Bill Text: MI SB0925 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Education; public school academies; establishment of "schools of excellence"; provide for. Amends secs. 5 & 6 of 1976 PA 451 (MCL 380.5 & 380.6) & adds pt. 6e. TIE BAR WITH: SB 0638'09, SB 0926'09, SB 0965'09, SB 0981'09, SB 0982'09, SB 0994'09
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-01-21 - Re-referred To Committee On Education [SB0925 Detail]
Download: Michigan-2009-SB0925-Engrossed.html
SB-0925, As Passed Senate, December 2, 2009
SUBSTITUTE FOR
SENATE BILL NO. 925
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 5, 6, and 1311 (MCL 380.5, 380.6, and
380.1311), section 5 as amended by 2005 PA 61 and sections 6 and
1311 as amended by 2008 PA 1, and by adding part 6e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) "Local act school district" or "special act school
district" means a district governed by a special or local act or
chapter of a local act. "Local school district" and "local school
district board" as used in article 3 include a local act school
district and a local act school district board.
(2) "Membership" means the number of full-time equivalent
pupils in a public school as determined by the number of pupils
registered for attendance plus pupils received by transfer and
minus pupils lost as defined by rules promulgated by the state
board.
(3) "Michigan election law" means the Michigan election law,
1954 PA 116, MCL 168.1 to 168.992.
(4) "Nonpublic school" means a private, denominational, or
parochial school.
(5) "Objectives" means measurable pupil academic skills and
knowledge.
(6) "Public school" means a public elementary or secondary
educational entity or agency that is established under this act,
has as its primary mission the teaching and learning of academic
and vocational-technical skills and knowledge, and is operated by a
school district, local act school district, special act school
district, intermediate school district, school of excellence,
public school academy corporation, strict discipline academy
corporation, urban high school academy corporation, or by the
department or state board. Public school also includes a laboratory
school or other elementary or secondary school that is controlled
and operated by a state public university described in section 4,
5, or 6 of article VIII of the state constitution of 1963.
(7) "Public school academy" means a public school academy
established under part 6a and, except as used in part 6a, also
includes an urban high school academy established under part 6c, a
school of excellence established under part 6e, and a strict
discipline academy established under sections 1311b to 1311l.
(8) "Pupil membership count day" of a school district means
that term as defined in section 6 of the state school aid act of
1979, MCL 388.1606.
(9) "Regular school election" or "regular election" means the
election held in a school district, local act school district, or
intermediate school district to elect a school board member in the
regular course of the terms of that office and held on the school
district's regular election date as determined under section 642 or
642a of the Michigan election law, MCL 168.642 and 168.642a.
(10) "Reorganized intermediate school district" means an
intermediate school district formed by consolidation or annexation
of 2 or more intermediate school districts under sections 701 and
702.
(11) "Rule" means a rule promulgated under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 6. (1) "School district" or "local school district" means
a general powers school district organized under this act,
regardless of previous classification, or a school district of the
first class.
(2) "School district filing official" means the school
district election coordinator as defined in section 4 of the
Michigan election law, MCL 168.4, or an authorized agent of the
school district election coordinator.
(3) "School elector" means a person qualified as an elector
under section 492 of the Michigan election law, MCL 168.492, and
resident of the school district or intermediate school district on
or before the thirtieth day before the next ensuing regular or
special school election.
(4) "School month" means a 4-week period of 5 days each unless
otherwise specified in the teacher's contract.
(5) "School of excellence" means a school of excellence
established under part 6e.
(6) (5)
"Special education building
and equipment" means a
structure or portion of a structure or personal property accepted,
leased, purchased, or otherwise acquired, prepared, or used for
special education programs and services.
(7) (6)
"Special education
personnel" means persons engaged in
and having professional responsibility for students with a
disability in special education programs and services including,
but not limited to, teachers, aides, school social workers,
diagnostic personnel, physical therapists, occupational therapists,
audiologists, teachers of speech and language, instructional media-
curriculum specialists, mobility specialists, teacher consultants,
supervisors, and directors.
(8) (7)
"Special education programs
and services" means
educational and training services designed for students with a
disability and operated by local school districts, local act school
districts, intermediate school districts, the Michigan schools for
the deaf and blind, the department of community health, the
department of human services, or a combination of these, and
ancillary professional services for students with a disability
rendered by agencies approved by the state board. The programs
shall include vocational training, but need not include academic
programs of college or university level.
(9) (8)
"Special school election"
or "special election" means
a school district election to fill a vacancy on the school board or
submit a ballot question to the school electors that is held on a
regular election date established under section 641 of the Michigan
election law, MCL 168.641.
(10) (9)
"State approved nonpublic
school" means a nonpublic
school that complies with 1921 PA 302, MCL 388.551 to 388.558.
(11) (10)
"State board" means the
state board of education
unless clearly otherwise stated.
(12) (11)
"Student with a
disability" means that term as
defined in R 340.1702 of the Michigan administrative code.
(13) (12)
"Department" means the
department of education
created and operating under sections 300 to 305 of the executive
organization act of 1965, 1965 PA 380, MCL 16.400 to 16.405.
