) For each pupil who began the school year not performing proficiently in
reading and who improves in proficiency, as determined by the department, over the
school year, 3 points.
(vi) For each pupil who began the school year performing proficiently in
reading and who improves in proficiency, as determined by the department, over the
school year, 2 points.
(b) The department shall then calculate a district average for this metric for
the 2011-2012 2012-2013 school year by totaling the number
of points for all pupils in
grades 3 to 8 under subdivision (a) and dividing that total by the number of those
pupils.
(c) A district is a qualifying district for the payment under this subsection
if the district average for the 2011-2012 2012-2013 school year under subdivision (b)
is at least equal to a factor of 1.5, and the district tested at least 95% of its
pupils in reading, and the district had at least 30 full academic year pupils in
grades 3 to 8 reading with a performance level change designation in reading.
(5) An amount not to exceed 40% of the maximum per pupil amount allocated under
subsection (2) shall be used to make performance incentive payments to qualifying
districts under this subsection for high school improvement using a metric based on
the positive trend over a 4-year period in the percentage of high school pupils in the
district testing as proficient in all tested subject areas on the state assessments of
high school pupils. The amount of a payment under this subsection is an amount equal
to $40.00 per pupil for all pupils in membership in the district. The department shall
determine the qualifying districts under this subsection as follows:
(a) Calculate a linear regression of the percentage of high school pupils in
the district testing as proficient in all tested subject areas on state assessments of
high school pupils on school year over the 4-year period
ending with the 2011-2012
2012-2013 school year as adjusted for changes in cut scores most recently adopted for
the Michigan merit examination.
(b) Calculate a statewide average for all districts operating a high school of
the linear regression of the percentage of high school pupils testing as proficient in
all tested subject areas on state assessments of high school pupils on school year
over the 4-year period ending with the 2011-2012 2012-2013 school year, as adjusted
for changes in cut scores most recently adopted for the Michigan merit examination as
the base year for all comparisons.
(c) A district is a qualifying district for the payment under this subsection
if the district's linear regression over the 4-year period
ending with the 2011-2012
2012-2013 school year under subdivision (a) is at least equal to the statewide average
linear regression over the 4-year period ending with the base year under subdivision
(b), and the district's linear regression over the 4-year
period ending with the 2011-
2012 2012-2013 school year under subdivision (a)
is positive, and the district tested
95% of high school pupils in each tested subject on state assessments, and the
district had at least 20 full academic year pupils take all tested subjects on state
assessments of high school pupils over each of the most recent 4 years.
(6) If the allocation under subsection (1) is insufficient to fully fund
payments as otherwise calculated under this section, the department shall prorate
payments under this section on an equal percentage basis.
Sec. 24. (1) From the appropriation in section 11,
there is allocated for 2013-
2014 2014-2015 an amount not to exceed
$8,000,000.00 for payments to the educating
district or intermediate district for educating pupils assigned by a court or the
department of human services to reside in or to attend a juvenile detention facility
or child caring institution licensed by the department of human services and approved
by the department to provide an on-grounds education program. The amount of the
payment under this section to a district or intermediate district shall be calculated
as prescribed under subsection (2).
(2) The total amount allocated under this section shall be allocated by paying
to the educating district or intermediate district an amount equal to the lesser of
the district's or intermediate district's added cost or the department's approved per
pupil allocation for the district or intermediate district. For the purposes of this
subsection:
(a) "Added cost" means 100% of the added cost each fiscal year for educating
all pupils assigned by a court or the department of human services to reside in or to
attend a juvenile detention facility or child caring institution licensed by the
department of human services or the department of licensing and regulatory affairs and
approved by the department to provide an on-grounds education program. Added cost
shall be computed by deducting all other revenue received under this article for
pupils described in this section from total costs, as approved by the department, in
whole or in part, for educating those pupils in the on-grounds education program or in
a program approved by the department that is located on property adjacent to a
juvenile detention facility or child caring institution. Costs reimbursed by federal
funds are not included.
(b) "Department's approved per pupil allocation" for a district or intermediate
district shall be determined by dividing the total amount allocated under this section
for a fiscal year by the full-time equated membership total for all pupils approved by
the department to be funded under this section for that fiscal year for the district
or intermediate district.
(3) A district or intermediate district educating pupils described in this
section at a residential child caring institution may operate, and receive funding
under this section for, a department-approved on-grounds educational program for those
pupils that is longer than 181 days, but not longer than 233 days, if the child caring
institution was licensed as a child caring institution and offered in 1991-92 an on-
grounds educational program that was longer than 181 days but not longer than 233 days
and that was operated by a district or intermediate district.
(4) Special education pupils funded under section 53a shall not be funded under
this section.
Sec. 24a. From the appropriation in section 11, there is allocated an amount
not to exceed $2,167,500.00 $2,195,500.00 for 2013-2014 2014-2015 for payments to
intermediate districts for pupils who are placed in juvenile justice service
facilities operated by the department of human services. Each intermediate district
shall receive an amount equal to the state share of those costs that are clearly and
directly attributable to the educational programs for pupils placed in facilities
described in this section that are located within the intermediate district's
boundaries. The intermediate districts receiving payments under this section shall
cooperate with the department of human services to ensure that all funding allocated
under this section is utilized by the intermediate district and department of human
services for educational programs for pupils described in this section. Pupils
described in this section are not eligible to be funded under section 24. However, a
program responsibility or other fiscal responsibility associated with these pupils
shall not be transferred from the department of human services to a district or
intermediate district unless the district or intermediate district consents to the
transfer.
Sec. 24c. From the appropriation in section 11, there is allocated an amount
not to exceed $1,500,000.00 for 2013-2014 2014-2015 for payments to districts for
pupils who are enrolled in a nationally administered community-based education and
youth mentoring program, known as the youth challenge program, that is administered by
the department of military and veterans affairs. Both of the following apply to a
district receiving payments under this section:
(a) The district shall contract with the department of military and veterans
affairs to ensure that all funding allocated under this section is utilized by the
district and the department of military and veterans affairs for the youth challenge
program.
(b) The district may retain for its administrative expenses an amount not to
exceed 3% of the amount of the payment the district receives under this section.
Sec. 25e. (1) The center shall work with the
department, districts, and
intermediate districts to develop a PUPIL
TRANSFERS UNDER THIS SECTION SHALL BE
PROCESSED USING THE pupil membership transfer application and a pupil transfer process
ADMINISTERED
BY THE CENTER under
this section. The center shall complete development
of this pupil membership transfer application not later
than November 1, 2013.
(2) If a pupil counted in membership for the pupil membership count day
transfers from a district or intermediate district to enroll in another district or
intermediate district after the pupil membership count day and before the supplemental
count day and, due to the pupil's enrollment and attendance status as of the pupil
membership count day, the pupil was not counted in membership in the educating
district or intermediate district, the educating district or intermediate district may
report the enrollment and attendance information to the center through the pupil
transfer process within 30 days after the transfer or within 30 days after the sixth
Wednesday after the pupil membership count day, whichever is later. Pupil transfers
may be submitted no earlier than the first day after the certification deadline for
the pupil membership count day and before the supplemental count day. Upon receipt of
the transfer information under this subsection indicating that a pupil has enrolled
and is in attendance in an educating district or intermediate district as described in
this subsection, the pupil transfer process shall do the following:
(a) Notify the district in which the pupil was previously enrolled.
(b) Notify both the pupil auditing staff of the intermediate district in which
the educating district is located and the pupil auditing staff of the intermediate
district in which the district that previously enrolled the pupil is located. The
pupil auditing staff shall approve or deny the pupil membership transfer.
(c) Aggregate the districtwide changes and notify the department for use in
adjusting the state aid payment system.
(3) The department shall do all of the following:
(a) Adjust the membership calculation for each district or intermediate
district in which the pupil was previously counted in membership or that previously
received an adjustment in its membership calculation under this section due to a
change in the pupil's enrollment and attendance so that the district's or intermediate
district's membership is prorated to allow the district or intermediate district to
receive for each school day, as determined by the financial calendar furnished by the
center, in which the pupil was enrolled and in attendance in the district or
intermediate district an amount equal to 1/105 of a full-time equated membership
claimed in the fall pupil membership count. The district or intermediate district
shall receive a prorated foundation allowance in an amount equal to the product of the
adjustment under this subdivision for the district or intermediate district multiplied
by the foundation allowance or per pupil payment as calculated under section 20 for
the district or intermediate district. The foundation allowance or per pupil payment
shall be adjusted by the pupil's full-time equated status as affected by the
membership definition under section 6(4).
(b) Adjust the membership calculation for the educating district or
intermediate district in which the pupil is enrolled and is in attendance so that the
district's or intermediate district's membership is increased to allow the district or
intermediate district to receive an amount equal to the difference between the full-
time equated membership claimed in the fall pupil membership count and the sum of the
adjustments calculated under subdivision (a) for each district or intermediate
district in which the pupil was previously enrolled and in attendance. The educating
district or intermediate district shall receive a prorated foundation allowance in an
amount equal to the product of the adjustment under this subdivision for the educating
district or intermediate district multiplied by the foundation allowance or per pupil
payment as calculated under section 20 for the educating district or intermediate
district. The foundation allowance or per pupil payment shall be adjusted by the
pupil's full-time equated status as affected by the membership definition under
section 6(4).
(4) The changes in calculation of state school aid required under subsection
(3) shall take effect as of the date that the pupil becomes enrolled and in attendance
in the educating district or intermediate district, and the department shall base all
subsequent payments under this article for the fiscal year to the affected districts
or intermediate districts on this recalculation of state school aid.
(5) If a pupil enrolls in an educating district or intermediate district as
described in subsection (2), the district or intermediate district in which the pupil
is counted in membership or another educating district or intermediate district that
received an adjustment in its membership calculation under subsection (3), if any, and
the educating district or intermediate district shall provide to the center and the
department all information they require to comply with this section.
(6) As used in this section, "educating district or intermediate district"
means the district or intermediate district in which a pupil enrolls after the pupil
membership count day or after an adjustment was made in another district's or
intermediate district's membership calculation under this section due to the pupil's
enrollment and attendance.
Sec. 26a. (1) From the state school aid
fund appropriation FUNDS APPROPRIATED
in section 11, there is allocated an amount not to exceed
$26,300,000.00 for 2013-2014
2014-2015 to reimburse districts and intermediate districts pursuant to section 12 of
the Michigan renaissance zone act, 1996 PA 376, MCL
125.2692, for taxes levied in 2013
2014. The allocations shall be made not later than 60 days after the department of
treasury certifies to the department and to the state budget director that the
department of treasury has received all necessary information to properly determine
the amounts due to each eligible recipient.
(2) In addition to the allocation under
subsection (1), from the general fund
money appropriated under section 11, there is allocated an
amount not to exceed
$3,200,000.00 for 2013-2014 to reimburse public libraries
pursuant to section 12 of
the Michigan renaissance zone act, 1996 PA 376, MCL
125.2692, for taxes levied in
2013. The allocations shall be made not later than 60 days
after the department of
treasury certifies to the department and to the state
budget director that the
department of treasury has received all necessary
information to properly determine
the amounts due to each eligible recipient.
Sec. 26b. (1) From the appropriation in section 11, there is allocated for
2013-2014 2014-2015 an amount not to exceed $4,009,500.00
$4,210,000.00 for payments
to districts, intermediate districts, and community college districts for the portion
of the payment in lieu of taxes obligation that is attributable to districts,
intermediate districts, and community college districts pursuant to section 2154 of
the natural resources and environmental protection act, 1994 PA 451, MCL 324.2154.
(2) If the amount appropriated under this section is not sufficient to fully
pay obligations under this section, payments shall be prorated on an equal basis among
all eligible districts, intermediate districts, and community college districts.
Sec. 26c. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $209,400.00 for 2012-2013 and an
amount not to exceed $266,200.00
$293,100.00 for 2013-2014 2014-2015 to the promise zone fund created in subsection
(3).
(2) Funds allocated to the promise zone fund under this section shall be used
solely for payments to eligible districts and intermediate districts that have a
promise zone development plan approved by the department of treasury under section 7
of the Michigan promise zone authority act, 2008 PA 549, MCL 390.1667.
(3) The promise zone fund is created as a separate account within the state
school aid fund to be used solely for the purposes of the Michigan promise zone
authority act, 2008 PA 549, MCL 390.1661 to 390.1679. All of the following apply to
the promise zone fund:
(a) The state treasurer shall direct the investment of the promise zone fund.
The state treasurer shall credit to the promise zone fund interest and earnings from
fund investments.
(b) Money in the promise zone fund at the close of a fiscal year shall remain
in the promise zone fund and shall not lapse to the general fund.
(4) Subject to subsection (2), the state treasurer may make payments from the
promise zone fund to eligible districts and intermediate districts pursuant to the
Michigan promise zone authority act, 2008 PA 549, MCL 390.1661 to 390.1679, to be used
for the purposes of a promise zone authority created under that act.
Sec. 31a. (1) From the state school aid fund money appropriated in section 11,
there is allocated for 2013-2014 2014-2015 an amount not to exceed $317,695,500.00 for
payments to eligible districts, eligible public school academies, and the education
achievement system under this section. Subject to
subsection (14), the amount of the
additional allowance under this section, other than funding
under subsection (6) or
(7), shall be based on the number of actual pupils in
membership in the district or
public school academy or the education achievement system
who met the income
eligibility criteria for free breakfast, lunch, or milk in
the immediately preceding
state fiscal year, as determined under the Richard B.
Russell national school lunch
act, 42 USC 1751 to 1769i, and reported to the department
not later than the fifth
Wednesday after the pupil membership count day of the
immediately preceding fiscal
year and adjusted not later than December 31 of the
immediately preceding fiscal year
in the form and manner prescribed by the center. However,
for a public school academy
that began operations as a public school academy, or for an
achievement school that
began operations as an achievement school, after the pupil
membership count day of the
immediately preceding school year, the basis for the
additional allowance under this
section shall be the number of actual pupils in membership
in the public school
academy or the education achievement system who met the
income eligibility criteria
for free breakfast, lunch, or milk in the current state
fiscal year, as determined
under the Richard B. Russell national school lunch act and
reported to the department
not later than the fifth Wednesday after the pupil
membership count day
FOR THE
PURPOSES OF ENSURING THAT THIRD GRADERS ARE PROFICIENT IN READING BY THE END OF THE
THIRD GRADE AND THAT HIGH SCHOOL GRADUATES ARE CAREER AND COLLEGE READY.
(2) To be eligible to receive funding under this section, other than funding
under subsection (6) or (7), a district or public school
academy that has not been
previously determined to be eligible or the education
achievement system shall apply
to the department, in a form and manner prescribed by the
department, and a district
or public school academy or the education achievement
system must meet all of the
following:
(a) The THE sum of the district's or public
school academy's or the education
achievement system's combined state and local revenue per membership pupil in the
current state fiscal year, as calculated under section 20, is
SHALL BE less than or
equal to the basic foundation allowance under section 20 for the current state fiscal
year.
(b) The district or public school academy or the
education achievement system
agrees to use the funding only for purposes allowed under
this section and to comply
with the program and accountability requirements under this
section.
(3) Except as otherwise provided in this subsection, an eligible district or
eligible public school academy or the education achievement system shall receive under
this section for each membership pupil in the district or public school academy or the
education achievement system who met the income eligibility criteria for free
breakfast, lunch, or milk, as determined under the Richard B. Russell national school
lunch act, 42 USC 1751 TO 1769, and as reported to the department IN A FORM AND MANNER
PRESCRIBED BY THE DEPARTMENT, not later than the fifth Wednesday after the pupil
membership count day of the immediately preceding fiscal year and adjusted not later
than December 31 of the immediately preceding fiscal year, an amount per pupil equal
to 11.5% of the sum of the district's foundation allowance or the public school
academy's or the education achievement system's per pupil amount calculated under
section 20, not to exceed the basic foundation allowance under section 20 for the
current state fiscal year, or of the public school academy's or the education
achievement system's per membership pupil amount calculated under section 20 for the
current state fiscal year. A HOWEVER, A public school academy that began operations as
a public school academy, or an achievement school that began operations as an
achievement school, after the pupil membership count day of the immediately preceding
school year shall receive under this section for each membership pupil in the public
school academy or in the education achievement system who met the income eligibility
criteria for free breakfast, lunch, or milk, as determined under the Richard B.
Russell national school lunch act and as reported to the department not later than the
fifth Wednesday after the pupil membership count day of the current fiscal year and
adjusted not later than December 31 of the current fiscal year, an amount per pupil
equal to 11.5% of the public school academy's or the education achievement system's
per membership pupil amount calculated under section 20 for the current state fiscal
year.
(4) Except as otherwise provided in this section, a district or public school
academy, or the education achievement system, receiving funding under this section
shall use that money only to provide instructional programs and direct
noninstructional services, including, but not
limited to, medical, MENTAL HEALTH, or
counseling services, for at-risk pupils; for school health clinics; and for the
purposes of subsection (5), (6), or (7), OR (10). In addition, a district that is a
school district of the first class or a district or public school academy in which at
least 50% of the pupils in membership met the income eligibility criteria for free
breakfast, lunch, or milk in the immediately preceding state fiscal year, as
determined and reported as described in subsection (1)
(3), or the education
achievement system if it meets this requirement, may use not more than 20% of the
funds it receives under this section for school security. A district, the public
school academy, or the education achievement system shall not use any of that money
for administrative costs or to supplant another program
or other funds, except for
funds allocated to the district or public school academy or
the education achievement
system under this section in the immediately preceding year
and already being used by
the district or public school academy or the education
achievement system for at-risk
pupils. The instruction or direct noninstructional services provided under
this
section may be conducted before or after regular school hours or by adding extra
school days to the school year and may include, but are
not limited to, tutorial
services, early childhood programs to serve children age 0
to 5, and reading programs
as described in former section 32f as in effect for
2001-2002. A tutorial method may
be conducted with paraprofessionals working under the
supervision of a certificated
teacher. The ratio of pupils to paraprofessionals shall be
between 10:1 and 15:1. Only
1 certificated teacher is required to supervise instruction
using a tutorial method.
As used in this subsection, "to supplant another
program" means to take the place of a
previously existing instructional program or direct
noninstructional services funded
from a funding source other than funding under this section.
(5) Except as otherwise provided in subsection
(12), a A district or public
school academy that receives funds under this section and that operates a school
breakfast program under section 1272a of the revised school code, MCL 380.1272a, or
the education achievement system if it operates a school breakfast program, shall use
from the funds received under this section an amount, not to exceed $10.00 per pupil
for whom the district or public school academy or the education achievement system
receives funds under this section, necessary to pay for costs associated with the
operation of the school breakfast program.
(6) From the funds allocated under subsection (1),
there is allocated for 2013-
2014 2014-2015 an amount not to exceed
$3,557,300.00 to support child and adolescent
health centers. These grants shall be awarded for 5 consecutive years beginning with
2003-2004 in a form and manner approved jointly by the department and the department
of community health. Each grant recipient shall remain in compliance with the terms of
the grant award or shall forfeit the grant award for the duration of the 5-year period
after the noncompliance. To continue to receive funding for a child and adolescent
health center under this section a grant recipient shall ensure that the child and
adolescent health center has an advisory committee and that at least one-third of the
members of the advisory committee are parents or legal guardians of school-aged
children. A child and adolescent health center program shall recognize the role of a
child's parents or legal guardian in the physical and emotional well-being of the
child. Funding under this subsection shall be used to support child and adolescent
health center services provided to children up to age 21. If any funds allocated under
this subsection are not used for the purposes of this subsection for the fiscal year
in which they are allocated, those unused funds shall be used that fiscal year to
avoid or minimize any proration that would otherwise be
required under subsection (14)
(11) for that fiscal year.
(7) From the funds allocated under subsection (1),
there is allocated for 2013-
2014 2014-2015 an amount not to exceed
$5,150,000.00 for the state portion of the
hearing and vision screenings as described in section 9301 of the public health code,
1978 PA 368, MCL 333.9301. A local public health department shall pay at least 50% of
the total cost of the screenings. The frequency of the screenings shall be as required
under R 325.13091 to R 325.13096 and R 325.3271 to R 325.3276 of the Michigan
administrative code. Funds shall be awarded in a form and manner approved jointly by
the department and the department of community health. Notwithstanding section 17b,
payments to eligible entities under this subsection shall be paid on a schedule
determined by the department.
(8) Each district or public school academy receiving funds under this section
and the education achievement system shall submit to the department by July 15 of each
fiscal year a report, not to exceed 10 pages, on the usage by the district or public
school academy or the education achievement system of funds under this section, which
report shall include at least a brief description of
each program conducted OR
SERVICES PERFORMED by the district or public school academy or the education
achievement system using funds under this section, the amount of funds under this
section allocated to each of those programs OR SERVICES, the number of at-risk pupils
eligible for free or reduced price school lunch who were
served by each of those
programs, and the total number of at-risk pupils served by each of those
programs OR
SERVICES, AND THE DATA NECESSARY FOR THE DEPARTMENT AND THE DEPARTMENT OF HUMAN
SERVICES TO VERIFY MATCHING FUNDS FOR THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
PROGRAM. If a district or public school academy or the education achievement system
does not comply with this subsection, the department shall withhold an amount equal to
the August payment due under this section until the district or public school academy
or the education achievement system complies with this subsection. If the district or
public school academy or the education achievement system does not comply with this
subsection by the end of the state fiscal year, the withheld funds shall be forfeited
to the school aid fund.
(9) In order to receive funds under this section, a district or public school
academy or the education achievement system shall allow access for the department or
the department's designee to audit all records related to the program for which it
receives those funds. The district or public school academy or the education
achievement system shall reimburse the state for all disallowances found in the audit.
(10) Subject to subsections (5), (6), AND (7), (12), and (13), a district may
use up to 100% of the funds it receives under this section to
reduce the ratio of
pupils to teachers in grades K-12, or any combination of
those grades, in school
buildings in which the percentage of pupils described in subsection
(1) exceeds the
district's aggregate percentage of those pupils. Subject to
subsections (5), (6), (7),
(12), and (13), a district may use up to 100% of the funds
it receives under this
section to reduce the ratio of pupils to teachers in grades
K-12, or any combination
of those grades, in school buildings in which the
percentage of pupils described in
subsection (1) is at least 60% of the district's aggregate
percentage of those pupils
and at least 30% of the total number of pupils enrolled in
the school building
TO
IMPLEMENT SCHOOL WIDE REFORM IN SCHOOLS WITH 40% OR MORE OF ITS PUPILS IDENTIFIED AS
AT RISK BY PROVIDING SUPPLEMENTAL INSTRUCTIONAL OR NONINSTRUCTIONAL SERVICES
CONSISTENT WITH THE SCHOOL’S IMPROVEMENT PLAN.
(11) A district or public school academy or the
education achievement system
may use funds received under this section for adult high
school completion, general
educational development (G.E.D.) test preparation, adult
English as a second language,
or adult basic education programs described in section 107.
(12) For an individual school or schools operated
by a district or public
school academy receiving funds under this section or the
education achievement system
that have been determined by the department to meet the
adequate yearly progress
standards of the no child left behind act of 2001, Public
Law 107-110, in both
mathematics and English language arts at all applicable
grade levels for all
applicable subgroups, the district or public school academy
or the education
achievement system may use not more than 20% of the funds
it receives under this
section for specific alternative purposes identified by the
district or public school
academy or the education achievement system that are designed
to benefit at-risk
pupils in the school, but that may be different from the
purposes otherwise allowable
under this section. If a district or public school academy
or the education
achievement system uses funds for alternative purposes
allowed under the flexibility
provisions under this subsection, the district or public
school academy or the
education achievement system shall maintain documentation
of the amounts used for
those alternative purposes and shall make that information
available to the department
upon request.
(13) A district or public school academy that
receives funds under this section
or the education achievement system may use funds it
receives under this section to
implement and operate an early intervening program for
pupils in grades K to 3 that
meets either or both of the following:
(a) Monitors individual pupil learning and provides
specific support or
learning strategies to pupils as early as possible in order
to reduce the need for
special education placement. The program shall include
literacy and numeracy supports,
sensory motor skill development, behavior supports,
instructional consultation for
teachers, and the development of a parent/school learning
plan. Specific support or
learning strategies may include support in or out of the
general classroom in areas
including reading, writing, math, visual memory, motor
skill development, behavior, or
language development. These would be provided based on an
understanding of the
individual child's learning needs.
(b) Provides early intervening strategies using
school-wide systems of academic
and behavioral supports and is scientifically
research-based. The strategies to be
provided shall include at least pupil performance
indicators based upon response to
intervention, instructional consultation for teachers, and
ongoing progress
monitoring. A school-wide system of academic and behavioral
support should be based on
a support team available to the classroom teachers. The
members of this team could
include the principal, special education staff, reading
teachers, and other
appropriate personnel who would be available to
systematically study the needs of the
individual child and work with the teacher to match
instruction to the needs of the
individual child.
(11) (14) If necessary, and
before any proration required under section 296,
the department shall prorate payments under this section by reducing the amount of the
per pupil payment under this section by a dollar amount calculated by determining the
amount by which the amount necessary to fully fund the requirements of this section
exceeds the maximum amount allocated under this section and then dividing that amount
by the total statewide number of pupils who met the income eligibility criteria for
free breakfast, lunch, or milk in the immediately preceding fiscal year, as described
in subsection (1) (3).
(12) (15) If a district is formed
by consolidation after June 1, 1995, and if 1
or more of the original districts was not eligible before the consolidation for an
additional allowance under this section, the amount of the additional allowance under
this section for the consolidated district shall be based on the number of pupils
described in subsection (1) (3) enrolled in the consolidated district who reside in
the territory of an original district that was eligible before the consolidation for
an additional allowance under this section. IN ADDITION, IF A DISTRICT IS DISSOLVED
PURSUANT TO SECTION 12 OF THE REVISED SCHOOL CODE, MCL 380.12, THE INTERMEDIATE
DISTRICT TO WHICH THE DISSOLVED SCHOOL DISTRICT IS CONSTITUENT SHALL DETERMINE THE
ESTIMATED NUMBER OF PUPILS THAT MEET THE INCOME ELIGIBILITY CRITERIA FOR FREE
BREAKFAST, LUNCH, OR MILK, AS DESCRIBED UNDER SUBSECTION (3), ENROLLED IN EACH OF THE
OTHER DISTRICTS WITHIN THE INTERMEDIATE DISTRICT AND PROVIDE THAT ESTIMATE TO THE
DEPARTMENT FOR THE PURPOSES OF DISTRIBUTING FUNDS UNDER THIS SECTION WITHIN 60 DAYS
AFTER THE SCHOOL DISTRICT IS DECLARED DISSOLVED.
(13) (16) As used in this
section, "at-risk pupil" means a pupil for whom the
district has documentation that the pupil meets at least
2 ANY of the following
criteria: is a victim of child abuse or neglect; is
below grade level in English
language arts or mathematics; is a pregnant teenager or
teenage parent; is eligible
for a federal free or reduced-price lunch subsidy; has
atypical behavior or attendance
patterns; or has a family history of school failure,
incarceration, or substance
abuse. At-risk pupil also includes all pupils in a priority
school as defined in the
elementary and secondary education act of 2001 flexibility
request approved by the
United States department of education. For pupils for whom
the results of at least the
applicable Michigan education assessment program (MEAP)
test have been received, at-
risk pupil also includes a pupil who does not meet the
other criteria under this
subsection but who did not achieve at least a score of
level 2 on the most recent MEAP
English language arts, mathematics, science test, or social
studies for which results
for the pupil have been received. For pupils for whom the
results of the Michigan
merit examination have been received, at-risk pupil also
includes a pupil who does not
meet the other criteria under this subsection but who did
not achieve proficiency on
the reading, writing, mathematics, science, or social
studies components of the most
recent Michigan merit examination for which results for the
pupil have been received.
For pupils in grades K-3, at-risk pupil also includes a
pupil who is at risk of not
meeting the district's core academic curricular objectives
in English language arts or
mathematics.
(A) THE PUPIL IS ENROLLED IN A PRIORITY OR PRIORITY-SUCCESSOR SCHOOL, AS
DEFINED IN THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 2001 FLEXIBILITY WAIVER
APPROVED BY THE UNITED STATES DEPARTMENT OF EDUCATION.
(B) THE PUPIL IS ENROLLED IN A FOCUS SCHOOL, AS DEFINED IN THE ELEMENTARY AND
SECONDARY EDUCATION ACT OF 2001 FLEXIBILITY WAIVER APPROVED BY THE UNITED STATES
DEPARTMENT OF EDUCATION AND IS IN THE BOTTOM 30 PERCENT OF ACHIEVEMENT AS DETERMINED
BY THE DEPARTMENT.
(C) THE PUPIL DID NOT ACHIEVE A SCORE OF PROFICENT ON 2 OR MORE STATE
ADMINISTERED ASSESSMENTS FOR ENGLISH LANGUAGE ARTS, MATHEMATICS, SCIENCE OR SOCIAL
STUDIES.
(D) THE PUPIL DID NOT RECEIVE A SATISFACTORY SCORE ON 2 OR MORE LOCALLY
ADMINISTERED ASSESSMENTS THAT ARE ALIGNED WITH STATE STANDARDS FOR ENGLISH LANGUAGE
ARTS, MATHEMATICS, SCIENCE OR SOCIAL SCIENCES IN GRADES NOT ASSESSED BY THE STATE.
(E) IN THE ABSENCE OF STATE OR LOCAL ASSESSMENT DATA, THE PUPIL MEETS AT LEAST
2 OF THE FOLLOWING CRITERIA, AS DOCUMENTED IN A FORM AND MANNER APPROVED BY THE
DEPARTMENT:
(I) THE PUPIL IS ELIGIBLE FOR FREE BREAKFAST, LUNCH OR MILK.
(II) THE PUPIL IS ABSENT MORE THAN 10 PERCENT OF ENROLLED DAYS OR 10 SCHOOL
DAYS DURING THE SCHOOL YEAR.
(III) THE PUPIL IS HOMELESS.
(IV) THE PUPIL IS A MIGRANT.
(V) THE PUPIL IS AN ENGLISH LANGUAGE LEARNER.
(VI) THE PUPIL IS AN IMMIGRANT.
(VII) THE PUPIL DID NOT COMPLETE HIGH SCHOOL IN FOUR YEARS AND IS STILL
CONTINUING IN SCHOOL AS IDENTIFIED IN THE MICHIGAN COHORT GRADUATION AND DROPOUT
REPORT.
(14) BEGINNING IN 2014-2015, IF A DISTRICT, PUBLIC SCHOOL ACADEMY OR
ACHIEVEMENT SCHOOL CANNOT DEMONSTRATE TO THE SATISFACTION OF THE DEPARTMENT
IMPROVEMENT IN THE PERCENTAGE OF AT-RISK PUPILS PROFICIENT IN READING AT THE END OF
THIRD GRADE AND IMPROVEMENT IN THE PERCENTAGE OF AT-RISK PUPILS THAT ARE CAREER AND
COLLEGE READY AS MEASURED BY THE ACT COMPOSITE SCORE AFTER 3 SUBSEQUENT SCHOOL YEARS,
THE DISTRICT, PUBLIC SCHOOL ACADEMY OR EDUCATION ACHIEVEMENT SYSTEM SHALL REVISE ITS
SCHOOL IMPROVEMENT PLAN REGARDING THE EXPENDITURE OF FUNDING FROM THIS SECTION.
(15) (17) A district or public
school academy that receives funds under this
section or the education achievement system may use funds received under this section
to provide an anti-bullying or crisis intervention program.
Sec. 31B. (1) From the appropriations in section 11, there is allocated an
amount not to exceed $2,000,000.00 for 2014-2015 for payments to at-risk districts
selected to participate in a pilot project under this section for a year-round
instructional program for the 2015-2016 school year.
(2) The department shall select districts to participate in the project from
among districts that are eligible for the community eligibility option for free and
reduced price lunch under 42 USC 1759a. A district seeking to participate shall apply
to the department in the form and manner prescribed by the department not later than
December 1, 2014. The department shall select districts for participation not later
than February 1, 2015.
(3) A district participating in the pilot project is not required to provide
more than the minimum number of days and hours of pupil instruction prescribed under
section 101 but shall spread the instruction over the entire year in at least 1 of its
schools. The district shall commit to providing the year-round instructional calendar
for at least 3 school years.
(4) For a district participating in the pilot project, excessive heat is
considered to be a condition not within the control of school authorities for the
purpose of days or hours being counted as days or hours of pupil instruction under
section 101(4).
(5) The payments made under this section to districts shall be used for
necessary modifications to instructional facilities, modifications to current
contracts, and other nonrecurring costs of preparing for the operation of a year-round
instructional program as approved by the department.
(6) Notwithstanding section 17b, payments to districts under this section shall
be paid on a schedule determined by the department.
Sec. 31d. (1) From the appropriations in section 11, there is allocated an
amount not to exceed $22,495,100.00 for 2013-2014 2014-2015 for the purpose of making
payments to districts and other eligible entities under this section.
(2) The amounts allocated from state sources under this section shall be used
to pay the amount necessary to reimburse districts for 6.0127% of the necessary costs
of the state mandated portion of the school lunch programs provided by those
districts. The amount due to each district under this section shall be computed by the
department using the methods of calculation adopted by the Michigan supreme court in
the consolidated cases known as Durant v State of Michigan, Michigan supreme court
docket no. 104458-104492.
(3) The payments made under this section include all state payments made to
districts so that each district receives at least 6.0127% of the necessary costs of
operating the state mandated portion of the school lunch program in a fiscal year.
(4) The payments made under this section to districts and other eligible
entities that are not required under section 1272a of the revised school code, MCL
380.1272a, to provide a school lunch program shall be in an amount not to exceed
$10.00 per eligible pupil plus 5 cents for each free lunch and 2 cents for each
reduced price lunch provided, as determined by the department.
(5) From the federal funds appropriated in section 11, there is allocated for
2013-2014 2014-2015 all available federal funding,
estimated at $460,000,000.00
$510,000,000.00 for the national school lunch program and all available federal
funding, estimated at $3,200,000.00 for the emergency food assistance program.
(6) Notwithstanding section 17b, payments to eligible entities other than
districts under this section shall be paid on a schedule determined by the department.
(7) In purchasing food for a school lunch program funded under this section,
preference shall be given to food that is grown or produced by Michigan businesses if
it is competitively priced and of comparable quality.
Sec. 31f. (1) From the appropriations in section 11, there is allocated an
amount not to exceed $5,625,000.00 for 2013-2014 2014-2015 for the purpose of making
payments to districts to reimburse for the cost of providing breakfast.
(2) The funds allocated under this section for school breakfast programs shall
be made available to all eligible applicant districts that meet all of the following
criteria:
(a) The district participates in the federal school breakfast program and meets
all standards as prescribed by 7 CFR parts 220 and 245.
(b) Each breakfast eligible for payment meets the federal standards described
in subdivision (a).
(3) The payment for a district under this section is at a per meal rate equal
to the lesser of the district's actual cost or 100% of the statewide average cost of a
breakfast served, as determined and approved by the department, less federal
reimbursement, participant payments, and other state reimbursement. The statewide
average cost shall be determined by the department using costs as reported in a manner
approved by the department for the preceding school year.
(4) Notwithstanding section 17b, payments under this section may be made
pursuant to an agreement with the department.
(5) In purchasing food for a school breakfast program funded under this
section, preference shall be given to food that is grown or produced by Michigan
businesses if it is competitively priced and of comparable quality.
Sec. 32d. (1) From the funds appropriated in section 11, there is allocated to
eligible intermediate districts and consortia of intermediate districts for great
start readiness programs an amount not to exceed $149,275,000.00
$239,275,000.00 for
2013-2014 2014-2015. In addition, from the funds
appropriated in section 11, there is
allocated to the great start readiness reserve fund created
under subsection (14) an
amount not to exceed $25,000,000.00 for 2013-2014. Funds allocated under this section
for great start readiness programs shall be used to provide part-day, school-day, or
GSRP/head start blended comprehensive free compensatory classroom programs designed to
improve the readiness and subsequent achievement of educationally disadvantaged
children who meet the participant eligibility and prioritization guidelines as defined
by the department. Beginning in 2013-2014, for FOR a child to be eligible to
participate in a program under this section, the child shall be at least 4, but less
than 5, years of age as of the date specified for determining a child's eligibility to
attend school under section 1147 of the revised school code, MCL 380.1147.
(2) Funds allocated under subsection (1) shall be allocated to intermediate
districts or consortia of intermediate districts based on the formula in section 39.
An intermediate district or consortium of intermediate districts receiving funding
under this section shall act as the fiduciary for the great start readiness programs.
In order to be eligible to receive funds allocated under this subsection from an
intermediate district or consortium of intermediate districts, a district, a
consortium of districts, or a public or private for-profit or nonprofit legal entity
or agency shall comply with this section and section 39.
(3) In addition to the allocation under subsection (1), from the general fund
money appropriated under section 11, there is allocated an amount not to exceed
$300,000.00 for 2013-2014 2014-2015 for a competitive grant to continue a longitudinal
evaluation of children who have participated in great start readiness programs.
(4) To be eligible for funding under this section, a program shall prepare
children for success in school through comprehensive part-day, school-day, or
GSRP/head start blended programs that contain all of the following program components,
as determined by the department:
(a) Participation in a collaborative recruitment and enrollment process to
assure that each child is enrolled in the program most appropriate to his or her needs
and to maximize the use of federal, state, and local funds.
(b) An age-appropriate educational curriculum that is in compliance with the
early childhood standards of quality for prekindergarten children adopted by the state
board.
(c) Nutritional services for all program participants supported by federal,
state, and local resources as applicable.
(d) Health PHYSICAL AND DENTAL HEALTH and developmental screening services for
all program participants.
(e) Referral services for families of program participants to community social
service agencies, INCLUDING MENTAL HEALTH SERVICES, as appropriate.
(f) Active and continuous involvement of the parents or guardians of the
program participants.
(g) A plan to conduct and report annual great start readiness program
evaluations and continuous improvement plans using criteria approved by the
department.
(h) Participation in a multidistrict,
multiagency, school readiness advisory
committee convened as a workgroup of the great start collaborative that provides for
the involvement of classroom teachers, parents or guardians of program participants,
and community, volunteer, and social service agencies and organizations, as
appropriate. The advisory committee annually shall review AND MAKE RECOMMENDATIONS
REGARDING the program components listed in
this subsection and make recommendations
for changes to the great start readiness program for which
it is an advisory
committee. THE ADVISORY
COMMITTEE SHALL ALSO MAKE RECOMMENDATIONS ABOUT OTHER
COMMUNITY SERVICES DESIGNED TO IMPROVE ALL CHILDREN’S SCHOOL READINESS TO THE GREAT
START COLLABORATIVE.
