HB-5606, As Passed Senate, March 23, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5606

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1280 (MCL 380.1280), as amended by 2003 PA 275,

and by adding section 1278a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1278a. (1) Beginning with pupils entering grade 8 in

2006, and subject to subsection (3), the board of a school district

or board of directors of a public school academy shall not award a

high school diploma to a pupil unless the pupil meets all of the

following:

     (a) Has completed all subject area assessments under section

1279 or the Michigan merit examination under section 1279g, as

applicable to the pupil under section 1279g, or has participated in

the MIAccess assessments.

     (b) Has successfully completed the credit requirements of the

Michigan merit curriculum before graduating from high school. The

credit requirements of the Michigan merit curriculum are as

follows:

     (i) At least 4 credits in English language arts that are

aligned with subject area content expectations developed by the

department. All of these credits shall include at least writing,

speaking, representing, reading, listening, viewing, literature,

culture, and language.

     (ii) At least 4 credits in mathematics that are aligned with

subject area content expectations developed by the department,

including completion of at least algebra I, geometry, and algebra

II, or an integrated sequence of this course content that consists

of 3 credits, and an additional mathematics credit, such as

trigonometry, statistics, precalculus, calculus, applied math,

accounting, business math, or a retake of algebra II. If a pupil

successfully completes a credit in algebra I, geometry, or algebra

II before entering high school, the pupil shall be given high

school credit for that credit. Each pupil must successfully

complete at least 1 mathematics course during grade 12.

     (iii) At least 3 credits in science that are aligned with

subject area content expectations developed by the department,

including completion of at least biology and chemistry or physics.

If a pupil successfully completes 1 or more of these science

credits before entering high school, the pupil shall be given high

school credit for that credit. The legislature strongly encourages

pupils to complete an additional credit in science, such as

forensics, astronomy, earth science, agricultural science,

environmental science, geology, physics or chemistry, physiology,

or microbiology.

     (iv) At least 3 credits in social science that are aligned with

subject area content expectations developed by the department,

including completion of at least 1 credit in United States history

and geography, 1 credit in world history and geography, 1/2 credit

in economics, and the civics or government course described in

section 1166(2).

     (v) At least 1 credit in health and physical education that is

aligned with guidelines developed by the department.

     (vi) At least 1 credit in visual arts, performing arts, or

applied arts, as defined by the department, that is aligned with

guidelines developed by the department.

     (c) Has successfully met the elective course credit

requirements established by the school district or public school

academy under subsection (6).

     (d) Meets either of the following, as determined by the school

district or public school academy:

     (i) Has successfully completed at least 1 course or learning

experience that is presented online, as defined by the department.

     (ii) The pupil's school district or public school academy has

integrated an online experience throughout the high school

curriculum by ensuring that each teacher of each course that

provides the required credits of the Michigan merit curriculum has

integrated an online experience into the course.

     (2) In addition to the requirements under subsection (1),

beginning with pupils entering grade 9 in 2009, the board of a

school district or board of directors of a public school academy

shall not award a high school diploma to a pupil unless the pupil

has successfully completed during grades 9 to 12 at least 2

credits, as determined by the department, in a language other than

English, or the pupil has successfully completed during grades K to

8 course work or other learning experiences that are substantially

equivalent to 2 credits in a language other than English, based on

standards developed by the department. For the purposes of this

subsection, all of the following apply:

     (a) American sign language is considered to be a language

other than English.

     (b) The pupil may meet all or part of this requirement with

online course work.

     (3) For the purposes of this section, the department shall do

all of the following:

     (a) Develop and implement subject area content expectations

that apply to the credit requirements of the Michigan merit

curriculum that are required under subsection (1)(b)(i) to (iv) and

develop and implement guidelines for the credit requirements of the

Michigan merit curriculum that are required under subsection

(1)(b)(v) and (vi) and for the online course or learning experience

under subsection (1)(d). All of the following apply to these

expectations and guidelines:

     (i) The department shall complete the development of the

subject area content expectations that apply to algebra I and Earth

science and the guidelines for the online course or learning

experience under subsection (1)(d) not later than August 1, 2006.

