Bill Text: MI SB1121 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Education; school choice; provision requiring certain agreement in order for special education pupil to participate in schools of choice outside of resident intermediate school district; strike. Amends sec. 105c of 1979 PA 94 (MCL 388.1705c).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-10-18 - Referred To Committee On Education [SB1121 Detail]

Download: Michigan-2015-SB1121-Introduced.html

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SENATE BILL No. 1121

 

 

October 18, 2016, Introduced by Senator JONES and referred to the Committee on Education.

 

 

     A bill to amend 1979 PA 94, entitled

 

"The state school aid act of 1979,"

 

by amending section 105c (MCL 388.1705c), as amended by 2008 PA

 

268.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 105c. (1) In order to avoid a penalty under this section,

 

and in order to count a nonresident pupil residing in a district

 

located in a contiguous intermediate district in membership without

 

the approval of the pupil's district of residence, a district shall

 

comply with this section.

 

     (2) Except as otherwise provided in this section, a district

 

shall determine whether or not it will accept applications for

 

enrollment by nonresident applicants residing in a district located

 

in a contiguous intermediate district for the next school year. If

 

the district determines to accept applications for enrollment of a

number of nonresidents under this section, beyond those entitled to

 

preference under this section, the district shall use the following

 

procedures for accepting applications from and enrolling

 

nonresidents under this section:

 

     (a) The district shall publish the grades, schools, and

 

special programs, if any, for which enrollment may be available to,

 

and for which applications will be accepted from, nonresident

 

applicants residing in a district located in a contiguous

 

intermediate district.

 

     (b) If the district has a limited number of positions

 

available for nonresidents residing in a district located in a

 

contiguous intermediate district in a grade, school, or program,

 

all of the following apply to accepting applications for and

 

enrollment of nonresidents under this section in that grade,

 

school, or program:

 

     (i) The district shall do all of the following not later than

 

the second Friday in August:

 

     (A) Provide notice to the general public that applications

 

will be taken for a period of at least 15 calendar days but not

 

more than 30 calendar days from nonresidents residing in a district

 

located in a contiguous intermediate district for enrollment in

 

that grade, school, or program. The notice shall identify the dates

 

of the application period and the place and manner for submitting

 

applications.

 

     (B) During the application period under sub-subparagraph (A),

 

accept applications from nonresidents residing in a district

 

located in a contiguous intermediate district for enrollment in

that grade, school, or program.

 

     (C) Within 15 calendar days after the end of the application

 

period under sub-subparagraph (A), using the procedures and

 

preferences required under this section, determine which

 

nonresident applicants will be allowed to enroll under this section

 

in that grade, school, or program, using the random draw system

 

required under subsection (14) as necessary, and notify the parent

 

or legal guardian of each nonresident applicant of whether or not

 

the applicant may enroll in the district. The notification to

 

parents or legal guardians of nonresident applicants accepted for

 

enrollment under this section shall contain notification of the

 

date by which the applicant must enroll in the district and

 

procedures for enrollment. The date for enrollment shall be no

 

later than the end of the first week of school.

 

     (ii) Beginning on the third Monday in August and not later

 

than the end of the first week of school, if any positions become

 

available in a grade, school, or program due to accepted applicants

 

failing to enroll or to more positions being added, the district

 

may enroll nonresident applicants from the waiting list maintained

 

under subsection (14), offering enrollment in the order that

 

applicants appear on the waiting list. If there are still positions

 

available after enrolling all applicants from the waiting list who

 

desire to enroll, the district may not fill those positions until

 

the second semester or trimester enrollment under subsection (3),

 

as provided under that subsection, or until the next school year.

 

     (c) For a grade, school, or program that has an unlimited

 

number of positions available for nonresidents residing in a

district located in a contiguous intermediate district, all of the

 

following apply to enrollment of nonresidents in that grade,

 

school, or program under this section:

 

     (i) The district may accept applications for enrollment in

 

that grade, school, or program, and may enroll nonresidents

 

residing in a district located in a contiguous intermediate

 

district in that grade, school, or program, until the end of the

 

first week of school. The district shall provide notice to the

 

general public of the place and manner for submitting applications

 

and, if the district has a limited application period, the notice

 

shall include the dates of the application period. The application

 

period shall be at least a 15-calendar-day period.