(i) The ongoing articulation of the kindergarten and first grade programs
offered by the program provider.
(j) Participation in this state's great start to quality process with a rating
of at least 3 stars.
(5) An application for funding under this section shall provide for the
following, in a form and manner determined by the department:
(a) Ensure compliance with all program components described in subsection (4).
(b) Ensure EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, ENSURE that at
least 90% of the children participating in an eligible great start readiness program
for whom the provider INTERMEDIATE DISTRICT is receiving funds under this section are
children who live with families with a household income that is equal to or less than
250% of the federal poverty level. IF THE INTERMEDIATE DISTRICT DETERMINES THAT ALL
ELIGIBLE CHILDREN ARE BEING SERVED AND THAT THERE ARE NO CHILDREN ON THE WAITING LIST
THAT IS REQUIRED TO BE MAINTAINED PURSUANT TO SECTION 39(1)(D) WHO LIVE WITH FAMILIES
WITH A HOUSEHOLD INCOME THAT IS EQUAL TO OR LESS THAN 250% OF THE FEDERAL POVERTY
LEVEL, THE INTERMEDIATE DISTRICT MAY THEN ENROLL CHILDREN THAT LIVE WITH FAMILIES WITH
A HOUSEHOLD INCOME THAT IS EQUAL TO OR LESS THAN 300% OF THE FEDERAL POVERTY LEVEL.
THE ENROLLMENT PROCESS SHALL CONSIDER INCOME AND RISK FACTORS, SUCH THAT CHILDREN
DETERMINED WITH HIGHER NEED ARE ENROLLED PRIOR TO THOSE CHILDREN WITH LESSER NEED. FOR
PURPOSES OF THIS SUBDIVISION, ALL AGE-ELIGIBLE CHILDREN SERVED IN FOSTER CARE OR WHO
ARE EXPERIENCING HOMELESSNESS OR WHO HAVE INDIVIDUALIZED EDUCATION PLANS RECOMMENDING
PLACEMENT IN AN INCLUSIVE PRESCHOOL SETTING SHALL BE CONSIDERED TO LIVE WITH FAMILIES
WITH HOUSEHOLD INCOME EQUAL TO OR LESS THAN 250% OF THE FEDERAL POVERTY LEVEL
REGARDLESS OF ACTUAL FAMILY INCOME.
(c) Ensure that the applicant only uses qualified personnel for this program,
as follows:
(i) Teachers possessing proper training. For
programs managed directly by a
district or intermediate district A
LEAD TEACHER MUST HAVE
a valid teaching
certificate and WITH an early childhood (ZA or ZS)
endorsement are required. This
provision does not apply to an eligible child development
program. In that situation,
a teacher must have a valid Michigan teaching certificate
with an early childhood (ZA
or ZS) endorsement, a valid Michigan elementary teaching
certificate with a child
development associate credential, or a bachelor's degree in child
development OR EARLY
CHILDHOOD DEVELOPMENT with specialization in preschool teaching. However, if an
applicant demonstrates to the department that it is unable to fully comply with this
subparagraph after making reasonable efforts to comply, teachers who have significant
but incomplete training in early childhood education or child development may be used
if the applicant provides to the department, and the department approves, a plan for
each teacher to come into compliance with the standards in this subparagraph. A
teacher's compliance plan must be completed within 2 years of the date of employment.
Progress toward completion of the compliance plan shall consist of at least 2 courses
per calendar year.
(ii) Paraprofessionals possessing proper training in early childhood
development, including an associate's degree in early childhood education or child
development or the equivalent, or a child development associate (CDA) credential.
However, if an applicant demonstrates to the department that it is unable to fully
comply with this subparagraph after making reasonable efforts to comply, the applicant
may use paraprofessionals who have completed at least 1 course that earns college
credit in early childhood education or child development if the applicant provides to
the department, and the department approves, a plan for each paraprofessional to come
into compliance with the standards in this subparagraph. A paraprofessional's
compliance plan must be completed within 2 years of the date of employment. Progress
toward completion of the compliance plan shall consist of at least 2 courses or 60
clock hours of training per calendar year.
(d) Include a program budget that contains only those costs that are not
reimbursed or reimbursable by federal funding, that are clearly and directly
attributable to the great start readiness program, and that would not be incurred if
the program were not being offered. Eligible costs include transportation costs. The
program budget shall indicate the extent to which these funds will supplement other
federal, state, local, or private funds. Funds received under this section shall not
be used to supplant any federal funds received by the applicant to serve children
eligible for a federally funded preschool program that has the capacity to serve those
children.
(6) For a grant recipient that enrolls pupils in a school-day program funded
under this section, each child enrolled in the school-day program shall be counted as
2 children served by the program for purposes of determining the number of children to
be served and for determining the amount of the grant award. A grant award shall not
be increased solely on the basis of providing a school-day program.
(7) For a grant recipient that enrolls pupils in a GSRP/head start blended
program, the grant recipient shall ensure that all head start and GSRP policies and
regulations are applied to the blended slots, with adherence to the highest standard
from either program, to the extent allowable under federal law.
(8) An intermediate district or consortium of intermediate districts receiving
a grant under this section MUST DESIGNATE AN EARLY CHILDHOOD COORDINATOR, AND may
provide services directly or may contract with 1 or more districts or public or
private for-profit or nonprofit providers that meet all requirements of subsection (4)
and retain for administrative services PROVIDED BY THE INTERMEDIATE DISTRICT AND THE
SUB-RECIPIENTS LOCATED WITHIN THE INTERMEDIATE DISTRICT an amount equal to not more
than 7% of the grant amount. In addition, an intermediate district or consortium of
intermediate districts may expend not more than 2% of the total grant amount for
OUTREACH, recruiting and public awareness of the program.
(9) Each grant recipient shall enroll children identified under subsection
(5)(b) according to how far the child's household income is below 250% of the federal
poverty level by ranking each applicant child's household income from lowest to
highest and dividing the applicant children into quintiles based on how far the
child's household income is below 250% of the federal poverty level, and then
enrolling children in the quintile with the lowest household income before enrolling
children in the quintile with the next lowest household income until slots are
completely filled. IF THE GRANT RECIPIENT DETERMINES THAT ALL ELIGIBLE CHILDREN WHO
LIVE WITH FAMILIES WITH A HOUSEHOLD INCOME THAT IS EQUAL TO OR LESS THAN 250% OF THE
FEDERAL POVERTY LEVEL ARE BEING SERVED AND THAT THERE ARE NO CHILDREN ON THE WAITING
LIST THAT IS REQUIRED TO BE MAINTAINED PURSUANT TO SECTION 39(1)(D), THE GRANT
RECIPIENT MAY ENROLL CHILDREN THAT DO NOT LIVE WITH FAMILIES WITH A HOUSEHOLD INCOME
THAT IS EQUAL TO OR LESS THAN 300% OF THE FEDERAL POVERTY LEVEL ONLY IF THE ENROLLMENT
PROCESS CONSIDERS INCOME AND RISK FACTORS, SUCH THAT CHILDREN DETERMINED WITH HIGHER
NEED ARE ENROLLED PRIOR TO THOSE CHILDREN WITH LESSER NEED. FOR PURPOSES OF THIS
SUBDIVISION, ALL AGE-ELIGIBLE CHILDREN SERVED IN FOSTER CARE OR WHO ARE EXPERIENCING
HOMELESSNESS OR WHO HAVE INDIVIDUALIZED EDUCATION PLANS RECOMMENDING PLACEMENT IN AN
INCLUSIVE PRESCHOOL SETTING SHALL BE CONSIDERED TO LIVE WITH FAMILIES WITH HOUSEHOLD
INCOME EQUAL TO OR LESS THAN 250% OF THE FEDERAL POVERTY LEVEL REGARDLESS OF ACTUAL
FAMILY INCOME.
(10) An intermediate district or consortium of intermediate districts receiving
a grant under this section shall conduct a local process to contract with interested
and eligible public and private for-profit and nonprofit community-based providers
that meet all requirements of subsection (4) for at least 30% of its total slot
allocation. If the intermediate district or consortium is not able to contract for at
least 30% of its total slot allocation, the grant recipient shall notify the
department and, if the department verifies that the intermediate district or
consortium attempted to contract for at least 30% of its total slot allocation and was
not able to do so, then the intermediate district or consortium may retain and use all
of its allocated slots as provided under this section.
(11) A recipient of funds under this section shall report to the department in
a form and manner prescribed by the department the number of children participating in
the program who meet the income eligibility criteria under subsection (5)(b) and the
total number of children participating in the program. For children participating in
the program who meet the income eligibility criteria specified under subsection
(5)(b), a recipient shall also report whether or not a parent is available to provide
care based on employment status. For the purposes of this subsection, "employment
status" shall be defined by the department of human services in a manner consistent
with maximizing the amount of spending that may be claimed for temporary assistance
for needy families maintenance of effort purposes.
(12) As used in this section:
(a) "GSRP/head start blended program" means a part-day program funded under
this section and a head start program, which are combined for a school-day program.
(b) "Part-day program" means a program that operates at least 4 days per week,
30 weeks per year, for at least 3 hours of teacher-child contact time per day but for
fewer hours of teacher-child contact time per day than a school-day program.
(c) "School-day program" means a program that operates for at least the same
length of day as a district's first grade program for a minimum of 4 days per week, 30
weeks per year. A classroom that offers a school-day program must enroll all children
for the school day to be considered a school-day program.
(13) An intermediate district or consortium of intermediate districts receiving
funds under this section shall establish a sliding scale of tuition rates based upon
household income for children participating in an eligible great start readiness
program who live with families with a household income that
is more than 250% 300% of
the federal poverty level to be used by all of its providers, as approved by the
department. A grant recipient shall charge tuition according to that sliding scale of
tuition rates on a uniform basis for any child who does not meet the income
eligibility requirements under this section.
(14) The great start readiness reserve fund is
created as a separate account
within the state school aid fund established by section 11
of article IX of the state
constitution of 1963. Money available in the great start
readiness reserve fund may
not be expended for 2013-2014 unless transferred by the
legislature not later than
January 31, 2014 to the allocation under subsection (1) for
great start readiness
programs. Money in the great start readiness reserve fund
shall be expended only for
purposes for which state school aid fund money may be
expended. The state treasurer
shall direct the investment of the great start readiness
reserve fund. The state
treasurer shall credit to the great start readiness reserve
fund interest and earnings
from fund investments. Money in the great start readiness
reserve fund at the close of
a fiscal year shall remain in the great start readiness
reserve fund and shall not
lapse to the unreserved school aid fund balance or the
general fund.
Sec. 32p. (1) From the school aid fund
appropriation FUNDS APPROPRIATED in
section 11, there is allocated an amount not to exceed $10,900,000.00 to intermediate
districts for 2013-2014 2014-2015 for the purpose of providing early childhood funding
to intermediate school districts in block grants, supporting the activities under
subsection (2), and providing early childhood programs for children from birth through
age 8. Beginning in 2013-2014, the THE funding provided to each intermediate district
under this section shall be determined by the distribution formula established by the
department's office of great start to provide equitable funding statewide. In order to
receive funding under this section, each intermediate district shall provide an
application to the office of great start not later than September 15 of the
immediately preceding fiscal year indicating the activities planned to be provided.
(2) Each intermediate district or consortium of intermediate districts that
receives funding under this section shall convene a local great start collaborative
and a parent coalition. The goal of each great start collaborative and parent
coalition shall be to ensure the coordination and expansion of local early childhood
infrastructure and programs that allow every child in the community to achieve the
following outcomes:
(a) Children born healthy.
(b) Children healthy, thriving, and developmentally on track from birth to
third grade.
(c) Children developmentally ready to succeed in school at the time of school
entry.
(d) Children prepared to succeed in fourth grade and beyond by reading
proficiently by the end of third grade.
(3) Each local great start collaborative and parent
coalition shall convene a
workgroup to serve as a school readiness advisory committee
as required under section
32d and shall WORKGROUPS TO MAKE
RECOMMENDATIONS ABOUT COMMUNITY SERVICES DESIGNED TO
ACHIEVE THE OUTCOMES DESCRIBED ABOVE AND TO ensure that its local great start system
includes the following supports for children from birth through age 8:
(a) Physical health.
(b) Social-emotional health.
(c) Family supports and basic needs.
(d) Parent education and child advocacy.
(e) Early education and care.
(4) Not later than December 1 of each year, each intermediate district shall
provide a report to the department detailing the activities actually provided during
the immediately preceding school year and the families and children actually served.
The department shall compile and summarize these reports and submit its summary to the
house and senate appropriations subcommittees on school aid and to the house and
senate fiscal agencies NO
LATER THAN FEBRUARY 15 OF EACH YEAR. The block grants
allocated under this section implement legislative intent
language for this purpose
enacted in 2011 PA 62.
(5) An intermediate district or consortium of intermediate districts that
receives funding under this section may carry over any unexpended funds received under
this section into the next fiscal year and may expend those
unused funds in the
THROUGH JUNE 30 OF THE next fiscal year. A recipient of a grant shall return any
unexpended grant funds to the department in the manner prescribed by the department
not later than September 30 of the next fiscal year after the fiscal year in which the
funds are received.
Sec. 39. (1) An eligible applicant receiving funds under section 32d shall
submit a preapplication AN APPLICATION, in a form and manner prescribed by the
department, by a date specified by the department in the immediately preceding state
fiscal year. The preapplication APPLICATION shall include a comprehensive needs
assessment using aggregated data from the applicant's entire service area and a
community collaboration plan that is endorsed by the local great start collaborative
and is part of the community's great start strategic plan that includes, but is not
limited to, great start readiness program and head start providers, and shall identify
all of the following:
(a) The estimated total number of children in the community who meet the
criteria of section 32d and how that calculation was made.
(b) The estimated number of children in the community who meet the criteria of
section 32d and are being served by other early childhood development programs
operating in the community, and how that calculation was made.
(c) The number of children the applicant will be able to serve who meet the
criteria of section 32d including a verification of physical facility and staff
resources capacity.
(d) The estimated number of children who meet the criteria of section 32d who
will remain unserved after the applicant and community early childhood programs have
met their funded enrollments. The applicant shall maintain a waiting list of
identified unserved eligible children who would be served when openings are available.
(2) An AFTER
NOTIFICATION OF FUNDING ALLOCATIONS, AN applicant receiving funds
under section 32d shall also submit a final application
AN IMPLEMENTATION PLAN for
approval, in a form and manner prescribed by the department, by a date specified by
the department, that details how the applicant complies with the program components
established by the department pursuant to section 32d.
(3) The FOR
2014-2015, THE number
of prekindergarten children construed to be
in need of special readiness assistance under section 32d shall be calculated for each
applicant in the following manner: 1/2 of the percentage of the applicant's pupils in
grades 1 to 5 in all districts served by the applicant who are eligible for free
lunch, as determined using the district's pupil membership count as of the pupil
membership count day in the school year prior to the fiscal year for which the
calculation is made, under the Richard B. Russell national school lunch act, 42 USC
1751 to 1769i, shall be multiplied by the average kindergarten enrollment of the
districts served by the applicant on the pupil membership count day of the 2
immediately preceding fiscal years.
(4) The initial allocation for each fiscal year to each eligible applicant
under section 32d shall be determined by multiplying the number of children determined
by the formula under subsection (3) or the number of children the applicant indicates
it will be able to serve under subsection (1)(c), whichever
is less, by $3,625.00
$3,725.00 and shall be distributed among applicants in decreasing order of
concentration of eligible children as determined by the formula under subsection (3).
If the number of children an applicant indicates it will be able to serve under
subsection (1)(c) includes children able to be served in a school-day program, then
the number able to be served in a school-day program shall be doubled for the purposes
of making this calculation of the lesser of the number of children determined by the
formula under subsection (3) and the number of children the applicant indicates it
will be able to serve under subsection (1)(c) and determining the amount of the
initial allocation to the applicant under section 32d. A district may contract with a
head start agency to serve children enrolled in head start with a school-day program
by blending head start funds with a part-day great start readiness program allocation.
All head start and great start readiness program policies and regulations apply to the
blended program.
(5) If funds allocated for eligible applicants or
to the great start readiness
reserve fund under section 32d remain after the initial allocation
under subsection
(4), the allocation under this subsection shall be distributed to each eligible
applicant under section 32d in decreasing order of concentration of eligible children
as determined by the formula under subsection (3). The allocation shall be determined
by multiplying the number of children each district within the applicant's service
area served in the immediately preceding fiscal year or the number of children the
applicant indicates it will be able to serve under subsection (1)(c), whichever is
less, minus the number of children for which the applicant received funding in
subsection (4) by $3,625.00 $3,725.00.
(6) If funds allocated for eligible applicants or to the great start readiness
reserve fund under section 32d remain after the allocations under subsections (4) and
(5), remaining funds shall be distributed to each eligible applicant under section 32d
in decreasing order of concentration of eligible children as determined by the formula
under subsection (3). If the number of children the applicant indicates it will be
able to serve under subsection (1)(c) exceeds the number of children for which funds
have been received under subsections (4) and (5), the allocation under this subsection
shall be determined by multiplying the number of children the applicant indicates it
will be able to serve under subsection (1)(c) less the number of children for which
funds have been received under subsections (4) and (5) by $3,625.00
$3,725.00 until
the funds allocated for eligible applicants in section 32d are distributed.
(7) An applicant that offers supplementary child care funded by funds other
than those received under section 32d and therefore offers full-day programs as part
of its early childhood development program shall receive priority in the allocation of
funds under section 32d over other eligible applicants. As used in this subsection,
"full-day program" means a program that provides supplementary child care that totals
at least 10 hours of programming per day.
(8) If, taking into account the total amount to be allocated to the applicant
as calculated under this section, an applicant determines that it is able to include
additional eligible children in the great start readiness program without additional
funds under section 32d, the applicant may include additional eligible children but
shall not receive additional funding under section 32d for those children.
Sec. 39a. (1) From the federal funds appropriated in section 11, there is
allocated for 2013-2014 2014-2015 to districts, intermediate districts, and other
eligible entities all available federal funding, estimated
at $811,828,500.00
$807,969,900.00, for the federal programs under the no child left behind act of 2001,
Public Law 107-110. These funds are allocated as follows:
(a) An amount estimated at $10,808,600.00 $8,000,000.00 to provide students
with drug- and violence-prevention programs and to implement strategies to improve
school safety, funded from DED-OESE, drug-free schools and communities funds.
(b) An amount estimated at $111,111,900.00 for the purpose of preparing,
training, and recruiting high-quality teachers and class size reduction, funded from
DED-OESE, improving teacher quality funds.
(c) An amount estimated at $12,200,000.00 for programs to teach English to
limited English proficient (LEP) children, funded from DED-OESE, language acquisition
state grant funds.
(d) An amount estimated at $10,286,500.00 for the Michigan charter school
subgrant program, funded from DED-OESE, charter school funds.
(e) An amount estimated at $2,393,500.00 for rural and low income schools,
funded from DED-OESE, rural and low income school funds.
(f) An amount estimated at $591,500,000.00 to provide supplemental programs to
enable educationally disadvantaged children to meet challenging academic standards,
funded from DED-OESE, title I, disadvantaged children funds.
(g) An amount estimated at $8,878,000.00 for the purpose of identifying and
serving migrant children, funded from DED-OESE, title I, migrant education funds.
(h) An amount estimated at $40,050,000.00 $39,000,000.00 for the purpose of
providing high-quality extended learning opportunities, after school and during the
summer, for children in low-performing schools, funded from DED-OESE, twenty-first
century community learning center funds.
(i) An amount estimated at $24,600,000.00 to help support local school
improvement efforts, funded from DED-OESE, title I, local school improvement grants.
(2) From the federal funds appropriated in section 11, there is allocated for
2013-2014 2014-2015 to districts, intermediate districts,
and other eligible entities
all available federal funding, estimated at $31,700,000.00
$31,300,000.00 for the
following programs that are funded by federal grants:
(a) An amount estimated at $600,000.00 $200,000.00 for acquired
immunodeficiency syndrome education grants, funded from HHS – center for disease
control, AIDS funding.
(b) An amount estimated at $2,600,000.00 to provide services to homeless
children and youth, funded from DED-OVAE, homeless children and youth funds.
(c) An amount estimated at $28,500,000.00 for providing career and technical
education services to pupils, funded from DED-OVAE, basic grants to states.
(3) To the extent allowed under federal law, the
funds allocated under
subsection (1)(f) and (i) may be used for 1 or more reading
improvement programs that
meet at least 1 of the following:
(a) A research-based, validated, structured reading
program that aligns
learning resources to state standards and includes
continuous assessment of pupils and
individualized education plans for pupils.
(b) A mentoring program that is a research-based,
validated program or a
statewide 1-to-1 mentoring program and is designed to
enhance the independence and
life quality of pupils who are mentally impaired by providing
opportunities for
mentoring and integrated employment.
(c) A cognitive development program that is a
research-based, validated
educational service program focused on assessing and
building essential cognitive and
perceptual learning abilities to strengthen pupil
concentration and learning.
(d) A structured mentoring-tutorial reading program
for pupils in preschool to
grade 4 that is a research-based, validated program that
develops individualized
educational plans based on each pupil's age, assessed
needs, reading level, interests,
and learning style.
(3) (4) All federal funds
allocated under this section shall be distributed in
accordance with federal law and with flexibility provisions outlined in Public Law
107-116, and in the education flexibility partnership act of 1999, Public Law 106-25.
Notwithstanding section 17b, payments of federal funds to districts, intermediate
districts, and other eligible entities under this section shall be paid on a schedule
determined by the department.
(4) (5) For the purposes of
applying for federal grants appropriated under this
article, the department shall allow an intermediate district to submit a consortium
application on behalf of 2 or more districts with the agreement of those districts as
appropriate according to federal rules and guidelines.
(5) (6) As used in this section:
(a) "DED" means the United States department of education.
(b) "DED-OESE" means the DED office of elementary and secondary education.
(c) "DED-OVAE" means the DED office of vocational and adult education.
(d) "HHS" means the United States department of health and human services.
(e) "HHS-ACF" means the HHS administration for children and families.
Sec. 41. (1) From the appropriation in section
11, there is allocated an amount
not to exceed $1,200,000.00 for 2013-2014 2014-2015 to applicant districts and
intermediate districts offering programs of instruction for pupils of limited English-
speaking ability under section 1153 of the revised school
code, MCL 380.1153. Subject
to subsection (2), reimbursement REIMBURSEMENT shall be on a per-pupil basis and
shall
be based on the number of pupils of limited English-speaking ability in membership on
the pupil membership count day. Funds allocated under this section shall be used
solely for instruction in speaking, reading, writing, or comprehension of English. A
pupil shall not be counted under this section or instructed in a program under this
section for more than 3 years.
(2) A district or intermediate district shall not
receive funds under this
section if it allows pupils to participate in the program
of instruction who are not
residing in the United States legally.
Sec. 51a.(1) From the appropriation in section 11, there is allocated an amount
not to exceed $952,569,100.00 $938,946,100.00 for 2012-2013 and there is allocated an
amount not to exceed $980,446,100.00 for 2013-2014 2014-2015 from state sources and
all available federal funding under sections 611 to 619 of part B of the individuals
with disabilities education act, 20 USC 1411 to 1419,
estimated at $365,000,000.00 for
2012-2013, and estimated at $370,000,000.00 for 2013-2014 2014-2015, plus any
carryover federal funds from previous year appropriations. The allocations under this
subsection are for the purpose of reimbursing districts and intermediate districts for
special education programs, services, and special education personnel as prescribed in
article 3 of the revised school code, MCL 380.1701 to 380.1766; net tuition payments
made by intermediate districts to the Michigan schools for the deaf and blind; and
special education programs and services for pupils who are eligible for special
education programs and services according to statute or rule. For meeting the costs of
special education programs and services not reimbursed under this article, a district
or intermediate district may use money in general funds or special education funds,
not otherwise restricted, or contributions from districts to intermediate districts,
tuition payments, gifts and contributions from individuals or other entities, or
federal funds that may be available for this purpose, as determined by the
intermediate district plan prepared pursuant to article 3 of the revised school code,
MCL 380.1701 to 380.1766. All federal funds allocated
under this section in excess of
those allocated under this section for 2002-2003 may be
distributed in accordance with
the flexible funding provisions of the individuals with
disabilities education act,
Public Law 108-446, including, but not limited to, 34 CFR
300.206 and 300.208.
Notwithstanding section 17b, payments of federal funds to districts, intermediate
districts, and other eligible entities under this section shall be paid on a schedule
determined by the department.
(2) From the funds allocated under subsection (1), there is allocated the
amount necessary, estimated at $251,000,000.00 $252,000,000.00 for 2012-2013, and
estimated at $257,800,000.00 for 2013-2014 2014-2015,
for payments toward
reimbursing
districts and intermediate districts for 28.6138% of total approved costs of special
education, excluding costs reimbursed under section 53a, and 70.4165% of total
approved costs of special education transportation. Allocations under this subsection
shall be made as follows:
(a) The initial amount allocated to a district under this subsection toward
fulfilling the specified percentages shall be calculated by multiplying the district's
special education pupil membership, excluding pupils described in subsection (11),
times the foundation allowance under section 20 of the pupil's district of residence,
not to exceed the basic foundation allowance under section 20 for the current fiscal
year, or, for a special education pupil in membership in a district that is a public
school academy, times an amount equal to the amount per membership pupil calculated
under section 20(6) or, for a pupil described in this subsection who is counted in
membership in the education achievement system, times an amount equal to the amount
per membership pupil under section 20(7). For an intermediate district, the amount
allocated under this subdivision toward fulfilling the specified percentages shall be
an amount per special education membership pupil, excluding pupils described in
subsection (11), and shall be calculated in the same manner as for a district, using
the foundation allowance under section 20 of the pupil's district of residence, not to
exceed the basic foundation allowance under section 20 for the current fiscal year.
(b) After the allocations under subdivision (a), districts and intermediate
districts for which the payments calculated under subdivision (a) do not fulfill the
specified percentages shall be paid the amount necessary to achieve the specified
percentages for the district or intermediate district.
(3) From the funds allocated under subsection (1),
there is allocated each
fiscal year for 2012-2013 and for 2013-2014 FOR
2014-2015 an amount not
to exceed
$1,000,000.00 to make payments to districts and intermediate districts under this
subsection. If the amount allocated to a district or intermediate district for a
fiscal year under subsection (2)(b) is less than the sum of the amounts allocated to
the district or intermediate district for 1996-97 under sections 52 and 58, there is
allocated to the district or intermediate district for the fiscal year an amount equal
to that difference, adjusted by applying the same proration factor that was used in
the distribution of funds under section 52 in 1996-97 as adjusted to the district's or
intermediate district's necessary costs of special education used in calculations for
the fiscal year. This adjustment is to reflect reductions in special education program
operations or services between 1996-97 and subsequent fiscal years. Adjustments for
reductions in special education program operations or services shall be made in a
manner determined by the department and shall include adjustments for program or
service shifts.
(4) If the department determines that the sum of the amounts allocated for a
fiscal year to a district or intermediate district under subsection (2)(a) and (b) is
not sufficient to fulfill the specified percentages in subsection (2), then the
shortfall shall be paid to the district or intermediate district during the fiscal
year beginning on the October 1 following the determination and payments under
subsection (3) shall be adjusted as necessary. If the department determines that the
sum of the amounts allocated for a fiscal year to a district or intermediate district
under subsection (2)(a) and (b) exceeds the sum of the amount necessary to fulfill the
specified percentages in subsection (2), then the department shall deduct the amount
of the excess from the district's or intermediate district's payments under this
article for the fiscal year beginning on the October 1 following the determination and
payments under subsection (3) shall be adjusted as necessary. However, if the amount
allocated under subsection (2)(a) in itself exceeds the amount necessary to fulfill
the specified percentages in subsection (2), there shall be no deduction under this
subsection.
(5) State funds shall be allocated on a total approved cost basis. Federal
funds shall be allocated under applicable federal requirements, except that an amount
not to exceed $3,500,000.00 may be allocated by the
department each fiscal year for
2012-2013 and for 2013-2014 FOR
2014-2015 to districts,
intermediate districts, or
other eligible entities on a competitive grant basis for programs, equipment, and
services that the department determines to be designed to benefit or improve special
education on a statewide scale.
(6) From the amount allocated in subsection (1), there is allocated an amount
not to exceed $2,200,000.00 each fiscal year for
2012-2013 and for 2013-2014 FOR 2014-
2015 to reimburse 100% of the net increase in necessary costs incurred by a district
or intermediate district in implementing the revisions in the administrative rules for
special education that became effective on July 1, 1987. As used in this subsection,
"net increase in necessary costs" means the necessary additional costs incurred solely
because of new or revised requirements in the administrative rules minus cost savings
permitted in implementing the revised rules. Net increase in necessary costs shall be
determined in a manner specified by the department.
(7) For purposes of sections 51a to 58, all of the following apply:
(a) "Total approved costs of special education" shall be determined in a manner
specified by the department and may include indirect costs, but shall not exceed 115%
of approved direct costs for section 52 and section 53a programs. The total approved
costs include salary and other compensation for all approved special education
personnel for the program, including payments for social security and medicare and
public school employee retirement system contributions. The total approved costs do
not include salaries or other compensation paid to administrative personnel who are
not special education personnel as defined in section 6 of the revised school code,
MCL 380.6. Costs reimbursed by federal funds, other than those federal funds included
in the allocation made under this article, are not included. Special education
approved personnel not utilized full time in the evaluation of students or in the
delivery of special education programs, ancillary, and other related services shall be
reimbursed under this section only for that portion of time actually spent providing
these programs and services, with the exception of special education programs and
services provided to youth placed in child caring institutions or juvenile detention
programs approved by the department to provide an on-grounds education program.
(b) Beginning with the 2004-2005 fiscal year, a district or intermediate
district that employed special education support services staff to provide special
education support services in 2003-2004 or in a subsequent fiscal year and that in a
fiscal year after 2003-2004 receives the same type of support services from another
district or intermediate district shall report the cost of those support services for
special education reimbursement purposes under this article. This subdivision does not
prohibit the transfer of special education classroom teachers and special education
classroom aides if the pupils counted in membership associated with those special
education classroom teachers and special education classroom aides are transferred and
counted in membership in the other district or intermediate district in conjunction
with the transfer of those teachers and aides.
(c) If the department determines before bookclosing for a fiscal year that the
amounts allocated for that fiscal year under subsections (2), (3), (6), and (11) and
sections 53a, 54, and 56 will exceed expenditures for that fiscal year under
subsections (2), (3), (6), and (11) and sections 53a, 54, and 56, then for a district
or intermediate district whose reimbursement for that fiscal year would otherwise be
affected by subdivision (b), subdivision (b) does not apply to the calculation of the
reimbursement for that district or intermediate district and reimbursement for that
district or intermediate district shall be calculated in the same manner as it was for
2003-2004. If the amount of the excess allocations under subsections (2), (3), (6),
and (11) and sections 53a, 54, and 56 is not sufficient to fully fund the calculation
of reimbursement to those districts and intermediate districts under this subdivision,
then the calculations and resulting reimbursement under this subdivision shall be
prorated on an equal percentage basis. This reimbursement shall not be made after
2014-2015.
(d) Reimbursement for ancillary and other related services, as defined by R
340.1701c of the Michigan administrative code, shall not be provided when those
services are covered by and available through private group health insurance carriers
or federal reimbursed program sources unless the department and district or
intermediate district agree otherwise and that agreement is approved by the state
budget director. Expenses, other than the incidental expense of filing, shall not be
borne by the parent. In addition, the filing of claims shall not delay the education
of a pupil. A district or intermediate district shall be responsible for payment of a
deductible amount and for an advance payment required until the time a claim is paid.
(e) Beginning with calculations for 2004-2005, if an intermediate district
purchases a special education pupil transportation service from a constituent district
that was previously purchased from a private entity; if the purchase from the
constituent district is at a lower cost, adjusted for changes in fuel costs; and if
the cost shift from the intermediate district to the constituent does not result in
any net change in the revenue the constituent district receives from payments under
sections 22b and 51c, then upon application by the intermediate district, the
department shall direct the intermediate district to continue to report the cost
associated with the specific identified special education pupil transportation service
and shall adjust the costs reported by the constituent district to remove the cost
associated with that specific service.
(8) A pupil who is enrolled in a full-time special education program conducted
or administered by an intermediate district or a pupil who is enrolled in the Michigan
schools for the deaf and blind shall not be included in the membership count of a
district, but shall be counted in membership in the intermediate district of
residence.
(9) Special education personnel transferred from 1 district to another to
implement the revised school code shall be entitled to the rights, benefits, and
tenure to which the person would otherwise be entitled had that person been employed
by the receiving district originally.
(10) If a district or intermediate district uses money received under this
section for a purpose other than the purpose or purposes for which the money is
allocated, the department may require the district or intermediate district to refund
the amount of money received. Money that is refunded shall be deposited in the state
treasury to the credit of the state school aid fund.
(11) From the funds allocated in subsection (1), there is allocated the amount
necessary, estimated at $4,300,000.00 for 2012-2013, and
estimated at $4,300,000.00
$3,300,000.00 for 2013-2014 2014-2015, to pay the foundation allowances for pupils
described in this subsection. The allocation to a district under this subsection shall
be calculated by multiplying the number of pupils described in this subsection who are
counted in membership in the district times the foundation allowance under section 20
of the pupil's district of residence, not to exceed the basic foundation allowance
under section 20 for the current fiscal year, or, for a pupil described in this
subsection who is counted in membership in a district that is a public school academy,
times an amount equal to the amount per membership pupil under section 20(6) or, for a
pupil described in this subsection who is counted in membership in the education
achievement system, times an amount equal to the amount per membership pupil under
section 20(7). The allocation to an intermediate district under this subsection shall
be calculated in the same manner as for a district, using the foundation allowance
under section 20 of the pupil's district of residence, not to exceed the basic
foundation allowance under section 20 for the current fiscal year. This subsection
applies to all of the following pupils:
(a) Pupils described in section 53a.
(b) Pupils counted in membership in an intermediate district who are not
special education pupils and are served by the intermediate district in a juvenile
detention or child caring facility.
(c) Pupils with an emotional impairment counted in membership by an
intermediate district and provided educational services by the department of community
health.
(12) If it is determined that funds allocated under subsection (2) or (11) or
under section 51c will not be expended, funds up to the amount necessary and available
may be used to supplement the allocations under subsection (2) or (11) or under
section 51c in order to fully fund those allocations. After payments under subsections
(2) and (11) and section 51c, the remaining expenditures from the allocation in
subsection (1) shall be made in the following order:
(a) 100% of the reimbursement required under section 53a.
(b) 100% of the reimbursement required under subsection (6).
(c) 100% of the payment required under section 54.
(d) 100% of the payment required under subsection (3).
(e) 100% of the payments under section 56.
(13) The allocations under subsections (2), (3), and (11) shall be allocations
to intermediate districts only and shall not be allocations to districts, but instead
shall be calculations used only to determine the state payments under section 22b.
(14) If a public school academy enrolls pursuant to this section a pupil who
resides outside of the intermediate district in which the public school academy is
located and who is eligible for special education programs and services according to
statute or rule, or who is a child with disabilities, as defined under the individuals
with disabilities education act, Public Law 108-446, the provision of special
education programs and services and the payment of the added costs of special
education programs and services for the pupil are the responsibility of the district
and intermediate district in which the pupil resides unless the enrolling district or
intermediate district has a written agreement with the district or intermediate
district in which the pupil resides or the public school academy for the purpose of
providing the pupil with a free appropriate public education and the written agreement
includes at least an agreement on the responsibility for the payment of the added
costs of special education programs and services for the pupil.
Sec. 51c. As required by the court in the consolidated cases known as Durant v
State of Michigan, Michigan supreme court docket no. 104458-104492, from the
allocation under section 51a(1), there is allocated each
fiscal year for 2012-2013 and
for 2013-2014 the amount necessary, estimated at $642,000,000.00 for
2012-2013, and
estimated at $662,200,000.00 $630,500,000.00 for 2013-2014 2014-2015, for payments to
reimburse districts for 28.6138% of total approved costs of special education
excluding costs reimbursed under section 53a, and 70.4165% of total approved costs of
special education transportation. Funds allocated under this section that are not
expended in the state fiscal year for which they were allocated, as determined by the
department, may be used to supplement the allocations under sections 22a and 22b in
order to fully fund those calculated allocations for the same fiscal year.
Sec. 51d. (1) From the federal funds appropriated in section 11, there is
allocated for 2013-2014 2014-2015 all available federal funding, estimated at
$74,000,000.00, for special education programs AND SERVICES that are funded by federal
grants. All federal funds allocated under this section shall be distributed in
accordance with federal law. Notwithstanding section 17b, payments of federal funds to
districts, intermediate districts, and other eligible entities under this section
shall be paid on a schedule determined by the department.
(2) From the federal funds allocated under subsection (1), the following
amounts are allocated for 2013-2014 2014-2015:
(a) An amount estimated at $15,000,000.00 for handicapped infants and toddlers,
funded from DED-OSERS, handicapped infants and toddlers funds.
(b) An amount estimated at $14,000,000.00 for preschool grants (Public Law 94-
142), funded from DED-OSERS, handicapped preschool incentive funds.
(c) An amount estimated at $45,000,000.00 for special education programs funded
by DED-OSERS, handicapped program, individuals with disabilities act funds.
(3) As used in this section, "DED-OSERS" means the United States department of
education office of special education and rehabilitative services.
Sec. 53a. (1) For districts, reimbursement for pupils described in subsection
(2) shall be 100% of the total approved costs of operating special education programs
and services approved by the department and included in the intermediate district plan
adopted pursuant to article 3 of the revised school code, MCL 380.1701 to 380.1766,
minus the district's foundation allowance calculated under section 20. For
intermediate districts, reimbursement for pupils described in subsection (2) shall be
calculated in the same manner as for a district, using the foundation allowance under
section 20 of the pupil's district of residence, not to exceed the basic foundation
allowance under section 20 for the current fiscal year.
(2) Reimbursement under subsection (1) is for the following special education
pupils:
(a) Pupils assigned to a district or intermediate district through the
community placement program of the courts or a state agency, if the pupil was a
resident of another intermediate district at the time the pupil came under the
jurisdiction of the court or a state agency.
(b) Pupils who are residents of institutions operated by the department of
community health.
(c) Pupils who are former residents of department of community health
institutions for the developmentally disabled who are placed in community settings
other than the pupil's home.
(d) Pupils enrolled in a department-approved on-grounds educational program
longer than 180 days, but not longer than 233 days, at a residential child care
institution, if the child care institution offered in 1991-92 an on-grounds
educational program longer than 180 days but not longer than 233 days.
(e) Pupils placed in a district by a parent for the purpose of seeking a
suitable home, if the parent does not reside in the same intermediate district as the
district in which the pupil is placed.