     (ii) The department shall complete development of the subject

area content expectations or guidelines that apply to each of the

other credits required in the Michigan merit curriculum under

subsection (1)(b) not later than 1 year before the beginning of the

school year in which a pupil entering high school in 2007 would

normally be expected to complete the credit.

     (iii) If the department has not completed development of the

subject area content expectations that apply to a particular credit

required in the Michigan merit curriculum under subsection (1)(b)

by the date required under this subdivision, a school district or

public school academy may align the content of the credit with

locally adopted standards.

     (b) Not later than 3 years after the effective date of this

section, develop or select and approve assessments that may be used

by school districts and public school academies to determine

whether a pupil has successfully completed a credit required under

the Michigan merit curriculum. The assessments for each credit

shall measure a pupil's understanding of the subject area content

expectations or guidelines that apply to the credit. The department

shall develop or select and approve assessments for each of the

following credits: algebra I, geometry, algebra II, Earth science,

biology, physics, chemistry, grade 9 English, grade 10 English,

grade 11 English, grade 12 English, world history, United States

history, economics, and civics/government.

     (c) Develop and implement standards and models for twenty-

first century teaching and learning skills required to be included

in elective courses under subsection (6).

     (d) Develop standards for determining whether course work or

other learning experiences during grades K to 8 are substantially

equivalent to 2 credits in a language other than English.

     (4) The requirements of subsection (1) are subject to all of

the following:

     (a) Except as otherwise provided in subdivision (b), the

parent or legal guardian of a pupil who has completed, or is about

to complete, at least the first semester of grade 11 and at least

2-1/2 years of the Michigan merit curriculum may request a

modification of the mathematics or science credit requirements

under subsection (1)(b)(ii) and (iii) for the pupil. If a pupil

requests modification under this subdivision, the pupil's school

district or public school academy shall work with the pupil and the

pupil's parent or legal guardian to develop an individualized

learning plan for the pupil. The pupil may then complete a

curriculum designed through this process and specified in the

individualized learning plan even if it does not meet the

mathematics or science credit requirements of subsection (1)(b). If

a pupil is at least age 18 or is an emancipated minor, the pupil

may act on his or her own behalf under this subdivision.

     (b) For a modification of the algebra II credit required under

subsection (1)(b), all of the following apply:

     (i) If a pupil has completed, or is about to complete, at least

grade 10 and at least 2 years of the Michigan merit curriculum, the

pupil's parent or legal guardian may request a modification of the

algebra II credit requirement at that point only if the pupil meets

1 or more of the following:

     (A) Elects to complete the same content as algebra II over 2

years, with a credit awarded for each of those 2 years.

     (B) Elects to use an alternative approach to complete the

benchmarks for algebra II based on the Michigan curriculum

framework after a mathematics teacher of the pupil and a certified

school counselor or an individual qualified to act as a school

counselor under section 1233 or 1233a, in consultation with the

pupil and the pupil's parent or legal guardian, have recommended an

alternative approach.

     (C) Enrolls in a formal career and technical education program

or curriculum.

     (ii) If a pupil has completed, or is about to complete, at

least the first semester of grade 11 and at least 2-1/2 years of

the Michigan merit curriculum, the pupil's parent or legal guardian

may request a modification of the algebra II credit requirement at

that point as provided under subdivision (a).

     (iii) If a pupil is at least age 18 or is an emancipated minor,

the pupil may act on his or her own behalf under this subdivision.

     (c) If a pupil receives special education services, the

pupil's individualized education program, in accordance with the

individuals with disabilities education act, title VI of Public Law

91-230, shall identify the appropriate course or courses of study

and identify the supports, accommodations, and modifications

necessary to allow the pupil to progress in the Michigan merit

curriculum required under subsection (1), or in an individualized

learning plan as provided under this subsection, and meet the

requirements for a high school diploma.