(14) (13)
"State school aid" means
allotments from the general
appropriating act for the purpose of aiding in the support of the
public schools of the state.
(15) (14) "The state school aid act of 1979" means
the state
school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772.
PART 6E
SCHOOLS OF EXCELLENCE
Sec. 551. (1) A school of excellence is a public school under
section 2 of article VIII of the state constitution of 1963, is a
school district for the purposes of section 11 of article IX of the
state constitution of 1963 and for the purposes of section 1225 and
section 1351a, and is subject to the leadership and general
supervision of the state board over all public education under
section 3 of article VIII of the state constitution of 1963. A
school of excellence is a body corporate and is a governmental
agency. The powers granted to a school of excellence under this
part constitute the performance of essential public purposes and
governmental functions of this state.
(2) As used in this part:
(a) "Authorizing body" means any of the following that issues
a contract as provided in this part:
(i) The board of a school district that operates grades K to
12.
(ii) An intermediate school board.
(iii) The board of a community college.
(iv) The governing board of a state public university.
(b) "Certificated teacher" means an individual who holds a
valid teaching certificate issued by the superintendent of public
instruction under section 1531.
(c) "Community college" means a community college organized
under the community college act of 1966, 1966 PA 331, MCL 389.1 to
389.195, or a federal tribally controlled community college that is
recognized under the tribally controlled community college
assistance act of 1978, Public Law 95-471, and is determined by the
department to meet the requirements for accreditation by a
recognized regional accrediting body.
(d) "Contract" means the executive act taken by an authorizing
body that evidences the authorization of a school of excellence and
that establishes, subject to the constitutional powers of the state
board and applicable law, the written instrument executed by an
authorizing body conferring certain rights, franchises, privileges,
and obligations on a school of excellence, as provided by this
part, and confirming the status of a school of excellence as a
public school in this state.
(e) "Cyber school" means a school of excellence established
under this part that has been issued a contract to be organized and
operated as a cyber school under section 553a and that provides
full-time instruction to pupils through online learning or
otherwise on a computer or other technology, which instruction and
learning may be remote from a school facility.
(f) "Entity" means a partnership, nonprofit or business
corporation, labor organization, or any other association,
corporation, trust, or other legal entity.
(g) "State public university" means a state university
described in section 4, 5, or 6 of article VIII of the state
constitution of 1963.
Sec. 552. (1) Except as otherwise provided in subsections (2)
and (3), an authorizing body shall not issue a contract to organize
and operate a school of excellence to a person or entity unless the
person or entity has, for at least the 3 school years immediately
preceding the date of the application, operated a public school
academy that has been given the highest designation by the
department under the state accountability system in effect in this
state for each of the 3 years immediately preceding the date of the
application.
(2) For a person or entity that does not meet the requirements
of subsection (1) but has operated a public school in another
state, an authorizing body may issue a contract to organize and
operate a school of excellence to the person or entity if the
person or entity has operated a public school in another state that
has been given the highest designation under that state's
accountability system for at least 3 consecutive years.
(3) For a person or entity that does not meet the requirements
of subsection (1) or (2), an authorizing body may issue up to 5
contracts per calendar year to a person or entity that does not
meet the requirements of subsection (1) or (2). However, all of the
following apply to contracts issued under this subsection:
(a) The combined total of contracts issued by all authorizing
bodies under this subsection shall not exceed a combined total of
25.
(b) At least 3 of the contracts issued under this subsection
shall be for schools of excellence that are cyber schools and that
meet all of the following additional requirements:
(i) Are available for enrollment to all pupils in this state.
(ii) Offer all of grades K to 12.
(iii) The entity organizing the school of excellence that is a
cyber school shall itself, or through a contract with another
entity, demonstrate the successful management and operation of a
cyber school in at least 5 other states, and be currently under
contract to manage or operate, or both, other cyber schools in the
United States that have a total of at least 10,000 students
enrolled.
(iv) The entity organizing the school of excellence that is a
cyber school shall demonstrate experience in serving urban and at-
risk student populations through an educational model involving a
significant cyber component.
(c) It is the intent of the legislature that at least 2
contracts shall be issued under this subsection for schools of
excellence that are cyber schools to begin operating in the 2010-
2011 school year.
(4) A school of excellence shall be organized and administered
under the direction of a board of directors in accordance with this
part and with bylaws adopted by the board of directors. A school of
excellence shall be organized under the nonprofit corporation act,
1982 PA 162, MCL 450.2101 to 450.3192, except that a school of
excellence is not required to comply with sections 170 to 177 of
1931 PA 327, MCL 450.170 to 450.177. To the extent disqualified
under the state or federal constitution, a school of excellence
shall not be organized by a church or other religious organization
and shall not have any organizational or contractual affiliation
with or constitute a church or other religious organization.
(5) Any of the following may act as an authorizing body to
issue a contract to organize and operate 1 or more schools of
excellence under this part:
(a) The board of a school district that operates grades K to
12. However, the board of a school district shall not issue a
contract for a school of excellence to operate outside the school
district's boundaries, and a school of excellence authorized by the
board of a school district shall not operate outside that school
district's boundaries.