(3) Only those costs that are clearly and directly attributable to educational
programs for pupils described in subsection (2), and that would not have been incurred
if the pupils were not being educated in a district or intermediate district, are
reimbursable under this section.
(4) The costs of transportation shall be funded under this section and shall
not be reimbursed under section 58.
(5) Not more than $13,500,000.00 $10,500,000.00 of the allocation for 2013-2014
2014-2015 in section 51a(1) shall be allocated under this section.
Sec. 54. Each intermediate district shall receive an amount per pupil for each
pupil in attendance at the Michigan schools for the deaf and blind. The amount shall
be proportionate to the total instructional cost at each school. Not more than
$1,688,000.00 of the allocation for 2013-2014 2014-2015 in section 51a(1) shall be
allocated under this section.
Sec. 56. (1) For the purposes of this section:
(a) "Membership" means for a particular fiscal year the total membership for
the immediately preceding fiscal year of the intermediate district and the districts
constituent to the intermediate district.
(b) "Millage levied" means the millage levied for special education pursuant to
part 30 of the revised school code, MCL 380.1711 to 380.1743, including a levy for
debt service obligations.
(c) "Taxable value" means the total taxable value of the districts constituent
to an intermediate district, except that if a district has elected not to come under
part 30 of the revised school code, MCL 380.1711 to 380.1743, membership and taxable
value of the district shall not be included in the membership and taxable value of the
intermediate district.
(2) From the allocation under section 51a(1), there is allocated an amount not
to exceed $37,758,100.00 for 2013-2014 2014-2015 to reimburse intermediate districts
levying millages for special education pursuant to part 30 of the revised school code,
MCL 380.1711 to 380.1743. The purpose, use, and expenditure of the reimbursement shall
be limited as if the funds were generated by these millages and governed by the
intermediate district plan adopted pursuant to article 3 of the revised school code,
MCL 380.1701 to 380.1766. As a condition of receiving funds under this section, an
intermediate district distributing any portion of special education millage funds to
its constituent districts shall submit for departmental approval and implement a
distribution plan.
(3) Reimbursement for those millages levied in 2012-2013
2013-2014 shall be
made in 2013-2014 2014-2015 at an
amount per 2012-2013 2013-2014 membership pupil
computed by subtracting from $169,900.00 $172,200.00 the 2012-2013 2013-2014 taxable
value behind each membership pupil and multiplying the resulting difference by the
2012-2013 2013-2014 millage levied.
(4) The amount paid to a single intermediate district under this section shall
not exceed 62.9% of the total amount allocated under subsection (2).
(5) The amount paid to a single intermediate district under this section shall
not be less than 75% of the amount allocated to the intermediate district under this
section for the immediately preceding fiscal year.
Sec. 61a. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $26,611,300.00 for 2013-2014 2014-2015 to reimburse on an added
cost basis districts, except for a district that served as the fiscal agent for a
vocational education consortium in the 1993-94 school year, and secondary area
vocational-technical education centers for secondary-level career and technical
education programs according to rules approved by the superintendent. Applications for
participation in the programs shall be submitted in the form prescribed by the
department. The department shall determine the added cost for each career and
technical education program area. The allocation of added cost funds shall be based on
the type of career and technical education programs provided, the number of pupils
enrolled, and the length of the training period provided, and shall not exceed 75% of
the added cost of any program. With the approval of the department, the board of a
district maintaining a secondary career and technical education program may offer the
program for the period from the close of the school year until September 1. The
program shall use existing facilities and shall be operated as prescribed by rules
promulgated by the superintendent.
(2) Except for a district that served as the fiscal agent for a vocational
education consortium in the 1993-94 school year, districts and intermediate districts
shall be reimbursed for local career and technical education administration, shared
time career and technical education administration, and career education planning
district career and technical education administration. The definition of what
constitutes administration and reimbursement shall be pursuant to guidelines adopted
by the superintendent. Not more than $800,000.00 of the allocation in subsection (1)
shall be distributed under this subsection.
(3) In addition to the funds allocated in subsection (1), from the
appropriation in section 11, there is allocated an amount not to exceed $1,000,000.00
for 2013-2014 2014-2015 districts or intermediate districts
for area career and
technical education centers for the purpose of integrating the Michigan merit
curriculum content standards under sections 1278a and 1278b of the revised school
code, MCL 380.1278a and 380.1278b, into state-approved career and technical education
instructional programs for the purpose of awarding academic credit. The department
shall determine the allocation to each career and technical education center in a
manner that provides for maximum integration of Michigan merit curriculum content
standards statewide.
Sec. 62. (1) For the purposes of this section:
(a) "Membership" means for a particular fiscal year the total membership for
the immediately preceding fiscal year of the intermediate district and the districts
constituent to the intermediate district or the total membership for the immediately
preceding fiscal year of the area vocational-technical program.
(b) "Millage levied" means the millage levied for area vocational-technical
education pursuant to sections 681 to 690 of the revised school code, MCL 380.681 to
380.690, including a levy for debt service obligations incurred as the result of
borrowing for capital outlay projects and in meeting capital projects fund
requirements of area vocational-technical education.
(c) "Taxable value" means the total taxable value of the districts constituent
to an intermediate district or area vocational-technical education program, except
that if a district has elected not to come under sections 681 to 690 of the revised
school code, MCL 380.681 to 380.690, the membership and taxable value of that district
shall not be included in the membership and taxable value of the intermediate
district. However, the membership and taxable value of a district that has elected not
to come under sections 681 to 690 of the revised school code, MCL 380.681 to 380.690,
shall be included in the membership and taxable value of the intermediate district if
the district meets both of the following:
(i) The district operates the area vocational-technical education program
pursuant to a contract with the intermediate district.
(ii) The district contributes an annual amount to the operation of the program
that is commensurate with the revenue that would have been raised for operation of the
program if millage were levied in the district for the program under sections 681 to
690 of the revised school code, MCL 380.681 to 380.690.
(2) From the appropriation in section 11, there is allocated an amount not to
exceed $9,190,000.00 for 2013-2014 2014-2015 to reimburse intermediate districts and
area vocational-technical education programs established under section 690(3) of the
revised school code, MCL 380.690, levying millages for area vocational-technical
education pursuant to sections 681 to 690 of the revised school code, MCL 380.681 to
380.690. The purpose, use, and expenditure of the reimbursement shall be limited as if
the funds were generated by those millages.
(3) Reimbursement for the millages levied in 2012-2013
2013-2014 shall be made
in 2013-2014 2014-2015 at an amount per 2012-2013 2013-2014 membership pupil computed
by subtracting from $186,500.00 $188,100.00 the 2012-2013 2013-2014 taxable value
behind each membership pupil and multiplying the resulting
difference by the 2012-2013
2013-2014 millage levied.
(4) The amount paid to a single intermediate district under this section shall
not exceed 38.4% of the total amount allocated under subsection (2).
(5) The amount paid to a single intermediate district under this section shall
not be less than 75% of the amount allocated to the intermediate district under this
section for the immediately preceding fiscal year.
Sec. 64b. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $1,750,000.00 for 2014-2015 for supplemental payments to
districts that support the attendance of district pupils in grades 9 to 12 under the
postsecondary enrollment options act, mcl 388.511 to 388.524, or under the career and
technical preparation act, mcl 388.1901 to 388.1913, consistent with provisions under
section 21b.
(2) to be eligible for payments under this section, a district shall do all of
the following:
(a) provide information to all high school students on postsecondary enrollment
options, including enrollment eligibility, the institutions and types of courses that
are eligible for participation, the decision making process for granting academic
credit, and an explanation of eligible charges that will be paid by the school
district.
(b) enters into a written agreement with a postsecondary institution prior to
the enrollment of district pupils.
(c) agrees to pay all eligible charges pursuant to section 21b.
(d) awards high school credit for the postsecondary course if the pupil
successfully completes the course.
(3) funds shall be awarded to districts in the following manner:
(a) a payment of $10.00 per credit, for up to 3 credits, For each pupil that
enrolls in a credit-bearing course at an eligible postsecondary institution during the
2014-2015 fiscal year.
(b) an additional payment of $30.00 per pupil per course identified in (a), if
the pupil successfully completes, and is awarded both high school and postsecondary
credit for the course in 2014-2015.
(4) a district requesting payment under this section shall submit an
application to the department in a form and manner prescribed by the department.
notwithstanding section 17b, payments under this section shall be made on a schedule
determined by the department.
Sec. 64c. (1) The department shall commission an independent third party at a
cost of no more than $250,000.00 to conduct a study and prepare a report analyzing the
State’s current career readiness education system.
(2) The purpose of the study shall be to research current high school and
postsecondary curriculum and facilities and develop recommendations FOR the
implementation of a statewide system to support career pathways that lead to education
and training opportunities to lessen the existing talent gap in the state.
(3) The study shall, AT A MINIMUM, include recommendations that address the
following:
(A) Identification of redundancy of roles, programs and capital infrastructure
among public schools, intermediate districts, community colleges and universities in
providing high-skilled degrees and credentials and make recommendations to better
coordinate those roles, programs and facilities.
(b) DEVELOPMENT OF a statewide strategy and related policies that will result
in more coordinated and expedited pathways for students to obtain high-skilled college
degrees and credentials, regardless of point of entry.
(c) PROPOSED metrics that can BE useD to measure THE STATE’S success towardS
achieving the DESIRED OUTCOMES.
(d) IDENTIFICATION OF specific barriers for students, AND POTENTIAL WAYS TO
ADDRESS THOSE BARRIERS.
(4) the department shall ensure that educators and the business community are
solicited for their input as part of the study.
(5) the report summarizing the results of the study under this section shall be
presented to the department no later than september 30, 2015.
Sec. 74. (1) From the amount appropriated in section 11, there is allocated an
amount not to exceed $3,299,000.00 $3,316,500.00 for 2013-2014 2014-2015 for the
purposes of this section.
(2) From the allocation in subsection (1), there is allocated for each fiscal
year the amount necessary for payments to state supported colleges or universities and
intermediate districts providing school bus driver safety instruction pursuant to
section 51 of the pupil transportation act, 1990 PA 187, MCL 257.1851. The payments
shall be in an amount determined by the department not to exceed the actual cost of
instruction and driver compensation for each public or nonpublic school bus driver
attending a course of instruction. For the purpose of computing compensation, the
hourly rate allowed each school bus driver shall not exceed the hourly rate received
for driving a school bus. Reimbursement compensating the driver during the course of
instruction shall be made by the department to the college or university or
intermediate district providing the course of instruction.
(3) From the allocation in subsection (1), there is
allocated each fiscal year
for 2014-2015 the amount necessary to pay the reasonable costs of nonspecial education
auxiliary services transportation provided pursuant to section 1323 of the revised
school code, MCL 380.1323. Districts funded under this subsection shall not receive
funding under any other section of this article for nonspecial education auxiliary
services transportation.
(4) From the funds allocated in subsection (1), there is allocated an amount
not to exceed $1,674,000.00 $1,691,500.00 for 2013-2014 2014-2015 for reimbursement to
districts and intermediate districts for costs associated with the inspection of
school buses and pupil transportation vehicles by the department of state police as
required under section 715a of the Michigan vehicle code, 1949 PA 300, MCL 257.715a,
and section 39 of the pupil transportation act, 1990 PA 187, MCL 257.1839. The
department of state police shall prepare a statement of costs attributable to each
district for which bus inspections are provided and submit it to the department and to
an intermediate district serving as fiduciary in a time and manner determined jointly
by the department and the department of state police. Upon review and approval of the
statement of cost, the department shall forward to the designated intermediate
district serving as fiduciary the amount of the reimbursement on behalf of each
district and intermediate district for costs detailed on the statement within 45 days
after receipt of the statement. The designated intermediate district shall make
payment in the amount specified on the statement to the department of state police
within 45 days after receipt of the statement. The total reimbursement of costs under
this subsection shall not exceed the amount allocated under this subsection.
Notwithstanding section 17b, payments to eligible entities under this subsection shall
be paid on a schedule prescribed by the department.
Sec. 81. (1) Except as otherwise provided in this section, from the
appropriation in section 11, there is allocated each
fiscal year for 2012-2013 and for
2013-2014 2014-2015 to the intermediate districts the
sum necessary, but not to exceed
$64,115,100.00 each fiscal year $64,115,000.00, to provide state aid to
intermediate
districts under this section.
(2) From the allocation in subsection (1), there is allocated an amount not to
exceed $62,108,000.00 for allocations to each intermediate
district for 2012-2013
2014-2015 in an amount equal to 100% of the amount allocated to the intermediate
district under this subsection for 2011-2012. From the
allocation in subsection (1),
there is allocated an amount not to exceed $62,108,000.00
for allocations to each
intermediate district for 2013-2014 in an amount equal to
100.0% of the amount
allocated to the intermediate district under this
subsection for 2012-2013 2013-2014.
Funding provided under this section shall be used to comply with requirements of this
article and the revised school code that are applicable to intermediate districts, and
for which funding is not provided elsewhere in this article, and to provide technical
assistance to districts as authorized by the intermediate school board.
(3) Intermediate districts receiving funds under subsection (2) shall
collaborate with the department to develop expanded professional development
opportunities for teachers to update and expand their knowledge and skills needed to
support the Michigan merit curriculum.
(4) From the allocation in subsection (1), there is allocated to an
intermediate district, formed by the consolidation or annexation of 2 or more
intermediate districts or the attachment of a total intermediate district to another
intermediate school district or the annexation of all of the constituent K-12
districts of a previously existing intermediate school district which has
disorganized, an additional allotment of $3,500.00 each fiscal year for each
intermediate district included in the new intermediate district for 3 years following
consolidation, annexation, or attachment. From the allocation in subsection (1), there
is allocated $7,000.00 for purposes of this subsection for 2012-2013, for 2013-2014,
and for 2014-2015, after which the payment under this subsection will cease.
(5) In order to receive funding under subsection (2), an intermediate district
shall do all of the following:
(a) Demonstrate to the satisfaction of the department that the intermediate
district employs at least 1 person who is trained in pupil accounting and auditing
procedures, rules, and regulations.
(b) Demonstrate to the satisfaction of the department that the intermediate
district employs at least 1 person who is trained in rules, regulations, and district
reporting procedures for the individual-level student data that serves as the basis
for the calculation of the district and high school graduation and dropout rates.
(c) Comply with sections 1278a and 1278b of the revised school code, MCL
380.1278a and 380.1278b.
(d) Furnish data and other information required by state and federal law to the
center and the department in the form and manner specified by the center or the
department, as applicable.
(e) Comply with section 1230g of the revised school code, MCL 380.1230g.
(f) Comply with section 761 of the revised school code, MCL 380.761.
(6) From the allocation in subsection (1), there
is allocated an amount not to
exceed $2,000,000.00 for 2012-2013 for an incentive payment
to each intermediate
district that meets best practices as determined by the
department under this
subsection. The amount of the incentive payment is an
amount equal to 3.2% of the
amount allocated to the intermediate district under
subsection (2). An intermediate
district is eligible for an incentive payment under this
subsection if the
intermediate district satisfies at least 4 of the following
requirements not later
than June 1, 2013:
(a) The intermediate district enters into an
agreement with the department to
do all of the following:
(i) Develop a service consolidation plan in
2012-2013 to reduce operating costs
that is in compliance with guidelines that were developed
by the department for former
section 11d as that section was in effect for 2010-2011.
(ii) Implement the service consolidation plan
in 2013-2014 and report to the
department not later than February 1, 2014 on the
intermediate district's progress in
implementing the service consolidation plan.
(b) The intermediate district has obtained
competitive bids on the provision of
1 or more noninstructional services for the intermediate
district or its constituent
districts with a value of at least $50,000.00.
(c) The intermediate district develops a technology
plan in accordance with
department policy on behalf of all constituent districts
within the intermediate
district that integrates technology into the classroom and
prepares teachers to use
digital technologies as part of the instructional program
of each of its constituent
districts.
(d) The intermediate district provides to parents
and community members a
dashboard or report card demonstrating the intermediate
district's efforts to manage
its finances responsibly. The dashboard or report card
shall include at least all of
the following for the 3 most recent school years for which
the data are available:
(i) A list of services offered by the
intermediate district that are shared by
other local or intermediate districts and a list of the
districts or intermediate
districts that participate.
(ii) The total cost savings to local or other
intermediate districts that share
services with the intermediate district.
(iii) The number and percentage of teachers
in the intermediate district
service area that are trained to integrate technology into
the classroom.
(iv) The total funds received from levying
special education and vocational
education millages, and the number of special education and
vocational education
pupils served with those dollars.
(v) The number and percentage of
individualized education programs developed
for special education pupils that contain academic goals.
(e) The intermediate district works in a consortium
with 1 or more other
intermediate districts to develop information management
system requirements and bid
specifications that can be used as statewide models. At a
minimum, these
specifications shall include pupil management systems for
both general and special
education, learning management tools, and business
services.
(6) (7) From the allocation in
subsection (1), there is allocated an amount not
to exceed $2,000,000.00 for 2013-2014 2014-2015 for an incentive payment to each
intermediate district that meets best practices as determined by the department under
this subsection. The amount of the incentive payment is an amount equal to 3.2% of the
amount allocated to the intermediate district under subsection (2). An intermediate
district is eligible for an incentive payment under this subsection if the
intermediate district satisfies at least 5 of the following requirements not later
than June 1, 2014 2015:
(a) The intermediate district enters into an agreement with the department to
comply with all of the following:
(i) If the intermediate district developed a service consolidation plan in
2012-2013 2013-2014, implement the service
consolidation plan in 2013-2014 2014-2015
and report to the department not later than February 1, 2014
2015 on the intermediate
district's progress in implementing the service consolidation plan.
(ii) If the intermediate district did not develop a service consolidation plan
in 2012-2013 OR
2013-2014, develop a
service consolidation plan in 2013-2014 2014-2015
to reduce operating costs that is in compliance with guidelines that were developed by
the department for former section 11d as that section was in effect for 2010-2011.
(iii) If the intermediate district
developed a service consolidation plan in
2013-2014, implement the service consolidation plan in
2014-2015 and report to the
department not later than February 1, 2015 on the
intermediate district's progress in
implementing the service consolidation plan.
(III) (iv) Make the
intermediate district's service consolidation plan publicly
available on the intermediate district's website.
(b) The intermediate district has obtained competitive bids on the provision of
1 or more noninstructional services for the intermediate district or its constituent
districts with a value of at least $50,000.00. The unfunded accrued liability costs
for retirement and other benefits shall be excluded from the intermediate district's
current costs for the purpose of comparing competitive bids to the current costs of
providing services.
(c) The intermediate district develops a technology plan in accordance with
department policy on behalf of all constituent districts within the intermediate
district that integrates technology into the classroom and prepares teachers to use
digital technologies as part of the instructional program of each of its constituent
districts. An intermediate district that developed a technology plan in 2012-2013 OR
2013-2014 shall begin implementing CONTINUE TO IMPLEMENT that technology plan in 2013-
2014 2014-2015.
(d) The intermediate district provides to parents and community members a
dashboard or report card demonstrating the intermediate district's efforts to manage
its finances responsibly. The dashboard or report card shall include revenue and
expenditure projections for the intermediate district for 2013-2014
and 2014-2015 AND
2015-2016, a listing of all debt service obligations, detailed by project, including
anticipated 2013-2014 2014-2015
payment for each project, a listing of total
outstanding debt, and at least all of the following for the 3 most recent school years
for which the data are available:
(i) A list of services offered by the intermediate district that are shared by
other local or intermediate districts and a list of the districts or intermediate
districts that participate.
(ii) The total cost savings to local or other intermediate districts that share
services with the intermediate district.
(iii) The number and percentage of teachers in the intermediate district
service area that are trained to integrate technology into the classroom.
(iv) The total funds received from levying special education and vocational
education millages, and the number of special education and vocational education
pupils served with those dollars.
(v) The number and percentage of individualized education programs developed
for special education pupils that contain academic goals.
(e) The intermediate district works in a consortium with 1 or more other
intermediate districts and the center to develop local information management system
requirements and bid specifications that result in a recommended model information
system that supports interoperability to ensure linkage and connectivity in a manner
that facilitates the efficient exchange of data among districts, intermediate
districts, and the center. At a minimum, these specifications shall include pupil
management systems for both general and special education, learning management tools,
and business services.
(f) If an intermediate district provides medical, pharmacy, dental, vision,
disability, long-term care, or any other type of benefit that would constitute a
health care services benefit, to employees and their dependents, the intermediate
district is the policyholder for each of its insurance policies that covers 1 or more
of these benefits. An intermediate district that does not directly employ its staff or
an intermediate district with a voluntary employee beneficiary association that pays
no more than the maximum per employee contribution amount and that contributes no more
than the maximum employer contribution percentage of total annual costs for the
medical benefit plans as described in sections 3 and 4 of the publicly funded health
insurance contribution act, 2011 PA 152, MCL 15.563 and 15.564, is considered to have
satisfied this requirement.
SEC. 94. (1) From the general fund appropriation in Section 11, there is
allocated for 2014-2015 an amount not to exceed $250,000.00 for efforts to increasE
the number of PUPILS who participate and succeed in advanced placement AND
INTERNATIONAL BACCALAUREATE programs.
(2) FUNDS awarded under this section shall be used to cover part or all of the
costs of advanced placement test fees OR INTERNATIONAL BACCALAUREATE TEST FEES for low
income PUPILS who take an advanced placement OR AN INTERNATIONAL BACCALAUREATE TEST.
payments are estimated at $20.00 per test completed.
(3) FUNDs under this section shall be awarded if the following criteria are
met:
(a) pupils for whom payment is made must meet eligibility requirements of the
federal Advanced Placement Test Fee program under section 1701 of the no child left
behind act of 2001, public law 107-110.
(b) the tests are administered by the college board, the international
baccalaureate organization or other approved test provider.
(4) Notwithstanding Section 17b, payments under this section shall be made on a
schedule determined by the department.
Sec. 94a. (1) There is created within the state budget office in the department
of technology, management, and budget the center for educational performance and
information. The center shall do all of the following:
(a) Coordinate the collection of all data required by state and federal law
from districts, intermediate districts, and postsecondary institutions.
(b) Create, maintain, and enhance this state's P-20 longitudinal data system
and ensure that it meets the requirements of subsection (4).
(c) Collect data in the most efficient manner possible in order to reduce the
administrative burden on reporting entities, including, but not limited to, electronic
transcript services.
(d) Create, maintain, and enhance this state's web-based educational portal to
provide information to school leaders, teachers, researchers, and the public in
compliance with all federal and state privacy laws. Data shall include, but are not
limited to, all of the following:
(i) Data sets that link teachers to student information, allowing districts to
assess individual teacher impact on student performance and consider student growth
factors in teacher and principal evaluation systems.
(ii) Data access or, if practical, data sets, provided for regional data
warehouses that, in combination with local data, can improve teaching and learning in
the classroom.
(iii) Research-ready data sets for researchers to perform research that
advances this state's educational performance.
(e) Provide data in a useful manner to allow state and local policymakers to
make informed policy decisions.
(f) Provide public reports to the citizens of this state to allow them to
assess allocation of resources and the return on their investment in the education
system of this state.
(g) Other functions as assigned by the state budget director.
(2) Each state department, officer, or agency that collects information from
districts, intermediate districts, or postsecondary institutions as required under
state or federal law shall make arrangements with the center to ensure that the state
department, officer, or agency is in compliance with subsection (1). This subsection
does not apply to information collected by the department of treasury under the
uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a; the revised
municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821; the school bond
qualification, approval, and loan act, 2005 PA 92, MCL 388.1921 to 388.1939; or
section 1351a of the revised school code, MCL 380.1351a.
(3) The center may enter into any interlocal agreements necessary to fulfill
its functions.
(4) The center shall ensure that the P-20 longitudinal data system required
under subsection (1)(b) meets all of the following:
(a) Includes data at the individual student level from preschool through
postsecondary education and into the workforce.
(b) Supports interoperability by using standard data structures, data formats,
and data definitions to ensure linkage and connectivity in a manner that facilitates
the exchange of data among agencies and institutions within the state and between
states.
(c) Enables the matching of individual teacher and student records so that an
individual student may be matched with those teachers providing instruction to that
student.
(d) Enables the matching of individual teachers with information about their
certification and the institutions that prepared and recommended those teachers for
state certification.
(e) Enables data to be easily generated for continuous improvement and
decision-making, including timely reporting to parents, teachers, and school leaders
on student achievement.
(f) Ensures the reasonable quality, validity, and reliability of data contained
in the system.
(g) Provides this state with the ability to meet federal and state reporting
requirements.
(h) For data elements related to preschool through grade 12 and postsecondary,
meets all of the following:
(i) Contains a unique statewide student identifier that does not permit a
student to be individually identified by users of the system, except as allowed by
federal and state law.
(ii) Contains student-level enrollment, demographic, and program participation
information.
(iii) Contains student-level information about the points at which students
exit, transfer in, transfer out, drop out, or complete education programs.
(iv) Has the capacity to communicate with higher education data systems.
(i) For data elements related to preschool through grade 12 only, meets all of
the following:
(i) Contains yearly test records of individual students for assessments
approved by DED-OESE for accountability purposes under section 1111(b) of the
elementary and secondary education act of 1965, 20 USC 6311, including information on
individual students not tested, by grade and subject.
(ii) Contains student-level transcript information, including information on
courses completed and grades earned.
(iii) Contains student-level college readiness test scores.
(j) For data elements related to postsecondary education only:
(i) Contains data that provide information regarding the extent to which
individual students transition successfully from secondary school to postsecondary
education, including, but not limited to, all of the following:
(A) Enrollment in remedial coursework.
(B) Completion of 1 year's worth of college credit applicable to a degree
within 2 years of enrollment.
(ii) Contains data that provide other information determined necessary to
address alignment and adequate preparation for success in postsecondary education.
(5) From the general fund appropriation in section 11, there is allocated an
amount not to exceed $9,535,100.00 $12,022,800.00 for 2013-2014 2014-2015 to the
department of technology, management, and budget to support the operations of the
center. In addition, from the federal funds appropriated in section 11 there is
allocated for 2013-2014 2014-2015 the amount necessary, estimated at $193,500.00, to
support the operations of the center and to establish a P-20 longitudinal data system
as provided under this section in compliance with the assurance provided to the United
States department of education in order to receive state fiscal stabilization funds.
The center shall cooperate with the department to ensure that this state is in
compliance with federal law and is maximizing opportunities for increased federal
funding to improve education in this state.
(6) From the funds allocated in subsection (5),
there is allocated for 2013-
2014 2014-2015 an amount not to exceed $850,000.00
for competitive grants to support
collaborative efforts on the P-20 longitudinal data system. All of the following apply
to grants awarded under this subsection:
(a) The center shall award competitive grants to eligible intermediate
districts or a consortium of intermediate districts based on criteria established by
the center.
(b) Activities funded under the grant shall support the P-20 longitudinal data
system portal and may include portal hosting, hardware and software acquisition,
maintenance, enhancements, user support and related materials, and professional
learning tools and activities aimed at improving the utility of the P-20 longitudinal
data system.
(c) An applicant that received a grant under this subsection for the
immediately preceding fiscal year shall receive priority for funding under this
section. However, after 3 fiscal years of continuous funding, an applicant is required
to compete openly with new applicants.
(7) From the funds allocated in subsection (5),
there is allocated for 2013-
2014 an amount not to exceed $100,000.00 for the center to
develop the pupil transfer
application as required under section 25e.
(7) (8) Funds allocated under
this section that are not expended in the fiscal
year in which they were allocated may be carried forward to a subsequent fiscal year
and are appropriated for the purposes for which the funds were originally allocated.
(9) It is the intent of the legislature that,
beginning in 2014-2015, a
district shall report to the center by June 30, in a manner
prescribed by the center,
the number of pupils in the district who have had 10 or
more unexcused absences each
school year. For pupils in grades 9 to 12, the report shall
include both the total
number of unexcused absences in any single course and the
total number of unexcused
absences in all courses. Each district shall define
unexcused absence. It is the
intent of the legislature that a district that reports
false information under this
subsection shall forfeit an amount equal to 5% of its total
state aid allocation under
this act.
(8) (10) The center may bill
departments as necessary in order to fulfill
reporting requirements of state and federal law. The center may also enter into
agreements to supply custom data, analysis, and reporting to other principal executive
departments, state agencies, local units of government, and other individuals and
organizations. The center may receive and expend funds in addition to those authorized
in subsection (5) to cover the costs associated with salaries, benefits, supplies,
materials, and equipment necessary to provide such data, analysis, and reporting
services.
(9) (11) As used in this
section:
(a) "DED-OESE" means the United States department of education office of
elementary and secondary education.
(b) "State education agency" means the department.
Sec. 95a. (1) From the appropriation in section 11, there is allocated for
2014-2015 an amount not to exceed $22,070,000.00 from the state school aid fund and an
amount not to exceed $5,730,000.00 from the general fund for the purpose of
implementing evaluation systems for educators and administrators pursuant to section
1249, MCL 380.1249, and section 1249B, MCL 380.1249B, of the revised school code.
(2) The department of technology, management and budget and the department
shall request proposals from vendors for the educator and administrator observation
tools specified in section 1249(5)(A)(i) and section 1249B. The department, with the
assistance of the department of technology, management and budget, shall review the
submitted proposals and determine the lowest responsive, responsible bidder consistent
with the requirements for educator and administrator observation tools contained in
section 1249 and 1249B. Up to $22,070,000.00 from the state school aid fund allocation
in subsection (1) shall be distributed to districts and intermediate districts on a
per educator basis to implement one of the four teacher observation tools specified in
section 1249(5)(A)(i) and one of the two administrator observation tools specified in
section 1249B.
(3) From the general fund allocation in subsection (1), there is allocated to
the center for educational performance and information an amount not to exceed
$2,700,000.00 for the purposes of developing mechanisms for educators and evaluators
to edit and verify educator-student rosters necessary for local calculations of
student growth data.
(4) From the general fund allocation in subsection (1), there is allocated an
amount not to exceed $3,030,000.00 for the following purposes:
(A) Provide value-added modeling components that are utilized in the student
growth and assessment component of the evaluation process.
(B) Procure an electronic reporting system that will integrate observation tool
data and data from value-added modeling of student growth and assessment components of
the evaluation systems for districts and intermediate districts.
(C) Pilot alternative evaluations with districts for any student populations
that cannot be evaluated by the evaluation system implemented pursuant to section 1249
and 1249B of the revised school code.
Sec. 98. (1) From the general fund money appropriated in section 11, there is
allocated an amount not to exceed $9,387,500.00 for 2013-2014
2014-2015 for the
purposes described in this section.
(2) The Michigan virtual university shall operate the Michigan virtual learning
research institute. The Michigan virtual learning research institute shall do all of
the following:
(a) Support and accelerate innovation in education through the following
activities:
(i) Test, evaluate, and recommend as appropriate new technology-based
instructional tools and resources.
(ii) Research, design, and recommend digital education delivery models for use
by pupils and teachers that include age-appropriate multimedia instructional content.
(iii) Research, design, and recommend
competency-based online assessments.
(III) (iv) Research,
develop, and recommend annually to the department criteria
by which cyber schools and online course providers should be monitored and evaluated
to ensure a quality education for their pupils.
(IV) (v) Based on pupil
completion and performance data reported to the
department or the center for educational performance and information from cyber
schools and other online course providers operating in this state, analyze the
effectiveness of online learning delivery models in preparing pupils to be college-
and career-ready and publish a report that highlights enrollment totals, completion
rates, and the overall impact on pupils. The report shall be submitted to the house
and senate appropriations subcommittees on state school aid, the state budget
director, the house and senate fiscal agencies, and the department not later than
December 1, 2014 2015.
(V) (vi) Before August 31,
2014 2015, provide an extensive professional
development program to at least 500 educational personnel, including teachers, school
administrators, and school board members, that focuses on the effective integration of
digital learning into curricula and instruction. Not later
than December 1, 2014 2015,
the Michigan virtual learning research institute shall submit a report to the house
and senate appropriations subcommittees on state school aid, the state budget
director, the house and senate fiscal agencies, and the department on the number and
percentage of teachers, school administrators, and school board members who have
received professional development services from the Michigan virtual university. The
report shall also identify barriers and other opportunities to encourage the adoption
of digital learning in the public education system.
(VI) (vii) Identify and
share best practices for planning, implementing, and
evaluating online and blended education delivery models with intermediate districts,
districts, and public school academies to accelerate the adoption of innovative
education delivery models statewide.
(b) Provide leadership for this state's system of digital learning education by
doing the following activities:
(i) Develop and report policy recommendations to the governor and the
legislature that accelerate the expansion of effective online learning in this state's
schools.
(ii) Provide a clearinghouse for research reports, academic studies,
evaluations, and other information related to online learning.
(iii) Promote and distribute the most current instructional design standards
and guidelines for online teaching.
(iv) In collaboration with the department and interested colleges and
universities in this state, recommend to the
superintendent guidelines and standards
for a new teacher endorsement credential SUPPORT
IMPLEMENTATION AND IMPROVEMENTS
related to effective digital learning instruction.
(v) Pursue public/private partnerships that include districts to study and
implement competency-based technology-rich online learning models.
(vi) Convene focus groups and conduct annual surveys of teachers,
administrators, pupils, parents, and others to identify barriers and opportunities
related to online learning.
(vii) Produce an annual consumer awareness report for schools and parents about
effective online education providers and education delivery models, performance data,
cost structures, and research trends.
(viii) Research and establish an internet-based platform that educators can use
to create student-centric learning tools and resources and facilitate a user network
that assists educators in using the platform. As part of this initiative, the Michigan
virtual university shall work collaboratively with districts and intermediate
districts to establish a plan to make available online resources that align to
Michigan's K-12 curriculum standards for use by students, educators, and parents.
(ix) Create and maintain a public statewide catalog of online learning courses
being offered by all public schools in this state. The Michigan virtual learning
research institute shall identify and develop a list of nationally recognized best
practices for online learning and use this list to provide
SUPPORT reviews of online
course vendors, courses, and instructional practices. The Michigan virtual learning
research institute shall also provide a mechanism for intermediate districts to use
the identified best practices to review content offered by constituent districts. The
Michigan virtual learning research institute shall review the online course offerings
of the Michigan virtual university, and make the results from these reviews available
to the public as part of the statewide catalog. The Michigan virtual learning research
institute shall ensure that the statewide catalog is made available to the public on
the Michigan virtual university website and linked to
ALLOW THE ABILITY TO LINK IT TO
each district's website as provided for in section 21f. Beginning in 2014-2015, the
statewide catalog shall also contain all of the following:
(A) The number of pupils enrolled ENROLLMENTS in each online course in the
2012-2013 PRIOR school year.
(B) The number of pupils who successfully
completed enrollments that earned 60
percent or More of the total course
points for each online
course in the 2012-2013
PRIOR school year.
(C) The completion rate for each online course.
(x) Collaborate with key stakeholders to examine the need and process for
incorporating registration, payment services and transcript functionality to the
statewide catalog.
(xi) Collaborate with key stakeholders to examine district level accountability
and teacher effectiveness issues related to online learning under Section 21f and make
FINDINGS AND RECOMMENDATIONS publicly availabLE.
(3) In order for the Michigan virtual university to receive any funds allocated
under this section, the Michigan virtual school must maintain its accreditation status
from recognized national and international accrediting entities.
(4) If the course offerings are included in the statewide catalog of online
courses under subsection (2)(b)(ix), the Michigan virtual school operated by the
Michigan virtual university may offer online course offerings, including, but not
limited to, all of the following:
(a) Information technology courses.
(b) College level equivalent courses, as defined in section 1471 of the revised
school code, MCL 380.1471.
(c) Courses and dual enrollment opportunities.
(d) Programs and services for at-risk pupils.
(e) General education development test preparation courses for adjudicated
youth.
(f) Special interest courses.
(g) Professional development programs for teachers, school administrators,
other school employees, and school board members.
(5) If a home-schooled or nonpublic school student is a resident of a district
that subscribes to services provided by the Michigan virtual school, the student may
use the services provided by the Michigan virtual school to the district without
charge to the student beyond what is charged to a district pupil using the same
services.
(6) Not later than December 1 of each fiscal year, the Michigan virtual
university shall provide a report to the house and senate appropriations subcommittees
on state school aid, the state budget director, the house and senate fiscal agencies,
and the department that includes at least all of the following information related to
the Michigan virtual school for the preceding state fiscal year:
(a) A list of the districts served by the Michigan virtual school.
(b) A list of online course titles available to districts.
(c) The total number of online course enrollments and information on
registrations and completions by course.
(d) The overall course completion rate percentage.
(7) The governor may appoint an advisory group for the Michigan virtual
learning research institute established under subsection (2). The members of the
advisory group shall serve at the pleasure of the governor and shall serve without
compensation. The purpose of the advisory group is to make recommendations to the
governor, the legislature, and the president and board of the Michigan virtual
university that will accelerate innovation in this state's education system in a
manner that will prepare elementary and secondary students to be career and college
ready and that will promote the goal of increasing the percentage of citizens of this
state with high-quality degrees and credentials to at least 60% by 2025.
(8) Not later than November 1, 2013 2014, the Michigan virtual university shall
submit to the house and senate appropriations subcommittees on state school aid, the
state budget director, and the house and senate fiscal agencies a detailed budget for
the 2013-2014 2014-2015 fiscal year that includes a
breakdown on its projected costs
to deliver online educational services to districts and a summary of the anticipated
fees to be paid by districts for those services. Beginning in 2013-2014, not later
than February 1, the Michigan virtual university shall submit to the house and senate
appropriations subcommittees on state school aid, the state budget director, and the
house and senate fiscal agencies a breakdown on its actual costs to deliver online
educational services to districts and a summary of the actual fees paid by districts
for those services based on audited financial statements for the immediately preceding
fiscal year.
(9) As used in this section:
(a) "Blended learning" means a hybrid instructional delivery model where pupils
are provided content, instruction, and assessment, in part at a supervised educational
facility away from home where the pupil and a teacher with a valid Michigan teaching
certificate are in the same physical location and in part through internet-connected
learning environments with some degree of pupil control over time, location, and pace
of instruction.
(b) "Cyber school" means a full-time instructional program of online courses
for pupils that may or may not require attendance at a physical school location.
(c) "Digital learning" means instruction delivered via a web-based educational
delivery system that uses various information technologies to provide a structured
learning environment, including online and blended learning instructional methods.
(d) "Online course" means a course of study that is capable of generating a
credit or a grade, that is provided in an interactive internet-connected learning
environment, in which pupils are separated from their teachers by time or location, or
both, and in which a teacher who holds a valid Michigan teaching certificate is
responsible for determining appropriate instructional methods for each pupil,
diagnosing learning needs, assessing pupil learning, prescribing intervention
strategies, reporting outcomes, and evaluating the effects of instruction and support
strategies.