 

     (ii) Not later than the end of the first week of school, the

 

district shall notify the parent or legal guardian of each

 

nonresident applicant who is accepted for enrollment under this

 

section that the applicant has been accepted for enrollment in the

 

grade, school, or program and of the date by which the applicant

 

must enroll in the district and the procedures for enrollment. The

 

date for enrollment shall be no later than the end of the first

 

week of school.

 

     (3) If a district determines during the first semester or

 

trimester of a school year that it has positions available for

 

enrollment of a number of nonresidents residing in a district

 

located in a contiguous intermediate district, beyond those

 

entitled to preference under this section, for the second semester

 

or trimester of the school year, the district may accept

 

applications from and enroll nonresidents residing in a district

located in a contiguous intermediate district for the second

 

semester or trimester using the following procedures:

 

     (a) Not later than 2 weeks before the end of the first

 

semester or trimester, the district shall publish the grades,

 

schools, and special programs, if any, for which enrollment for the

 

second semester or trimester may be available to, and for which

 

applications will be accepted from, nonresident applicants residing

 

in a district located in a contiguous intermediate district.

 

     (b) During the last 2 weeks of the first semester or

 

trimester, the district shall accept applications from nonresidents

 

residing in a district located in a contiguous intermediate

 

district for enrollment for the second semester or trimester in the

 

available grades, schools, and programs.

 

     (c) By the beginning of the second semester or trimester,

 

using the procedures and preferences required under this section,

 

the district shall determine which nonresident applicants will be

 

allowed to enroll under this section in the district for the second

 

semester or trimester and notify the parent or legal guardian of

 

each nonresident applicant residing in a district located in a

 

contiguous intermediate district of whether or not the applicant

 

may enroll in the district. The notification to parents or legal

 

guardians of nonresident applicants accepted for enrollment shall

 

contain notification of the date by which the applicant must enroll

 

in the district and procedures for enrollment. The date for

 

enrollment shall be no later than the end of the first week of

 

school.

 

     (4) If deadlines similar to those described in subsection (2)

or (3) have been established in an intermediate district, and if

 

those deadlines are not later than the deadlines under subsection

 

(2) or (3), the districts within the intermediate district may use

 

those deadlines.

 

     (5) A district offering to enroll nonresident applicants

 

residing in a district located in a contiguous intermediate

 

district may limit the number of those nonresident pupils it

 

accepts in a grade, school, or program, at its discretion, and may

 

use that limit as the reason for refusal to enroll an applicant

 

under this section.

 

     (6) A nonresident applicant residing in a district located in

 

a contiguous intermediate district shall not be granted or refused

 

enrollment based on intellectual, academic, artistic, or other

 

ability, talent, or accomplishment, or lack thereof, or based on a

 

mental or physical disability, except that a district may refuse to

 

admit a nonresident applicant under this section if the applicant

 

does not meet the same criteria, other than residence, that an

 

applicant who is a resident of the district must meet to be

 

accepted for enrollment in a grade or a specialized, magnet, or

 

intra-district choice school or program to which the applicant

 

applies.

 

     (7) A nonresident applicant residing in a district located in

 

a contiguous intermediate district shall not be granted or refused

 

enrollment under this section based on age, except that a district

 

may refuse to admit a nonresident applicant applying for a program

 

that is not appropriate for the age of the applicant.

 

     (8) A nonresident applicant residing in a district located in

a contiguous intermediate district shall not be granted or refused

 

enrollment under this section based upon religion, race, color,

 

national origin, sex, height, weight, marital status, or athletic

 

ability, or, generally, in violation of any state or federal law

 

prohibiting discrimination.

 

     (9) Subject to subsection (10), a district may refuse to

 

enroll a nonresident applicant under this section if any of the

 

following are met:

 

     (a) The applicant is, or has been within the preceding 2

 

years, suspended from another school.

 

     (b) The applicant, at any time before enrolling under this

 

section, has been expelled from another school.

 

     (c) The applicant, at any time before enrolling under this

 

section, has been convicted of a felony.

 

     (10) If a district has counted a pupil in membership on either

 

the pupil membership count day or the supplemental count day, the

 

district shall not refuse to enroll or refuse to continue to enroll

 

that pupil for a reason specified in subsection (9). This

 

subsection does not prohibit a district from expelling a pupil

 

described in this subsection for disciplinary reasons.