(b) An intermediate school board. However, the board of an
intermediate school district shall not issue a contract for a
Senate Bill No. 925 as amended December 2, 2009
school of excellence to operate outside the intermediate school
district's boundaries, and a school of excellence authorized by the
board of an intermediate school district shall not operate outside
that intermediate school district's boundaries.
(c) The board of a community college. <<
>> the board of a
community college shall not issue a contract for a school of
excellence to operate outside the boundaries of the community
college district, and a school of excellence authorized by the
board of a community college shall not operate outside the
boundaries of the community college district. The board of a
community college also may issue a contract for not more than 1
school of excellence to operate on the grounds of an active or
closed federal military installation located outside the boundaries
of the community college district, or may operate a school of
excellence itself on the grounds of such a federal military
installation, if the federal military installation is not located
within the boundaries of any community college district and the
community college has previously offered courses on the grounds of
the federal military installation for at least 10 years.
(d) The governing board of a state public university.
(6) To obtain a contract to organize and operate 1 or more
schools of excellence, 1 or more persons or an entity may apply to
an authorizing body described in subsection (5). The application
shall include at least all of the following:
(a) Identification of the applicant for the contract.
(b) Subject to the resolution adopted by the authorizing body
under section 553(4), a list of the proposed members of the board
of directors of the school of excellence and a description of the
qualifications and method for appointment or election of members of
the board of directors.
(c) The proposed articles of incorporation, which shall
include at least all of the following:
(i) The name of the proposed school of excellence.
(ii) The purposes for the school of excellence corporation.
This language shall provide that the school of excellence is
incorporated pursuant to this part and that the school of
excellence is a governmental entity.
(iii) The name of the authorizing body.
(iv) The proposed time when the articles of incorporation will
be effective.
(v) Other matters considered expedient to be in the articles
of incorporation.
(d) A copy of the proposed bylaws of the school of excellence.
(e) Documentation meeting the application requirements of the
authorizing body, including at least all of the following:
(i) The governance structure of the school of excellence.
(ii) A copy of the educational goals of the school of
excellence and the curricula to be offered and methods of pupil
assessment to be used by the school of excellence. To the extent
applicable, the progress of the pupils in the school of excellence
shall be assessed using at least a Michigan education assessment
program (MEAP) test or the Michigan merit examination under section
1279g.
(iii) The admission policy and criteria to be maintained by the
school of excellence. The admission policy and criteria shall
comply with section 556. This part of the application also shall
include a description of how the applicant will provide to the
general public adequate notice that a school of excellence is being
created and adequate information on the admission policy, criteria,
and process.
(iv) Except for an application for a cyber school, the school
calendar and school day schedule.
(v) The age or grade range of pupils to be enrolled.
(f) Descriptions of staff responsibilities and of the school
of excellence governance structure.
(g) For an application to the board of a school district, an
intermediate school board, or board of a community college,
identification of the local and intermediate school districts in
which the school of excellence will be located.
(h) An agreement that the school of excellence will comply
with the provisions of this part and, subject to the provisions of
this part, with all other state law applicable to public bodies and
with federal law applicable to public bodies or school districts.
(i) For a school of excellence authorized by a school
district, an assurance that employees of the school of excellence
will be covered by the collective bargaining agreements that apply
to other employees of the school district employed in similar
classifications in schools that are not schools of excellence.
(j) A description of and address for the proposed physical
plant in which the school of excellence will be located.
(7) An authorizing body shall oversee, or shall contract with
an intermediate school district, community college, or state public
university to oversee, each school of excellence operating under a
contract issued by the authorizing body. The oversight shall be
sufficient to ensure that the authorizing body can certify that the
school of excellence is in compliance with statute, rules, and the
terms of the contract.
(8) If the state board finds that an authorizing body is not
engaging in appropriate continuing oversight of 1 or more schools
of excellence operating under a contract issued by the authorizing
body, the state board may suspend the power of the authorizing body
to issue new contracts to organize and operate schools of
excellence. A contract issued by the authorizing body during the
suspension is void. A contract issued by the authorizing body
before the suspension is not affected by the suspension.
(9) An authorizing body shall not charge a fee, or require
reimbursement of expenses, for considering an application for a
contract, for issuing a contract, or for providing oversight of a
contract for a school of excellence in an amount that exceeds a
combined total of 3% of the total state school aid received by the
school of excellence in the school year in which the fees or
expenses are charged. An authorizing body may provide other
services for a school of excellence and charge a fee for those
services, but shall not require such an arrangement as a condition
to issuing the contract authorizing the school of excellence.
(10) A school of excellence shall be presumed to be legally
organized if it has exercised the franchises and privileges of a
public school academy for at least 2 years.
Sec. 553. (1) An authorizing body is not required to issue a
contract to any person or entity. Schools of excellence contracts
shall be issued on a competitive basis taking into consideration
the resources available for the proposed school of excellence, the
population to be served by the proposed school of excellence, and
the educational goals to be achieved by the proposed school of
excellence. An authorizing body may give priority to a person or
entity that applies to organize and operate a cyber school.