Sec. 99. (1) From the funds appropriated in section 11, there is allocated for
2013-2014 2014-2015 an amount not to exceed $2,850,000.00
$2,750,000.00 from the state
school aid fund and an amount not to exceed $375,000.00
$475,000.00 from the general
fund to support the activities and programs of mathematics and science centers and for
other purposes as described in this section. In addition, from the federal funds
appropriated in section 11, there is allocated for 2013-2014
2014-2015 an amount
estimated at $5,249,300.00 from DED-OESE, title II, mathematics and science
partnership grants.
(2) Within a service area designated locally, approved by the department, and
consistent with the comprehensive master plan for mathematics and science centers
developed by the department and approved by the state board, an established
mathematics and science center shall provide 2 or more of the following 6 basic
services, as described in the master plan, to constituent districts and communities:
leadership, pupil services, curriculum support, community involvement, professional
development, and resource clearinghouse services.
(3) The department shall not award a state grant under this section to more
than 1 mathematics and science center located in a designated region as prescribed in
the 2007 2012 master plan unless each of the
grants serves a distinct target
population or provides a service that does not duplicate another program in the
designated region.
(4) As part of the technical assistance process, the department shall provide
minimum standard guidelines that may be used by the mathematics and science center for
providing fair access for qualified pupils and professional staff as prescribed in
this section.
(5) Allocations under this section to support the activities and programs of
mathematics and science centers shall be continuing support grants to all 33
established mathematics and science centers. Each established mathematics and science
center that was funded in the immediately preceding fiscal year shall receive state
funding in an amount equal to 100% of the amount it was allocated under this
subsection for the immediately preceding fiscal year. If a center declines state
funding or a center closes, the remaining money available under this section shall be
distributed to the remaining centers, as determined by the department.
(6) From the funds allocated in subsection (1),
there is allocated for 2013-
2014 2014-2015 an amount not to exceed $750,000.00
in a form and manner determined by
the department to those centers able to provide curriculum and professional
development support to assist districts in implementing the Michigan merit curriculum
components for mathematics and science. Funding under this subsection is in addition
to funding allocated under subsection (5).
(7) From the state school aid GENERAL fund money allocated in subsection (1),
there is allocated for 2013-2014 2014-2015 an amount not to exceed $100,000.00 in a
form and manner determined by the department to a single
mathematics and science
center that is a participant in TO the Michigan STEM partnership, to
be used to
administer the grant process under this subsection. From the general fund money
allocated in subsection (1), there is allocated for 2013-2014
2014-2015 an amount not
to exceed $375,000.00 to the Michigan STEM partnership to be used for a competitive
grant process to award competitive grants to organizations conducting student-focused,
project-based programs and competitions, either in the classroom or extracurricular,
in science, technology, engineering, and mathematics subjects such as, but not limited
to, robotics, coding, and design-build-test projects, from pre-kindergarten through
college level. Funding under this subsection is in addition to funding allocated under
subsection (5) and shall be used for connecting mathematics and science centers for
science, technology, engineering, and mathematics purposes AND TO SUPPORT THE GOALS
AND MISSION OF THE MICHIGAN STEM PARTNERSHIP. A program receiving funds under section
99h may not receive funds under this subsection.
(8) In order to receive state or federal funds under this section, a grant
recipient shall allow access for the department or the department's designee to audit
all records related to the program for which it receives such funds. The grant
recipient shall reimburse the state for all disallowances found in the audit.
(9) Not later than September 30, 2013 2018, the department shall reevaluate and
update the comprehensive master plan described in subsection (1).
(10) The department shall give preference in awarding the federal grants
allocated in subsection (1) to eligible existing mathematics and science centers.
(11) In order to receive state funds under this section, a grant recipient
shall provide at least a 10% local match from local public or private resources for
the funds received under this section.
(12) Not later than July 1 of each year, a mathematics and science center that
receives funds under this section shall report to the department in a form and manner
prescribed by the department on the following performance measures:
(a) Statistical change in pre- and post-assessment scores for students who
enrolled in mathematics and science activities provided to districts by the
mathematics and science center.
(b) Statistical change in pre- and post-assessment scores for teachers who
enrolled in professional development activities provided by the mathematics and
science center.
(13) As used in this section:
(a) "DED" means the United States department of education.
(b) "DED-OESE" means the DED office of elementary and secondary education.
Sec. 99h. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $3,000,000.00 $2,000,000.00 for 2013-2014 2014-2015
for
competitive grants to districts that provide pupils in grades 7 to 12 with expanded
opportunities to improve mathematics, science, and technology skills by participating
in events hosted by a science and technology development program known as FIRST (for
inspiration and recognition of science and technology) robotics.
(2) A district applying for a FIRST tech challenge or FIRST robotics
competition program grant shall submit an application in a form and manner determined
by the department. To be eligible for a grant, a district shall demonstrate in its
application that the district has established a partnership for the purposes of the
FIRST program with at least 1 sponsor, business entity, higher education institution,
or technical school.
(3) The department shall distribute the grant funding under this section for
the following purposes:
(a) Except as otherwise provided in subparagraph
(iii), not more than
$1,000,000.00 for grants GRANTS to districts to pay for stipends of
$1,500.00 for 1
coach per team, distributed as follows:
(i) Not more than 500 stipends for coaches of high school teams, including
existing teams.
(ii) Not more than 100 stipends for coaches of middle school or junior high
teams, including existing teams.
(iii) If the requests for stipends exceed the numbers of stipends allowed under
subparagraphs (i) and (ii), and if there is funding remaining unspent under
subdivisions (b) and (c), the department shall use that remaining unspent funding for
grants to districts to pay for additional stipends in a manner that expands the
geographical distribution of teams.
(b) not more than $1,000,000.00 for grants GRANTS to districts for event
registrations, materials, travel costs, and other expenses associated with the
preparation for and attendance at FIRST tech challenge and FIRST robotics
competitions. Each grant recipient shall provide a local match from other private or
local funds for the funds received under this subdivision equal to at least 50% of the
costs of participating in an event. The department shall set maximum grant amounts
under this subdivision in a manner that maximizes the number of teams that will be
able to receive funding.
(c) not more than $1,000,000.00 for grants GRANTS to districts for awards to
teams that advance to the state and world championship competitions. The department
shall determine an equal amount per team for those teams that advance to the state
championship and a second equal award amount to those teams that advance to the world
championship.
(4) THE FUNDS ALLOCATED UNDER THIS SECTION ARE A WORK PROJECT APPROPRIATION,
AND ANY UNEXPENDED FUNDS FOR 2014-2015 ARE CARRIED FORWARD INTO 2015-2016. THE PURPOSE
OF THE WORK PROJECT IS TO CONTINUE TO IMPLEMENT THE PROJECTS DESCRIBED UNDER
SUBSECTION (1). THE ESTIMATED COMPLETION DATE OF THE WORK PROJECT IS SEPTEMBER 30,
2017.
Sec. 101. (1) To be eligible to receive state aid under this article, not later
than the fifth Wednesday after the pupil membership count day and not later than the
fifth Wednesday after the supplemental count day, each district superintendent shall
submit to the center and the intermediate superintendent, in the form and manner
prescribed by the center, the number of pupils enrolled and in regular daily
attendance in the district as of the pupil membership count day and as of the
supplemental count day, as applicable, for the current school year. In addition, a
district maintaining school during the entire year, as provided under section 1561 of
the revised school code, MCL 380.1561, shall submit to the center and the intermediate
superintendent, in the form and manner prescribed by the center, the number of pupils
enrolled and in regular daily attendance in the district for the current school year
pursuant to rules promulgated by the superintendent. Not later than the sixth
Wednesday after the pupil membership count day and not later than the sixth Wednesday
after the supplemental count day, the district shall certify the data in a form and
manner prescribed by the center and file the certified data with the intermediate
superintendent. If a district fails to submit and certify the attendance data, as
required under this subsection, the center shall notify the department and state aid
due to be distributed under this article shall be withheld from the defaulting
district immediately, beginning with the next payment after the failure and continuing
with each payment until the district complies with this subsection. If a district does
not comply with this subsection by the end of the fiscal year, the district forfeits
the amount withheld. A person who willfully falsifies a figure or statement in the
certified and sworn copy of enrollment shall be punished in the manner prescribed by
section 161.
(2) To be eligible to receive state aid under this article, not later than the
twenty-fourth Wednesday after the pupil membership count day and not later than the
twenty-fourth Wednesday after the supplemental count day, an intermediate district
shall submit to the center, in a form and manner prescribed by the center, the audited
enrollment and attendance data for the pupils of its constituent districts and of the
intermediate district. If an intermediate district fails to submit the audited data as
required under this subsection, state aid due to be distributed under this article
shall be withheld from the defaulting intermediate district immediately, beginning
with the next payment after the failure and continuing with each payment until the
intermediate district complies with this subsection. If an intermediate district does
not comply with this subsection by the end of the fiscal year, the intermediate
district forfeits the amount withheld.
(3) Except as otherwise provided in subsections (11) and (12), all of the
following apply to the provision of pupil instruction:
(a) Except as otherwise provided in this section, each district shall provide
at least 1,098 hours and, beginning in 2010-2011, the required minimum number of days
of pupil instruction. Beginning in 2012-2013, the required minimum number of days of
pupil instruction is 170. Beginning in 2014-2015, the required minimum number of days
of pupil instruction is 175. However, a district shall not provide fewer days of pupil
instruction than the district provided for 2009-2010. If a collective bargaining
agreement that provides a complete school calendar was in effect for employees of a
district as of june 13, 2013, and if that school calendar is not in compliance with
this subsection, then this subsection does not apply to that district until after the
expiration of that collective bargaining agreement. A district may apply for a waiver
under subsection (9) from the requirements of this
subdivision. For 2012-2013 only, if
a district is unable to provide the required minimum number
of days of pupil
instruction because of school closures occurring before
April 20, 2013 due to
conditions not within the control of school authorities,
such as severe storms, fires,
epidemics, utility power unavailability, water or sewer
failure, or health conditions
as defined by the city, county, or state health
authorities, but the district does
provide at least the required minimum number of hours of
pupil instruction, the
district is not subject to the minimum number of days of
pupil instruction requirement
of this subsection. A district that uses the 2012-2013
exception from the minimum
number of days of pupil instruction requirement shall
submit to the department not
later than July 1, 2013, in the form and manner prescribed
by the department, a report
that details the amount of instructional time that was lost
due to school closures and
the amount of additional instructional time that was added
to compensate; when the
additional instructional time was provided; the activities
that were carried out and
subject areas addressed during the additional instructional
time; and other
information specified by the department to assess whether
appropriate instruction
occurred during the additional instructional time. The
department shall aggregate and
provide these reports to the senate and house standing
committees on education.
(b) Except as otherwise provided in this article, a district failing to comply
with the required minimum hours and days of pupil instruction under this subsection
shall forfeit from its total state aid allocation an amount determined by applying a
ratio of the number of hours or days the district was in noncompliance in relation to
the required minimum number of hours and days under this subsection. Not later than
August 1, the board of each district shall certify to the department the number of
hours and days of pupil instruction in the previous school year. If the district did
not provide at least the required minimum number of hours and days of pupil
instruction under this subsection, the deduction of state aid shall be made in the
following fiscal year from the first payment of state school aid. A district is not
subject to forfeiture of funds under this subsection for a fiscal year in which a
forfeiture was already imposed under subsection (6).
(c) Hours or days lost because of strikes or teachers' conferences shall not be
counted as hours or days of pupil instruction.
(d) If a collective bargaining agreement that provides a complete school
calendar is in effect for employees of a district as of October 19, 2009, and if that
school calendar is not in compliance with this subsection, then this subsection does
not apply to that district until after the expiration of that collective bargaining
agreement.
(e) Except as otherwise provided in subdivision (f), a district not having at
least 75% of the district's membership in attendance on any day of pupil instruction
shall receive state aid in that proportion of 1/180 that the actual percent of
attendance bears to the specified percentage.
(f) At the request of a district that operates a department-approved
alternative education program and that does not provide instruction for pupils in all
of grades K to 12, the superintendent may grant a waiver from the requirements of
subdivision (e). The waiver shall indicate that an eligible district is subject to the
proration provisions of subdivision (e) only if the district does not have at least
50% of the district's membership in attendance on any day of pupil instruction. In
order to be eligible for this waiver, a district must maintain records to substantiate
its compliance with the following requirements:
(i) The district offers the minimum hours of pupil instruction as required
under this section.
(ii) For each enrolled pupil, the district uses appropriate academic
assessments to develop an individual education plan that leads to a high school
diploma.
(iii) The district tests each pupil to determine academic progress at regular
intervals and records the results of those tests in that pupil's individual education
plan.
(g) All of the following apply to a waiver granted under subdivision (f):
(i) If the waiver is for a blended model of delivery, a waiver that is granted
for the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it
is revoked by the superintendent.
(ii) If the waiver is for a 100% online model of delivery and the educational
program for which the waiver is granted makes educational services available to pupils
for a minimum of at least 1,098 hours during a school year and ensures that each pupil
participates in the educational program for at least 1,098 hours during a school year,
a waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal year
remains in effect unless it is revoked by the superintendent.
(iii) A waiver that is not a waiver described in subparagraph (i) or (ii) is
valid for 1 fiscal year and must be renewed annually to remain in effect.
(h) The superintendent shall promulgate rules for the implementation of this
subsection.
(4) Except as otherwise provided in this subsection, the first 6 days or the
equivalent number of hours for which pupil instruction is not provided because of
conditions not within the control of school authorities, such as severe storms, fires,
epidemics, utility power unavailability, water or sewer failure, or health conditions
as defined by the city, county, or state health authorities, shall be counted as hours
and days of pupil instruction. With the approval of the superintendent of public
instruction, the department shall count as hours and days of pupil instruction for a
fiscal year not more than 6 additional days or the equivalent number of additional
hours for which pupil instruction is not provided in a district after April 1 of the
applicable school year due to unusual and extenuating occurrences resulting from
conditions not within the control of school authorities such as those conditions
described in this subsection. Subsequent such hours or days shall not be counted as
hours or days of pupil instruction.
(5) A district shall not forfeit part of its state aid appropriation because it
adopts or has in existence an alternative scheduling program for pupils in
kindergarten if the program provides at least the number of hours required under
subsection (3) for a full-time equated membership for a pupil in kindergarten as
provided under section 6(4).
(6) In addition to any other penalty or forfeiture under this section, if at
any time the department determines that 1 or more of the following have occurred in a
district, the district shall forfeit in the current fiscal year beginning in the next
payment to be calculated by the department a proportion of the funds due to the
district under this article that is equal to the proportion below the required minimum
number of hours and days of pupil instruction under subsection (3), as specified in
the following:
(a) The district fails to operate its schools for at least the required minimum
number of hours and days of pupil instruction under subsection (3) in a school year,
including hours and days counted under subsection (4).
(b) The board of the district takes formal action not to operate its schools
for at least the required minimum number of hours and days of pupil instruction under
subsection (3) in a school year, including hours and days counted under subsection
(4).
(7) In providing the minimum number of hours and days of pupil instruction
required under subsection (3), a district shall use the following guidelines, and a
district shall maintain records to substantiate its compliance with the following
guidelines:
(a) Except as otherwise provided in this subsection, a pupil must be scheduled
for at least the required minimum number of hours of instruction, excluding study
halls, or at least the sum of 90 hours plus the required minimum number of hours of
instruction, including up to 2 study halls.
(b) The time a pupil is assigned to any tutorial activity in a block schedule
may be considered instructional time, unless that time is determined in an audit to be
a study hall period.
(c) Except as otherwise provided in this subdivision, a pupil in grades 9 to 12
for whom a reduced schedule is determined to be in the individual pupil's best
educational interest must be scheduled for a number of hours equal to at least 80% of
the required minimum number of hours of pupil instruction to be considered a full-time
equivalent pupil. A pupil in grades 9 to 12 who is scheduled in a 4-block schedule may
receive a reduced schedule under this subsection if the pupil is scheduled for a
number of hours equal to at least 75% of the required minimum number of hours of pupil
instruction to be considered a full-time equivalent pupil.
(d) If a pupil in grades 9 to 12 who is enrolled in a cooperative education
program or a special education pupil cannot receive the required minimum number of
hours of pupil instruction solely because of travel time between instructional sites
during the school day, that travel time, up to a maximum of 3 hours per school week,
shall be considered to be pupil instruction time for the purpose of determining
whether the pupil is receiving the required minimum number of hours of pupil
instruction. However, if a district demonstrates to the satisfaction of the department
that the travel time limitation under this subdivision would create undue costs or
hardship to the district, the department may consider more travel time to be pupil
instruction time for this purpose.
(e) In grades 7 through 12, instructional time that is part of a junior reserve
officer training corps (JROTC) program shall be considered to be pupil instruction
time regardless of whether the instructor is a certificated teacher if all of the
following are met:
(i) The instructor has met all of the requirements established by the United
States department of defense and the applicable branch of the armed services for
serving as an instructor in the junior reserve officer training corps program.
(ii) The board of the district or intermediate district employing or assigning
the instructor complies with the requirements of sections 1230 and 1230a of the
revised school code, MCL 380.1230 and 380.1230a, with respect to the instructor to the
same extent as if employing the instructor as a regular classroom teacher.
(8) Except as otherwise provided in subsections (11) and (12), the department
shall apply the guidelines under subsection (7) in calculating the full-time
equivalency of pupils.
(9) Upon application by the district for a particular fiscal year, the
superintendent may waive for a district the minimum number of hours and days of pupil
instruction requirement of subsection (3) for a department-approved alternative
education program or another innovative program approved by the department, including
a 4-day school week. If a district applies for and receives a waiver under this
subsection and complies with the terms of the waiver, the district is not subject to
forfeiture under this section for the specific program covered by the waiver. If the
district does not comply with the terms of the waiver, the amount of the forfeiture
shall be calculated based upon a comparison of the number of hours and days of pupil
instruction actually provided to the minimum number of hours and days of pupil
instruction required under subsection (3). Pupils enrolled in a department-approved
alternative education program under this subsection shall be reported to the center in
a form and manner determined by the center. All of the following apply to a waiver
granted under this subsection:
(a) If the waiver is for a blended model of delivery, a waiver that is granted
for the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it
is revoked by the superintendent.
(b) If the waiver is for a 100% online model of delivery and the educational
program for which the waiver is granted makes educational services available to pupils
for a minimum of at least 1,098 hours during a school year and ensures that each pupil
participates in the educational program for at least 1,098 hours during a school year,
a waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal year
remains in effect unless it is revoked by the superintendent.
(c) A waiver that is not a waiver described in subdivision (a) or (b) is valid
for 1 fiscal year and must be renewed annually to remain in effect.
(10) Until 2014-2015, a district may count up to 38 hours of qualifying
professional development for teachers as hours of pupil instruction. Professional
development provided online is allowable and encouraged, as long as the instruction
has been approved by the district. The department shall issue a list of approved
online professional development providers, which shall include the Michigan virtual
school. As used in this subsection, "qualifying professional development" means
professional development that is focused on 1 or more of the following:
(a) Achieving or improving adequate yearly progress as defined under the no
child left behind act of 2001, Public Law 107-110.
(b) Achieving accreditation or improving a school's accreditation status under
section 1280 of the revised school code, MCL 380.1280.
(c) Achieving highly qualified teacher status as defined under the no child
left behind act of 2001, Public Law 107-110.
(d) Integrating technology into classroom instruction.
(e) Maintaining teacher certification.
(11) Subsections (3) and (8) do not apply to a school of excellence that is a
cyber school, as defined in section 551 of the revised school code, MCL 380.551, and
is in compliance with section 553a of the revised school code, MCL 380.553a.
(12) Subsections (3) and (8) do not apply to eligible pupils enrolled in a
dropout recovery program that meets the requirements of section 23a. As used in this
subsection, "eligible pupil" means that term as defined in section 23a.
(13) Beginning in 2013, at least every 2 years the superintendent shall review
the waiver standards set forth in the pupil accounting and auditing manuals to ensure
that the waiver standards and waiver process continue to be appropriate and responsive
to changing trends in online learning. The superintendent shall solicit and consider
input from stakeholders as part of this review.
Sec. 102. (1) A district or intermediate district receiving money under this
article shall not adopt or operate under a deficit budget, and a district or
intermediate district shall not incur an operating deficit in a fund during a school
fiscal year. A if a district or intermediate district that
has an existing deficit
fund balance, that incurs a deficit fund balance in
the most recently completed school
fiscal year, or that adopts a current year budget
that projects a deficit fund
balance, shall
not be allotted or paid a further sum under this article all of the
following apply
(A) the district or intermediate district shall notify the department
immediately upon the occurrence of the circumstance.
(b) within 30 days after notifying the department, the district or intermediate
district shall submit to the department and the state treasurer a preplan financial
report in the form and manner prescribed by the department of treasury.
(C) the department may withhold some or all of the money payable to the
DISTRICT or intermediate district under this article, in an amount the DEPARTMENT
determines necessary to INCENTIVIZE the district or INTERMEDIATE district to eliminate
the deficit, until the district or intermediate district submits to the department for
approval a budget for the current school fiscal year and a plan
to eliminate the
district's or intermediate district's deficit not later
than the end of the second
school fiscal year after the deficit was incurred or the
budget projecting a deficit
was adopted. Withheld state aid payments shall be released deficit elimination plan in
the form and manner prescribed by the department or until the deficit elimination plan
is approved by the department, as determined by the department. The department may
require a deficit elimination plan to include an EDUCATION plan for the district or
intermediate district.
(D) the department shall release money withheld under this subsection after the
department approves the deficit elimination plan.
and ensures that the budget for the
current school fiscal year is balanced.
(E) After the department approves a district's or intermediate district's
deficit elimination plan, the district or intermediate district shall post the deficit
elimination plan on the district's or intermediate district's website.
(2) Not later than March 1 of each year, the department shall prepare a report
of deficits incurred or projected by districts and intermediate districts in the
immediately preceding fiscal year and the progress made in reducing those deficits and
submit the report to the standing committees of the legislature responsible for K-12
education legislation, the appropriations subcommittees of the legislature responsible
for K-12 education appropriations, the house and senate fiscal agencies, the state
treasurer, and the state budget director. The department also shall submit quarterly
interim reports concerning the progress made by districts and intermediate districts
in reducing those deficits to the appropriations subcommittees of the legislature
responsible for k-12 education appropriations, the house and senate fiscal agencies,
the state treasurer, and the state budget director. On a quarterly basis, the
superintendent of public instruction shall publicly present those reports to the
appropriations subcommittees of the legislature responsible for K-12 education
appropriations.
(3) The amount of the permissible deficit for
each school fiscal year shall not
exceed the amount of state aid reduced by an executive
order during that school fiscal
year.
(3) (4) A district or intermediate district
that has an existing deficit fund
balance, that incurs a deficit fund balance in the most recently completed school
fiscal year, or that adopts a current year budget that projects a deficit fund balance
shall submit to the department and the state treasurer a monthly monitoring report on
revenue and expenditures in a form and manner prescribed by the department and shall
post these reports on its website.
(4) (5) If a district or intermediate
district is not able to comply with the
provisions of this section, the district or intermediate
district shall submit to the
department a plan to eliminate its deficit. Upon approval
of the plan submitted,
required to submit a deficit elimination plan under this section, and the deficit
elimination plan is approved by the department, the superintendent of public
instruction may continue allotment and payment of funds under this
article., extend
when approving a deficit elimination plan, the superintendent shall establish the
period of time in within which a district or intermediate
district has to must
eliminate its deficit, and may set special conditions that the district or
intermediate district must meet during the period of the
extension. While
the deficit
elimination plan is in effect. After the department approves a district's or
intermediate district's deficit elimination plan under this subsection, the district
or intermediate district shall post the deficit elimination plan on the district's or
intermediate district's website. The requirements of this section relating to a
deficit elimination plan do not apply to a district or intermediate district if the
district or intermediate district is required to submit an enhanced deficit
elimination plan under subsection (5).
(5) if, based upon information included in a periodic financial status report
required under section 102a or notification from the superintendent of public
instruction, a preplan financial report required under this section, or a deficit
elimination plan required under this section, the state treasurer determines that a
district or intermediate district is subject to rapidly deteriorating financial
circumstances, persistently declining ENROLLMENT, or other indicators of financial
stress likely to result in recurring operating deficits or recurring financial stress
WITHIN the district or intermediate district, the state treasurer may require the
district or intermediate district to submit an enhanced deficit elimination plan in
the form and manner determined by the DEPARTMENT of treasury. an enhanced deficit
elimination plan shall provide for the resolution of the deteriorating financial
circumstances, PERSISTENTLY declining enrollment, or other INDICATORS of recurring
operating DEFICITS or recurring financial stress and is subject to APPROVAL by the
state treasurer. As a condition of approving the ENHANCED deficit elimination plan,
the state treasurer may require the district or INTERMEDIATE school district to enter
into a FINANCIAL RECOVERY AGREEMENT with the state treasurer. a FINANCIAL RECOVERY
AGREEMENT may provide for, but is not limited to, all of the following:
(a) assistance and guidance from the department of treasury and other state
departments and agencies.
(b) a financial and operating plan for the district.
(c) the appointment of a local auditor or inspector, or both.
(D) remedial measures necessary to address the financial circumstances of the
district or intermediate district.
(E) Alternative means to more effectively and EFFICIENTLY provide public
educational services to residents of the district or intermediate district and perform
other functions and responsibilities of the district or intermediate district,
including, but not limited to, entering into agreements or cooperative arrangements
with other ENTITIES, public or private, or joining organizations as part of performing
the functions of the district or intermediate district under section 11a or section
601a of the revised school code.
(F) The required retention by the district or intermediate district of a
CONSULTANT or 1 or more other experts for the purpose of assisting the district or
INTERMEDIATE district to achieve the goals and objectives of the FINANCIAL RECOVERY
AGREEMENT.
(G) other measures considered necessary by the state treasurer to address the
financial conditions Within the district or INTERMEDIATE district.
(6) if a district or intermediate district is required to submit an enhanced
deficit elimination plan under subsection (5), some or all of the money payable to the
district under this article may be withheld in an amount the state treasurer
determines necessary to incentivize the district or intermediate district to eliminate
the deficit, until the district or intermediate district submits to the state
treasurer for approval a budget for the current school fiscal year and an enhanced
deficit elimination plan in the form and manner prescribed by the department of
treasury under this section or until the enhanced deficit elimination plan is approved
by the department of TREASURY, as determined by the department of treasury. the
department shall release money withheld under this subsection after the department of
treasury approves the enhanced deficit elimination plan for the district or
intermediate district. When APPROVING an enhanced deficit elimination plan, the state
treasurer shall establish the period of time within which a district or intermediate
district must eliminate its deficit and may set special conditions that the district
or intermediate district must meet while the deficit elimination plan is in effect.
(7) after the state treasurer approves an enhanced deficit elimination plan for
a district or intermediate district, the district or intermediate district shall post
the enhanced DEFICIT elimination plan on the district’s website.
(8) if a district or intermediate district is required to submit an enhanced
DEFICIT elimination plan under subsection (5), the SUPERINTENDENT and the state
treasurer may not continue allotment and payment of funds under this act until the
enhanced deficit elimination plan is approved by the state treasurer.
(9) If a district or intermediate school district is required to submit an
enhanced deficit elimination plan under subsection (5), the district or intermediate
district shall submit to the department of treasury and the department an enhanced
monthly monitoring report on revenue, expenditures, cash flow, liabilities, budget
amendments, pupil membership, and other data relating to the finances of the district
or intermediate district in a form and manner prescribed by the department of treasury
and shall post these reports on its website.
(10) (6) For the purposes of as used in this
section:, "deficit
(A) "deficit elimination plan" means a plan required under this section for the
elimination of a deficit that sets forth actions to be taken to eliminate the deficit
within the time period prescribed by the department.
(B) "Deficit fund balance" means that term as defined in the Michigan public
school accounting manual published by the department.
(C) "Enhanced deficit elimination plan" means measures required by the state
treasurer under this section to address the financial conditions within a district or
intermediate district and resolve any deficit within the time period prescribed by the
department and the state treasurer.
(D) "Preplan financial report" means a report on the financial conditions
within a district or intermediate DISTRICT required under this section and submitted
in a form and manner prescribed by the state treasurer, which may include, but is not
limited to, financial data and other information on liabilities, payments, enrollment,
borrowing, and other criteria relating to the financial conditions within a district
or intermediate district.
sec. 102a. (1) the superintendent or the state treasurer may require a district
or intermediate district to submit periodic financial status reports under this
section if the superintendent or the state treasurer determines that potential
financial stress may exist within the district or intermediate district, that an
operating deficit may arise WITHIN the district or intermediate district during the
current school fiscal year or the following 2 school fiscal years, or that the
district or intermediate district may be unable to meet its financial obligations
while also satisfying the district’s or the intermediate district’s obligations to
provide public educational services in a manner that complies with this act, the
revised school code, and applicable rules, based upon 1 or more of the following:
(A) financial data or other information SUBMITTED BY the district or
intermediate district to a state department or agency.
(B) FInancial data or other information included within an audited financial
statement of the district or intermediate district.
(C) Financial data or other information provided to a state department, agency,
or authority in connection with a request to issue bonds, notes, or other debt
obligations.
(D) financial data or other information included within a recommended budget,
budget, or general appropriations act of the district or intermediate district.
(E) The failure of the district or intermediate district to timely transmit to
the department of treasury tax payments withheld from payments to employees of the
district or intermediate district.
(F) the failure of the district or intermediate district to make timely
payments to the michigan public school employees’ retirement system under the public
school employees retirement act of 1979, 1980 pa 300, mcl 38.1301 to 38.1437.
(G) the failure of the district or intermediate district to make timely
required payments to the michigan unemployment insurance agency.
(H) information submitted by a vendor of the district or intermediate district
indicating that the district or intermediate district has failed to make timely
payments to the vendor as required under a contract between the vendor and the
district or intermediate district.
(I) financial data or other information provided to a state department, agency,
or authority by an officer, employee, contractor, or agent of the district or
intermediate district.
(J) a request for a determination under this subsection submitted to the
superintendent or state treasurer by the superintendent or board of the district or
intermediate district.
(K) the expenditure of tax revenue for unauthorized purposes by the district or
intermediate district or the unauthorized transfer or deposit of tax revenue by the
district or intermediate district.
(2) if a district or intermediate district is required by the superintendent or
the state treasurer to submit a financial status report under subsection (1), the
district or intermediate district shall file a periodic financial status report
DESCRIBED in subsection (3) with the department and the department of treasury. Before
a district or intermediate district files a financial status report with the
department and the department of treasury, the financial STATUS report shall be
reviewed and approved by the board of the district or intermediate district.
(3) a periodic financial status report shall be submitted in the form and
manner determined by the department of treasury after consultation with the department
and the center for educational performance and information. the report shall include
without limitation financial data and other information that the department of
treasury after consultation with the department and the center for educational
performance and information determines can assist the state in developing an early
warning system of financial stress or operating deficits in districts or intermediate
districts. Financial data or other information that may be required by the department
of treasury to be reported on a periodic financial status report may include, but is
not limited to, some or all of the following:
(A) pupil membership counts for the district or intermediate district and
projected pupil membership counts for the district or intermediate district.
(B) an asset sufficiency ratio. as used in this subdivision, "ASSEt sufficiency
ratio" means the quotient of the district’s or intermediate district’s general fund
assets divided by the district’s or intermediate district’s general fund liabilities.
(C) an operating reserve ratio. as used in this subdivision, "operating reserve
ratio" means the quotient of the district’s or intermediate district’s general fund
balance divided by the district’s or intermediate DISTRICT’S total general fund
expenditures for a fiscal year.
(D) an operating margin ratio. as used in this SUBDIVISION, "operating margin
ratio" means the quotient of the difference between district’s or intermediate
district’s total general fund revenue and total general fund expenditures for a fiscal
year divided by THE DISTRICT'S OR INTERMEDIATE DISTRICT'S TOTAL GENERAL FUND
REVENUE FOR THE FISCAL YEAR.
(E) A DEFICIT FUND BALANCE RATIO. AS USED IN THIS SUBPARAGRAPH, "DEFICIT
FUND BALANCE RATIO" MEANS THE QUOTIENT OF THE DIFFERENCE BETWEEN DISTRICT'S OR
INTERMEDIATE DISTRICT'S TOTAL REVENUE FOR A FISCAL YEAR AND THE TOTAL OF ANY
DEFICIT FUND BALANCES FOR THE FISCAL YEAR DIVIDED BY THE TOTAL REVENUE IN THE
DEFICIT FUNDS .
(F) A FUND BALANCE CHANGE RATIO. AS USED IN THIS SUBPARAGRAPH, "FUND BALANCE
CHANGE RATIO" MEANS THE QUOTIENT OF THE DISTRICT'S OR INTERMEDIATE DISTRICT'S
PRIOR FISCAL YEAR GENERAL FUND BALANCE AND THE CURRENT FISCAL YEAR GENERAL FUND
BALANCE DIVIDED BY PRIOR FISCAL YEAR GENERAL FUND BALANCE.
(G) A CASH FLOW BORROWING RATIO. AS USED IN THIS SUBPARAGRAPH, "CASH FLOW
BORROWING RATIO" MEANS THE QUOTIENT OF THE SUM OF THE TOTAL AMOUNT OF TAX
ANTICIPATION NOTES ISSUED BY THE DISTRICT OR INTERMEDIATE DISTRICT IN THE FISCAL
YEAR AND THE TOTAL AMOUNT OF STATE SCHOOL AID ANTICIPATION NOTES ISSUED BY THE
DISTRICT OR INTERMEDIATE DISTRICT IN THE FISCAL YEAR DIVIDED BY THE DISTRICT'S OR
INTERMEDIATE DISTRICT'S TOTAL GENERAL FUND REVENUE FOR THE FISCAL YEAR.
(H) A CASH FLOW PROJECTION FOR THE DISTRICT OR INTERMEDIATE DISTRICT.
(I) A COMPARISON OF EXPENDITURES BUDGETED BY THE DISTRICT OR INTERMEDIATE
DISTRICT FOR THE PRIOR MONTH COMPARED TO ACTUAL EXPENDITURES FOR THE PRIOR MONTH.
(J) OUTSTANDING ACCOUNTS PAYABLE AS OF THE PRIOR MONTH.
(K) FOR A DISTRICT, THE NUMBER OF STUDENTS ENROLLED IN THE DISTRICT WHO ARE
RESIDENTS OF THE DISTRICT AND THE NUMBER OF STUDENTS ENROLLED IN THE DISTRICT WHO
ARE NOT RESIDENTS OF THE DISTRICT.
(4) A DISTRICT OR INTERMEDIATE DISTRICT REQUIRED TO SUBMIT PERIODIC
FINANCIAL STATUS REPORTS UNDER THIS SECTION SHALL DO ALL OF THE FOLLOWING:
(A) PROVIDE THE DEPARTMENT OF TREASURY OR THE DEPARTMENT WITH OTHER
FINANCIAL DATA OR INFORMATION RELATING TO THE FINANCIAL CONDITION OF THE SCHOOL
DISTRICT AS REQUESTED BY THE DEPARTMENT OF TREASURY OR THE DEPARTMENT.
(B) ALLOW THE DEPARTMENT OF TREASURY OR THE DEPARTMENT TO EXAMINE ALL
FINANCIAL RECORDS AND BOOKS OF ACCOUNT OF THE DISTRICT OR INTERMEDIATE DISTRICT.
THE DEPARTMENT OF TREASURY OR THE DEPARTMENT MAY REQUIRE THE ATTENDANCE OF
WITNESSES AND THE PRODUCTION OF BOOKS, PAPERS, CONTRACTS, AND OTHER DOCUMENTS
RELEVANT TO AN ANALYSIS OF THE FINANCIAL CONDITION OF THE DISTRICT OR INTERMEDIATE
DISTRICT.
(C) PROMPTLY AND FULLY PROVIDE THE ASSISTANCE AND INFORMATION NECESSARY AND
PROPERLY REQUESTED BY THE DEPARTMENT OF TREASURY OR THE DEPARTMENT IN THE
EFFECTUATION OF THE DEPARTMENT OF TREASURY'S DUTIES UNDER THIS SECTION.
(5) IF A DISTRICT OR INTERMEDIATE DISTRICT FAILS TO SUBMIT A PERIODIC
FINANCIAL STATUS REPORT REQUIRED UNDER THIS SECTION, OR IF THE STATE TREASURER
DETERMINES OR IS NOTIFIED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION THAT
INFORMATION INCLUDED ON A PERIODIC FINANCIAL STATUS REPORT INDICATES THAT
FINANCIAL STRESS EXISTS WITHIN THE DISTRICT OR INTERMEDIATE DISTRICT, THAT AN
OPERATING DEFICIT HAS OCCURRED OR IS PROJECTED TO OCCUR WITHIN THE DISTRICT OR
INTERMEDIATE DISTRICT, OR THAT THE DISTRICT OR INTERMEDIATE DISTRICT WOULD BENEFIT
FROM STATE ASSISTANCE WITH FINANCIAL DIFFICULTIES WITHIN THE DISTRICT OR
INTERMEDIATE DISTRICT, THE STATE TREASURER MAY REQUIRE THE DISTRICT OR
INTERMEDIATE DISTRICT TO SUBMIT AN ENHANCED DEFICIT ELIMINATION PLAN UNDER SECTION
102. THE FAILURE OF AN OFFICER OF A DISTRICT OR INTERMEDIATE TO PREPARE AND SUBMIT
A PERIODIC FINANCIAL REPORT AS PROVIDED UNDER THIS SECTION CONSTITUTES MALFEASANCE
AND IS GROUNDS FOR REMOVAL OF THE OFFICER FROM OFFICE.
