SENATE BILL No. 252

February 22, 2001, Introduced by Senator BENNETT and referred to the Committee

on Education.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 502 (MCL 380.502), as amended by 1995

PA 289.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 502. (1) A public school academy shall be organized

2 and administered under the direction of a board of directors in

3 accordance with this part and with bylaws adopted by the board of

4 directors. A public school academy corporation shall be orga-

5 nized under the nonprofit corporation act, Act No. 162 of the

6 Public Acts of 1982, being sections 450.2101 to 450.3192 of the

7 Michigan Compiled Laws 1982 PA 162, MCL 450.2101 TO 450.3192,

8 except that a public school academy corporation is not required

9 to comply with sections 170 to 177 of Act No. 327 of the Public

10 Acts of 1931, being sections 450.170 to 450.177 of the Michigan

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1 Compiled Laws 1931 PA 327, MCL 450.170 TO 450.177. To the

2 extent disqualified under the state or federal constitution, a

3 public school academy shall not be organized by a church or other

4 religious organization and shall not have any organizational or

5 contractual affiliation with or constitute a church or other

6 religious organization.

7 (2) Any of the following may act as an authorizing body to

8 issue a contract to organize and operate 1 or more public school

9 academies under this part:

10 (a) The board of a school district that operates grades K to

11 12. However, the board of a school district shall not issue a

12 contract for a public school academy to operate outside the

13 school district's boundaries, and a public school academy autho-

14 rized by the board of a school district shall not operate outside

15 that school district's boundaries.

16 (b) An intermediate school board. However, the board of an

17 intermediate school district shall not issue a contract for a

18 public school academy to operate outside the intermediate school

19 district's boundaries, and a public school academy authorized by

20 the board of an intermediate school district shall not operate

21 outside that intermediate school district's boundaries.

22 (c) The board of a community college. However, except as

23 otherwise provided in this subdivision, the board of a community

24 college shall not issue a contract for a public school academy to

25 operate in a school district organized as a school district of

26 the first class, a public school academy authorized by the board

27 of a community college shall not operate in a school district

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1 organized as a school district of the first class, the board of a

2 community college shall not issue a contract for a public school

3 academy to operate outside the boundaries of the community col-

4 lege district, and a public school academy authorized by the

5 board of a community college shall not operate outside the bound-

6 aries of the community college district. The board of a commu-

7 nity college also may issue a contract for not more than 1 public

8 school academy to operate on the grounds of an active or closed

9 federal military installation located outside the boundaries of

10 the community college district, or may operate a public school

11 academy itself on the grounds of such a federal military instal-

12 lation, if the federal military installation is not located

13 within the boundaries of any community college district and the

14 community college has previously offered courses on the grounds

15 of the federal military installation for at least 10 years.

16 (d) The governing board of a state public university.

17 However, the combined total number of contracts for public

18 school academies issued by all state public universities shall

19 not exceed 85 through 1996, and, after the initial evaluation

20 under section 501a, shall not exceed 100 through 1997, 125

21 through 1998, or 150 thereafter. Further, the total number of

22 contracts issued by any 1 state public university shall not

23 exceed 50 through 1996, and thereafter shall not exceed 50% of

24 the maximum combined total number that may be issued under this

25 subdivision.

26 (3) To obtain a contract to organize and operate 1 or more

27 public school academies, 1 or more persons or an entity may apply

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1 to an authorizing body described in subsection (2). The

2 application shall include at least all of the following:

3 (a) Identification of the applicant for the contract.

4 (b) Subject to the resolution adopted by the authorizing

5 body under section 503(4) 503, a list of the proposed members

6 of the board of directors of the public school academy and a

7 description of the qualifications and method for appointment or

8 election of members of the board of directors.

9 (c) The proposed articles of incorporation, which shall

10 include at least all of the following:

11 (i) The name of the proposed public school academy.

12 (ii) The purposes for the public school academy

13 corporation. This language shall provide that the public school

14 academy is incorporated pursuant to this part and that the public

15 school academy corporation is a governmental entity.

16 (iii) The name of the authorizing body.

17 (iv) The proposed time when the articles of incorporation

18 will be effective.

19 (v) Other matters considered expedient to be in the articles

20 of incorporation.

21 (d) A copy of the proposed bylaws of the public school

22 academy.

23 (e) Documentation meeting the application requirements of

24 the authorizing body, including at least all of the following:

25 (i) The governance structure of the public school academy.

26 (ii) A copy of the educational goals of the public school

27 academy and the curricula to be offered and methods of pupil

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1 assessment to be used by the public school academy. To the

2 extent applicable, the progress of the pupils in the public

3 school academy shall be assessed using at least a Michigan educa-

4 tion assessment program (MEAP) test or an assessment instrument

5 developed under section 1279 for a state-endorsed high school

6 diploma.

7 (iii) The admission policy and criteria to be maintained by

8 the public school academy. The admission policy and criteria

9 shall comply with section 504. This part of the application also

10 shall include a description of how the applicant will provide to

11 the general public adequate notice that a public school academy

12 is being created and adequate information on the admission

13 policy, criteria, and process.

14 (iv) The school calendar and school day schedule.

15 (v) The age or grade range of pupils to be enrolled.

16 (f) Descriptions of staff responsibilities and of the public

17 school academy's governance structure.

18 (g) For an application to the board of a school district, an

19 intermediate school board, or board of a community college, iden-

20 tification of the local and intermediate school districts in

21 which the public school academy will be located.

22 (h) An agreement that the public school academy will comply

23 with the provisions of this part and, subject to the provisions

24 of this part, with all other state law applicable to public

25 bodies and with federal law applicable to public bodies or school

26 districts.

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1 (i) For a public school academy authorized by a school

2 district, an assurance that employees of the public school

3 academy will be covered by the collective bargaining agreements

4 that apply to other employees of the school district employed in

5 similar classifications in schools that are not public school

6 academies.

7 (j) A description of and address for the proposed physical

8 plant in which the public school academy will be located.

9 (4) An authorizing body shall oversee, or shall contract

10 with an intermediate school district, community college, or state

11 public university to oversee, each public school academy operat-

12 ing under a contract issued by the authorizing body. The over-

13 sight shall be sufficient to ensure that the authorizing body can

14 certify that the public school academy is in compliance with

15 statute, rules, and the terms of the contract.

16 (5) If the state board SUPERINTENDENT OF PUBLIC

17 INSTRUCTION finds that an authorizing body is not engaging in

18 appropriate continuing oversight of 1 or more public school acad-

19 emies operating under a contract issued by the authorizing body,

20 the state board SUPERINTENDENT OF PUBLIC INSTRUCTION may sus-

21 pend the power of the authorizing body to issue new contracts to

22 organize and operate public school academies. A contract issued

23 by the authorizing body during the suspension is void. A con-

24 tract issued by the authorizing body before the suspension is not

25 affected by the suspension.

26 (6) An authorizing body shall not charge a fee, or require

27 reimbursement of expenses, for considering an application for a

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1 contract, for issuing a contract, or for providing oversight of a

2 contract for a public school academy in an amount that exceeds a

3 combined total of 3% of the total state school aid received by

4 the public school academy in the school year in which the fees or

5 expenses are charged. An authorizing body may provide other

6 services for a public school academy and charge a fee for those

7 services, but shall not require such an arrangement as a condi-

8 tion to issuing the contract authorizing the public school

9 academy.

10 (7) A public school academy shall be presumed to be legally

11 organized if it has exercised the franchises and privileges of a

12 public school academy for at least 2 years.

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