(2) If a person or entity applies to the board of a school
district for a contract to organize and operate 1 or more schools
of excellence within the boundaries of the school district and the
board does not issue the contract, the person or entity may
petition the board to place the question of issuing the contract on
the ballot to be decided by the school electors of the school
district. The petition shall contain all of the information
required to be in the contract application under section 552 and
shall be signed by a number of school electors of the school
district equal to at least 15% of the total number of school
electors of that school district. The petition shall be filed with
the school district filing official. If the board receives a
petition meeting the requirements of this subsection, the board
shall have the question of issuing the contract placed on the
ballot at its next regular school election held at least 60 days
after receiving the petition. If a majority of the school electors
of the school district voting on the question vote to issue the
contract, the board shall issue the contract.
(3) Within 10 days after issuing a contract for a school of
excellence, the authorizing body shall submit to the superintendent
of public instruction a copy of the contract and of the application
under section 552.
(4) An authorizing body shall adopt a resolution establishing
the method of selection, length of term, and number of members of
the board of directors of each school of excellence subject to its
jurisdiction.
(5) A contract issued to organize and administer a school of
excellence shall contain at least all of the following:
(a) The educational goals the school of excellence is to
achieve and the methods by which it will be held accountable. To
the extent applicable, the pupil performance of a school of
excellence shall be assessed using at least a Michigan education
assessment program (MEAP) test or the Michigan merit examination
under section 1279g.
(b) A description of the method to be used to monitor the
school of excellence's compliance with applicable law and its
performance in meeting its targeted educational objectives.
(c) A description of the process for amending the contract
during the term of the contract.
(d) All of the matters set forth in the application for the
contract.
(e) For a school of excellence authorized by a school
district, an agreement that employees of the school of excellence
will be covered by the collective bargaining agreements that apply
to employees of the school district employed in similar
classifications in schools that are not schools of excellence.
(f) Procedures for revoking the contract and grounds for
revoking the contract, including at least the grounds listed in
section 561.
(g) A description of and address for the proposed physical
plant in which the school of excellence will be located.
(h) Requirements and procedures for financial audits. The
financial audits shall be conducted at least annually by a
certified public accountant in accordance with generally accepted
governmental auditing principles.
(6) A school of excellence shall comply with all applicable
law, including all of the following:
(a) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(b) The freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(c) 1947 PA 336, MCL 423.201 to 423.217.
(d) 1965 PA 166, MCL 408.551 to 408.558.
(e) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, and 1274.
(7) A school of excellence and its incorporators, board
members, officers, employees, and volunteers have governmental
immunity as provided in section 7 of 1964 PA 170, MCL 691.1407. An
authorizing body and its board members, officers, and employees are
immune from civil liability, both personally and professionally,
for an act or omission in authorizing a school of excellence if the
authorizing body or the person acted or reasonably believed he or
she acted within the authorizing body's or the person's scope of
authority.
(8) A school of excellence is exempt from all taxation on its
earnings and property. Instruments of conveyance to or from a
school of excellence are exempt from all taxation including taxes
imposed by 1966 PA 134, MCL 207.501 to 207.513. A school of
excellence may not levy ad valorem property taxes or another tax
for any purpose. However, operation of 1 or more schools of
excellence by a school district or intermediate school district
does not affect the ability of the school district or intermediate
school district to levy ad valorem property taxes or another tax.
(9) A school of excellence may acquire by purchase, gift,
devise, lease, sublease, installment purchase agreement, land
contract, option, or by any other means, hold, and own in its own
name buildings and other property for school purposes, and
interests therein, and other real and personal property, including,
but not limited to, interests in property subject to mortgages,
security interests, or other liens, necessary or convenient to
fulfill its purposes. For the purposes of condemnation, a school of
excellence may proceed under the uniform condemnation procedures
act, 1980 PA 87, MCL 213.51 to 213.75, excluding sections 6 to 9 of
that act, MCL 213.56 to 213.59, or other applicable statutes, but
only with the express, written permission of the authorizing body
in each instance of condemnation and only after just compensation
has been determined and paid.
Sec. 553a. (1) An authorizing body may issue a contract to
establish a school of excellence that is a cyber school. A cyber
school shall provide full-time instruction to pupils through online
learning or otherwise on a computer or other technology, and this
instruction and learning may occur remote from a school facility.
(2) A contract for a school of excellence that is a cyber
school shall include all of the provisions required under section
553 and all of the following:
(a) A requirement that a teacher who holds appropriate
certification according to state board rule will be responsible for
all of the following for each course in which a pupil is enrolled:
(i) Improving learning by planned instruction.
(ii) Diagnosing the pupil's learning needs.
(iii) Assessing learning, assigning grades, and determining
advancement.
(iv) Reporting outcomes to administrators and parents or legal
guardians.
(b) A requirement that the cyber school will make educational
services available to pupils for a minimum of at least 1,098 hours
during a school year and will ensure that each pupil participates
in the educational program for at least 1,098 hours during a school
year.
(3) Notwithstanding any other provision of this act or any
rule, if a school of excellence that is a cyber school is in
compliance with the requirements of subsection (2)(a) regarding a
certificated teacher, any other adult assisting with the oversight
of a pupil during the pupil's participation in the cyber school's
education program is not required to be a certificated teacher or
an employee of the authorizing body.