(6) A DISTRICT OR INTERMEDIATE DISTRICT IS NOT REQUIRED TO SUBMIT PERIODIC
FINANCIAL STATUS REPORTS UNDER THIS SECTION IF THE DISTRICT OR INTERMEDIATE
DISTRICT IS REQUIRED TO SUBMIT AN ENHANCED DEFICIT ELIMINATION PLAN UNDER SECTION
102 OR IF A FINANCIAL EMERGENCY HAS BEEN DECLARED FOR THE DISTRICT OR INTERMEDIATE
DISTRICT UNDER THE LOCAL FINANCIAL STABILITY AND CHOICE ACT, 2012 PA 436, MCL
141.1541 TO 141.1575.
(7) A DISTRICT OR INTERMEDIATE DISTRICT IS NO LONGER REQUIRED TO SUBMIT
PERIODIC FINANCIAL STATUS REPORTS UNDER THIS SECTION IF THE PERIODIC FINANCIAL
STATUS REPORTS SUBMITTED BY A DISTRICT OR INTERMEDIATE DISTRICT INDICATE TO THE
STATE TREASURER THAT POTENTIAL FINANCIAL STRESS DOES NOT EXIST WITHIN THE DISTRICT
OR INTERMEDIATE DISTRICT, THAT AN OPERATING DEFICIT IS NOT PROJECTED TO ARISE
WITHIN THE DISTRICT OR INTERMEDIATE SCHOOL DISTRICT WITH THE CURRENT SCHOOL FISCAL
YEAR OR THE FOLLOWING 2 SCHOOL FISCAL YEARS, AND THAT THE DISTRICT OR INTERMEDIATE
SCHOOL DISTRICT WILL ABLE TO MEET ITS FINANCIAL OBLIGATIONS WHILE ALSO SATISFYING
THE SCHOOL DISTRICT'S OR THE INTERMEDIATE DISTRICT'S OBLIGATIONS TO PROVIDE PUBLIC
EDUCATIONAL SERVICES IN A MANNER THAT COMPLIES WITH THIS ACT, THE REVISED SCHOOL
CODE, AND APPLICABLE RULES PROMULGATED BY THE DEPARTMENT.
(8) THE STATE TREASURER SHALL NOTIFY A DISTRICT OR INTERMEDIATE DISTRICT
WHEN SUBSECTION (7) APPLIES TO THE DISTRICT OR INTERMEDIATE DISTRICT. THE
SUPERINTENDENT OF PUBLIC INSTRUCTION MAY NOTIFY THE STATE TREASURER THAT THE
SUPERINTENDENT OF PUBLIC INSTRUCTION HAS DETERMINED THAT CONDITIONS UNDER
SUBSECTION (7) APPLY TO THE DISTRICT OR INTERMEDIATE DISTRICT.
Sec. 104. (1) In order to receive state aid under this article, a district
shall comply with sections 1249, 1278a, 1278b, 1279, 1279g, and 1280b of the revised
school code, MCL 380.1249, 380.1278a, 380.1278b, 380.1279, 380.1279g, and 380.1280b,
and 1970 PA 38, MCL 388.1081 to 388.1086. Subject to subsection (2), from the state
school aid fund money appropriated in section 11, there is
allocated for 2013-2014
2014-2015 an amount not to exceed $26,694,400.00
$33,894,400.00 for payments on behalf
of districts for costs associated with complying with those provisions of law. In
addition, from the federal funds appropriated in section 11, there is allocated for
2013-2014 2014-2015 an amount estimated at $8,250,000.00
$6,250,000.00, funded from
DED-OESE, title VI, state assessment funds, and from DED-OSERS, section 504 of part B
of the individuals with disabilities education act, Public Law 94-142, plus any
carryover federal funds from previous year appropriations, for the purposes of
complying with the federal no child left behind act of 2001, Public Law 107-110.
(2) The results of each test administered as part of the Michigan educational
assessment program, including tests administered to high school students, shall
include an item analysis that lists all items that are counted for individual pupil
scores and the percentage of pupils choosing each possible response.
(3) All federal funds allocated under this section shall be distributed in
accordance with federal law and with flexibility provisions outlined in Public Law
107-116, and in the education flexibility partnership act of 1999, Public Law 106-25.
(4) Notwithstanding section 17b, payments on behalf of districts, intermediate
districts, and other eligible entities under this section shall be paid on a schedule
determined by the department.
(5) From the allocation in subsection (1), there is allocated an amount not to
exceed $4,000,000.00 for the multi-year development or selection of interim
assessments to support local implementation of the educator and administrator
evaluation systems pursuant to sections 1249 and 1249B of the revised school code. the
multi-year development plan to have operational interim assessments in core content
areas will be as follows:
(A) English Language Arts in grades 3-8 and 11 IN 2014-15.
(B) Mathematics in grades 3-8 and 11 IN 2014-15.
(C) English Language Arts in grades Kindergarten-2 IN 2015-16.
(D) Mathematics in grades Kindergarten-2 IN 2015-16.
(E) Required Michigan Merit Curriculum Science Credits IN 2015-16.
(F) Required Michigan Merit Curriculum Social Studies Credits IN 2015-16.
(G) Required Michigan Merit Curriculum English Language Arts Credits IN 2016-
17.
(H) Required Michigan Merit Curriculum Mathematics Credits IN 2016-17.
(I) Science in grades 3-8 IN 2017-18.
(J) Social Studies in grades 3-8 IN 2017-18.
(6) From the allocation in subsection (1), there is allocated an amount not to
exceed $3,200,000.00 for the development or selection of an online reporting tool to
provide student-level assessment data in a secure environment to educators, parents
and pupils immediately after assessments are scored.
(7) (5) As used in this section:
(a) "DED" means the United States department of education.
(b) "DED-OESE" means the DED office of elementary and secondary education.
(c) "DED-OSERS" means the DED office of special education and rehabilitative
services.
Sec. 104b. (1) In order to receive state aid under
this act ARTICLE, a district
shall comply with this section and shall administer the Michigan merit examination to
pupils in grade 11, and to pupils in grade 12 who did not take the complete Michigan
merit examination in grade 11, as provided in this section.
(2) For the purposes of this section, the department of management and budget
shall contract with 1 or more providers to develop, supply, and score the Michigan
merit examination. The Michigan merit examination shall consist of all of the
following:
(a) Assessment instruments that measure English language arts, mathematics,
reading, and science and are used by colleges and universities in this state for
entrance or placement purposes. This shall include a
writing component in which the
pupil produces an extended writing sample. The Michigan
merit examination shall not
require any other extended writing sample.
(b) One or more tests from 1 or more test developers that assess a pupil's
ability to apply at least reading and mathematics skills in a manner that is intended
to allow employers to use the results in making employment decisions. The department
of management and budget and the superintendent shall ensure that any test or tests
selected under this subdivision have all the components necessary to allow a pupil to
be eligible to receive the results of a nationally recognized evaluation of workforce
readiness if the pupil's test performance is adequate.
(c) A social studies component.
(d) Any other component that is necessary to obtain the approval of the United
States department of education to use the Michigan merit examination for the purposes
of the no child left behind act of 2001, Public Law 107-110.
(3) In addition to all other requirements of this section, all of the following
apply to the Michigan merit examination:
(a) The department of management and budget and the superintendent shall ensure
that any contractor used for scoring the Michigan merit examination supplies an
individual report for each pupil that will identify for the pupil's parents and
teachers whether the pupil met expectations or failed to meet expectations for each
standard, to allow the pupil's parents and teachers to assess and remedy problems
before the pupil moves to the next grade.
(b) The department of management and budget and the superintendent shall ensure
that any contractor used for scoring, developing, or processing the Michigan merit
examination meets quality management standards commonly used in the assessment
industry, including at least meeting level 2 of the capability maturity model
developed by the software engineering institute of Carnegie Mellon university for the
first year the Michigan merit examination is offered to all grade 11 pupils and at
least meeting level 3 of the capability maturity model for subsequent years.
(c) The department of management and budget and the superintendent shall ensure
that any contract for scoring, administering, or developing the Michigan merit
examination includes specific deadlines for all steps of the assessment process,
including, but not limited to, deadlines for the correct testing materials to be
supplied to schools and for the correct results to be returned to schools, and
includes penalties for noncompliance with these deadlines.
(d) The superintendent shall ensure that the Michigan merit examination meets
all of the following:
(i) Is designed to test pupils on grade level content expectations or course
content expectations, as appropriate, in all subjects tested.
(ii) Complies with requirements of the no child left behind act of 2001, Public
Law 107-110.
(iii) Is consistent with the code of fair testing practices in education
prepared by the joint committee on testing practices of the American psychological
association.
(iv) Is factually accurate. If the superintendent determines that a question is
not factually accurate and should be excluded from scoring, the state board and the
superintendent shall ensure that the question is excluded from scoring.
(4) A district shall include on each pupil's high school transcript all of the
following:
(a) For each high school graduate who has completed the Michigan merit
examination under this section, the pupil's scaled score on each subject area
component of the Michigan merit examination.
(b) The number of school days the pupil was in attendance at school each school
year during high school and the total number of school days in session for each of
those school years.
(5) The superintendent shall work with the provider or providers of the
Michigan merit examination to produce Michigan merit examination subject area scores
for each pupil participating in the Michigan merit
examination, including scaling and
merging of test items for the different subject area
components. The
superintendent
shall design and distribute to districts, intermediate districts, and nonpublic
schools a simple and concise document that describes the scoring for each subject area
and indicates the scaled score ranges for each subject area.
(6) The Michigan merit examination shall be
administered each year after March
1 and before June 1 to pupils in grade 11 DURING
THE LAST 12 WEEKS OF EACH DISTRICT’S
SCHOOL YEAR. The superintendent shall ensure that the Michigan merit examination is
scored and the scores are returned to pupils, their parents or legal guardians, and
districts not later than the beginning of the pupil's first semester of grade 12. The
returned scores shall indicate at least the pupil's scaled score for each subject area
component and the range of scaled scores for each subject area. In reporting the
scores to pupils, parents, and schools, the superintendent shall provide standards-
specific, meaningful, and timely feedback on the pupil's performance on the Michigan
merit examination.
(7) A district shall administer the complete Michigan merit examination to a
pupil only once and shall not administer the complete Michigan merit examination to
the same pupil more than once. If a pupil does not take the complete Michigan merit
examination in grade 11, the district shall administer the complete Michigan merit
examination to the pupil in grade 12. If a pupil chooses to retake the college
entrance examination component of the Michigan merit examination, as described in
subsection (2)(a), the pupil may do so through the provider of the college entrance
examination component and the cost of the retake is the responsibility of the pupil
unless all of the following are met:
(a) The pupil has taken the complete Michigan merit examination.
(b) The pupil did not qualify for a Michigan promise grant under section 6 of
the Michigan promise grant act, 2006 PA 479, MCL 390.1626, based on the pupil's
performance on the complete Michigan merit examination.
(c) The pupil meets the income eligibility criteria for free breakfast, lunch,
or milk, as determined under the Richard B. Russell national school lunch act, 42 USC
1751 to 1769i.
(d) The pupil has applied to the provider of the college entrance examination
component for a scholarship or fee waiver to cover the cost of the retake and that
application has been denied.
(e) After taking the complete Michigan merit examination, the pupil has not
already received a free retake of the college entrance examination component paid for
either by this state or through a scholarship or fee waiver by the provider.
(8) The superintendent shall ensure that the length of the Michigan merit
examination and the combined total time necessary to administer all of the components
of the Michigan merit examination are the shortest possible that will still maintain
the degree of reliability and validity of the Michigan merit examination results
determined necessary by the superintendent. The
superintendent shall ensure that the
maximum total combined length of time that schools are
required to set aside for
pupils to answer all test questions on the Michigan merit
examination does not exceed
8 hours if the superintendent determines that sufficient
alignment to applicable
Michigan merit curriculum content standards can be achieved
within that time limit.
(9) A district shall provide accommodations to a pupil with disabilities for
the Michigan merit examination, as provided under section 504 of title V of the
rehabilitation act of 1973, 29 USC 794; subtitle A of title II of the Americans with
disabilities act of 1990, 42 USC 12131 to 12134; the individuals with disabilities
education act amendments of 1997, Public Law 105-17; and the implementing regulations
for those statutes. The provider or providers of the Michigan merit examination and
the superintendent shall mutually agree upon the accommodations to be provided under
this subsection.
(10) To the greatest extent possible, the Michigan merit examination shall be
based on grade level content expectations or course content expectations, as
appropriate. Not later than July 1, 2008, the department shall identify specific grade
level content expectations to be taught before and after the middle of grade 11, so
that teachers will know what content will be covered within the Michigan merit
examination.
(11) A child who is a student in a nonpublic school or home school may take the
Michigan merit examination under this section. To take the Michigan merit examination,
a child who is a student in a home school shall contact the district in which the
child resides, and that district shall administer the Michigan merit examination, or
the child may take the Michigan merit examination at a nonpublic school if allowed by
the nonpublic school. Upon request from a nonpublic school, the superintendent shall
direct the provider or providers to supply the Michigan merit examination to the
nonpublic school and the nonpublic school may administer the Michigan merit
examination. If a district administers the Michigan merit examination under this
subsection to a child who is not enrolled in the district, the scores for that child
are not considered for any purpose to be scores of a pupil of the district.
(12) In contracting under subsection (2), the department of management and
budget shall consider a contractor that provides electronically-scored essays with the
ability to score constructed response feedback in multiple languages and provide
ongoing instruction and feedback.
(13) The purpose of the Michigan merit examination is to assess pupil
performance in mathematics, science, social studies, and English language arts for the
purpose of improving academic achievement and establishing a statewide standard of
competency. The assessment under this section provides a common measure of data that
will contribute to the improvement of Michigan schools' curriculum and instruction by
encouraging alignment with Michigan's curriculum framework standards and promotes
pupil participation in higher level mathematics, science, social studies, and English
language arts courses. These standards are based upon the expectations of what pupils
should learn through high school and are aligned with national standards.
(14) For a pupil enrolled in a middle college program, other than a middle
college operated as a shared educational entity or a specialized shared educational
entity, if the pupil receives at least 50% of his or her instruction at the high
school while in grade 11, the Michigan merit examination shall be administered to the
pupil at the high school at which the pupil receives high school instruction, and the
department shall include the pupil's scores on the Michigan merit examination in the
scores for that high school for all purposes for which a school's or district's
results are reported. The department shall allow the middle college program to use a
5-year graduation rate for determining adequate yearly progress. As used in this
subsection, "middle college" means a program consisting of a series of courses and
other requirements and conditions, including an early college or other program created
under a memorandum of understanding, that allows a pupil to graduate from high school
with both a high school diploma and a certificate or degree from a community college
or state public university.
(15) As used in this section:
(a) "English language arts" means reading and writing.
(b) "Social studies" means United States history, world history, world
geography, economics, and American government.
Sec. 107. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $22,000,000.00 for 2013-2014 2014-2015 for adult education
programs authorized under this section. Funds allocated under this section are
restricted for adult education programs as authorized under this section only. A
recipient of funds under this section shall not use those funds for any other purpose.
(2) To be eligible for funding under this section, a program shall employ
certificated teachers and qualified administrative staff and shall offer continuing
education opportunities for teachers to allow them to maintain certification.
(3) To be eligible to be a participant funded under this section, a person
shall be enrolled in an adult basic education program, an adult English as a second
language program, a general educational development (G.E.D.) test preparation program,
a job- or employment-related program, or a high school completion program, that meets
the requirements of this section, AND FOR WHICH INSTRUCTION IS PROVIDED, and shall
meet either of the following, as applicable:
(a) If the individual has obtained a high school diploma or a general
educational development (G.E.D.) certificate, the individual meets 1 of the following:
(i) Is less than 20 years of age on September 1 of the school year and is
enrolled in the Michigan career and technical institute.
(ii) Is less than 20 years of age on September 1 of the school year, is not
attending an institution of higher education, and is enrolled in a job- or employment-
related program through a referral by an employer OR BY A MICHIGAN WORKFORCE AGENCY.
(iii) Is enrolled in an English as a second language program.
(iv) Is enrolled in a high school completion program.
(b) If the individual has not obtained a high school diploma or G.E.D.
certificate, the individual meets 1 of the following:
(i) Is at least 20 years of age on September 1 of the school year.
(ii) Is at least 16 years of age on September 1 of the school year, has been
permanently expelled from school under section 1311(2) or 1311a of the revised school
code, MCL 380.1311 and 380.1311a, and has no appropriate alternative education program
available through his or her district of residence.
(4) Except as otherwise provided in subsection
(5), the money allocated under
this section shall be distributed as follows:
(a) For districts and consortia that received
payments for 2012-2013 under this
section, the amount allocated to each for 2013-2014 shall
be based on the number of
participants served by the district or consortium for
2013-2014, using the amount
allocated per full-time equated participant under
subsection (7), up to a maximum
total allocation under this subsection in an amount equal
to the amount the district
or consortium received for 2012-2013 under this section
before any reallocations made
for 2012-2013 under subsection (5).
(b) A district or consortium that received funding
in 2012-2013 under this
section may operate independently of a consortium or join
or form a consortium for
2013-2014. The allocation for 2013-2014 to the district or
the newly formed consortium
under this subsection shall be determined by the department
and shall be based on the
proportion of the amounts that are attributable to the
district or consortium that
received funding in 2012-2013. A district or consortium
described in this subdivision
shall notify the department of its intention with regard to
2013-2014 by October 1,
2013.
(5) A district that operated an adult education
program in 2012-2013 and does
not intend to operate a program in 2013-2014 shall notify
the department by October 1,
2013 of its intention. The money intended to be allocated
under this section to a
district that does not operate a program in 2013-2014 and
the unspent money originally
allocated under this section to a district or consortium
that subsequently operates a
program at less than the level of funding allocated under
subsection (4) and any other
unallocated money under this section shall instead be
proportionately reallocated to
the other districts described in subsection (4)(a) that are
operating an adult
education program in 2013-2014 under this section.
(4) FROM THE FUNDS ALLOCATED UNDER SUBSECTION (1), AN AMOUNT SHALL BE ALLOCATED
TO EACH INTERMEDIATE DISTRICT SERVING AS A FISCAL AGENT FOR ADULT EDUCATION PROGRAMS
IN EACH OF THE 10 PROSPERITY REGIONS IDENTIFIED BY THE DEPARTMENT. FOR 2014-2015, 67%
OF THE ALLOCATION PROVIDED TO EACH INTERMEDIATE DISTRICT SERVING AS A FISCAL AGENT
SHALL BE BASED ON THE PROPORTION OF TOTAL FUNDING FORMERLY RECEIVED BY THE ADULT
EDUCATION PROVIDERS IN THAT PROSPERITY REGION IN 2013-2014 AND 33% SHALL BE ALLOCATED
BASED ON THE FACTORS IN SUBDIVISIONS (A), (B) AND (C). FOR 2015-2016, 33% OF THE
ALLOCATION PROVIDED TO EACH INTERMEDIATE DISTRICT SERVING AS A FISCAL AGENT SHALL BE
BASED UPON THE PROPORTION OF TOTAL FUNDING FORMERLY RECEIVED BY THE ADULT EDUCATION
PROVIDERS IN THAT PROSPERITY REGION IN 2013-2014 AND 67% OF THE ALLOCATION SHALL BE
BASED UPON THE FACTORS IN SUBDIVISIONS (A), (B) AND (C). FOR 2016-2017, 100% OF THE
ALLOCATION PROVIDED TO EACH INTERMEDIATE DISTRICT SERVING AS A FISCAL AGENT SHALL BE
BASED ON THE FACTORS IN SUBDIVISIONS (A), (B), AND (C). NOT MORE THAN 5% OF AN
ALLOCATION AWARDED TO AN INTERMEDIATE DISTRICT THAT IS A FISCAL AGENT SHALL BE USED
FOR ADMINISTRATION OF THE PROGRAMS AUTHORIZED UNDER THIS SECTION BY THE INTERMEDIATE
DISTRICT ACTING AS THE FISCAL AGENT AND THE PROGRAM PROVIDERS.
(A) SIXTY PERCENT SHALL BE DISTRIBUTED BASED UPON THE PROPORTION OF THE STATE
POPULATION OF PERSONS BETWEEN THE AGES OF 18 AND 24 THAT ARE NOT HIGH SCHOOL GRADUATES
CONTAINED IN EACH OF THE PROSPERITY REGIONS, AS REPORTED BY THE MOST RECENT 5-year
estimates from the American Community Survey (ACS) from the UNITED STATES CENSUS
Bureau.
(B) THIRTY-FIVE PERCENT SHALL BE DISTRIBUTED BASED UPON THE PROPORTION OF THE
STATE POPULATION OF PERSONS AGED 25 OR OLDER THAT ARE NOT HIGH SCHOOL GRADUATES
CONTAINED IN EACH OF THE PROSPERITY REGIONS, AS REPORTED BY THE MOST RECENT 5-year
estimates from the American Community Survey (ACS) from the UNITED STATES CENSUS
Bureau.
(C) FIVE PERCENT SHALL BE DISTRIBUTED BASED UPON THE PROPORTION OF THE STATE
POPULATION OF PERSONS AGED 18 AND OLDER THAT LACK BASIC ENGLISH PROFICIENCY CONTAINED
IN EACH OF THE PROSPERITY REGIONS, AS REPORTED BY THE MOST RECENT 5-year estimates
from the American Community Survey (ACS) from the UNITED STATES CENSUS Bureau.
(5) TO BE AN ELIGIBLE FISCAL AGENT, AN INTERMEDIATE DISTRICT MUST AGREE TO DO
THE FOLLOWING IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT:
(A) DISTRIBUTE FUNDS TO ADULT EDUCATION PROGRAMS IN A PROSPERITY REGION AS
DESCRIBED IN THIS SECTION.
(B) COLLABORATE WITH EDUCATION ADVISORY GROUPS OF THE WORKFORCE DEVELOPMENT
BOARDS LOCATED IN THE PROSPERITY REGION TO DEVELOP A REGIONAL STRATEGY THAT ALIGNS
ADULT EDUCATION PROGRAMS AND SERVICES INTO AN EFFICIENT AND EFFECTIVE DELIVERY SYSTEM
FOR ADULT EDUCATION LEARNERS.
(C) COLLABORATE WITH EDUCATION ADVISORY GROUPS OF THE WORKFORCE DEVELOPMENT
BOARDS LOCATED IN THE PROSPERITY REGION TO create a local process and criteria that
will identify eligible adult education providers TO RECEIVE FUNDS ALLOCATED UNDER THIS
SECTION based on location, demand FOR SERVICES, and cost to provide instructional
services. ALL LOCAL PROCESSES, CRITERIA AND PROVIDER DETERMINATIONS MUST BE APPROVED
BY THE DEPARTMENT BEFORE FUNDS MAY BE DISTRIBUTED TO THE FISCAL AGENT.
(D) REPORT ADULT EDUCATION PROGRAM AND PARTICIPANT DATA AND INFORMATION AS
PRESCRIBED BY THE DEPARTMENT.
(6) The amount allocated under this section per full-time equated participant
is
shall not exceed $2,850.00
for a 450-hour program. The amount shall be
proportionately reduced for a program offering less than 450 hours of instruction.
(7) An adult basic education program or an adult English as a second language
program operated on a year-round or school year basis may be funded under this
section, subject to all of the following:
(a) The program enrolls adults who are determined by a department-approved
assessment, in a form and manner prescribed by the department, to be below ninth grade
level in reading or mathematics, or both, or to lack basic English proficiency.
(b) The program tests individuals for eligibility under subdivision (a) before
enrollment and upon completion of the program in compliance with the state-approved
assessment policy.
(c) A participant in an adult basic education program is eligible for
reimbursement until 1 of the following occurs:
(i) The participant's reading and mathematics proficiency are assessed at or
above the ninth grade level.
(ii) The participant fails to show progress on 2 successive assessments after
having completed at least 450 hours of instruction.
(d) A funding recipient enrolling a participant in an English as a second
language program is eligible for funding according to subsection (11) until the
participant meets 1 of the following:
(i) The participant is assessed as having attained basic English proficiency as
determined by a department-approved assessment.
(ii) The participant fails to show progress on 2 successive department-approved
assessments after having completed at least 450 hours of instruction. The department
shall provide information to a funding recipient regarding appropriate assessment
instruments for this program.
(8) A general educational development (G.E.D.) test preparation program
operated on a year-round or school year basis may be funded under this section,
subject to all of the following:
(a) The program enrolls adults who do not have a high school diploma.
(b) The program shall administer a G.E.D.
pre-test approved by the department
before enrolling an individual to determine the individual's literacy levels,
administer a G.E.D. practice test to determine the individual’s potential for success
on the G.E.D. test, and shall administer a post-test upon completion of the program in
compliance with the state-approved assessment policy.
(c) A funding recipient shall receive funding according to subsection (11) for
a participant, and a participant may be enrolled in the program until 1 of the
following occurs:
(i) The participant passes obtains the
G.E.D. test.
(ii) The participant fails to show progress on 2 successive department-approved
assessments used to determine readiness to take the G.E.D. test after having completed
at least 450 hours of instruction.
(9) A high school completion program operated on a year-round or school year
basis may be funded under this section, subject to all of the following:
(a) The program enrolls adults who do not have a high school diploma.
(b) The program tests participants described in subdivision (a) before
enrollment and upon completion of the program in compliance with the state-approved
assessment policy.
(c) A funding recipient shall receive funding according to subsection (11) for
a participant in a course offered under this subsection until 1 of the following
occurs:
(i) The participant passes the course and earns a high school diploma.
(ii) The participant fails to earn credit in 2 successive semesters or terms in
which the participant is enrolled after having completed at least 900 hours of
instruction.
(10) A job- or employment-related adult education program operated on a year-
round or school year basis may be funded under this section, subject to all of the
following:
(a) The program enrolls adults referred by their employer who are less than 20
years of age, have a high school diploma, are determined to be in need of remedial
mathematics or communication arts skills and are not attending an institution of
higher education.
(b) The program tests participants described in subdivision (a) before
enrollment and upon completion of the program in compliance with the department-
approved assessment policy.
(c) An individual may be enrolled in this program and the grant recipient shall
receive funding according to subsection (11) until 1 of the following occurs:
(i) The individual achieves the requisite skills as determined by department-
approved assessment instruments.
(ii) The individual fails to show progress on 2 successive assessments after
having completed at least 450 hours of instruction.
(11) A funding recipient shall receive payments under this section in
accordance with the following:
(a) Ninety seventy-five
percent for enrollment
of eligible participants.
(b) Ten twenty-five percent for participant completion of the adult basic
education objectives by achieving an increase of at
least 1 grade level of proficiency
in reading or mathematics educational gain as defined by the national reporting system
levels; for achieving basic English proficiency, as defined by the department
in the
adult education guidebook; for obtaining a G.E.D. or passage of 1 or more
individual
G.E.D. tests; for attainment of a high school diploma or passage of a course required
for a participant to attain a high school diploma; or
for completion of the course and
demonstrated proficiency in the academic skills to be
learned in the course
for
enrollment in a postsecondary institution; or for entry or retainment of employment,
as applicable.
(12) As used in this section,
"participant" means the sum of the number of
full-time equated individuals enrolled in and attending a
department-approved adult
education program under this section, using quarterly
participant count days on the
schedule described in section 6(7)(b).
(12) (13) A person who is not eligible to be
a participant funded under this
section may receive adult education services upon the payment of tuition. In addition,
a person who is not eligible to be served in a program under this section due to the
program limitations specified in subsection (7), (8), (9), or (10) may continue to
receive adult education services in that program upon the payment of tuition. The
tuition level shall be determined by the local or intermediate district conducting the
program.
(13) (14) An individual who is an
inmate in a state correctional facility shall
not be counted as a participant under this section.
(14) (15) A district FUNDING RECIPIENT shall not commingle money received under
this section or from another source for adult education purposes with any other funds
of the district. A district receiving adult education funds BUT
shall establish a
separate ledger account for those funds RECEIVED UNDER THIS SECTION. This subsection
does not prohibit a district from using general funds of the district to support an
adult education or community education program.
(15) (16) A district or
intermediate district FUNDING
RECIPIENT receiving
funds
under this section may establish a sliding scale of tuition rates based upon a
participant's family income. A district or intermediate
district FUNDING RECIPIENT may
charge a participant tuition to receive adult education services under this section
from that sliding scale of tuition rates on a uniform basis. The amount of tuition
charged per participant shall not exceed the actual operating cost per participant
minus any funds received under this section per
participant. A district or
intermediate district FUNDING
RECIPIENT may not
charge a participant tuition under
this section if the participant's income is at or below 200% of the federal poverty
guidelines published by the United States department of health and human services.
(16) (17) In order to receive
funds under this section, a district FUNDING
RECIPIENT shall furnish to the department, in a form and manner determined by the
department, all information needed to administer this program and meet federal
reporting requirements; shall allow the department or the department's designee to
review all records related to the program for which it receives funds; and shall
reimburse the state for all disallowances found in the review, as determined by the
department.
(17) (18) All intermediate
district participant audits of adult education
programs shall be performed pursuant to the adult education participant auditing and
accounting manuals published by the department.
(19) It is the intent of the legislature to study
allocating funds under this
section on a competitive basis beginning for 2014-2015.
(18) (20) As used in this section,
"department" means the Michigan strategic
fund.:
(A) "department" means the Michigan strategic fund.
(B) "ELIGIBLE ADULT EDUCATION PROVIDER" IS A DISTRICT, INTERMEDIATE DISTRICT, A
CONSORTIUM OF DISTRICTS, A CONSORTIUM OF INTERMEDIATE DISTRICTS, OR A CONSORTIUM OF
DISTRICTS AND INTERMEDIATE DISTRICTS THAT ARE IDENTIFIED AS PART OF THE LOCAL PROCESS
DESCRIBED IN SECTION (5)(A)(III)and approved by the department.
(C) "participant" means the sum of the number of full-time equated individuals
enrolled in and attending a department-approved adult education program under this
section, using quarterly participant count days on the schedule described in section
6(7)(b).
Sec. 147. (1) The allocation each fiscal year for
2013-2014 and for 2014-2015
for the public school employees' retirement system pursuant to the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, shall be made
using the individual projected benefit entry age normal cost method of valuation and
risk assumptions adopted by the public school employees retirement board and the
department of technology, management, and budget.
(2) The annual level percentage of payroll
contribution rates for the 2013-2014
fiscal year, as determined by the retirement system, are
estimated as follows:
(a) For public school employees who first worked for
a public school reporting
unit before July 1, 2010 and who are enrolled in the health
premium subsidy, the
annual level percentage of payroll contribution rate is
estimated at 29.35%, with
24.79% paid directly by the employer.
(b) For public school employees who first worked for
a public school reporting
unit on or after July 1, 2010 and who are enrolled in the
health premium subsidy, the
annual level percentage of payroll contribution rate is
estimated at 29.12%, with
24.56% paid directly by the employer.
(c) For public school employees who first worked for
a public school reporting
unit on or after July 1, 2010 and who participate in the
pension plus plan and in the
personal healthcare fund, the annual level percentage of
payroll contribution rate is
estimated at 28.19%, with 23.63% paid directly by the
employer.
(d) For public school employees who first worked for
a public school reporting
unit on or after September 4, 2012, who elect defined
contribution, and who
participate in the personal healthcare fund, the annual
level percentage of payroll
contribution rate is estimated at 25.52%, with 20.96% paid
directly by the employer.
(e) For public school employees who first worked for
a public school reporting
unit before July 1, 2010, who elect defined contribution,
and who are enrolled in the
health premium subsidy, the annual level percentage of
payroll contribution rate is
estimated at 26.45%, with 21.89% paid directly by the
employer.
(f) For public school employees who first worked for
a public school reporting
unit before July 1, 2010, who elect defined contribution,
and who participate in the
personal healthcare fund, the annual level percentage of
payroll contribution rate is
estimated at 25.52%, with 20.96% paid directly by the
employer.
(g) For public school employees who first worked for
a public school reporting
unit before July 1, 2010 and who participate in the
personal healthcare fund, the
annual level percentage of payroll contribution rate is
estimated at 28.42%, with
23.86% paid directly by the employer.
(2) (3) The annual level
percentage of payroll contribution rates for the 2014-
2015 fiscal year, as determined by the retirement system, are estimated as follows:
(a) For public school employees who first worked for a public school reporting
unit before July 1, 2010 and who are enrolled in the health premium subsidy, the
annual level percentage of payroll contribution rate is
estimated at 33.10% 33.99%,
with 25.78% 24.58% paid directly by the employer.
(b) For public school employees who first worked for a public school reporting
unit on or after July 1, 2010 and who are enrolled in the health premium subsidy, the
annual level percentage of payroll contribution rate is
estimated at 32.02% 32.91%,
with 24.70% 23.50% paid directly by the employer.
(c) For public school employees who first worked for a public school reporting
unit on or after July 1, 2010 and who participate in the personal healthcare fund, the
annual level percentage of payroll contribution rate is
estimated at 31.51% 32.40%,
with 24.19% 22.99% paid directly by the employer.
(d) For public school employees who first worked for a public school reporting
unit on or after September 4, 2012, who elect defined contribution, and who
participate in the personal healthcare fund, the annual level percentage of payroll
contribution rate is estimated at 28.28% 29.17%, with 20.96% 19.76% paid directly by
the employer.
(e) For public school employees who first worked for a public school reporting
unit before July 1, 2010, who elect defined contribution, and who are enrolled in the
health premium subsidy, the annual level percentage of payroll contribution rate is
estimated at 28.79% 29.68%, with 21.47%
20.27% paid directly by the employer.
(f) For public school employees who first worked for a public school reporting
unit before July 1, 2010, who elect defined contribution, and who participate in the
personal healthcare fund, the annual level percentage of payroll contribution rate is
estimated at 28.28% 29.17%, with 20.96%
19.76% paid directly by the employer.
(g) For public school employees who first worked for a public school reporting
unit before July 1, 2010 and who participate in the personal healthcare fund, the
annual level percentage of payroll contribution rate is
estimated at 32.59% 33.48%,
with 25.27% 24.07% paid directly by the employer.
(4) In addition to the employer payments described in subsections (2) and (3),
the employer shall pay the applicable contributions to the Tier 2 plan, as determined
by the public school employees retirement act of 1979, 1980 PA 300 MCL 38.1301 to
38.1408.
(5) The contribution rates in subsection (2) reflect an amortization period of
25
24 years for 2013-2014 2014-2015. The
public school employees' retirement system
board shall notify each district and intermediate district by February 28 of each
fiscal year of the estimated contribution rate for the next fiscal year.
Sec. 147b. (1) The MPSERS retirement obligation reform reserve fund is created
as a separate account within the state school aid fund.
(2) The state treasurer may receive money or other assets from any source for
deposit into the MPSERS retirement obligation reform reserve fund. The state treasurer
shall direct the investment of the MPSERS retirement obligation reform reserve fund.
The state treasurer shall credit to the MPSERS retirement obligation reform reserve
fund interest and earnings from the MPSERS retirement obligation reform reserve fund.
(3) Money available in the MPSERS retirement obligation reform reserve fund
shall not be expended without a specific appropriation.
(4) Money in the MPSERS retirement obligation reform reserve fund at the close
of the fiscal year shall remain in the MPSERS retirement obligation reform reserve
fund and shall not lapse to the state school aid fund or to the general fund. The
department of treasury shall be the administrator of the MPSERS retirement obligation
reform reserve fund for auditing purposes.
(5) If the contributions described in section 43e of the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1343e, as that section was added
by 2010 PA 75, are determined by a final order of a court of competent jurisdiction
for which all rights of appeal have been exhausted to be constitutional and if the
order for preliminary injunction in case no. 10-45-MM issued on July 13, 2010 is
lifted, the money placed in a separate interest bearing account as a result of
implementing the preliminary injunction shall be deposited into the MPSERS retirement
obligation reform reserve fund created in this section to be used solely for health
care unfunded accrued liabilities.
(6) IN ADDITION TO THE APPROPRIATION IN SECTION 11, THERE IS TRANSFERRED FROM
THE STATE SCHOOL AID FUND TO THE MPSERS RETIREMENT OBLIGATION REFORM RESERVE FUND AN
AMOUNT EQUAL TO $50,000,000.00.
Sec. 147c. (1) From the state school aid fund
money appropriated in section 11,
there is allocated for 2012-2013 an amount not to exceed
$160,000,000.00 for payments
to districts and intermediate districts that are
participating entities of the
retirement system. From the appropriation in section 11, there is allocated
for 2013-
2014 2014-2015 an amount not to exceed $247,300,000.00
$765,944,000.00 from the state
school aid fund, and there is appropriated for 2013-2014
2014-2015 an amount not to
exceed $156,000,000.00 $18,000,000.00 from the MPSERS retirement obligation reform
reserve fund, for payments to districts and intermediate districts that are
participating entities of the Michigan public school employees' retirement system.
(2) In addition to the allocation under
subsection (1), from the general fund
money appropriated under section 11, there is allocated for
payments to district
libraries that are participating entities of the retirement
system an amount not to
exceed $500,000.00 for 2012-2013 and an amount not to
exceed $1,300,000.00 for 2013-
2014.
(2) (3) Payments made under this
section for 2012-2013 shall be equal to the
difference between the unfunded actuarial accrued liability
contribution rate as
calculated pursuant to section 41 of the public school
employees retirement act of
1979, 1980 PA 300, MCL 38.1341, and the maximum employer
rate of 20.96% included in
section 41 of the public school employees retirement act of
1979, 1980 PA 300, MCL
38.1341. Payments made under this section for 2013-2014 2014-2015 shall be equal to
the difference between the unfunded actuarial accrued liability contribution rate as
calculated pursuant to section 41 of the public school employees retirement act of
1979, 1980 PA 300, MCL 38.1341, as calculated without taking into account the maximum
employer rate of 20.96% 19.76% included in section 41 of the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1341, and the maximum employer rate of
20.96% 19.76% included in section 41 of the
public school employees retirement act of
1979, 1980 PA 300, MCL 38.1341.
(3) (4) The amount allocated to
each participating entity under this section
shall be based on each participating entity's proportion of the total covered payroll
for the immediately preceding fiscal year for the same type of participating entities.
A participating entity that receives funds under this section shall use the funds
solely for the purpose of retirement contributions as
specified in subsection (5) (4).
(4) (5) Each participating
entity receiving funds under this section shall
forward an amount equal to the amount allocated under
subsection (4) (3) to the
retirement system in a form, manner, and time frame determined by the retirement
system.
(5) (6) Funds allocated under
this section should be considered when comparing
a district's growth in total state aid funding from 1 fiscal year to the next.
(6) (7) As used in this section:
(a) "Participating entity" means a district, intermediate district, or district
library that is a reporting unit of the Michigan public school employees' retirement
system under the public school employees retirement act of 1979, 1980 PA 300, MCL
38.1301 to 38.1437, and that reports employees to the Michigan public school
employees' retirement system for the applicable fiscal year.
(b) "Retirement board" means the board that administers the retirement system
under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to
38.1437.
(c) "Retirement system" means the Michigan public school employees' retirement
system under the public school employees retirement act of 1979, 1980 PA 300, MCL
38.1301 to 38.1437.
Sec. 152a. (1) As required by the court in the consolidated cases known as
Adair v State of Michigan, Michigan supreme court docket nos. 137424 and 137453, from
the state school aid fund money appropriated in section 11 there is allocated for
2013-2014 2014-2015 an amount not to exceed
$38,000,500.00 to be used solely for the
purpose of paying necessary costs related to the state-mandated collection,
maintenance, and reporting of data to this state.
(2) From the allocation in subsection (1), the department shall make payments
to districts and intermediate districts in an equal amount per pupil based on the
total number of pupils in membership in each district and intermediate district. The
department shall not make any adjustment to these payments after the final installment
payment under section 17b is made.