 

     (11) A district shall continue to allow a pupil who was

 

enrolled in and attended the district under this section in the

 

school year or semester or trimester immediately preceding the

 

school year or semester or trimester in question to enroll in the

 

district until the pupil graduates from high school. This

 

subsection does not prohibit a district from expelling a pupil

 

described in this subsection for disciplinary reasons.

     (12) A district shall give preference for enrollment under

 

this section over all other nonresident applicants residing in a

 

district located in a contiguous intermediate district to other

 

school-age children who reside in the same household as a pupil

 

described in subsection (11).

 

     (13) If a nonresident pupil was enrolled in and attending

 

school in a district as a nonresident pupil in the 1995-96 school

 

year and continues to be enrolled continuously each school year in

 

that district, the district shall allow that nonresident pupil to

 

continue to enroll in and attend school in the district until high

 

school graduation, without requiring the nonresident pupil to apply

 

for enrollment under this section. This subsection does not

 

prohibit a district from expelling a pupil described in this

 

subsection for disciplinary reasons.

 

     (14) If the number of qualified nonresident applicants

 

eligible for acceptance under this section in a school, grade, or

 

program does not exceed the positions available for nonresident

 

pupils under this section in the school, grade, or program, the

 

school district shall accept for enrollment all of the qualified

 

nonresident applicants eligible for acceptance. If the number of

 

qualified nonresident applicants residing in a district located in

 

a contiguous intermediate district eligible for acceptance under

 

this section exceeds the positions available in a grade, school, or

 

program in a district for nonresident pupils, the district shall

 

use a random draw system, subject to the need to abide by state and

 

federal antidiscrimination laws and court orders and subject to

 

preferences allowed by this section. The district shall develop and

maintain a waiting list based on the order in which nonresident

 

applicants were drawn under this random draw system.

 

     (15) If a district, or the nonresident applicant, requests the

 

district in which a nonresident applicant resides to supply

 

information needed by the district for evaluating the applicant's

 

application for enrollment or for enrolling the applicant under

 

this section, the district of residence shall provide that

 

information on a timely basis.

 

     (16) If a district is subject to a court-ordered desegregation

 

plan, and if the court issues an order prohibiting pupils residing

 

in that district from enrolling in another district or prohibiting

 

pupils residing in another district from enrolling in that

 

district, this section is subject to the court order.

 

     (17) This section does not require a district to provide

 

transportation for a nonresident pupil enrolled in the district

 

under this section or for a resident pupil enrolled in another

 

district under this section. However, at the time a nonresident

 

pupil enrolls in the district, a district shall provide to the

 

pupil's parent or legal guardian information on available

 

transportation to and from the school in which the pupil enrolls.

 

     (18) A district may participate in a cooperative education

 

program with 1 or more other districts or intermediate districts

 

whether or not the district enrolls any nonresidents pursuant to

 

this section.

 

     (19) In order for a district or intermediate district to

 

enroll pursuant to this section a nonresident pupil who resides in

 

a district located in a contiguous intermediate district 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 enrolling district shall have a written agreement with

 

the resident district of the pupil for the purpose of providing the

 

pupil with a free appropriate public education. The written

 

agreement shall include, but is not limited to, an agreement on the

 

responsibility for the payment of the added costs of special

 

education programs and services for the pupil. The written

 

agreement shall address how the agreement shall be amended in the

 

event of significant changes in the costs or level of special

 

education programs or services required by the pupil.

 

     (19) (20) If a district does not comply with this section, the

 

district forfeits 5% of the total state school aid allocation to

 

the district under this act.

 

     (20) (21) Upon application by a district, the superintendent

 

may grant a waiver for the district from a specific requirement

 

under this section for not more than 1 year.

 

     (21) (22) This section is repealed if the final decision of a

 

court of competent jurisdiction holds that any portion of this

 

section is unconstitutional, ineffective, invalid, or in violation

 

of federal law.

 

     (22) (23) As used in this section, "district located in a

 

contiguous intermediate district" means a district located in an

 

intermediate district that is contiguous to the intermediate

 

district in which a pupil's district of residence is located.