(4) Notwithstanding any rule to the contrary, a cyber school
is not required to comply with any rule that would require a
pupil's physical presence or attendance in a classroom or that is
otherwise inconsistent with a pupil's participation in an online,
remote education program, including, but not limited to, R 340.10
and R 340.11 of the Michigan administrative code. Further, the
superintendent of public instruction shall waive any other
provision of this act, of the state school aid act of 1979, or of
the Michigan administrative code that would otherwise interfere
with the operation or funding of a cyber school as described in
this section.
(5) At the end of a cyber school's second full school year of
operations, the authorizing body of a school of excellence that is
a cyber school shall submit to the superintendent of public
instruction and the legislature, in the form and manner prescribed
by the superintendent of public instruction, a report detailing the
operation of the cyber school, providing statistics on pupil
participation and academic performance, and making recommendations
for any further statutory or rule changes related to cyber schools
and online learning in this state.
Sec. 554. If a school district or intermediate school district
applies for and obtains a contract to operate 1 or more schools of
excellence under this part, the power of the school district or
intermediate school district to levy taxes for any purpose under
this act is not affected by the operation of a school of excellence
by the school district or intermediate school district. Revenue
from taxes levied by a school district or intermediate school
district under this act or bonds issued by a school district or
intermediate school district under this act may be used to support
the operation or facilities of a school of excellence operated by
the school district or intermediate school district in the same
manner as that revenue may be used under this act by the school
district or intermediate school district to support school district
or intermediate school district operations and facilities. This
section does not authorize a school district or intermediate school
district to levy taxes or to issue bonds for any purpose that is
not otherwise authorized under this act.
Sec. 555. (1) An agreement, mortgage, loan, or other
instrument of indebtedness entered into by a school of excellence
and a third party does not constitute an obligation, either
general, special, or moral, of this state or an authorizing body.
The full faith and credit or the taxing power of this state or any
agency of this state, or the full faith and credit of an
authorizing body, may not be pledged for the payment of any school
of excellence bond, note, agreement, mortgage, loan, or other
instrument of indebtedness.
(2) This part does not impose any liability on this state or
on an authorizing body for any debt incurred by a school of
excellence.
Sec. 556. (1) A school of excellence may be located in all or
part of an existing public school building. A school of excellence,
other than a cyber school operated under section 553a, shall not
operate at a site other than the single site requested for the
configuration of grades that will use the site, as specified in the
application required under section 552 and in the contract.
(2) A school of excellence shall not charge tuition and shall
not discriminate in its pupil admissions policies or practices on
the basis of intellectual or athletic ability, measures of
achievement or aptitude, status as a student with a disability, or
any other basis that would be illegal if used by a school district.
However, a school of excellence may limit admission to pupils who
are within a particular range of age or grade level or on any other
basis that would be legal if used by a school district.
(3) Except for a foreign exchange student who is not a United
States citizen, a school of excellence shall not enroll a pupil who
is not a resident of this state. Enrollment in the school of
excellence may be open to all individuals who reside In this state
who meet the admission policy and shall be open to all pupils who
reside within the geographic boundaries, if any, of the authorizing
body as described in section 552(5)(a) to (c) who meet the
admission policy, except that admission to a school of excellence
authorized by the board of a community college to operate, or
operated by the board of a community college, on the grounds of a
federal military installation, as described in section 552(5)(c),
shall be open to all pupils who reside in the county in which the
federal military installation is located. For a school of
excellence authorized by a state public university, enrollment
shall be open to all pupils who reside in this state who meet the
admission policy. If there are more applications to enroll in the
school of excellence than there are spaces available, pupils shall
be selected to attend using a random selection process. However, a
school of excellence may give enrollment priority to a sibling of a
pupil enrolled in the school of excellence. A school of excellence
shall allow any pupil who was enrolled in the school of excellence
in the immediately preceding school year to enroll in the school of
excellence in the appropriate grade unless the appropriate grade is
not offered at that school of excellence.
(4) If a school of excellence is a cyber school and its
authorizing body is a school district or intermediate school
district, the school of excellence shall give enrollment priority
to pupils who reside in the school district or intermediate school
district that is the authorizing body.
(5) A school of excellence may include any grade up to grade
12 or any configuration of those grades, including kindergarten and
early childhood education, as specified in its contract. If
specified in its contract, a school of excellence may also operate
an adult basic education program, adult high school completion
program, or general education development testing preparation
program. The authorizing body may approve amendment of a contract
with respect to ages of pupils or grades offered.
Sec. 557. In addition to other powers set forth in this part,
a school of excellence may take action to carry out the purposes
for which it was incorporated under this part, including, but not
limited to, all of the following:
(a) To sue and be sued in its name.
(b) Subject to section 555, to acquire, hold, and own in its
own name real and personal property, or interests in real or
personal property, for educational purposes by purchase, gift,
grant, devise, bequest, lease, sublease, installment purchase
agreement, land contract, option, or condemnation, and subject to
mortgages, security interests, or other liens; and to sell or
convey the property as the interests of the school of excellence
require.
(c) To receive, disburse, and pledge funds for lawful
purposes.