Sec. 161. A school official or member of a board or other person who neglects
or refuses to do or perform an act required by this act or who violates or knowingly
permits or consents to the violation of this act is guilty of a misdemeanor,
punishable by imprisonment for not more than 90 days, or a fine of not more than
$1,500.00, or both. THIS PENALTY IS IN ADDITION TO ALL OTHER FINANCIAL PENALTIES
OTHERWISE SPECIFIED IN THIS ARTICLE.
Sec. 163. (1) Except as provided in the revised school code, the board of a
district or intermediate district shall not permit any of the following:
(a) A noncertificated teacher to teach in an elementary or secondary school or
in an adult basic education or high school completion program.
(b) A noncertificated counselor to provide counseling services to pupils in an
elementary or secondary school or in an adult basic education or high school
completion program.
(2) Except as provided in the revised school code, a district or intermediate
district employing teachers or counselors not legally certificated shall have deducted
the sum equal to the amount paid the teachers or counselors for the period of
noncertificated or illegal employment. Each intermediate superintendent shall notify
the department of the name of the noncertificated teacher or counselor, and the
district employing that individual and the amount of salary the noncertificated
teacher or counselor was paid within a constituent district.
(3) If a school official is notified by the department that he or she is
employing a nonapproved noncertificated teacher or counselor in violation of this
section and knowingly continues to employ that teacher or counselor, the school
official is guilty of a misdemeanor, punishable by a fine of $1,500.00 for each
incidence. THIS PENALTY IS IN ADDITION TO ALL OTHER FINANCIAL PENALTIES OTHERWISE
SPECIFIED IN THIS ARTICLE.
Sec. 168. In order to receive funds under this act, a district, intermediate
district, grant recipient, contractor, or other entity that directly or indirectly
receives funds under this act shall allow access for the department or the
department's designee to audit all records related to a program for which it receives,
OR HAS RECEIVED DURING THE PREVIOUS THREE FISCAL YEARS, such funds. The district,
intermediate district, grant recipient, contractor, or otherentity shall reimburse the
state for all disallowances found in the ANY audit CONDUCTED PURSUANT TO THIS
ACT.
ARTICLE II
STATE AID TO COMMUNITY COLLEGES
Sec. 201. (1) Subject to the conditions set forth in this article, the amounts
listed in subsections (2), (4), AND (5), (6), and (7) are appropriated for community
colleges for the fiscal year ending September 30, 2014,
2015 from the funds indicated
in this section. The following is a summary of the appropriations in subsections (2),
(4), AND (5), (6), and (7):
(a) The gross appropriation is $335,977,600.00.
$371,524,900.00. After
deducting total interdepartmental grants and intradepartmental transfers in the amount
of $0.00, the adjusted gross appropriation is $335,977,600.00.
$371,524,900.00.
(b) The sources of the adjusted gross appropriation described in subdivision
(a) are as follows:
(i) Total federal revenues, $0.00.
(ii) Total local revenues, $0.00.
(iii) Total private revenues, $0.00.
(iv) Total other state restricted revenues, $197,614,100.00.
(v) State general fund/general purpose money, $138,363,500.00.
$173,910,800.00.
(2) Subject to subsection (3), the amount appropriated for community college
operations is $298,244,000.00, $307,191,300.00, allocated as follows:
(a) THE
APPROPRIATION FOR Alpena
Community College, $5,221,100.00. IS
$5,367,100.00, $5,236,500.00 FOR OPERATIONS AND $130,600.00 FOR PERFORMANCE FUNDING.
(b) THE
APPROPRIATION FOR Bay
de Noc Community College, $5,263,800.00. IS
$5,395,700.00, $5,279,300.00 FOR OPERATIONS AND $116,400.00 FOR PERFORMANCE FUNDING.
(c) THE
APPROPRIATION FOR Delta
College, $14,022,200.00. IS
$14,435,600.00,
$14,063,500.00 FOR OPERATIONS AND $372,100.00 FOR PERFORMANCE FUNDING.
(d) THE
APPROPRIATION FOR Glen
Oaks Community College, $2,434,300.00. IS
$2,505,100.00, $2,441,500.00 FOR OPERATIONS AND $63,600.00 FOR PERFORMANCE FUNDING.
(e) THE
APPROPRIATION FOR Gogebic
Community College, $4,317,500.00.
IS
$4,431,900.00, $4,330,300.00 FOR OPERATIONS AND $101,600.00 FOR PERFORMANCE FUNDING.
(f) THE
APPROPRIATION FOR Grand
Rapids Community College, $17,403,500.00. IS
$17,869,000.00, $17,454,900.00 FOR OPERATIONS AND $414,100.00 FOR PERFORMANCE FUNDING.
(g) THE
APPROPRIATION FOR Henry
Ford Community College, $20,997,900.00. IS
$21,529,000.00, $21,060,000.00 FOR OPERATIONS AND $469,000.00 FOR PERFORMANCE FUNDING.
(h) THE
APPROPRIATION FOR Jackson
Community College, $11,723,600.00.
IS
$12,034,400.00, $11,758,200.00 FOR OPERATIONS AND $276,200.00 FOR PERFORMANCE FUNDING.
(i) THE
APPROPRIATION FOR Kalamazoo
Valley Community College, $12,086,900.00 IS
$12,448,500.00, $12,122,500.00 FOR OPERATIONS AND $326,000.00 FOR PERFORMANCE FUNDING.
(j) THE
APPROPRIATION FOR Kellogg
Community College, $9,494,000.00.
IS
$9,770,700.00, $9,522,000.00 FOR OPERATIONS AND $248,700.00 FOR PERFORMANCE FUNDING.
(k) THE
APPROPRIATION FOR Kirtland
Community College, $3,046,800.00.
IS
$3,153,900.00, $3,055,700.00 FOR OPERATIONS AND $98,200.00 FOR PERFORMANCE FUNDING.
(l) THE
APPROPRIATION FOR Lake
Michigan College, $5,162,900.00. IS
$5,319,600.00, $5,178,100.00 FOR OPERATIONS AND $141,500.00 FOR PERFORMANCE FUNDING.
(m) THE
APPROPRIATION FOR Lansing
Community College, $29,935,300.00.
IS
$30,742,500.00, $30,023,700.00 FOR OPERATIONS AND $718,800.00 FOR PERFORMANCE FUNDING.
(n) THE
APPROPRIATION FOR Macomb
Community College, $31,837,200.00.
IS
$32,672,900.00, $31,931,200.00 FOR OPERATIONS AND $741,700.00 FOR PERFORMANCE FUNDING.
(o) THE
APPROPRIATION FOR Mid
Michigan Community College, $4,504,700.00. IS
$4,661,700.00, $4,517,900.00 FOR OPERATIONS AND $143,800.00 FOR PERFORMANCE FUNDING.
(p) THE
APPROPRIATION FOR Monroe
County Community College, $4,329,900.00. IS
$4,473,400.00, $4,342,600.00 FOR OPERATIONS AND $130,800.00 FOR PERFORMANCE FUNDING.
(q) THE
APPROPRIATION FOR Montcalm
Community College, $3,112,000.00.
IS
$3,212,700.00, $3,121,200.00 FOR OPERATIONS AND $91,500.00 FOR PERFORMANCE FUNDING.
(r) THE
APPROPRIATION FOR C.S.
Mott Community College, $15,202,200.00. IS
$15,617,500.00, $15,247,100.00 FOR OPERATIONS AND $370,400.00 FOR PERFORMANCE FUNDING.
(s) THE
APPROPRIATION FOR Muskegon
Community College, $8,628,000.00.
IS
$8,862,100.00, $8,653,500.00 FOR OPERATIONS AND $208,600.00 FOR PERFORMANCE FUNDING.
(t) THE
APPROPRIATION FOR North
Central Michigan College, $3,055,400.00. IS
$3,158,600.00, $3,064,400.00 FOR OPERATIONS AND $94,200.00 FOR PERFORMANCE FUNDING.
(u) THE
APPROPRIATION FOR Northwestern
Michigan College, $8,799,300.00. IS
$9,039,100.00, $8,825,300.00 FOR OPERATIONS AND $213,800.00 FOR PERFORMANCE FUNDING.
(v) THE
APPROPRIATION FOR Oakland
Community College, $20,422,900.00.
IS
$21,031,100.00, $20,483,100.00 FOR OPERATIONS AND $548,000.00 FOR PERFORMANCE FUNDING.
(w) THE
APPROPRIATION FOR St.
Clair County Community College, $6,839,900.00. IS
$7,030,700.00, $6,860,100.00 FOR OPERATIONS AND $170,600.00 FOR PERFORMANCE FUNDING.
(x) THE
APPROPRIATION FOR Schoolcraft
College, $12,076,700.00. IS
$12,459,200.00, $12,112,200.00 FOR OPERATIONS AND $347,000.00 FOR PERFORMANCE FUNDING.
(y) THE
APPROPRIATION FOR Southwestern
Michigan College, $6,385,400.00. IS
$6,547,600.00, $6,404,300.00 FOR OPERATIONS AND $143,300.00 FOR PERFORMANCE FUNDING.
(z) THE
APPROPRIATION FOR Washtenaw
Community College, $12,573,900.00.
IS
$13,020,600.00, $12,610,800.00 FOR OPERATIONS AND $409,800.00 FOR PERFORMANCE FUNDING.
(aa) THE
APPROPRIATION FOR Wayne
County Community College, $16,146,700.00. IS
$16,654,700.00, $16,194,300.00 FOR OPERATIONS AND $460,400.00 FOR PERFORMANCE FUNDING.
(bb) THE
APPROPRIATION FOR West
Shore Community College, $2,342,900.00. IS
$2,404,300.00, $2,349,800.00 FOR OPERATIONS AND $54,500.00 FOR PERFORMANCE FUNDING.
(cc) Local strategic value, $877,100.00. $1,342,100.00.
(3) The amount appropriated in subsection (2) for community college operations
is appropriated from the following:
(a) State school aid fund, $195,880,500.00.
(b) State general fund/general purpose money, $102,363,500.00.
$111,310,800.00.
(4) From the appropriations described in
subsection (1), there is appropriated
for fiscal year 2013-2014 an amount not to exceed
$1,733,600.00 for payments to
community colleges from the state school aid fund. A
community college that receives
money under this subsection shall use that money solely for
the purpose of offsetting
a portion of the retirement contributions owed by the
college for the fiscal year
ending September 30, 2014. The amount allocated to each
participating community
college under this section shall be based on each
participating college's total
payroll covered by the retirement system-covered payroll
for all participating
colleges for the immediately preceding state fiscal year.
(4) (5) From the appropriations
described in subsection (1), there is
appropriated an amount not to exceed $31,400,000.00 from
the state general fund
THE
AMOUNT APPROPRIATED for payments to community colleges that are participating entities
of the retirement system IS $60,833,600.00, $1,733,600.00 APPROPRIATED FROM THE STATE
SCHOOL AID FUND AND $59,100,000.00 APPROPRIATED FROM GENERAL FUND/GENERAL PURPOSE
MONEY. All of the following apply to
the appropriations described in this subsection:
(a) The amount of a payment under this subsection
shall be the difference
between the unfunded actuarial accrued liability
contribution rate as calculated under
section 41 of the public school employees retirement act of
1979, 1980 PA 300, MCL
38.1341, and the maximum employer rate of 20.96% under
section 41 of the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1341.
(b) The amount allocated to each community
college under this subsection shall
be based on each community college's percentage of the
total covered payroll for all
community colleges that are participating colleges in the
immediately preceding fiscal
year. A community college that receives funds under this
subsection shall use the
funds solely for the purpose of retirement contributions
under subdivision (c).
(c) Each participating college receiving funds
under this subsection shall
forward an amount equal to the amount allocated under
subdivision (b) to the
retirement system in a form and manner determined by the
retirement system.
(5) (6) All of the following apply to
community colleges described in section
12(3) of the Michigan renaissance zone act, MCL 125.2692: THE AMOUNT APPROPRIATED FOR
RENAISSANCE ZONE TAX REIMBURSEMENTS IS $3,500,000.00, APPROPRIATED FROM GENERAL
FUND/GENERAL PURPOSE MONEY.
(a) From the appropriations described in
subsection (1), the following amount
is appropriated for reimbursement to community colleges
under section 12(3) of the
Michigan renaissance zone act, MCL 125.2692:
(i) If the amount of tax revenue lost by
community colleges as a result of the
exemption of property under the Michigan renaissance zone
act in fiscal year 2012-2013
is $3,500,000.00 or more, $3,500,000.00 from the state
general fund.
(ii) If the amount of tax revenue lost by
community colleges as a result of the
exemption of property under the Michigan renaissance zone
act in fiscal year 2012-2013
is less than $3,500,000.00, the actual amount of tax
revenue lost by the community
colleges.
(b) The amount allocated to each community
college under this subsection shall
be based on that community college's proportion of total
revenue lost by community
colleges in fiscal year 2012-2013 as a result of the
exemption of property under the
Michigan renaissance zone act.
(c) The appropriations described in this
subsection shall be made to each
eligible community college within 60 days after the
department of treasury certifies
to the state budget director that it has received all
necessary information to
properly determine the amounts of tax revenue lost by each
eligible community college
in fiscal year 2012-2013 under section 12 of the Michigan
renaissance zone act, MCL
125.2692.
(7) From the appropriations described in
subsection (1), there is appropriated
$1,100,000.00 from the state general fund, for fiscal year
2013-2014 only, to the
Michigan community college association, for the purpose of
expanding the Michigan
community college virtual learning collaborative. The
Michigan community college
association shall provide information on request to the
house and senate subcommittees
on community colleges, the house and senate fiscal
agencies, and the state budget
director on the use of these funds until the project is
completed.
(8) As used in this section:
(a) "Michigan renaissance zone act"
means the Michigan renaissance zone act,
1996 PA 376, MCL 125.2681 to 125.2696.
(b) "Participating college" means a
community college that is a reporting unit
of the retirement system and that reports employees to the
retirement system for the
state fiscal year.
(c) "Retirement board" means the board
that administers the retirement system
under the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1301 to
38.1437.
(d) "Retirement system" means the
Michigan public school employees' retirement
system under the public school employees retirement act of
1979, 1980 PA 300, MCL
38.1301 to 38.1437.
Sec. 201a. It is the intent of the legislature to
provide appropriations
APPROPRIATIONS
SHALL BE MADE for the
fiscal year ending on September 30, 2015 2016 for
the items listed in section 201. The fiscal year 2014-2015
2015-2016 appropriations
are anticipated to be the same as those for fiscal year 2013-2014,
2014-2015, except
that the amounts will be adjusted for changes in RETIREMENT COSTS, caseload and
related costs, federal fund match rates, economic factors, and available revenue.
These adjustments will be determined after the January 2014
2015 consensus revenue
estimating conference.
Sec. 202a. As used in this article,:
(1) "MICHIGAN RENAISSANCE ZONE ACT" MEANS THE MICHIGAN RENAISSANCE ZONE ACT,
1996 PA 376, MCL 125.2681 TO 125.2696.
(2) "PARTICIPATING COLLEGE" MEANS A COMMUNITY COLLEGE THAT IS A REPORTING UNIT
OF THE RETIREMENT SYSTEM AND THAT REPORTS EMPLOYEES TO THE RETIREMENT SYSTEM FOR THE
STATE FISCAL YEAR.
(3) "RETIREMENT BOARD" MEANS THE BOARD THAT ADMINISTERS THE RETIREMENT SYSTEM
UNDER THE PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1301 TO
38.1437.
(4) "RETIREMENT SYSTEM" MEANS THE MICHIGAN PUBLIC SCHOOL EMPLOYEES' RETIREMENT
SYSTEM UNDER THE PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL
38.1301 TO 38.1437.
(5) "workforce WORKFORCE development agency" means the workforce development
agency of the Michigan strategic fund.
Sec. 206. The funds appropriated in section 201 are appropriated for community
colleges with fiscal years ending June 30, 2014 2015 and shall be paid out of the
state treasury and distributed by the state treasurer to the respective community
colleges in 11 monthly installments on the sixteenth of each month, or the next
succeeding business day, beginning with October 16, 2013
2014. Each community college
shall accrue its July and August 2014 2015 payments to its institutional fiscal year
ending June 30, 2014 2015. However,
if the state budget director determines that a
community college failed to submit all verified Michigan community colleges activities
classification structure data for school year 2012-2013
2013-2014 to the workforce
development agency by November 1, 2013 2014, or failed to submit its longitudinal data
system data set for school year 2012-2013 2013-2014 to the center for educational
performance and information under section 219, the state treasurer shall withhold the
monthly installments from that community college until those data are submitted. The
state budget director shall notify the chairs of the house and senate appropriations
subcommittees on community colleges at least 10 days before withholding funds from any
community college.
SEC. 207A. (1) APPROPRIATIONS IN SECTION 201(4) FOR PAYMENTS TO COMMUNITY
COLLEGES THAT ARE PARTICIPATING ENTITIES OF THE RETIREMENT SYSTEM SHALL BE ALLOCATED
IN ACCORDANCE WITH THIS SECTION.
(2) THE AMOUNT OF A PAYMENT UNDER SECTION 201(4) SHALL BE THE DIFFERENCE
BETWEEN THE UNFUNDED ACTUARIAL ACCRUED LIABILITY CONTRIBUTION RATE AS CALCULATED UNDER
SECTION 41 OF THE PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL
38.1341, AND THE MAXIMUM EMPLOYER RATE OF 19.76% UNDER SECTION 41 OF THE PUBLIC SCHOOL
EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1341.
(3) THE AMOUNT ALLOCATED TO EACH COMMUNITY COLLEGE UNDER SECTION 201(4) SHALL
BE BASED ON EACH COMMUNITY COLLEGE'S PERCENTAGE OF THE TOTAL COVERED PAYROLL FOR ALL
COMMUNITY COLLEGES THAT ARE PARTICIPATING COLLEGES IN THE IMMEDIATELY PRECEDING FISCAL
YEAR. A COMMUNITY COLLEGE THAT RECEIVES FUNDS UNDER THIS SUBSECTION SHALL USE THE
FUNDS SOLELY FOR THE PURPOSE OF RETIREMENT CONTRIBUTIONS UNDER SUBSECTION (4).
(4) EACH PARTICIPATING COLLEGE RECEIVING FUNDS UNDER SECTION 201(4) FOR
PURPOSES DESCRIBED IN THIS SECTION SHALL FORWARD AN AMOUNT EQUAL TO THE AMOUNT
ALLOCATED UNDER SUBSECTION (3) TO THE RETIREMENT SYSTEM IN A FORM AND MANNER
DETERMINED BY THE RETIREMENT SYSTEM.
SEC. 207B. (1) THIS SECTION SHALL APPLY TO COMMUNITY COLLEGES DESCRIBED IN
SECTION 12(3) OF THE MICHIGAN RENAISSANCE ZONE ACT, MCL 125.2692.
(2) THE AMOUNT ALLOCATED TO EACH COMMUNITY COLLEGE UNDER SECTION 201(5) SHALL
BE BASED ON THAT COMMUNITY COLLEGE'S PROPORTION OF TOTAL REVENUE LOST BY COMMUNITY
COLLEGES IN FISCAL YEAR 2013-2014 AS A RESULT OF THE EXEMPTION OF PROPERTY UNDER THE
MICHIGAN RENAISSANCE ZONE ACT.
(3) THE APPROPRIATIONS DESCRIBED IN SECTION 201(5) AND MADE IN ACCORDANCE WITH
THIS SECTION SHALL BE MADE TO EACH ELIGIBLE COMMUNITY COLLEGE WITHIN 60 DAYS AFTER THE
DEPARTMENT OF TREASURY CERTIFIES TO THE STATE BUDGET DIRECTOR THAT IT HAS RECEIVED ALL
NECESSARY INFORMATION TO PROPERLY DETERMINE THE AMOUNTS OF TAX REVENUE LOST BY EACH
ELIGIBLE COMMUNITY COLLEGE IN FISCAL YEAR 2013-2014 UNDER SECTION 12 OF THE MICHIGAN
RENAISSANCE ZONE ACT, MCL 125.2692.
Sec. 209. (1) Within 30 days after the board of a community college adopts its
annual operating budget for the following school fiscal year, or after the board
adopts a subsequent revision to that budget, the community college shall make all of
the following available through a link on its website homepage:
(a) The annual operating budget and subsequent budget revisions.
(b) A link to the most recent "Activities
Classification Structure Manual for
Michigan Community Colleges DATA
BOOK AND COMPANION".
(c) General fund revenue and expenditure projections
for fiscal year 2013-2014
and fiscal year 2014-2015 THE CURRENT
FISCAL YEAR AND NEXT FISCAL YEAR.
(d) A listing of all debt service obligations, detailed by project, anticipated
fiscal year 2013-2014 payment of each project, and
total outstanding debt FOR THE
CURRENT FISCAL YEAR.
(e) The estimated cost to the community college
resulting from the patient
protection and affordable care act, Public Law 111-148, as
amended by the health care
and education reconciliation act of 2010, Public Law
111-152.
(E) (f) Links to all of the
following for the community college:
(i) The current collective bargaining agreement for each bargaining unit.
(ii) Each health care benefits plan, including, but not limited to, medical,
dental, vision, disability, long-term care, or any other type of benefits that would
constitute health care services, offered to any bargaining unit or employee of the
community college.
(iii) Audits and financial reports for the most recent fiscal year for which
they are available.
(iv) A copy of the board of trustees resolution
regarding compliance with best
practices for the local strategic value component described
in section 230(3).
(2) For statewide consistency and public visibility, community colleges must
use the icon badge provided by the department of technology, management, and budget
consistent with the icon badge developed by the department of education for K-12
school districts. It must appear on the front of each community college's homepage.
The size of the icon may be reduced to 150 x 150 pixels.
(3) The state budget director shall determine
whether a community college has
complied with this section. The state budget director may
withhold a community
college's monthly installments described in section 206
until the community college
complies with this section. The state budget director shall
notify the chairs of the
house and senate appropriations subcommittee on community
colleges at least 10 days
before withholding funds from any community college.
(3) (4) Each community college
shall report the following information to the
senate and house appropriations subcommittees on community colleges, the senate and
house fiscal agencies, and the state budget office by November
15, 2013, OF EACH
FISCAL YEAR and post that information on the internet website required under
subsection (1):
(a) Budgeted CURRENT fiscal year 2013-2014
general fund revenue from tuition
and fees.
(b) Budgeted CURRENT fiscal year 2013-2014 general
fund revenue from state
appropriations.
(c) Budgeted CURRENT fiscal year 2013-2014
general fund revenue from property
taxes.
(d) Budgeted CURRENT fiscal year 2013-2014 total
general fund revenue.
(e) Budgeted CURRENT fiscal year 2013-2014 total
general fund expenditures.
Sec. 210. (1) Recognizing the critical importance of education in strengthening
Michigan's workforce, the legislature encourages each
community college IS ENCOURAGED
to explore ways of increasing collaboration and cooperation with 4-year universities,
particularly in the areas related to training, instruction, and program articulation.
(2) Recognizing the central role of community colleges in responding to local
employment needs and challenges, community colleges shall develop and continue efforts
to collaborate with local employers and students to identify local employment needs
and strategies to meet them.
(3) Community colleges are encouraged to collaborate with each other on
innovations to identify and meet local employment needs.
(4) Community colleges are encouraged to work with universities to develop
equivalency standards of core college courses and identify equivalent courses offered
by postsecondary institutions.
Sec. 213. It is the intent of the legislature
that community (1) COMMUNITY
colleges ARE ENCOURAGED TO work with public universities in the state to implement
statewide reverse transfer agreements to increase the number of students that are
awarded credentials of value upon completion of the necessary credits. These statewide
agreements shall enable students who have earned a significant number of credits at a
community college and transferred to a baccalaureate-granting institution before
completing a degree to transfer the credits earned at the baccalaureate institution
back to the community college in order to be awarded a credential of value.
(2) IT IS EXPECTED THAT THE MICHIGAN ASSOCIATION OF COLLEGIATE REGISTRARS AND
ADMISSIONS OFFICERS SHALL IMPLEMENT ANY AGREEMENT OR AGREEMENTS AMONG THE COMMUNITY
COLLEGES AND UNIVERSITIES CONCERNING THE TRANSFERABILITY OF COLLEGE COURSES RESULTING
FROM THE RECOMMENDATIONS OF THE COMMITTEE CREATED UNDER FORMER SECTION 210A.
Sec. 222. Each community college shall have an annual audit of all income and
expenditures performed by an independent auditor and shall furnish the independent
auditor's management letter and an annual audited accounting of all general and
current funds income and expenditures including audits of college foundations to the
members of the senate and house appropriations subcommittees on community colleges,
the senate and house fiscal agencies, the auditor general, the workforce development
agency, and the state budget director before November 15 of each year. If a community
college fails to furnish the audit materials, the monthly state aid installments shall
be withheld from that college until the information is submitted. All reporting shall
conform to the requirements set forth in the "2001 Manual for Uniform Financial
Reporting, Michigan Public Community Colleges". It
is the intent of the legislature
that a A community college shall make the information the
community college is
required to provide under this section available to the public on its internet
website.
Sec. 224. A community college shall use the P-20 longitudinal data system to
inform interested Michigan high schools AND THE PUBLIC of the aggregate academic
status of its students for the previous academic year, in a manner prescribed by the
Michigan community college association and in cooperation with the Michigan
association of secondary school principals. Community colleges shall cooperate with
the center for educational performance and information to design
and implement
MAINTAIN a systematic approach for accomplishing this work.
Sec. 225. Each community college shall report to the house and senate fiscal
agencies, the state budget director, and the workforce development agency by August
31, 2013 2014, the tuition and mandatory fees
paid by a full-time in-district student
and a full-time out-of-district student as established by the college governing board
for the 2013-2014 2014-2015
academic year. This report should also include the annual
cost of attendance based on a full-time course load of 30 credits. Each community
college shall also report any revisions to the reported 2012-2013
or 2013-2014 2014-
2015 academic year tuition and mandatory fees adopted by the college governing board
to the house and senate fiscal agencies, the state budget director, and the workforce
development agency within 15 days of being adopted.
Sec. 229. (1) It is the intent of the legislature
EXPECTED that each community
college that receives an appropriation in section 201 include in its admission
application process a specific question as to whether an applicant for admission is a
veteran, an active member of the military, a member of the national guard or military
reserves, or the spouse or dependent of a veteran, active member of the military, or
member of the national guard or military reserves, in order to more quickly identify
potential educational assistance available to that applicant.
(2) It is the intent of the legislature EXPECTED that each public community
college that receives an appropriation in section 201 shall work with the house and
senate community college subcommittees, the Michigan community college association,
and veterans groups to review the issue of in-district tuition for veterans of this
state when determining tuition rates and fees.
(3) As used in this section, "veteran" means an honorably discharged veteran
entitled to educational assistance under the provisions of section 5003 of the post-
911 veterans educational assistance act of 2008, 38 USC 3301 to 3324.
Sec. 229a. Included in the fiscal year 2013-2014
2014-2015 appropriations for
the department of technology, management, and budget are appropriations to provide
funding for the state share of costs for previously constructed capital projects for
community colleges. Those appropriations for state building authority rent represent
additional state general fund support for community colleges, and the following is an
estimate of the amount of that support to each community college:
(a) Alpena Community College, $434,500.00.
$485,400.00.
(b) Bay de Noc Community College, $644,500.00.
$636,600.00.
(c) Delta College, $2,877,700.00.
$2,842,800.00.
(d) Glen Oaks Community College, $124,900.00.
$123,300.00.
(e) Gogebic Community College, $78,100.00.
$16,900.00.
(f) Grand Rapids Community College, $1,700,400.00.
$1,792,400.00.
(g) Henry Ford Community College, $1,126,800.00.
$1,030,800.00.
(h) Jackson Community College, $1,809,500.00.
$1,787,300.00.
(i) Kalamazoo Valley Community College, $1,489,300.00.
$1,471,000.00.
(j) Kellogg Community College, $527,900.00.
$521,400.00.
(k) Kirtland Community College, $368,800.00.
$364,000.00.
(l) Lake Michigan College, $345,200.00.
$340,900.00.
(m) Lansing Community College, $617,600.00.
$610,100.00.
(n) Macomb Community College, $1,332,900.00.
$1,316,600.00.
(o) Mid Michigan Community College, $928,900.00.
$1,117,300.00.
(p) Monroe County Community College, $1,375,600.00.
$1,266,500.00.
(q) Montcalm Community College, $1,015,700.00.
$973,700.00.
(r) C.S. Mott Community College, $1,830,400.00.
$1,808,000.00.
(s) Muskegon Community College, $201,000.00.
$198,500.00.
(t) North Central Michigan College, $476,300.00.
$117,600.00.
(u) Northwestern Michigan College, $1,324,800.00.
$1,308,600.00.
(v) Oakland Community College, $472,100.00.
$466,300.00.
(w) St. Clair County Community College, $361,400.00.
$357,000.00.
(x) Schoolcraft College, $1,569,500.00.
$1,550,300.00.
(y) Southwestern Michigan College, $538,600.00.
$231,100.00.
(z) Washtenaw Community College, $2,023,100.00.
$1,680,600.00.
(aa) Wayne County Community College, $1,918,700.00.
$1,466,000.00.
(bb) West Shore Community College, $585,800.00.
$578,600.00.
Sec. 230. (1) It is the intent of the legislature
that the recommendations and
performance measures developed by the performance
indicators task force formed under
section 242 of 2005 PA 154 be reviewed and more fully
implemented for distribution of
state funding to community colleges in future years.
(1) (2) Any additional PERFORMANCE funding provided to community college
operations under section 201(2) in fiscal year 2013-2014
2014-2015 that exceeds the
amounts appropriated for operations in fiscal year
2012-2013 is
distributed based on
the following formula:
(a) Allocated proportionate to fiscal year 2012-2013
2013-2014 base
appropriations, 50%.
(b) Based on contact hour equated students, 10%.
(c) Based on administrative costs, 7.5%.
(d) Based on a weighted degree formula as provided for in the 2006
recommendations of the performance indicators task force, 17.5%.
(e) Based on the local strategic value component, as developed in cooperation
with the Michigan community college association and
described in subsection (3) (2),
15%.
(2) (3) The appropriation in
section 201(2)(cc) for local strategic value shall
be allocated to each community college that certifies to
the state budget director,
through a board of trustees resolution on or before November 1, 2013
OCTOBER 15, 2014,
that the college has met 4 out of 5 best practices listed in each category described
in subsection (4) (3). The
resolution shall provide specifics as to how the community
college meets each best practice measure within each
category. One-third
of funding
available under the strategic value component shall be allocated to each category
described in subsection (4) (3). Amounts distributed under local strategic value shall
be on a proportionate basis to each college's fiscal year 2012-2013
2013-2014
operations funding. Payments to community colleges that qualify for local strategic
value funding shall be distributed with the November installment payment described in
section 206.
(3) (4) For purposes of
subsection (3) (2), the following categories of best
practices reflect functional activities of community colleges that have strategic
value to the local communities and regional economies:
(a) For Category A, economic development and business or industry partnerships,
the following:
(i) The community college has active partnerships with local employers
including hospitals and health care providers.
(ii) The community college provides customized on-site training for area
companies, employees, or both.
(iii) The community college supports entrepreneurship through a small business
assistance center or other training or consulting activities targeted toward small
businesses.
(iv) The community college supports technological advancement through industry
partnerships, incubation activities, or operation of a Michigan technical education
center or other advanced technology center.
(v) The community college has active partnerships with local or regional
workforce and economic development agencies.
(b) For Category B, educational partnerships, the following:
(i) The community college has active partnerships with regional high schools,
intermediate school districts, and career-tech centers to provide instruction through
dual enrollment, direct credit, middle college, or academy programs.
(ii) The community college hosts, sponsors, or participates in enrichment
programs for area K-12 students, such as college days, summer or after-school
programming, or science Olympiad.
(iii) The community college provides, supports, or participates in programming
to promote successful transitions to college for traditional age students, including
grant programs such as talent search, upward bound, or other activities to promote
college readiness in area high schools and community centers.
(iv) The community college provides, supports, or participates in programming
to promote successful transitions to college for new or reentering adult students,
such as adult basic education, GED preparation, GED testing, or recruiting, advising,
or orientation activities specific to adults.
(v) The community college has active partnerships with regional 4-year colleges
and universities to promote successful transfer, such as articulation, 2+2, or reverse
transfer agreements or operation of a university center.
(c) For Category C, community services, the following:
(i) The community college provides continuing education programming for
leisure, wellness, personal enrichment, or professional development.
(ii) The community college operates or sponsors opportunities for community
members to engage in activities that promote leisure, wellness, cultural or personal
enrichment such as community sports teams, theater or musical ensembles, or artist
guilds.
(iii) The community college operates public facilities to promote cultural,
educational, or personal enrichment for community members, such as libraries, computer
labs, performing arts centers, museums, art galleries, or television or radio
stations.
(iv) The community college operates public facilities to promote leisure or
wellness activities for community members, including gymnasiums, athletic fields,
tennis courts, fitness centers, hiking or biking trails, or natural areas.
(v) The community college promotes, sponsors, or hosts community service
activities for students, staff, or community members.
SEC. 230A. (1) PAYMENTS UNDER SECTION 201 FOR PERFORMANCE FUNDING AND LOCAL
STRATEGIC VALUE SHALL ONLY BE MADE TO A COMMUNITY COLLEGE THAT CERTIFIES TO THE STATE
BUDGET DIRECTOR BY AUGUST 31, 2014 THAT ITS BOARD DID NOT ADOPT AN INCREASE IN TUITION
AND FEE RATES FOR RESIDENT STUDENTS AFTER FEBRUARY 5, 2014 FOR THE 2013-2014 ACADEMIC
YEAR AND THAT ITS BOARD WILL NOT ADOPT AN INCREASE IN TUITION AND FEE RATES FOR
RESIDENT STUDENTS FOR THE 2014-2015 ACADEMIC YEAR THAT IS GREATER THAN 3.2%. AS USED
IN THIS SECTION:
(A) "FEE" MEANS ANY BOARD-AUTHORIZED FEE THAT WILL BE PAID BY MORE THAN 1/2 OF
ALL RESIDENT STUDENTS AT LEAST ONCE DURING THEIR ENROLLMENT AT A COMMUNITY COLLEGE. A
COMMUNITY COLLEGE INCREASING A FEE THAT APPLIES TO A SPECIFIC SUBSET OF STUDENTS OR
COURSES SHALL PROVIDE SUFFICIENT INFORMATION TO PROVE THAT THE INCREASE APPLIED TO
THAT SUBSET WILL NOT CAUSE THE INCREASE IN THE AVERAGE AMOUNT OF BOARD-AUTHORIZED
TOTAL TUITION AND FEES PAID BY RESIDENT STUDENTS IN THE 2014-2015 ACADEMIC YEAR TO
EXCEED THE LIMIT ESTABLISHED IN THIS SUBSECTION.
(B) "RESIDENT STUDENT" MEANS A STUDENT THAT IS CONSIDERED BY THE COMMUNITY
COLLEGE TO BE A RESIDENT OF THE STATE OF MICHIGAN, AND SHALL INCLUDE BOTH STUDENTS
PAYING IN-DISTRICT TUITION AND FEES AND STUDENTS PAYING OUT-OF-DISTRICT TUITION AND
FEES.
(C) "TUITION AND FEE RATE" MEANS THE TOTAL OF ANY CHARGED FEES QUALIFYING UNDER
THE DEFINITION IN SUBDIVISION (A) AND THE CREDIT HOUR OR CONTACT HOUR TUITION RATE,
DEPENDING UPON THE COMMUNITY COLLEGE’S PRIMARY METHOD OF CHARGING TUITION. THE TUITION
RATE FOR THE 2 SEMESTERS WITH THE HIGHEST LEVELS OF FULL-TIME EQUATED RESIDENT STUDENT
ENROLLMENT DURING THE ACADEMIC YEAR SHALL BE USED.
(2) THE STATE BUDGET DIRECTOR SHALL IMPLEMENT UNIFORM REPORTING REQUIREMENTS TO
ENSURE THAT A COMMUNITY COLLEGE RECEIVING A PAYMENT UNDER SECTION 201 FOR PERFORMANCE
FUNDING OR LOCAL STRATEGIC VALUE HAS SATISFIED THE TUITION RESTRAINT REQUIREMENTS OF
THIS SECTION. THE STATE BUDGET DIRECTOR SHALL HAVE THE SOLE AUTHORITY TO DETERMINE IF
A COMMUNITY COLLEGE HAS MET THE REQUIREMENTS OF THIS SECTION. INFORMATION REPORTED BY
A COMMUNITY COLLEGE TO THE STATE BUDGET DIRECTOR UNDER THIS SUBSECTION SHALL ALSO BE
REPORTED TO THE HOUSE AND SENATE APPROPRIATIONS SUBCOMMITTEES ON COMMUNITY COLLEGES
AND THE HOUSE AND SENATE FISCAL AGENCIES.
(3) ANY PERFORMANCE FUNDING AMOUNTS UNDER SECTION 201 THAT ARE NOT PAID TO A
COMMUNITY COLLEGE BECAUSE IT DID NOT COMPLY WITH ANY REQUIREMENT UNDER SUBSECTION (1)
ARE UNAPPROPRIATED AND REAPPROPRIATED FOR PERFORMANCE FUNDING TO THOSE COMMUNITY
COLLEGES THAT MEET THE REQUIREMENTS UNDER SUBSECTION (1), DISTRIBUTED IN PROPORTION TO
THEIR PERFORMANCE FUNDING APPROPRIATION AMOUNTS UNDER SECTION 201.
(4) THE STATE BUDGET DIRECTOR SHALL REPORT TO THE HOUSE AND SENATE
APPROPRIATIONS SUBCOMMITTEES ON COMMUNITY COLLEGES AND THE HOUSE AND SENATE FISCAL
AGENCIES BY SEPTEMBER 17, 2014, REGARDING ANY PERFORMANCE FUNDING OR LOCAL STRATEGIC
VALUE AMOUNTS THAT ARE NOT PAID TO A COMMUNITY COLLEGE BECAUSE IT DID NOT COMPLY WITH
1 OR MORE REQUIREMENTS UNDER SUBSECTION (1) AND ANY REAPPROPRIATION OF FUNDS UNDER
SUBSECTION (3).
ARTICLE III
STATE AID FOR UNIVERSITIES AND STUDENT FINANCIAL AID
Sec. 236. (1) Subject to the conditions set forth in this article, the amounts
listed in subsections (2) to (6) are appropriated for higher education for the fiscal
year ending September 30, 2014 2015, from the funds indicated in this section. The
following is a summary of the appropriations in subsections (2) to (6):
(a) The gross appropriation is $1,430,573,500.00.
