HB-4143, As Passed Senate, September 29, 2005
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4143
A bill to amend 1996 PA 160, entitled
"Postsecondary enrollment options act,"
by amending section 3 (MCL 388.513), as amended by 2004 PA 594.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) As used in this act:
(a) "Community college" means a community college established
under the community college act of 1966, 1966 PA 331, MCL 389.1 to
389.195, or under part 25 of the revised school code, 1976 PA 451,
MCL 380.1601 to 380.1607, or a federal tribally controlled
community college located in this state that is recognized under
the tribally controlled community college assistance act of 1978,
25 USC 1801 to 1852, and is determined by the department to meet
the requirements for accreditation by a recognized regional
accrediting body.
(b) "Department" means the department of education.
(c) "Eligible charges" means tuition and mandatory course
fees, material fees, and registration fees required by an eligible
institution for enrollment in an eligible course. Eligible charges
also include any late fees charged by an eligible postsecondary
institution due to the school district's failure to make a required
payment according to the timetable prescribed under this act.
Eligible charges do not include transportation or parking costs or
activity fees.
(d) "Eligible course" means a course offered by an eligible
postsecondary institution that is not offered by the school
district in which the eligible student is enrolled, or that is
offered by the school district but is determined by the board of
the school district to not be available to the eligible student
because of a scheduling conflict beyond the eligible student's
control; that is an academic course not ordinarily taken as an
activity course; that is a course that the postsecondary
institution normally applies toward satisfaction of degree
requirements; that is not a hobby craft or recreational course; and
that is in a subject area other than physical education, theology,
divinity, or religious education. However, until the 2006-2007
school year, for an eligible student who has not achieved state
endorsement in all subject areas under section 1279 of the revised
school code, 1976 PA 451, MCL 380.1279, an eligible course is
limited to a course in a subject area for which he or she has
achieved state endorsement, a course in computer science or foreign
language not offered by the school district, or a course in fine
arts as permitted by the school district. Beginning with
eligibility to participate under this act during the 2006-2007
school year, for an eligible student who has not achieved a
qualifying score in each subject area on a readiness assessment or
the Michigan merit examination, as applicable for the student, an
eligible course is limited to a course in a subject area for which
he or she has achieved a qualifying score, a course in computer
science or foreign language not offered by the school district, or
a course in fine arts as permitted by the school district.
(e) "Eligible postsecondary institution" means a state
university, community college, or independent nonprofit degree-
granting college or university that is located in this state and
that chooses to comply with this act.
(f) "Eligible student" means, except as otherwise provided in
this subdivision, a student enrolled in at least 1 high school
class in at least grade 11 in a school district in this state,
except a foreign exchange pupil enrolled in a school district under
a cultural exchange program. Until the 2006-2007 school year, to
be an eligible student a student must have achieved state
endorsement in all subject areas under section 1279 of the revised
school code, 1976 PA 451, MCL 380.1279, and, subject to subsection
(2), the student shall not have been enrolled in high school for
more than 4 school years including the school year in which the
student seeks to enroll in an eligible course under this act.
However, if the student has not achieved state endorsement in all
subject areas under that section, the student is an eligible
student only for the limited purpose of enrolling in 1 or more
eligible courses under this act in a subject area for which he or
she has achieved state endorsement, in computer science or foreign
language not offered by the school district, or in fine arts as
permitted by the school district. Beginning with eligibility to
participate under this act during the 2006-2007 school year, to be
an eligible student a student who has not taken the Michigan merit
examination must have achieved a qualifying score in all subject
areas on a readiness assessment and a student who has taken the
Michigan merit examination must have achieved a qualifying score in
all subject areas on the Michigan merit examination, and, subject
to subsection (2), the student shall not have been enrolled in high
school for more than 4 school years including the school year in
which the student seeks to enroll in an eligible course under this
act. However, if the student has not achieved a qualifying score in
all subject areas on a readiness assessment or the Michigan merit
examination, as applicable for the student, the student is an
eligible student only for the limited purpose of enrolling in 1 or
more eligible courses under this act in a subject area for which he
or she has achieved a qualifying score, in computer science or
foreign language not offered by the school district, or in fine
arts as permitted by the school district. For the purposes of
determining the number of years a pupil has been enrolled in high
school, a pupil who is enrolled in high school for less than 90
days of a school year due to illness or other circumstances beyond
the control of the pupil or the pupil's parent or guardian is not
considered to be enrolled in high school for that school year.
House Bill No. 4143 as amended September 27, 2005
(g) "Intermediate school district" means that term as defined
in section 4 of the revised school code, 1976 PA 451, MCL 380.4.
(h) "Michigan merit examination" means that examination
developed under section 1279g of the revised school code, 1976 PA
451, MCL 380.1279g.
(i) "Qualifying score" means a score on a readiness assessment
or the Michigan merit examination that has been determined by the
superintendent of public instruction to indicate readiness to
enroll in a postsecondary course in that subject area under this
act.
(j) "Readiness assessment" means assessment instruments that
are aligned with state learning standards; that are used nationally
to provide high school students with an early indication of college
readiness proficiency in English, mathematics, reading, social
studies, and science and may contain a comprehensive career
planning program; and that are approved by the superintendent of
public instruction for the purposes of this act.
(k) "School district" means that term as defined in section 6
of the revised school code, 1976 PA 451, MCL 380.6, a local act
school district as defined in section 5 of the revised school code,
1976 PA 451, MCL 380.5, or a public school academy as defined in
section 5 of the revised school code, 1976 PA 451, MCL 380.5.
(l) "State university" means a state institution of higher
education described in section 4, 5, or 6 of article VIII of the
state constitution of 1963.
(2) The <<superintendent of public instruction>> shall promulgate
rules
establishing criteria and procedures under which a student who has
been enrolled in high school for more than 4 years but not more
than 5 years may be considered to be an eligible student. The rules
shall address special circumstances under which a student may
qualify to be considered an eligible student under this subsection
and may limit the number of courses in which a student who
qualifies under this subsection may enroll. For the purposes of
determining the number of years a pupil has been enrolled in high
school, a pupil who is enrolled in high school for less than 90
days of a school year due to illness or other circumstances beyond
the control of the pupil or the pupil's parent or guardian is not
considered to be enrolled for that school year.