(d) To enter into binding legal agreements with persons or
entities as necessary for the operation, management, financing, and
maintenance of the school of excellence.
(e) To incur temporary debt in accordance with section 1225.
(f) To solicit and accept any grants or gifts for educational
purposes and to establish or permit to be established on its behalf
1 or more nonprofit corporations the purpose of which is to assist
the school of excellence in the furtherance of its public purposes.
(g) To borrow money and issue bonds in accordance with section
1351a and in accordance with part VI of the revised municipal
finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the
borrowing of money and issuance of bonds by a school of excellence
is not subject to section 1351a(4) or section 1351(2) to (4). Bonds
issued under this section shall be full faith and credit
obligations of the school of excellence, pledging the general funds
or any other money available for such a purpose. Bonds issued under
this section are subject to the revised municipal finance act, 2001
PA 34, MCL 141.2101 to 141.2821.
Sec. 558. If a school of excellence is operated by a school
district that is subject to a court desegregation order, pupil
selection at the school of excellence is subject to that order.
Sec. 559. (1) Except as otherwise provided by law, and except
as otherwise provided under section 553a for a cyber school, a
school of excellence shall use certificated teachers according to
state board rule.
(2) A school of excellence operated by a state public
university or community college may use noncertificated individuals
to teach as follows:
(a) If the school of excellence is operated by a state public
university, the school of excellence may use as a classroom teacher
in any grade a faculty member who is employed full-time by the
state public university and who has been granted institutional
tenure, or has been designated as being on tenure track, by the
state public university.
(b) For a school of excellence operated by a community
college, the school of excellence may use as a classroom teacher a
full-time member of the community college faculty who has at least
5 years' experience at that community college in teaching the
subject matter that he or she is teaching at the school of
excellence.
(c) In any other situation in which a school district is
permitted under this act to use noncertificated teachers.
(3) A school of excellence may develop and implement new
teaching techniques or methods or significant revisions to known
teaching techniques or methods, and shall report those to the
authorizing body and state board to be made available to the
public. A school of excellence may use any instructional technique
or delivery method that may be used by a school district.
Sec. 560. A school of excellence, with the approval of the
authorizing body, may employ or contract with personnel as
necessary for the operation of the school of excellence, prescribe
their duties, and fix their compensation. A school of excellence
may implement and maintain a method of compensation for its
employees that is based on job performance, job accomplishments,
and job assignment in a subject area or school that is difficult to
find employees to staff.
Sec. 560a. If the board of directors of a school of excellence
provides medical, optical, or dental benefits to employees and
their dependents, the board of directors shall provide those
benefits in accordance with the public employees health benefit
act, 2007 PA 106, MCL 124.71 to 124.85, and shall comply with that
act.
Sec. 561. (1) The authorizing body for a school of excellence
is the fiscal agent for the school of excellence. A state school
aid payment for a school of excellence shall be paid to the
authorizing body that is the fiscal agent for that school of
excellence, which shall then forward the payment to the school of
excellence. An authorizing body has the responsibility to oversee a
school of excellence's compliance with the contract and all
applicable law. A contract issued under this part may be revoked by
the authorizing body that issued the contract if the authorizing
body determines that 1 or more of the following have occurred:
Senate Bill No. 925 as amended December 2, 2009
(a) Failure of the school of excellence to abide by and meet
the educational goals set forth in the contract.
(b) Failure of the school of excellence to comply with all
applicable law.
(c) Failure of the school of excellence to meet generally
accepted public sector accounting principles.
(d) The existence of 1 or more other grounds for revocation as
specified in the contract.
(2) If an authorizing body receives notice from the
superintendent of public instruction that a school of excellence
that it authorized has been determined by the superintendent of
public instruction to be among the lowest achieving 5% of all
public schools in this state, as defined for the purposes of the
federal incentive grant program created under sections 14005 and
14006 of title XIV of the American recovery and reinvestment act of
2009, Public Law 111-5, the authorizing body may revoke the school
of excellence's contract and the school of excellence may be
closed.
(3) <<Except for a contract issued by a school district pursuant
to a vote by the school electors on a ballot question under section 553(2),>> The decision of an authorizing body to revoke a contract
under this section is solely within the discretion of the
authorizing body, is final, and is not subject to review by a court
or any state agency.
(4) An authorizing body that revokes a contract under this
section is not liable for that action to the school of excellence,
school of excellence corporation, a pupil of the school of
excellence, the parent or guardian of a pupil of the school of
excellence, or any other person.
Sec. 1311. (1) Subject to subsection (2), the school board, or
the school district superintendent, a school building principal, or
another school district official if designated by the school board,
may authorize or order the suspension or expulsion from school of a
pupil guilty of gross misdemeanor or persistent disobedience if, in
the judgment of the school board or its designee, as applicable,
the interest of the school is served by the authorization or order.
If there is reasonable cause to believe that the pupil is a student
with a disability, and the school district has not evaluated the
pupil in accordance with rules of the superintendent of public
instruction to determine if the pupil is a student with a
disability, the pupil shall be evaluated immediately by the
intermediate school district of which the school district is
constituent in accordance with section 1711.