$1,512,494,100.00. After
deducting total interdepartmental grants and intradepartmental transfers in the amount
of $0.00, the adjusted gross appropriation is $1,430,573,500.00.
$1,512,494,100.00.
(b) The sources of the adjusted gross appropriation described in subdivision
(a) are as follows:
(i) Total federal revenues, $97,026,400.00.
(ii) Total local revenues, $0.00.
(iii) Total private revenues, $0.00.
(iv) Total other state restricted revenues, $200,565,700.00.
(v) State general fund/general purpose money,
$1,132,981,400.00.
$1,214,902,000.00.
(2) Amounts appropriated for public universities are as follows:
(a) The appropriation for Central Michigan
University is $73,486,600.00,
$79,283,400.00,
$71,352,300.00 $73,540,100.00
for operations and $2,134,300.00
$5,743,300.00 for performance funding, appropriated from the following:
(i) State school aid fund, $11,284,600.00.
$11,815,000.00.
(ii) State general fund/general purpose
money, $62,202,000.00. $67,468,400.00.
(b) The appropriation for Eastern Michigan
University is $67,255,600.00,
$71,906,800.00,
$66,466,700.00 $67,275,400.00
for operations and $788,900.00
$4,631,400.00 for performance funding, appropriated from the following:
(i) State school aid fund, $10,706,400.00.
$10,715,700.00.
(ii) State general fund/general purpose
money, $56,549,200.00. $61,191,100.00.
(c) The appropriation for Ferris State University is
$45,602,600.00,
$49,191,200.00,
$44,250,700.00 $45,636,500.00 for operations and $1,351,900.00
$3,554,700.00 for performance funding, appropriated from the following:
(i) State school aid fund, $6,846,800.00.
$7,330,600.00.
(ii) State general fund/general purpose
money, $38,755,800.00. $41,860,600.00.
(d) The appropriation for Grand Valley State
University is $57,765,100.00,
$63,296,500.00,
$55,436,000.00 $57,823,500.00
for operations and $2,329,100.00
$5,473,000.00 for performance funding, appropriated from the following:
(i) State school aid fund, $8,727,800.00.
$9,432,600.00.
(ii) State general fund/general purpose
money, $49,037,300.00. $53,863,900.00.
(e) The appropriation for Lake Superior State
University is $12,226,500.00,
$12,799,100.00,
$12,046,100.00 $12,231,000.00 for operations and $180,400.00
$568,100.00 for performance funding, appropriated from the following:
(i) State school aid fund, $1,787,600.00.
$1,907,400.00.
(ii) State general fund/general purpose
money, $10,438,900.00. $10,891,700.00.
(f) The appropriation for Michigan State University
is $305,775,000.00,
$324,599,500.00,
$245,037,000.00 $249,597,800.00
for operations, $4,449,300.00
$15,279,400.00 for performance funding, $30,243,900.00
$32,088,800.00 for MSU
AgBioResearch, and $26,044,800.00 $27,633,500.00 for MSU extension, appropriated from
the following:
(i) State school aid fund, $39,949,900.00.
$39,472,600.00.
(ii) State general fund/general purpose
money, $265,825,100.00.
$285,126,900.00.
(g) The appropriation for Michigan Technological
University is $43,451,900.00,
$45,997,100.00,
$42,579,100.00 $43,473,800.00 for operations and $872,800.00
$2,523,300.00 for performance funding, appropriated from the following:
(i) State school aid fund, $6,748,900.00.
$6,854,600.00.
(ii) State general fund/general purpose
money, $36,703,000.00. $39,142,500.00.
(h) The appropriation for Northern Michigan
University is $41,719,800.00,
$44,353,800.00,
$40,856,600.00 $41,741,400.00 for operations and $863,200.00
$2,612,400.00 for performance funding, appropriated from the following:
(i) State school aid fund, $6,356,900.00.
$6,609,700.00.
(ii) State general fund/general purpose
money, $35,362,900.00. $37,744,100.00.
(i) The appropriation for Oakland University is $45,634,800.00, $48,446,100.00,
$44,964,100.00 $45,651,600.00 for operations and $670,700.00
$2,794,500.00 for
performance funding, appropriated from the following:
(i) State school aid fund, $7,148,400.00.
$7,219,500.00.
(ii) State general fund/general purpose
money, $38,486,400.00. $41,226,600.00.
(j) The appropriation for Saginaw Valley State
University is $25,982,800.00,
$27,659,100.00,
$25,656,700.00 $25,991,000.00 for operations and $326,100.00
$1,668,100.00 for performance funding, appropriated from the following:
(i) State school aid fund, $3,903,800.00.
$4,121,800.00.
(ii) State general fund/general purpose
money, $22,079,000.00. $23,537,300.00.
(k) The appropriation for University of Michigan - Ann Arbor is
$279,108,700.00, $295,655,600.00,
$274,156,700.00 $279,232,700.00 for operations and
$4,952,000.00 $16,422,900.00 for performance funding,
appropriated from the following:
(i) State school aid fund, $44,536,300.00.
$44,059,300.00.
(ii) State general fund/general purpose
money, $234,572,400.00.
$251,596,300.00.
(l) The appropriation for University of
Michigan - Dearborn is $22,503,700.00,
$23,724,900.00,
$22,237,300.00 $22,510,400.00 for operations and $266,400.00
$1,214,500.00 for performance funding, appropriated from the following:
(i) State school aid fund, $3,482,100.00.
$3,535,500.00.
(ii) State general fund/general purpose
money, $19,021,600.00. $20,189,400.00.
(m) The appropriation for University of Michigan -
Flint is $19,928,100.00,
$21,380,000.00,
$19,526,600.00 $19,938,200.00 for operations and $401,500.00
$1,441,800.00 for performance funding, appropriated from the following:
(i) State school aid fund, $2,942,900.00.
$3,186,100.00.
(ii) State general fund/general purpose
money, $16,985,200.00. $18,193,900.00.
(n) The appropriation for Wayne State University is $183,933,000.00,
$190,734,900.00, $183,398,300.00 for operations and $534,700.00
$7,336,600.00 for
performance funding, appropriated from the following:
(i) State school aid fund, $30,160,600.00.
$28,423,700.00.
(ii) State general fund/general purpose
money, $153,772,400.00.
$162,311,200.00.
(o) The appropriation for Western Michigan
University is $97,235,200.00,
$102,907,000.00,
$95,487,500.00 $97,279,000.00 for operations and $1,747,700.00
$5,628,000.00 for performance funding, appropriated from the following:
(i) State school aid fund, $15,436,500.00.
$15,335,400.00.
(ii) State general fund/general purpose
money, $81,798,700.00. $87,571,600.00.
(3) The amount appropriated for Michigan public school employees’ retirement
system reimbursement is $2,446,200.00, $446,200.00 appropriated from the state school
aid fund and $2,000,000.00 appropriated from general fund/general purpose money.
(4) The amount appropriated for state and regional
programs is $2,200,000.00
$2,295,000.00 appropriated from general fund/general purpose money and allocated as
follows:
(a) College access program, $2,000,000.00.
(b) Higher education database modernization and
conversion, $105,000.00.
$200,000.00.
(c) Midwestern higher education compact, $95,000.00.
(5) The amount appropriated for the Martin Luther King, Jr. - Cesar Chavez -
Rosa Parks program is $2,691,500.00, appropriated from general fund/general purpose
money and allocated as follows:
(a) Select student support services, $1,956,100.00.
(b) Michigan college/university partnership program, $586,800.00.
(c) Morris Hood, Jr. educator development program, $148,600.00.
(6) Subject to subsection (7), the amount appropriated for grants and financial
aid is $101,626,400.00, $103,126,400.00, allocated as follows:
(a) State competitive scholarships, $18,361,700.00.
(b) Tuition grants, $31,664,700.00.
(c) Tuition incentive program, $47,000,000.00.
$48,500,000.00.
(d) Children of veterans and officer’s survivor tuition grant programs,
$1,400,000.00.
(e) Project GEAR-UP, $3,200,000.00.
(7) The money appropriated in subsection (6) for grants and financial aid is
appropriated from the following:
(a) Federal revenues under the United States department of education, office of
elementary and secondary education, GEAR-UP program, $3,200,000.00.
(b) Federal revenues under the social security act, temporary assistance for
needy families, $93,826,400.00.
(c) Contributions to children of veterans tuition grant program, $100,000.00.
(d) State general fund/general purpose money, $4,500,000.00.
$6,000,000.00.
Sec. 236a. It is the intent of the legislature to
provide appropriations
APPROPRIATIONS
SHALL BE MADE for the
fiscal year ending on September 30, 2015 2016 for
the items listed in section 236. The fiscal year 2014-2015
2015-2016 appropriations
are anticipated to be the same as those for fiscal year 2013-2014
2014-2015, except
that the amounts will be adjusted for changes in, caseload and related costs, federal
fund match rates, economic factors, and available revenue. These adjustments will be
determined after the January 2014 2015 consensus revenue estimating conference.
Sec. 236b. In addition to the funds appropriated in section 236, there is
appropriated for grants and financial aid in fiscal year 2013-2014
2014-2015 an amount
not to exceed $6,000,000.00 for federal contingency funds. These funds are not
available for expenditure until they have been transferred under section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393, for another purpose under this
article.
Sec. 236c. In addition to the funds appropriated for
fiscal year 2013-2014
2014-2015 in section 236, appropriations to the department of technology, management,
and budget in the act providing general appropriations for
fiscal year 2013-2014 2014-
2015
for state building
authority rent, totaling an estimated $125,370,600.00,
$124,825,300.00, provide funding for the state share of costs for previously
constructed capital projects for state universities. These appropriations for state
building authority rent represent additional state general fund support provided to
public universities, and the following is an estimate of the amount of that support to
each university:
(a) Central Michigan University, $9,155,600.00.
$9,103,200.00.
(b) Eastern Michigan University, $5,234,800.00.
$4,861,700.00.
(c) Ferris State University, $6,360,600.00. $6,252,200.00.
(d) Grand Valley State University, $4,277,000.00.
$4,252,500.00.
(e) Lake Superior State University, $915,600.00.
$1,112,900.00.
(f) Michigan State University, $16,194,400.00.
$16,101,200.00.
(g) Michigan Technological University, $7,692,200.00.
$7,444,600.00.
(h) Northern Michigan University, $8,062,600.00.
$8,016,400.00.
(i) Oakland University, $10,791,500.00.
$10,969,800.00.
(j) Saginaw Valley State University, $9,833,700.00.
$9,777,400.00.
(k) University of Michigan - Ann Arbor, $9,212,000.00.
$9,159,200.00.
(l) University of Michigan - Dearborn, $6,332,400.00.
$6,296,200.00.
(m) University of Michigan - Flint, $2,871,400.00.
$2,855,000.00.
(n) Wayne State University, $13,079,500.00.
$13,679,800.00.
(o) Western Michigan University, $15,357,300.00.
$14,943,200.00.
Sec. 241. (1) Subject to section 265a, the funds appropriated in section 236 to
public universities shall be paid out of the state treasury and distributed by the
state treasurer to the respective institutions in 11 equal monthly installments on the
sixteenth of each month, or the next succeeding business day, beginning with October
16, 2013 2014. Except for Wayne State University,
each institution shall accrue its
July and August 2014 2015 payments to
its institutional fiscal year ending June 30,
2014 2015.
(2) All public universities shall submit higher education institutional data
inventory (HEIDI) data and associated financial and program information requested by
and in a manner prescribed by the state budget director. For public universities with
fiscal years ending June 30, 2013 2014, these data shall be submitted to the state
budget director by October 15, 2013 2014. Public universities with a fiscal year
ending September 30, 2013 2014 shall submit preliminary HEIDI data by November 15,
2013 2014 and final data by December 15, 2013
2014. If a public university fails to
submit HEIDI data and associated financial aid program information in accordance with
this reporting schedule, the state treasurer may withhold the monthly installments
under subsection (1) to the public university until those data are submitted.
Sec. 242. Funds received by the state from the federal government or private
sources for the use of a college or university are appropriated for the purposes for
which they are provided. The acceptance and use of
federal or private funds do not
place an obligation on the legislature to continue the
purposes for which the funds
are made available.
Sec. 245. (1) Within 30 days after the board of a
public university adopts its
annual operating budget for the following school fiscal
year, or after the board
adopts a subsequent revision to that budget, the A public university shall make all
of
the following MAINTAIN A PUBLIC
TRANSPARENCY WEBSITE,
available through a link on its
website homepage:. THIS WEBSITE SHALL BE UPDATED WITHIN 30 DAYS AFTER THE UNIVERSITY’S
GOVERNING BOARD ADOPTS ITS ANNUAL OPERATING BUDGET FOR THE FOLLOWING ACADEMIC FISCAL
YEAR, OR AFTER THE BOARD ADOPTS A SUBSEQUENT REVISION TO THAT BUDGET.
(2) THE WEBSITE REQUIRED UNDER SUBSECTION (1) SHALL INCLUDE ALL OF THE
FOLLOWING:
(a) The annual operating budget and subsequent budget revisions.
(b) A summary of current expenditures for the most recent fiscal year for which
they are available, expressed as pie charts in the following 2 categories:
(i) A chart of personnel expenditures, broken into the following subcategories:
(A) Earnings and wages.
(B) Employee benefit costs, including, but not limited to, medical, dental,
vision, life, disability, and long-term care benefits.
(C) Retirement benefit costs.
(D) All other personnel costs.
(ii) A chart of all current expenditures the public university reported as part
of its higher education institutional data inventory data under section 241(2), broken
into the same subcategories in which it reported those data.
(c) Links to all of the following for the public university:
(i) The current collective bargaining agreement for each bargaining unit.
(ii) Each health care benefits plan, including, but not limited to, medical,
dental, vision, disability, long-term care, or any other type of benefits that would
constitute health care services, offered to any bargaining unit or employee of the
public university.
(iii) Audits and financial reports for the most recent fiscal year for which
they are available.
(iv) Campus security policies and crime statistics pursuant to the student
right-to-know and campus security act, Public Law 101-542, 104 Stat. 2381. Information
shall include all material prepared pursuant to the public information reporting
requirements under the crime awareness and campus security act of 1990, title II of
the student right-to-know and campus security act, Public Law 101-542, 104 Stat. 2381.
(d) A list of all positions funded partially or wholly through institutional
general fund revenue that includes the position title and annual salary or wage amount
for each position.
(e) General fund revenue and expenditure projections for THE CURRENT fiscal
year 2013-2014 and THE NEXT fiscal
year 2014-2015.
(f) A listing of all debt service obligations, detailed by project, anticipated
fiscal year 2013-2014 payment for each project, and
total outstanding debt FOR THE
CURRENT FISCAL YEAR.
(g) The institution's policy regarding the transferability of core college
courses between community colleges and the university.
(h) A listing of all community colleges that have entered into reverse transfer
agreements with the university.
(3) (2) A ON THE WEBSITE REQUIRED
UNDER SUBSECTION (1), A public
university
shall provide a dashboard or report card demonstrating the university's performance in
several "best practice" measures. The dashboard or report card shall include at least
all of the following for the 3 most recent school ACADEMIC years for which the data
are available:
(a) Enrollment.
(b) Student retention rate.
(c) Six-year graduation rates.
(d) Number of Pell grant recipients and graduating Pell grant recipients.
(e) Geographic origination of students, categorized as in-state, out-of-state,
and international.
(f) Faculty to student ratios and total university employee to student ratios.
(g) Teaching load by faculty classification.
(h) Graduation outcome rates, including employment and continuing education.
(3) For statewide consistency and public visibility, public universities must
use the icon badge provided by the department of technology, management, and budget
consistent with the icon badge developed by the department of education for K-12
school districts. It must appear on the front of each public university's homepage.
The size of the icon may be reduced to 150 x 150 pixels. The font size and style for
this reporting must be consistent with other documents on each university's website.
(4) The state budget director shall determine
whether a public university has
complied with this section. The state budget director may
withhold a public
university's monthly installments described in section 241
until the public university
complies with this section.
Sec. 252. (1) The amounts appropriated in section 236 for the state tuition
grant program shall be distributed pursuant to 1966 PA 313, MCL 390.991 to 390.997a.
(2) Tuition grant awards shall be made to all eligible Michigan residents
enrolled in undergraduate degree programs who are qualified
and who apply before July
1, 2012 MARCH 1 OF EACH YEAR for the 2012-2013 school NEXT ACADEMIC year or July 1,
2013 for the 2013-2014 school year, as applicable.
(3) Pursuant to section 5 of 1966 PA 313, MCL 390.995, and subject to
subsection (7), the department of treasury shall determine an actual maximum tuition
grant award per student, which shall be no less than $1,512.00, that ensures that the
aggregate payments for the tuition grant program do not exceed the appropriation
contained in section 236 for the state tuition grant program. If the department
determines that insufficient funds are available to establish a maximum award amount
equal to at least $1,512.00, the department shall immediately report to the house and
senate appropriations subcommittees on higher education, the house and senate fiscal
agencies, and the state budget director regarding the estimated amount of additional
funds necessary to establish a $1,512.00 maximum award amount. If the department
determines that sufficient funds are available to establish a maximum award amount
equal to at least $1,512.00, the department shall immediately report to the house and
senate appropriations subcommittees on higher education, the house and senate fiscal
agencies, and the state budget director regarding the maximum award amount established
and the projected amount of any projected year-end appropriation balance based on that
maximum award amount. By December 15, and again by February 18 of each fiscal year,
the department shall analyze the status of award commitments, shall make any necessary
adjustments, and shall confirm that those award commitments will not exceed the
appropriation contained in section 236 for the tuition grant program. The
determination and actions shall be reported to the state budget director and the house
and senate fiscal agencies no later than the final day of February of each year. If
award adjustments are necessary, the students shall be notified of the adjustment by
March 4 of each year.
(4) Any unexpended and unencumbered funds
remaining on September 30, 2013 from
the amounts appropriated in section 236 for the tuition
grant program for fiscal year
2012-2013 shall not lapse on September 30, 2013, but shall
continue to be available
for expenditure for tuition grants provided in the
2013-2014 fiscal year under a work
project account. The use of these unexpended fiscal year
2012-2013 funds shall
terminate at the end of the 2013-2014 fiscal year. Any
unexpended and unencumbered
funds remaining on September 30, 2014 from the amounts
appropriated in section 236 for
the tuition grant program for fiscal year 2013-2014 shall
not lapse on September 30,
2014, but shall continue to be available for expenditure
for tuition grants provided
in the 2014-2015 fiscal year under a work project account.
The use of these unexpended
fiscal year 2013-2014 funds shall terminate at the end of
the 2014-2015 fiscal year.
(4) (5) The department of
treasury shall continue a proportional tuition grant
maximum award level for recipients enrolled less than full-time in a given semester or
term.
(5) (6) If the department of
treasury increases the maximum award per eligible
student from that provided in the previous fiscal year, it shall not have the effect
of reducing the number of eligible students receiving awards in relation to the total
number of eligible applicants. Any increase in the maximum grant shall be proportional
for all eligible students receiving awards for that fiscal year.
(6) (7) In any fiscal year, the
department of treasury shall not award more
than $3,000,000.00 in tuition grants to eligible students enrolled in the same
independent nonprofit college or university in this state. Any decrease in the maximum
grant shall be proportional for all eligible students enrolled in that college or
university, as determined by the department.
(7) THE DEPARTMENT OF TREASURY SHALL NOT AWARD TUITION GRANTS TO ELIGIBLE
STUDENTS ENROLLED IN AN INDEPENDENT COLLEGE OR UNIVERSITY THAT DOES NOT MEET THE
FOLLOWING REQUIREMENTS IN A MANNER SATISFACTORY TO THE DEPARTMENT OF TREASURY:
(A) THE INDEPENDENT COLLEGE OR UNIVERSITY MUST SUBMIT AS DIRECTED BY THE
DEPARTMENT OF TREASURY BY JUNE 30 OF EACH YEAR THE ANNUAL P-20 LONGITUDINAL DATA
SYSTEM DATA SETS TO THE CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION, AS
VERIFIED BY THE CENTER.
(B) THE INDEPENDENT COLLEGE OR UNIVERSITY MUST REPORT IN A FORM AND MANNER AS
DIRECTED BY THE DEPARTMENT OF TREASURY BY AUGUST 31 OF EACH YEAR THE FOLLOWING:
(I) THE NUMBER OF STUDENTS IN THE MOST RECENTLY COMPLETED ACADEMIC YEAR THAT
RECEIVED STATE TUITION GRANTS AND SUCCESSFULLY COMPLETED A PROGRAM OR GRADUATED.
(II) THE NUMBER OF STUDENTS IN THE MOST RECENTLY COMPLETED ACADEMIC YEAR THAT
RECEIVED STATE TUITION GRANTS AND TOOK REMEDIAL EDUCATION CLASSES.
(III) THE NUMBER OF STUDENTS IN THE MOST RECENTLY COMPLETED ACADEMIC YEAR THAT
RECEIVED PELL GRANTS AND SUCCESSFULLY COMPLETED A PROGRAM OR GRADUATED.
Sec. 256. (1) The funds appropriated in section 236 for the tuition incentive
program shall be distributed as provided in this section and pursuant to the
administrative procedures for the tuition incentive program of the department of
treasury.
(2) As used in this section:
(a) "Phase I" means the first part of the tuition incentive assistance program
defined as the academic period of 80 semester or 120 term credits, or less, leading to
an associate degree or certificate.
(b) "Phase II" means the second part of the tuition incentive assistance
program which provides assistance in the third and fourth year of 4-year degree
programs.
(c) "Department" means the department of treasury.
(3) An individual shall meet the following basic criteria and financial
thresholds to be eligible for tuition incentive benefits:
(a) To be eligible for phase I, an individual shall meet all of the following
criteria:
(i) Apply for certification to the department ANY TIME AFTER COMMENCING THE
SIXTH GRADE BUT before AUGUST 31 OF THE SCHOOL YEAR IN WHICH HE OR SHE GRADUATES
graduating from high school or BEFORE completing the general education
development
(GED) certificate.
(ii) Be less than 20 years of age at the time he or she graduates from high
school with a diploma or certificate of completion or completes his or her GED.
(iii) Be a United States citizen and a resident of Michigan according to
institutional criteria.
(iv) Be at least a half-time student, earning less than 80 semester or 120 term
credits at a participating educational institution within 4 years of high school
graduation or GED certificate completion.
(v) Request information on filing a FAFSA.
(VI) MUST MEET INSTITUTION’S SATISFACTORY ACADEMIC PROGRESS POLICY.
(b) To be eligible for phase II, an individual shall meet either of the
following criteria in addition to the criteria in subdivision (a):
(i) Complete at least 56 transferable semester or 84 transferable term credits.
(ii) Obtain an associate degree or certificate at a participating institution.
(c) To be eligible for phase I or phase II, an individual must not be
incarcerated and must be financially eligible as determined by the department. An
individual is financially eligible for the tuition incentive program if he or she was
eligible for Medicaid from the state of Michigan for 24 months within the 36 months
before application. The department shall accept certification of Medicaid eligibility
only from the department of human services for the purposes of verifying if a person
is Medicaid eligible for 24 months within the 36 months before application.
Certification of eligibility may begin in the sixth grade. As used in this
subdivision, "incarcerated" does not include detention of a juvenile in a state-
operated or privately operated juvenile detention facility.
(4) For phase I, the department shall provide payment on behalf of a person
eligible under subsection (3). The department shall reject billings that are excessive
or outside the guidelines for the type of educational institution.
(5) For phase I, all of the following apply:
(a) Payments for associate degree or certificate programs shall not be made for
more than 80 semester or 120 term credits for any individual student at any
participating institution.
(b) For persons enrolled at a Michigan community college, the department shall
pay the current in-district tuition and mandatory fees. For persons residing in an
area that is not included in any community college district, the out-of-district
tuition rate may be authorized.
(c) For persons enrolled at a Michigan public university, the department shall
pay lower division resident tuition and mandatory fees for the current year.
(d) For persons enrolled at a Michigan independent, nonprofit degree-granting
college or university, or a Michigan federal tribally controlled community college, or
Focus: HOPE, the department shall pay mandatory fees for the current year and a per-
credit payment that does not exceed the average community college in-district per-
credit tuition rate as reported on August 1, for the immediately preceding academic
year.
(6) A person participating in phase II may be eligible for additional funds not
to exceed $500.00 per semester or $400.00 per term up to a maximum of $2,000.00
subject to the following conditions:
(a) Credits are earned in a 4-year program at a Michigan degree-granting 4-year
college or university.
(b) The tuition reimbursement is for coursework completed within 30 months of
completion of the phase I requirements.
(7) The department shall work closely with participating institutions to
develop an application and eligibility determination process that will provide the
highest level of participation and ensure that all requirements of the program are
met.
(8) Applications for the tuition incentive program may be approved at any time
after the student begins the sixth grade. If a determination of financial eligibility
is made, that determination is valid as long as the student meets all other program
requirements and conditions.
(9) Each institution shall ensure that all known available restricted grants
for tuition and fees are used prior to billing the tuition incentive program for any
portion of a student's tuition and fees.
(10) The department shall ensure that the tuition incentive program is well
publicized and that eligible Medicaid clients are provided information on the program.
The department shall provide the necessary funding and staff to fully operate the
program.
Sec. 263. (1) Included in the appropriation in section 236 FOR FISCAL YEAR
2014-2015 for MSU AgBioResearch is $2,982,900.00 and included in the appropriation in
section 236 for MSU extension is $2,645,200.00 for project GREEEN. Project GREEEN is
intended to address critical regulatory, food safety, economic, and environmental
problems faced by this state's plant-based agriculture, forestry, and processing
industries. "GREEEN" is an acronym for generating research and extension to meet
environmental and economic needs.
(2) The department of agriculture and rural development and Michigan State
University, in consultation with agricultural commodity groups and other interested
parties, shall develop project GREEEN and its program priorities.
Sec. 263a. (1) Not later than September 30 of each year, Michigan State
University shall submit a report on MSU AgBioResearch and MSU extension to the house
and senate appropriations subcommittees on agriculture and on higher education, the
house and senate standing committees on agriculture, the house and senate fiscal
agencies, and the state budget director for the preceding school
ACADEMIC fiscal year.
(2) The report required under subsection (1) shall include all of the
following:
(a) Total funds expended by MSU AgBioResearch and by MSU extension service
identified by state, local, private, federal, and university fund sources.
(b) The metric goals that were used to evaluate the impacts of programs
operated by MSU extension and MSU AgBioResearch. It is
the intent of the legislature
that the AT LEAST THE following metric goals will SHOULD be used to evaluate the
impacts of those programs:
(i) Increasing the number of agriculture and food-related firms collaborating
with and using services of research and extension faculty and staff by 3% per year.
(ii) Increasing the number of individuals utilizing MSU extension's educational
services by 5% per year.
(iii) Increasing external funds generated in support of research and extension,
beyond state appropriations, by 10% over the amounts generated in the past 3 state
fiscal years.
(iv) Increasing the sector's total economic impact
from today's
$71,000,000,000.00 to $100,000,000,000.00.
(v) Doubling Michigan's agricultural exports from $1,750,000,000.00 to
$3,500,000,000.00.
(vi) Increasing jobs in the food and agriculture sector by 10%.
(vii) Improving access by Michigan consumers to healthy foods by 20%.
(c) A review of major programs within both MSU AgBioResearch and MSU extension
with specific reference to accomplishments, impacts, and the metrics described in
subdivision (b), including a specific accounting of Project GREEEN expenditures and
the impact of those expenditures.
Sec. 264. Included in the appropriation in section
236 for fiscal year 2013-
2014 2014-2015 for Michigan State University is
$80,000.00 for the Michigan future
farmers of America association. This $80,000.00 allocation shall not supplant any
existing support that Michigan State University provides to the Michigan future
farmers of America association.
Sec. 265. (1) Payments under section 265a for performance funding shall only be
made to a public university that certifies to the state budget director by August 31,
2013 2014 that its board did not adopt an
increase in tuition and fee rates for
resident undergraduate students after September 1, 2012
2013 for the 2012-2013 2013-
2014 academic year and that its board will not adopt an increase in tuition and fee
rates for resident undergraduate students for the 2013-2014
2014-2015 academic year
that is greater than 3.75% 3.2%. As used in this subsection:
(a) Subject to subdivision (c), "fee"
"FEE" means any board-authorized fee that
will be paid by more than 1/2 of all resident undergraduate students at least once
during their enrollment at a public university. A university increasing a fee that
applies to a specific subset of students or courses shall provide sufficient
information to prove that the increase applied to that subset will not cause the
increase in the average amount of board-authorized total tuition and fees paid by
resident undergraduate students in the 2013-2014 2014-2015 academic year to exceed the
limit established in this subsection.
(b) "Tuition and fee rate" means the average of full-time rates for all
undergraduate classes, based on an average of the rates authorized by the university
board and actually charged to students, deducting any uniformly-rebated or refunded
amounts, for the 2 semesters with the highest levels of full-time equated resident
undergraduate enrollment during the academic year.
(c) For purposes of subdivision (a), for a public
university that compels
resident undergraduate students to be covered by health
insurance as a condition to
enroll at the university, "fee" includes the
annual amount a student is charged for
coverage by the university-affiliated group health
insurance policy if he or she does
not provide proof that he or she is otherwise covered by
health insurance. This
subdivision does not apply to limited subsets of resident
undergraduate students to be
covered by health insurance for specific reasons other than
general enrollment at the
university.
(2) The state budget director shall implement uniform reporting requirements to
ensure that a public university receiving a payment under section 265a for performance
funding has satisfied the tuition restraint requirements of this section. The state
budget director shall have the sole authority to determine if a public university has
met the requirements of this section. Information reported by a public university to
the state budget director under this subsection shall also be reported to the house
and senate appropriations subcommittees on higher education and the house and senate
fiscal agencies.
Sec. 265a. (1) Appropriations to public universities in section 236 FOR FISCAL
YEAR 2014-2015 for performance funding shall be paid only to a public university that
complies with section 265 and certifies to the state budget director, the house and
senate appropriations subcommittees on higher education, and the house and senate
fiscal agencies by August 31, 2013 2014 that it complies with all of the following
requirements:
(a) The university participates in reverse transfer agreements described in
section 286 with at least 3 Michigan community colleges or has made a good-faith
effort to enter into reverse transfer agreements.
(b) The university does not and will not consider whether dual enrollment
credits earned by an incoming student were utilized towards his or her high school
graduation requirements when making a determination as to whether those credits may be
used by the student toward completion of a university degree or certificate program.
(c) The university participates in the Michigan transfer network created as
part of the Michigan association of collegiate registrars and admissions officers
transfer agreement.
(2) Any performance funding amounts under section 236 that are not paid to a
public university because it did not comply with 1 or more requirements under
subsection (1) are unappropriated and reappropriated for performance funding to those
public universities that meet the requirements under subsection (1), distributed in
proportion to their performance funding appropriation amounts under section 236.
(3) The state budget director shall report to the house and senate
appropriations subcommittees on higher education and the house and senate fiscal
agencies by September 17, 2013 2014, regarding any performance funding amounts that
are not paid to a public university because it did not comply with 1 or more
requirements under subsection (1) and any reappropriation of funds under subsection
(2).
(4) Performance funding amounts described in section 236 are distributed based
on the following formula:
(A) PROPORTIONAL TO EACH UNIVERSITY’S SHARE OF TOTAL OPERATIONS FUNDING
APPROPRIATED IN FISCAL YEAR 2010-2011, 50.0%.
(B) (a) Based on weighted
undergraduate completions in critical skills areas,
22.2% 11.1%.
(C) (b) Based on research and
development expenditures, for universities
classified in Carnegie classifications as doctoral/research universities, research
universities (high research activity), or research universities (very high research
activity) only, 11.1% 5.6%.
(D) (c) Based on 6-year
graduation rate, total degree completions, and
institutional support as a percentage of core expenditures, AND STUDENTS RECEIVING
PELL GRANTS, scored against national Carnegie classification peers and weighted by
total undergraduate fiscal year equated students, 66.7%
33.3%.
(5) For purposes of determining the score of a university under subsection
(4)(c)(D), each university is assigned 1 of
the following scores:
(a) A university classified as in the top 20%, a score of 3.
(b) A university classified as above national median, a score of 2.
(c) A university classified as improving, a score of
2. It is the intent of the
legislature that, beginning in the 2014-2015 state fiscal
year, a university
classified as improving is assigned a score of 1.
(d) A university that is not included in subdivision (a), (b), or (c), a score
of 0.
(6) For purposes of this section, "Carnegie classification" shall mean the
basic classification of the university according to the most recent version of the
Carnegie classification of institutions of higher education, published by the Carnegie
foundation for the advancement of teaching.
Sec. 267. All public universities shall submit the amount of tuition and fees
actually charged to a full-time resident undergraduate
student for academic year 2013-
2014 2014-2015 as part of their higher education
institutional data inventory (HEIDI)
data by August 31 of each year. A public university shall report any revisions for any
semester of the reported academic year 2013-2014 2014-2015 tuition and fee charges to
HEIDI within 15 days of being adopted.
Sec. 268. (1) For the fiscal year ending
September 30, 2014, it is the intent
of the legislature that funds be allocated for unfunded
North American Indian tuition
waiver costs incurred by public universities under 1976 PA
174, MCL 390.1251 to
390.1253, from the general fund.
(2) By February 15 of each year, the
department of civil rights shall annually
submit to the state budget director, the house and senate appropriations subcommittees
on higher education, and the house and senate fiscal
agencies for the preceding fiscal
year a report on North American Indian tuition waivers FOR THE PRECEDING FISCAL YEAR
that includes, but is not limited to, all of the following information for each
postsecondary institution:
(a) The total number of waiver applications.
(b) The total number of waivers granted and the monetary value of each waiver.
(c) The number of students who withdraw from classes.
(d) The number of students who successfully complete a degree or certificate
program and the 6-year graduation rate.
Sec. 269. For fiscal year 2013-2014 2014-2015, from the amount appropriated in
section 236 to Central Michigan University for operations, $29,700.00 shall be paid to
Saginaw Chippewa Tribal College for the costs of waiving tuition for North American
Indians under 1976 PA 174, MCL 390.1251 to 390.1253.
Sec. 270. For fiscal year 2013-2014 2014-2015 from the amount appropriated in
section 236 to Lake Superior State University for operations, $100,000.00 shall be
paid to Bay Mills Community College for the costs of waiving tuition for North
American Indians under 1976 PA 174, MCL 390.1251 to 390.1253.
Sec. 272a. By February 15, 2014, OF EACH YEAR, each public university receiving
funds under section 236 shall submit a report to the house and senate appropriations
subcommittees on higher education, the house and senate fiscal agencies, and the state
budget director regarding the rejection of transfer credits by the university in the
prior year. The report shall include information on the number of credits earned by
incoming RESIDENT students at other postsecondary institutions IN MICHIGAN, with the
equivalent of a letter grade of C or higher, that were rejected by the university for
transfer, reported by both academic program area and prior institution, along with
explanatory information regarding the rationale for the rejection of the credits. Data
may be reported on either an academic or calendar year basis.
Sec. 275. (1) It is the intent of the legislature
that each EACH public
university that receives an appropriation in section 236 IS ENCOURAGED TO do all of
the following:
(a) Meet the provisions of section 5003 of the post-911 veterans educational
assistance act of 2008, 38 USC 3301 to 3324, including voluntary participation in the
yellow ribbon GI education enhancement program established in that act in 38 USC 3317.
By October 1 of each year, each public university shall
report to the house and senate
appropriations subcommittees on higher education, the house
and senate fiscal
agencies, and the presidents council, state universities of
Michigan on whether or not
it has chosen to participate in the yellow ribbon GI
education enhancement program. If
at any time during the fiscal year a university
participating in the yellow ribbon
program chooses to leave the yellow ribbon program, it
shall notify the house and
senate appropriations subcommittees on higher education,
the house and senate fiscal
agencies, and the presidents council, state universities of
Michigan.
(b) Establish an on-campus veterans' liaison to provide information and
assistance to all student veterans.
(c) Provide flexible enrollment application deadlines for all veterans.
(d) Include in its admission application process a specific question as to
whether an applicant for admission is a veteran, an active member of the military, a
member of the national guard or military reserves, or the spouse or dependent of a
veteran, active member of the military, or member of the national guard or military
reserves, in order to more quickly identify potential educational assistance available
to that applicant.
(e) Consider all veterans residents of this state for determining their tuition
rates and fees.
(f) Waive enrollment fees for all veterans.
(2) As used in this section, "veteran" means an honorably discharged veteran
entitled to educational assistance under the provisions of section 5003 of the post-
911 veterans educational assistance act of 2008, 38 USC 3301 to 3324.
Sec. 276. (1) Included in the appropriation for
fiscal year 2013-2014 2014-2015
for each public university in section 236 is funding for the Martin Luther King, Jr. -
Cesar Chavez - Rosa Parks future faculty program that is intended to increase the pool
of academically or economically disadvantaged candidates pursuing faculty teaching
careers in postsecondary education. Preference may not be given to applicants on the
basis of race, color, ethnicity, gender, or national origin. Institutions should
encourage applications from applicants who would otherwise not adequately be
represented in the graduate student and faculty populations. Each public university
shall apply the percentage change applicable to every public university in the
calculation of appropriations in section 236 to the amount of funds allocated to the
future faculty program.
(2) The program shall be administered by each public university in a manner
prescribed by the workforce development agency. The workforce development agency shall
use a good faith effort standard to evaluate whether a fellowship is in default.
Sec. 277. (1) Included in the appropriation for
fiscal year 2013-2014 2014-2015
for each public university in section 236 is funding for the Martin Luther King, Jr. -
Cesar Chavez - Rosa Parks college day program that is intended to introduce
academically or economically disadvantaged schoolchildren to the potential of a
college education. Preference may not be given to participants on the basis of race,
color, ethnicity, gender, or national origin. Public universities should encourage
participation from those who would otherwise not adequately be represented in the
student population.
(2) Individual program plans of each public university shall include a budget
of equal contributions from this program, the participating public university, the
participating school district, and the participating independent degree-granting
college. College day funds shall not be expended to cover indirect costs. Not more
than 20% of the university match shall be attributable to indirect costs. Each public
university shall apply the percentage change applicable to every public university in
the calculation of appropriations in section 236 to the amount of funds allocated to
the college day program.
(3) The program described in this section shall be administered by each public
university in a manner prescribed by the workforce development agency.
Sec. 278. (1) Included in section 236 for fiscal
year 2013-2014 2014-2015 is
funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks select student
support services program for developing academically or economically disadvantaged
student retention programs for 4-year public and independent educational institutions
in this state. Preference may not be given to participants on the basis of race,
color, ethnicity, gender, or national origin. Institutions should encourage
participation from those who would otherwise not adequately be represented in the
student population.