(2)
If Except as otherwise
provided in subsection (11), if a
pupil possesses in a weapon free school zone a weapon that
constitutes a dangerous weapon, commits arson in a school building
or on school grounds, or commits criminal sexual conduct in a
school building or on school grounds, the school board, or the
designee of the school board as described in subsection (1) on
behalf of the school board, shall expel the pupil from the school
district permanently, subject to possible reinstatement under
subsection (5). However, a school board is not required to expel a
pupil for possessing a weapon if the pupil establishes in a clear
and convincing manner at least 1 of the following:
(a) The object or instrument possessed by the pupil was not
possessed by the pupil for use as a weapon, or for direct or
indirect delivery to another person for use as a weapon.
(b) The weapon was not knowingly possessed by the pupil.
(c) The pupil did not know or have reason to know that the
object or instrument possessed by the pupil constituted a dangerous
weapon.
(d) The weapon was possessed by the pupil at the suggestion,
request, or direction of, or with the express permission of, school
or police authorities.
(3) If an individual is expelled pursuant to subsection (2),
the expelling school district shall enter on the individual's
permanent record that he or she has been expelled pursuant to
subsection (2). Except if a school district operates or
participates cooperatively in an alternative education program
appropriate for individuals expelled pursuant to subsection (2) and
in its discretion admits the individual to that program, and except
for a strict discipline academy established under sections 1311b to
1311l, an individual expelled pursuant to subsection (2) is expelled
from all public schools in this state and the officials of a school
district shall not allow the individual to enroll in the school
district unless the individual has been reinstated under subsection
(5). Except as otherwise provided by law, a program operated for
individuals expelled pursuant to subsection (2) shall ensure that
those individuals are physically separated at all times during the
school day from the general pupil population. If an individual
expelled from a school district pursuant to subsection (2) is not
placed in an alternative education program or strict discipline
academy, the school district may provide, or may arrange for the
intermediate school district to provide, appropriate instructional
services to the individual at home. The type of services provided
shall meet the requirements of section 6(4)(u) of the state school
aid act of 1979, MCL 388.1606, and the services may be contracted
for in the same manner as services for homebound pupils under
section 109 of the state school aid act of 1979, MCL 388.1709. This
subsection does not require a school district to expend more money
for providing services for a pupil expelled pursuant to subsection
(2) than the amount of the foundation allowance the school district
receives for the pupil as calculated under section 20 of the state
school aid act of 1979, MCL 388.1620.
(4) If a school board expels an individual pursuant to
subsection (2), the school board shall ensure that, within 3 days
after the expulsion, an official of the school district refers the
individual to the appropriate county department of social services
or county community mental health agency and notifies the
individual's parent or legal guardian or, if the individual is at
least age 18 or is an emancipated minor, notifies the individual of
the referral.
(5) The parent or legal guardian of an individual expelled
pursuant to subsection (2) or, if the individual is at least age 18
or is an emancipated minor, the individual may petition the
expelling school board for reinstatement of the individual to
public education in the school district. If the expelling school
board denies a petition for reinstatement, the parent or legal
guardian or, if the individual is at least age 18 or is an
emancipated minor, the individual may petition another school board
for reinstatement of the individual in that other school district.
All of the following apply to reinstatement under this subsection:
(a) For an individual who was enrolled in grade 5 or below at
the time of the expulsion and who has been expelled for possessing
a firearm or threatening another person with a dangerous weapon,
the parent or legal guardian or, if the individual is at least age
18 or is an emancipated minor, the individual may initiate a
petition for reinstatement at any time after the expiration of 60
school days after the date of expulsion. For an individual who was
enrolled in grade 5 or below at the time of the expulsion and who
has been expelled pursuant to subsection (2) for a reason other
than possessing a firearm or threatening another person with a
dangerous weapon, the parent or legal guardian or, if the
individual is at least age 18 or is an emancipated minor, the
individual may initiate a petition for reinstatement at any time.
For an individual who was in grade 6 or above at the time of
expulsion, the parent or legal guardian or, if the individual is at
least age 18 or is an emancipated minor, the individual may
initiate a petition for reinstatement at any time after the
expiration of 150 school days after the date of expulsion.
(b) An individual who was in grade 5 or below at the time of
the expulsion and who has been expelled for possessing a firearm or
threatening another person with a dangerous weapon shall not be
reinstated before the expiration of 90 school days after the date
of expulsion. An individual who was in grade 5 or below at the time
of the expulsion and who has been expelled pursuant to subsection
(2) for a reason other than possessing a firearm or threatening
another person with a dangerous weapon shall not be reinstated
before the expiration of 10 school days after the date of the
expulsion. An individual who was in grade 6 or above at the time of
the expulsion shall not be reinstated before the expiration of 180
school days after the date of expulsion.
(c) It is the responsibility of the parent or legal guardian
or, if the individual is at least age 18 or is an emancipated
minor, of the individual to prepare and submit the petition. A
school board is not required to provide any assistance in preparing
the petition. Upon request by a parent or legal guardian or, if the
individual is at least age 18 or is an emancipated minor, by the
individual, a school board shall make available a form for a
petition.