(2) An award made under this program to any 1 institution shall not be greater
than $150,000.00, and the amount awarded shall be matched on a 70% state, 30% college
or university basis.
(3) The program described in this section shall be administered by the
workforce development agency.
Sec. 279. (1) Included in section 236 for fiscal
year 2013-2014 2014-2015 is
funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks college/university
partnership program between 4-year public and independent colleges and universities
and public community colleges, which is intended to increase the number of
academically or economically disadvantaged students who transfer from community
colleges into baccalaureate programs. Preference may not be given to participants on
the basis of race, color, ethnicity, gender, or national origin. Institutions should
encourage participation from those who would otherwise not adequately be represented
in the transfer student population.
(2) The grants shall be made under the program described in this section to
Michigan public and independent colleges and universities. An award to any 1
institution shall not be greater than $150,000.00, and the amount awarded shall be
matched on a 70% state, 30% college or university basis.
(3) The program described in this section shall be administered by the
workforce development agency.
Sec. 280. (1) Included in the appropriation for
fiscal year 2013-2014 2014-2015
for each public university in section 236 is funding for the Martin Luther King, Jr. -
Cesar Chavez - Rosa Parks visiting professors program which is intended to increase
the number of instructors in the classroom to provide role models for academically or
economically disadvantaged students. Preference may not be given to participants on
the basis of race, color, ethnicity, gender, or national origin. Public universities
should encourage participation from those who would otherwise not adequately be
represented in the student population.
(2) The program described in this section shall be administered by the
workforce development agency.
Sec. 281. (1) Included in the appropriation for
fiscal year 2013-2014 2014-2015
in section 236 is funding under the Martin Luther King, Jr. - Cesar Chavez - Rosa
Parks initiative for the Morris Hood, Jr. educator development program which is
intended to increase the number of academically or economically disadvantaged students
who enroll in and complete K-12 teacher education programs at the baccalaureate level.
Preference may not be given to participants on the basis of race, color, ethnicity,
gender, or national origin. Institutions should encourage participation from those who
would otherwise not adequately be represented in the teacher education student
population.
(2) The program described in this section shall be administered by each state-
approved teacher education institution in a manner prescribed by the workforce
development agency.
(3) Approved teacher education institutions may and are encouraged to use
student support services funding in coordination with the Morris Hood, Jr. funding to
achieve the goals of the program described in this section.
Sec. 282. (1) Each institution receiving funds under section 278, 279, or 281
shall notify the workforce development agency by April 15,
2014 OF EACH YEAR as to
whether it will expend by the end of its fiscal year the funds received under section
278, 279, or 281. Notwithstanding the award limitations in sections 278 and 279, the
amount of funding reported as not being expended will be reallocated to the
institutions that intend to expend all funding received under section 278, 279, or
281.
(2) UP TO $100,000.00 OF FISCAL YEAR 2014-2015 FUNDS THAT ARE IDENTIFIED AS
UNEXPENDED BY MAY 15, 2015 MAY BE UTILIZED BY THE WORKFORCE DEVELOPMENT AGENCY TO
ADMINISTER THE PROGRAM IF NO INSTITUTION INTENDS TO EXPEND ALL FUNDING RECEIVED UNDER
SECTION 278, 279, OR 281.
Sec. 283. (1) From the amount appropriated in section 236, the public
universities shall systematically inform Michigan high schools regarding the academic
status of students from each high school in a manner prescribed by the presidents
council, state universities of Michigan in cooperation with the Michigan association
of secondary school principals. Public universities shall also work with the center
for educational performance and information to design
and implement MAINTAIN a
systematic approach for accomplishing this task.
(2) Michigan high schools shall systematically inform the public universities
about the use of information received under this section in a manner prescribed by the
Michigan association of secondary school principals in cooperation with the presidents
council, state universities of Michigan.
Sec. 284. From the amount appropriated in section 236, the public universities
shall inform Michigan community colleges regarding the academic status of community
college transfer students in a manner prescribed by the presidents council, state
universities of Michigan in cooperation with the Michigan community college
association. Public universities shall also work with the center for educational
performance and information to design and implement MAINTAIN a systematic approach for
accomplishing this task.
Sec. 286. It is the intent of the legislature that
public PUBLIC universities
SHALL work with community colleges in the state to implement statewide reverse
transfer agreements to increase the number of students that are awarded credentials of
value upon completion of the necessary credits. It is
the intent of the legislature
that these THESE statewide agreements shall enable
students who have earned a
significant number of credits at a community college and transfer to a baccalaureate
granting institution before completing a degree to transfer the credits earned at the
baccalaureate institution back to the community college in order to be awarded a
credential of value.
ARTICLE IV
GENERAL PROVISIONS
Sec. 296. (1) If the maximum amount appropriated under this act from the state
school aid fund for a fiscal year exceeds the amount necessary to fully fund
allocations under this act from the state school aid fund, that excess amount shall
not be expended in that state fiscal year and shall not lapse to the general fund, but
instead shall be deposited into the school aid stabilization fund created in section
11a.
(2) If the total maximum amount appropriated under all articles of this act
from the state school aid fund and the school aid stabilization fund exceeds the
amount available for expenditure from the state school aid fund for that fiscal year,
payments under sections 11f, 11g, 11j, 22a, 26a, 26b, 31d,
31f, 51a(2), 51a(12),
51A(11), 51c, 53a, 56, and 152a shall be made in full. In addition, for districts
beginning operations after 1994-95 that qualify for payments under section 22b,
payments under section 22b shall be made so that the qualifying districts receive the
lesser of an amount equal to the 1994-95 foundation allowance of the district in which
the district beginning operations after 1994-95 is located or $5,500.00. The amount of
the payment to be made under section 22b for these qualifying districts shall be as
calculated under section 22a, with the balance of the payment under section 22b being
subject to the proration otherwise provided under this subsection and subsection (3).
If proration is necessary, state payments under each of the other sections of article
I from all state funding sources, and state appropriations to community colleges and
public universities under articles II and III from the state school aid fund, shall be
prorated in the manner prescribed in subsection (3) as necessary to reflect the amount
available for expenditure from the state school aid fund for the affected fiscal year.
However, if the department of treasury determines that proration will be required
under this subsection, or if the department of treasury determines that further
proration is required under this subsection after an initial proration has already
been made for a fiscal year, the department of treasury shall notify the state budget
director, and the state budget director shall notify the legislature at least 30
calendar days or 6 legislative session days, whichever is more, before the department
reduces any payments under this act because of the proration. During the 30-calendar-
day or 6-legislative-session-day period after that notification by the state budget
director, the department shall not reduce any payments under this act because of
proration under this subsection. The legislature may prevent proration from occurring
by, within the 30-calendar-day or 6-legislative-session-day period after that
notification by the state budget director, enacting legislation appropriating
additional funds from the general fund, countercyclical budget and economic
stabilization fund, state school aid fund balance, or another source to fund the
amount of the projected shortfall.
(3) If proration is necessary under subsection (2), the department shall
calculate the proration in district and intermediate district payments under article I
that is required under subsection (2), and the department of treasury shall calculate
the proration in community college and public university payments under articles II
and III that is required under subsection (2), as follows:
(a) The department and the department of treasury shall calculate the
percentage of total state school aid fund money that is appropriated and allocated
under this act for the affected fiscal year for each of the following:
(i) Districts.
(ii) Intermediate districts.
(iii) Entities receiving funding from the state school aid fund under article I
other than districts or intermediate districts.
(iv) Community colleges and public universities that receive funding from the
state school aid fund.
(b) The department shall recover a percentage of the proration amount required
under subsection (2) that is equal to the percentage calculated under subdivision
(a)(i) for districts by reducing payments to districts. This reduction shall be made
by calculating an equal dollar amount per pupil as necessary to recover this
percentage of the proration amount and reducing each district's total state school aid
from state sources, other than payments under sections 11f, 11g, 11j, 22a, 26a, 26b,
31d, 31f, 51a(2), 51a(12), 51A(11), 51c, 53a, and 152a, by that amount.
(c) The department shall recover a percentage of the proration amount required
under subsection (2) that is equal to the percentage calculated under subdivision
(a)(ii) for intermediate districts by reducing payments to intermediate districts.
This reduction shall be made by reducing the payments to each intermediate district,
other than payments under sections 11f, 11g, 26a, 26b,
51a(2), 51a(12), 51A(11), 53a,
56, and 152a, on an equal percentage basis.
(d) The department shall recover a percentage of the proration amount required
under subsection (2) that is equal to the percentage calculated under subdivision
(a)(iii) for entities receiving funding from the state school aid fund under article I
other than districts and intermediate districts by reducing payments to these
entities. This reduction shall be made by reducing the payments to each of these
entities, other than payments under sections 11j, 26a, and 26b, on an equal percentage
basis.
(e) The department of treasury shall recover a percentage of the proration
amount required under subsection (2) that is equal to the percentage calculated under
subdivision (a)(iv) for community colleges and public universities that receive
funding from the state school aid fund by reducing that portion of the payments under
articles II and III to these community colleges and public universities that is from
the state school aid fund on an equal percentage basis.
SEC. 298. (1) SUBJECT TO THE CONDITIONS SET FORTH IN THIS ACT, THE AMOUNTS
LISTED IN THIS SECTION FOR THE PUBLIC SCHOOLS, INTERMEDIATE SCHOOL DISTRICTS,
COMMUNITY COLLEGES AND PUBLIC UNIVERSITIES OF THIS STATE, AND CERTAIN OTHER STATE
PURPOSES RELATING TO EDUCATION ARE A SUMMARY OF APPROPRIATIONS CONTAINED IN THIS ACT
FOR FISCAL YEAR ENDING SEPTEMBER 30, 2015, AND ANTICIPATED APPROPRIATIONS FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 2016, FROM THE FUNDS INDICATED IN THIS ACT:
(2) SUMMARY OF EDUCATION OMNIBUS APPROPRIATIONS
GROSS APPROPRIATION...................................... $ 15,731,158,600 $ 15,693,442,500
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 15,731,158,600 $ 15,693,442,500
TOTAL FEDERAL REVENUES.................................. 1,905,189,100 1,905,189,100
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 12,257,156,700 12,200,740,600
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 1,568,812,800 $ 1,587,512,800
SEC. 298A. (1) SUMMARY OF APPROPRIATIONS FOR SCHOOL AID (ARTICLE I)
APPROPRIATION SUMMARY
GROSS APPROPRIATION...................................... $ 13,847,139,600 $ 13,790,723,500
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 13,847,139,600 $ 13,790,723,500
TOTAL FEDERAL REVENUES.................................. 1,808,162,700 1,808,162,700
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 11,858,976,900 11,802,560,800
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 180,000,000 $ 180,000,000
(2) BASIC OPERATIONS
PROPOSAL A OBLIGATION PAYMENT........................... $ 5,403,000,000 $ 5,277,000,000
DISCRETIONARY PAYMENT................................... 3,578,000,000 3,655,000,000
ISD GENERAL OPERATIONS.................................. 64,115,000 64,108,000
HOLD HARMLESS PROVISION................................. 6,000,000 6,000,000
DISTRICT DISSOLUTION TRANSITION COSTS................... 2,200,000 0
MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM ..
REFORM COSTS.......................................... 783,944,000 1,017,444,000
MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM ..
RESERVE FUND DEPOSIT.................................. 50,000,000 0
ISOLATED DISTRICT FUNDING............................... 2,584,600 2,584,600
GROSS APPROPRIATION..................................... $ 9,889,843,600 $ 10,022,136,600
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 9,737,758,900 9,866,821,900
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 152,084,700 $ 155,314,700
(3) SPECIAL EDUCATION
SPECIAL EDUCATION HEADLEE OBLIGATION.................... $ 630,500,000 $ 648,600,000
SPECIAL EDUCATION FOUNDATIONS........................... 252,000,000 256,000,000
SPECIAL EDUCATION HOLD HARMLESS PAYMENT................. 1,000,000 1,000,000
SPECIAL EDUCATION NON-SEC. 52 PAYMENT................... 3,300,000 3,900,000
SPECIAL EDUCATION RULE CHANGE........................... 2,200,000 2,200,000
SPECIAL EDUCATION COURT PLACED FTES..................... 10,500,000 10,500,000
MICHIGAN SCHOOLS FOR THE DEAF AND BLIND................. 1,688,000 1,688,000
SPECIAL EDUCATION MILLAGE EQUALIZATION.................. 37,758,100 37,758,100
SPECIAL EDUCATION FEDERAL PROGRAMS...................... 444,000,000 444,000,000
GROSS APPROPRIATION..................................... $ 1,382,946,100 $ 1,405,646,100
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 444,000,000 444,000,000
STATE RESTRICTED REVENUES............................... 938,946,100 961,646,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
(4) SUPPORT SERVICES
COURT-PLACED CHILDREN................................... $ 8,000,000 $ 8,000,000
JUVENILE DETENTION FACILITIES........................... 2,195,500 2,195,500
YOUTH CHALLENGE PROGRAM................................. 1,500,000 1,500,000
AT-RISK PROGRAM......................................... 308,988,200 308,988,200
CHILD AND ADOLESCENT HEALTH CENTERS..................... 3,557,300 3,557,300
HEARING AND VISION SCREENING............................ 5,150,000 5,150,000
MATH AND SCIENCE CENTERS................................ 8,474,300 8,474,300
YEAR-ROUND SCHOOLS PILOT PROGRAM........................ 2,000,000 0
BILINGUAL EDUCATION..................................... 1,200,000 1,200,000
DISTRICT FISCAL EMERGENCY CONTINGENCY FUND.............. 10,000,000 0
FEDERAL PROGRAMS........................................ 839,269,900 839,269,900
GROSS APPROPRIATION..................................... $ 1,190,335,200 $ 1,178,335,200
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 844,519,200 844,519,200
STATE RESTRICTED REVENUES............................... 345,341,000 333,341,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 475,000 $ 475,000
(5) SCHOOL MEAL PROGRAMS
SCHOOL LUNCH............................................ $ 535,695,100 $ 535,695,100
SCHOOL BREAKFAST........................................ 5,625,000 5,625,000
GROSS APPROPRIATION..................................... $ 541,320,100 $ 541,320,100
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 513,200,000 513,200,000
STATE RESTRICTED REVENUES............................... 28,120,100 28,120,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
(6) EARLY CHILDHOOD EDUCATION
GREAT START READINESS PROGRAM........................... $ 239,575,000 $ 239,575,000
GREAT START EARLY CHILDHOOD BLOCK GRANTS................ 10,900,000 10,900,000
GROSS APPROPRIATION..................................... $ 250,475,000 $ 250,475,000
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 250,175,000 250,175,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 300,000 $ 300,000
(7) PERFORMANCE INITIATIVES
BEST PRACTICES GRANTS................................... $ 80,000,000 $ 0
DISTRICT PERFORMANCE FUNDING............................ 46,400,000 0
CONSOLIDATION INNOVATION GRANTS......................... 5,000,000 0
GROSS APPROPRIATION..................................... $ 131,400,000 $ 0
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 131,400,000 0
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
(8) STUDENT ASSESSMENT AND ACCOUNTABILITY
MICHIGAN COUNCIL FOR EDUCATOR EFFECTIVENESS ..
RECOMMENDATIONS....................................... $ 27,800,000 $ 21,845,100
CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION...... 12,216,300 14,716,300
STUDENT ASSESSMENTS..................................... 40,144,400 51,276,500
DATA COLLECTION AND REPORTING COSTS..................... 38,000,500 38,000,500
GROSS APPROPRIATION..................................... $ 118,161,200 $ 125,838,400
APPROPRIATED FROM:
FEDERAL REVENUES........................................ 6,443,500 6,443,500
STATE RESTRICTED REVENUES............................... 93,964,900 104,872,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 17,752,800 $ 14,522,800
(9) TECHNOLOGY INITIATIVES
MICHIGAN VIRTUAL HIGH SCHOOL............................ $ 9,387,500 $ 9,387,500
FIRST ROBOTICS.......................................... 2,000,000 0
TECHNOLOGY INFRASTRUCTURE IMPROVEMENT GRANTS............ 50,000,000 0
GROSS APPROPRIATION..................................... $ 61,387,500 $ 9,387,500
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 52,000,000 0
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 9,387,500 $ 9,387,500
(10) COLLEGE AND CAREER READINESS
VOCATIONAL EDUCATION.................................... $ 27,611,300 $ 26,611,300
VOCATIONAL EDUCATION MILLAGE REIMBURSEMENT.............. 9,190,000 9,190,000
DUAL ENROLLMENT INITIATIVE.............................. 1,750,000 0
ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE ..
TESTING............................................... 250,000 0
STATEWIDE CAREER READINESS STUDY........................ 250,000 0
GROSS APPROPRIATION..................................... $ 39,051,300 $ 35,801,300
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 39,051,300 35,801,300
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
(11) ADULT EDUCATION
ADULT EDUCATION......................................... $ 22,000,000 $ 22,000,000
GROSS APPROPRIATION..................................... $ 22,000,000 $ 22,000,000
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 22,000,000 22,000,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
(12) TRANSPORTATION SAFETY
BUS DRIVER SAFETY....................................... $ 1,625,000 $ 1,625,000
SCHOOL BUS INSPECTIONS.................................. 1,691,500 1,691,500
GROSS APPROPRIATION..................................... $ 3,316,500 $ 3,316,500
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 3,316,500 3,316,500
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
(13) DEBT SERVICE AND OTHER REQUIRED PAYMENTS
DEBT SERVICE ON NON-DURANT DISTRICT BONDS............... $ 39,500,000 $ 0
SCHOOL BOND LOAN REDEMPTION FUND........................ 142,600,000 160,500,000
SCHOOL AID FUND BORROWING COSTS......................... 4,000,000 5,000,000
RENAISSANCE ZONE REIMBURSEMENT.......................... 26,300,000 26,300,000
PAYMENT IN LIEU OF TAXES REIMBURSEMENT.................. 4,210,000 4,210,000
PROMISE ZONE PAYMENTS................................... 293,100 456,800
GROSS APPROPRIATION..................................... $ 216,903,100 $ 196,466,800
APPROPRIATED FROM:
STATE RESTRICTED REVENUES............................... 216,903,100 196,466,800
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 0 $ 0
SEC. 298B. (1) SUMMARY OF APPROPRIATIONS FOR COMMUNITY COLLEGES (ARTICLE II)
APPROPRIATION SUMMARY
GROSS APPROPRIATION...................................... $ 371,524,900 $ 390,224,900
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 371,524,900 $ 390,224,900
TOTAL FEDERAL REVENUES.................................. 0 0
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 197,614,100 197,614,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 173,910,800 $ 192,610,800
(2) OPERATIONS
(A) ALPENA COMMUNITY COLLEGE
OPERATIONS.............................................. $ 5,236,500 $ 5,367,100
PERFORMANCE FUNDING..................................... 130,600 0
GROSS APPROPRIATION..................................... $ 5,367,100 $ 5,367,100
(B) BAY DE NOC COMMUNITY COLLEGE
OPERATIONS.............................................. $ 5,279,300 $ 5,395,700
PERFORMANCE FUNDING..................................... 116,400 0
GROSS APPROPRIATION..................................... $ 5,395,700 $ 5,395,700
(C) DELTA COLLEGE
OPERATIONS.............................................. $ 14,063,500 $ 14,435,600
PERFORMANCE FUNDING..................................... 372,100 0
GROSS APPROPRIATION..................................... $ 14,435,600 $ 14,435,600
(D) GLEN OAKS COMMUNITY COLLEGE
OPERATIONS.............................................. $ 2,441,500 $ 2,505,100
PERFORMANCE FUNDING..................................... 63,600 0
GROSS APPROPRIATION..................................... $ 2,505,100 $ 2,505,100
(E) GOGEBIC COMMUNITY COLLEGE
OPERATIONS.............................................. $ 4,330,300 $ 4,431,900
PERFORMANCE FUNDING..................................... 101,600 0
GROSS APPROPRIATION..................................... $ 4,431,900 $ 4,431,900
(F) GRAND RAPIDS COMMUNITY COLLEGE
OPERATIONS.............................................. $ 17,454,900 $ 17,869,000
PERFORMANCE FUNDING..................................... 414,100 0
GROSS APPROPRIATION..................................... $ 17,869,000 $ 17,869,000
(G) HENRY FORD COMMUNITY COLLEGE
OPERATIONS.............................................. $ 21,060,000 $ 21,529,000
PERFORMANCE FUNDING..................................... 469,000 0
GROSS APPROPRIATION..................................... $ 21,529,000 $ 21,529,000
(H) JACKSON COMMUNITY COLLEGE
OPERATIONS.............................................. $ 11,758,200 $ 12,034,400
PERFORMANCE FUNDING..................................... 276,200 0
GROSS APPROPRIATION..................................... $ 12,034,400 $ 12,034,400
(I) KALAMAZOO VALLEY COMMUNITY COLLEGE
OPERATIONS.............................................. $ 12,122,500 $ 12,448,500
PERFORMANCE FUNDING..................................... 326,000 0
GROSS APPROPRIATION..................................... $ 12,448,500 $ 12,448,500
(J) KELLOGG COMMUNITY COLLEGE
OPERATIONS.............................................. $ 9,522,000 $ 9,770,700
PERFORMANCE FUNDING..................................... 248,700 0
GROSS APPROPRIATION..................................... $ 9,770,700 $ 9,770,700
(K) KIRTLAND COMMUNITY COLLEGE
OPERATIONS.............................................. $ 3,055,700 $ 3,153,900
PERFORMANCE FUNDING..................................... 98,200 0
GROSS APPROPRIATION..................................... $ 3,153,900 $ 3,153,900
(L) LAKE MICHIGAN COLLEGE
OPERATIONS.............................................. $ 5,178,100 $ 5,319,600
PERFORMANCE FUNDING..................................... 141,500 0
GROSS APPROPRIATION..................................... $ 5,319,600 $ 5,319,600
(M) LANSING COMMUNITY COLLEGE
OPERATIONS.............................................. $ 30,023,700 $ 30,742,500
PERFORMANCE FUNDING..................................... 718,800 0
GROSS APPROPRIATION..................................... $ 30,742,500 $ 30,742,500
(N) MACOMB COMMUNITY COLLEGE
OPERATIONS.............................................. $ 31,931,200 $ 32,672,900
PERFORMANCE FUNDING..................................... 741,700 0
GROSS APPROPRIATION..................................... $ 32,672,900 $ 32,672,900
(O) MID MICHIGAN COMMUNITY COLLEGE
OPERATIONS.............................................. $ 4,517,900 $ 4,661,700
PERFORMANCE FUNDING..................................... 143,800 0
GROSS APPROPRIATION..................................... $ 4,661,700 $ 4,661,700
(P) MONROE COUNTY COMMUNITY COLLEGE
OPERATIONS.............................................. $ 4,342,600 $ 4,473,400
PERFORMANCE FUNDING..................................... 130,800 0
GROSS APPROPRIATION..................................... $ 4,473,400 $ 4,473,400
(Q) MONTCALM COMMUNITY COLLEGE
OPERATIONS.............................................. $ 3,121,200 $ 3,212,700
PERFORMANCE FUNDING..................................... 91,500 0
GROSS APPROPRIATION..................................... $ 3,212,700 $ 3,212,700
(R) C.S. MOTT COMMUNITY COLLEGE
OPERATIONS.............................................. $ 15,247,100 $ 15,617,500
PERFORMANCE FUNDING..................................... 370,400 0
GROSS APPROPRIATION..................................... $ 15,617,500 $ 15,617,500
(S) MUSKEGON COMMUNITY COLLEGE
OPERATIONS.............................................. $ 8,653,500 $ 8,862,100
PERFORMANCE FUNDING..................................... 208,600 0
GROSS APPROPRIATION..................................... $ 8,862,100 $ 8,862,100
(T) NORTH CENTRAL MICHIGAN COLLEGE
OPERATIONS.............................................. $ 3,064,400 $ 3,158,600
PERFORMANCE FUNDING..................................... 94,200 0
GROSS APPROPRIATION..................................... $ 3,158,600 $ 3,158,600
(U) NORTHWESTERN MICHIGAN COLLEGE
OPERATIONS.............................................. $ 8,825,300 $ 9,039,100
PERFORMANCE FUNDING..................................... 213,800 0
GROSS APPROPRIATION..................................... $ 9,039,100 $ 9,039,100
(V) OAKLAND COMMUNITY COLLEGE
OPERATIONS.............................................. $ 20,483,100 $ 21,031,100
PERFORMANCE FUNDING..................................... 548,000 0
GROSS APPROPRIATION..................................... $ 21,031,100 $ 21,031,100
(W) ST. CLAIR COUNTY COMMUNITY COLLEGE
OPERATIONS.............................................. $ 6,860,100 $ 7,030,700
PERFORMANCE FUNDING..................................... 170,600 0
GROSS APPROPRIATION..................................... $ 7,030,700 $ 7,030,700
(X) SCHOOLCRAFT COLLEGE
OPERATIONS.............................................. $ 12,112,200 $ 12,459,200
PERFORMANCE FUNDING..................................... 347,000 0
GROSS APPROPRIATION..................................... $ 12,459,200 $ 12,459,200
(Y) SOUTHWESTERN MICHIGAN COLLEGE
OPERATIONS.............................................. $ 6,404,300 $ 6,547,600
PERFORMANCE FUNDING..................................... 143,300 0
GROSS APPROPRIATION..................................... $ 6,547,600 $ 6,547,600
(Z) WASHTENAW COMMUNITY COLLEGE
OPERATIONS.............................................. $ 12,610,800 $ 13,020,600
PERFORMANCE FUNDING..................................... 409,800 0
GROSS APPROPRIATION..................................... $ 13,020,600 $ 13,020,600
(AA) WAYNE COUNTY COMMUNITY COLLEGE
OPERATIONS.............................................. $ 16,194,300 $ 16,654,700
PERFORMANCE FUNDING..................................... 460,400 0
GROSS APPROPRIATION..................................... $ 16,654,700 $ 16,654,700
(BB) WEST SHORE COMMUNITY COLLEGE
OPERATIONS.............................................. $ 2,349,800 $ 2,404,300
PERFORMANCE FUNDING..................................... 54,500 0
GROSS APPROPRIATION..................................... $ 2,404,300 $ 2,404,300
(CC) LOCAL STRATEGIC VALUE........................ $ 1,342,100 $ 1,342,100
GROSS APPROPRIATION..................................... $ 307,191,300 $ 307,191,300
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 195,880,500 195,880,500
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 111,310,800 $ 111,310,800
(3) MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT
SYSTEM (MPSERS)
MPSERS REIMBURSEMENT COSTS.............................. $ 60,833,600 $ 79,533,600
GROSS APPROPRIATION..................................... $ 60,833,600 $ 79,533,600
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 1,733,600 1,733,600
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 59,100,000 $ 77,800,000
(4) RENAISSANCE ZONE REIMBURSEMENTS
RENAISSANCE ZONE REIMBURSEMENTS......................... $ 3,500,000 $ 3,500,000
GROSS APPROPRIATION..................................... $ 3,500,000 $ 3,500,000
APPROPRIATED FROM:
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 3,500,000 $ 3,500,000
SEC. 298C. (1) SUMMARY OF APPROPRIATIONS FOR UNIVERSITIES AND STUDENT FINANCIAL
AID (ARTICLE III)
APPROPRIATION SUMMARY
GROSS APPROPRIATION...................................... $ 1,512,494,100 $ 1,512,494,100
TOTAL INTERDEPARTMENTAL GRANTS AND
INTRADEPARTMENTAL TRANSFERS........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 1,512,494,100 $ 1,512,494,100
TOTAL FEDERAL REVENUES.................................. 97,026,400 97,026,400
TOTAL LOCAL REVENUES.................................... 0 0
TOTAL PRIVATE REVENUES.................................. 0 0
TOTAL OTHER STATE RESTRICTED REVENUES................... 200,565,700 200,565,700
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 1,214,902,000 $ 1,214,902,000
(2) UNIVERSITY OPERATIONS
(A) CENTRAL MICHIGAN UNIVERSITY
OPERATIONS.............................................. $ 73,540,100 $ 79,283,400
PERFORMANCE FUNDING..................................... 5,743,300 0
GROSS APPROPRIATION..................................... $ 79,283,400 $ 79,283,400
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 11,815,000 11,815,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 67,468,400 $ 67,468,400
(B) EASTERN MICHIGAN UNIVERSITY
OPERATIONS.............................................. $ 67,275,400 $ 71,906,800
PERFORMANCE FUNDING..................................... 4,631,400 0
GROSS APPROPRIATION..................................... $ 71,906,800 $ 71,906,800
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 10,715,700 10,715,700
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 61,191,100 $ 61,191,100
(C) FERRIS STATE UNIVERSITY
OPERATIONS.............................................. $ 45,636,500 $ 49,191,200
PERFORMANCE FUNDING..................................... 3,554,700 0
GROSS APPROPRIATION..................................... $ 49,191,200 $ 49,191,200
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 7,330,600 7,330,600
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 41,860,600 $ 41,860,600
(D) GRAND VALLEY STATE UNIVERSITY
OPERATIONS.............................................. $ 57,823,500 $ 63,296,500
PERFORMANCE FUNDING..................................... 5,473,000 0
GROSS APPROPRIATION..................................... $ 63,296,500 $ 63,296,500
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 9,432,600 9,432,600
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 53,863,900 $ 53,863,900
(E) LAKE SUPERIOR STATE UNIVERSITY
OPERATIONS.............................................. $ 12,231,000 $ 12,799,100
PERFORMANCE FUNDING..................................... 568,100 0
GROSS APPROPRIATION..................................... $ 12,799,100 $ 12,799,100
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 1,907,400 1,907,400
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 10,891,700 $ 10,891,700
(F) MICHIGAN STATE UNIVERSITY
OPERATIONS.............................................. $ 249,597,800 $ 264,877,200
PERFORMANCE FUNDING..................................... 15,279,400 0
MSU AGBIORESEARCH....................................... 32,088,800 32,088,800
MSU EXTENSION........................................... 27,633,500 27,633,500
GROSS APPROPRIATION..................................... $ 324,599,500 $ 324,599,500
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 39,472,600 39,472,600
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 285,126,900 $ 285,126,900
(G) MICHIGAN TECHNOLOGICAL UNIVERSITY
OPERATIONS.............................................. $ 43,473,800 $ 45,997,100
PERFORMANCE FUNDING..................................... 2,523,300 0
GROSS APPROPRIATION..................................... $ 45,997,100 $ 45,997,100
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 6,854,600 6,854,600
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 39,142,500 $ 39,142,500
(H) NORTHERN MICHIGAN UNIVERSITY
OPERATIONS.............................................. $ 41,741,400 $ 44,353,800
PERFORMANCE FUNDING..................................... 2,612,400 0
GROSS APPROPRIATION..................................... $ 44,353,800 $ 44,353,800
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 6,609,700 6,609,700
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 37,744,100 $ 37,744,100
(I) OAKLAND UNIVERSITY
OPERATIONS.............................................. $ 45,651,600 $ 48,446,100
PERFORMANCE FUNDING..................................... 2,794,500 0
GROSS APPROPRIATION..................................... $ 48,446,100 $ 48,446,100
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 7,219,500 7,219,500
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 41,226,600 $ 41,226,600
(J) SAGINAW VALLEY STATE UNIVERSITY
OPERATIONS.............................................. $ 25,991,000 $ 27,659,100
PERFORMANCE FUNDING..................................... 1,668,100 0
GROSS APPROPRIATION..................................... $ 27,659,100 $ 27,659,100
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 4,121,800 4,121,800
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 23,537,300 $ 23,537,300
(K) UNIVERSITY OF MICHIGAN - ANN ARBOR
OPERATIONS.............................................. $ 279,232,700 $ 295,655,600
PERFORMANCE FUNDING..................................... 16,422,900 0
GROSS APPROPRIATION..................................... $ 295,655,600 $ 295,655,600
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 44,059,300 44,059,300
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 251,596,300 $ 251,596,300
(L) UNIVERSITY OF MICHIGAN – DEARBORN
OPERATIONS.............................................. $ 22,510,400 $ 23,724,900
PERFORMANCE FUNDING..................................... 1,214,500 0
GROSS APPROPRIATION..................................... $ 23,724,900 $ 23,724,900
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 3,535,500 3,535,500
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 20,189,400 $ 20,189,400
(M) UNIVERSITY OF MICHIGAN – FLINT
OPERATIONS.............................................. $ 19,938,200 $ 21,380,000
PERFORMANCE FUNDING..................................... 1,441,800 0
GROSS APPROPRIATION..................................... $ 21,380,000 $ 21,380,000
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 3,186,100 3,186,100
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 18,193,900 $ 18,193,900
(N) WAYNE STATE UNIVERSITY
OPERATIONS.............................................. $ 183,398,300 $ 190,734,900
PERFORMANCE FUNDING..................................... 7,336,600 0
GROSS APPROPRIATION..................................... $ 190,734,900 $ 190,734,900
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 28,423,700 28,423,700
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 162,311,200 $ 162,311,200
(O) WESTERN MICHIGAN UNIVERSITY
OPERATIONS.............................................. $ 97,279,000 $ 102,907,000
PERFORMANCE FUNDING..................................... 5,628,000 0
GROSS APPROPRIATION..................................... $ 102,907,000 $ 102,907,000
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 15,335,400 15,335,400
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 87,571,600 $ 87,571,600
(3) MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT
SYSTEM (MPSERS)
MPSERS REIMBURSEMENT.................................... $ 2,446,200 $ 2,446,200
GROSS APPROPRIATION..................................... $ 2,446,200 $ 2,446,200
APPROPRIATED FROM:
STATE SCHOOL AID FUND................................... 446,200 446,200
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 2,000,000 $ 2,000,000
(4) STATE AND REGIONAL PROGRAMS
COLLEGE ACCESS PROGRAM.................................. $ 2,000,000 $ 2,000,000
HIGHER EDUCATION DATABASE MODERNIZATION AND
CONVERSION.......................................... 200,000 200,000
MIDWESTERN HIGHER EDUCATION COMPACT..................... 95,000 95,000
GROSS APPROPRIATION..................................... $ 2,295,000 $ 2,295,000
APPROPRIATED FROM:
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 2,295,000 $ 2,295,000
(5) MARTIN LUTHER KING, JR. – CESAR CHAVEZ – ROSA
PARKS PROGRAM
SELECT STUDENT SUPPORT SERVICES......................... $ 1,956,100 $ 1,956,100
MICHIGAN COLLEGE/UNIVERSITY PARTNERSHIP PROGRAM......... 586,800 586,800
MORRIS HOOD, JR. EDUCATOR DEVELOPMENT PROGRAM........... 148,600 148,600
GROSS APPROPRIATION..................................... $ 2,691,500 $ 2,691,500
APPROPRIATED FROM:
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 2,691,500 $ 2,691,500
(6) GRANTS AND FINANCIAL AID
STATE COMPETITIVE SCHOLARSHIPS.......................... $ 18,361,700 $ 18,361,700
TUITION GRANTS.......................................... 31,664,700 31,664,700
TUITION INCENTIVE PROGRAM............................... 48,500,000 48,500,000
CHILDREN OF VETERANS AND OFFICER’S SURVIVOR
TUITION PROGRAM....................................... 1,400,000 1,400,000
PROJECT GEAR-UP......................................... 3,200,000 3,200,000
GROSS APPROPRIATION..................................... $ 103,126,400 $ 103,126,400
APPROPRIATED FROM:
UNITED STATES DEPARTMENT OF EDUCATION, OFFICE OF .
ELEMENTARY AND SECONDARY EDUCATION, GEAR-UP PROGRAM... 3,200,000 3,200,000
SOCIAL SECURITY ACT, TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES.............................................. 93,826,400 93,826,400
CONTRIBUTIONS TO CHILDREN OF VETERANS TUITION GRANT
PROGRAM............................................... 100,000 100,000
STATE GENERAL FUND/GENERAL PURPOSE...................... $ 6,000,000 $ 6,000,000
Enacting section 1. (1) In accordance with section 30 of article I of the state
constitution of 1963, total state spending on school aid under article I as amended by
this amendatory act from state sources for fiscal year 2014-2015 is estimated at
11,988,976,900.00 and state appropriations for school aid to be paid to local units of
government for fiscal year 2014-2015 are estimated at $11,833,379,100.00; and total
state spending on school aid under article I as amended by this amendatory act from
state sources for fiscal year 2015-2016 is estimated at $11,982,560,800.00 and state
appropriations for school aid to be paid to local units of government for fiscal year
2015-2016 are estimated at $11,801,763,000.00.
(2) In accordance with section 30 of article IX of the state constitution of
1963, total state spending from state sources for community colleges for fiscal year
2014-2015 under article II as amended by this amendatory act is estimated at
$371,524,900.00 and the amount of that state spending from state sources to be paid to
local units of government for fiscal year 2014-2015 is estimated at $371,524,900.00;
and total state spending from state sources for community colleges for fiscal year
2015-2016 under article II as amended by this amendatory act is estimated at
$390,224,900.00 and the amount of that state spending from state sources to be paid to
local units of government for fiscal year 2015-2016 is estimated at $390,224,900.00.
(3) In accordance with section 30 of article IX of the state constitution of
1963, total state spending from state sources for higher education for fiscal year
2014-2015 under article III as amended by this amendatory act is estimated at
$1,415,467,700.00 and the amount of that state spending from state sources to be paid
to local units of government for fiscal year 2014-2015 is estimated at $0; and total
state spending from state sources for higher education for fiscal year 2015-2016 under
article III as amended by this amendatory act is estimated at $1,415,467,700.00 and
the amount of that state spending from state sources to be paid to local units of
government for fiscal year 2015-2016 is estimated at $0.
Enacting Section 2. Sections 22c, 22k, 64a, 82, 93, 95, 101a, 147a, 166, 208,
210b, 212, 217, 227, 228, 229b, 239a, 261, 262a, 273, 274, 274a, 275a, and 293 of the
state school aid act of 1979, 1979 PA 94, MCL 388.1622c, 388.1622k, 388.1664a,
388.1682, 388.1693, 388.1695, 388.1701a, 388.1747a, 388.1766, 388.1808, 388.1810b,
388.1812, 388.1817, 388.1827, 388.1828, 388.1829b, 388.1839a, 388.1861, 388.1862a,
388.1873, 388.1874, 388.1874a, 388.1875a, and 388.1893 are repealed effective October
1, 2014.
Enacting section 3. (1) Except as otherwise provided in subsection (2), this
amendatory act takes effect October 1, 2014.
(2) Sections 225, 265, 265a, and 267 of the state school aid act of 1979, 1979
PA 94, MCL 388.1825, 388.1865, 388.1865a, and 388.1867, sections 225, 265, 265a, and
267 as amended, and section 230a as added by this amendatory act, take effect upon
enactment of this amendatory act.