(d) Not later than 10 school days after receiving a petition
for reinstatement under this subsection, a school board shall
appoint a committee to review the petition and any supporting
information submitted by the parent or legal guardian or, if the
individual is at least age 18 or is an emancipated minor, by the
individual. The committee shall consist of 2 school board members,
1 school administrator, 1 teacher, and 1 parent of a pupil in the
school district. During this time the superintendent of the school
district may prepare and submit for consideration by the committee
information concerning the circumstances of the expulsion and any
factors mitigating for or against reinstatement.
(e) Not later than 10 school days after all members are
appointed, the committee described in subdivision (d) shall review
the petition and any supporting information and information
provided by the school district and shall submit a recommendation
to the school board on the issue of reinstatement. The
recommendation shall be for unconditional reinstatement, for
conditional reinstatement, or against reinstatement, and shall be
accompanied by an explanation of the reasons for the recommendation
and of any recommended conditions for reinstatement. The
recommendation shall be based on consideration of all of the
following factors:
(i) The extent to which reinstatement of the individual would
create a risk of harm to pupils or school personnel.
(ii) The extent to which reinstatement of the individual would
create a risk of school district liability or individual liability
for the school board or school district personnel.
(iii) The age and maturity of the individual.
(iv) The individual's school record before the incident that
caused the expulsion.
(v) The individual's attitude concerning the incident that
caused the expulsion.
(vi) The individual's behavior since the expulsion and the
prospects for remediation of the individual.
(vii) If the petition was filed by a parent or legal guardian,
the degree of cooperation and support that has been provided by the
parent or legal guardian and that can be expected if the individual
is reinstated, including, but not limited to, receptiveness toward
possible conditions placed on the reinstatement.
(f) Not later than the next regularly scheduled board meeting
after receiving the recommendation of the committee under
subdivision (e), a school board shall make a decision to
unconditionally reinstate the individual, conditionally reinstate
the individual, or deny reinstatement of the individual. The
decision of the school board is final.
(g) A school board may require an individual and, if the
petition was filed by a parent or legal guardian, his or her parent
or legal guardian to agree in writing to specific conditions before
reinstating the individual in a conditional reinstatement. The
conditions may include, but are not limited to, agreement to a
behavior contract, which may involve the individual, parent or
legal guardian, and an outside agency; participation in or
completion of an anger management program or other appropriate
counseling; periodic progress reviews; and specified immediate
consequences for failure to abide by a condition. A parent or legal
guardian or, if the individual is at least age 18 or is an
emancipated minor, the individual may include proposed conditions
in a petition for reinstatement submitted under this subsection.
(6) A school board or school administrator that complies with
subsection (2) is not liable for damages for expelling a pupil
pursuant to subsection (2), and the authorizing body of a public
school academy is not liable for damages for expulsion of a pupil
by the public school academy pursuant to subsection (2).
(7) The department shall develop and distribute to all school
districts a form for a petition for reinstatement to be used under
subsection (5).
(8) This section does not diminish any rights under federal
law of a pupil who has been determined to be eligible for special
education programs and services.
(9) If a pupil expelled from a public school district pursuant
to subsection (2) is enrolled by a public school district sponsored
alternative education program or a public school academy during the
period of expulsion, the public school academy or alternative
education program shall immediately become eligible for the
prorated share of either the public school academy or operating
school district's foundation allowance or the expelling school
district's foundation allowance, whichever is higher.
(10) If an individual is expelled pursuant to subsection (2),
it is the responsibility of that individual and of his or her
parent or legal guardian to locate a suitable alternative
educational program and to enroll the individual in such a program
during the expulsion. The office of safe schools in the department
shall compile information on and catalog existing alternative
education programs or schools and nonpublic schools that may be
open to enrollment of individuals expelled pursuant to subsection
(2) and pursuant to section 1311a, and shall periodically
distribute this information to school districts for distribution to
expelled individuals. A school board that establishes an
alternative education program or school described in this
subsection shall notify the office of safe schools about the
program or school and the types of pupils it serves. The office of
safe schools also shall work with and provide technical assistance
to school districts, authorizing bodies for public school
academies, and other interested parties in developing these types
of alternative education programs or schools in geographic areas
that are not being served.
(11) Subsection (2) does not apply to a pupil who is engaged
solely in remote instruction and learning from the pupil's home,
provided by a school of excellence that is a cyber school, as
defined in section 551.
(12)
(11) As used in this section:
(a) "Arson" means a felony violation of chapter X of the
Michigan penal code, 1931 PA 328, MCL 750.71 to 750.80.
(b) "Criminal sexual conduct" means a violation of section
520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA
328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.
(c) "Dangerous weapon" means that term as defined in section
1313.
(d) "Firearm" means that term as defined in section 921 of
title 18 of the United States Code, 18 USC 921.
(e) "School board" means a school board, intermediate school
board, or the board of directors of a public school academy.
(f) "School district" means a school district, a local act
school district, an intermediate school district, or a public
school academy.
(g) "Weapon free school zone" means that term as defined in
section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 638.
(b) Senate Bill No. 926.
(c) Senate Bill No. 965.
(d) Senate Bill No. 981.
(e) Senate Bill No. 982.
(f) Senate Bill No. 994.