     (5) The board of a school district or board of directors of a

public school academy that operates a high school shall ensure that

each pupil is offered the curriculum necessary for the pupil to

meet the curricular requirements of subsection (1). The board or

board of directors may provide this curriculum by providing the

credits specified in subsection (1), by using alternative

instructional delivery methods such as alternative course work,

humanities course sequences, career and technical education,

industrial technology courses, or vocational education, or by a

combination of these.

     (6) The board of a school district or board of directors of a

public school academy that operates a high school shall establish a

number of elective course work credits that each pupil must

successfully complete to earn a high school diploma. The board or

board of directors shall ensure that each elective course offered

by the high school includes at least 1 of the following twenty-

first century teaching and learning skills according to standards

and models developed by the department:

     (a) Global literacy.

     (b) Civic literacy.

     (c) Financial, economic, and entrepreneurial literacy.

     (d) Information and communications technology literacy.

     (e) Learning skills.

     (7) Beginning in the 2006-2007 school year, the board of a

school district or board of directors of a public school academy

that operates grade 7 shall ensure that all pupils in grade 7 are

provided with a career pathways program or similar career

exploration program.

     (8) The board of a school district or public school academy

shall ensure that all components of the curricular requirements

under this section are taught by highly qualified teachers,

consistent with the requirements of the no child left behind act of

2001, Public Law 107-110.

     (9) If a school district or public school academy is unable to

implement all of the curricular requirements of this section for

pupils entering grade 9 in 2007 or is unable to implement another

requirement of this section, the school district or public school

academy may apply to the department for permission to phase in 1 or

more of the requirements of this section. To apply, the school

district or public school academy shall submit a proposed phase-in

plan to the department. The department shall approve a phase-in

plan if the department determines that the plan will result in the

school district or public school academy making satisfactory

progress toward full implementation of the requirements of this

section. If the department disapproves a proposed phase-in plan,

the department shall work with the school district or public school

academy to develop a satisfactory plan that may be approved.

     (10) For the purposes of this section, all of the following

apply:

     (a) A pupil is considered to have completed a credit if the

pupil successfully completes the subject area content expectations

or guidelines developed by the department that apply to the credit.

     (b) A school district or public school academy shall base its

determination of whether a pupil has successfully completed the

subject area content expectations or guidelines developed by the

department that apply to a credit at least in part on the pupil's

performance on the assessments developed or selected by the

department under subsection (3)(b) or on 1 or more assessments

developed or selected by the school district or public school

academy that measure a pupil's understanding of the subject area

content expectations or guidelines that apply to the credit.

     (c) A school district or public school academy shall also

grant a pupil a credit if the pupil earns a qualifying score, as

determined by the department, on the assessments developed or

selected for the subject area by the department under subsection

(3)(b) or the pupil earns a qualifying score, as determined by the

school district or public school academy, on 1 or more assessments

developed or selected by the school district or public school

academy that measure a pupil's understanding of the subject area

content expectations or guidelines that apply to the credit.

     (11) This section does not prohibit a pupil from satisfying or

exceeding the credit requirements of the Michigan merit curriculum

under this section through advanced studies such as advanced

placement, dual enrollment in a postsecondary institution, or the

international baccalaureate program.

     (12) Not later than October 1 of each year, a school district

or public school academy that operates a high school shall submit

to the intermediate school district in which it is located an

annual report detailing the number of pupils who have requested and

received a modification of the algebra II credit requirement under

subsection (4)(b).

     Sec. 1280. (1) The board of a school district that does not

want to be subject to the measures described in this section shall

ensure that each public school within the school district is

accredited.

     (2) As used in subsection (1), and subject to subsection (6),

"accredited" means certified by the superintendent of public

instruction as having met or exceeded standards established under

this section for 6 areas of school operation: administration and

school organization, curricula, staff, school plant and facilities,

school and community relations, and school improvement plans and

student performance. The building-level evaluation used in the

accreditation process shall include, but is not limited to, school

data collection, self-study, visitation and validation,

determination of performance data to be used, and the development

of a school improvement plan.

     (3) The department shall develop and distribute to all public

schools proposed accreditation standards. Upon distribution of the

proposed standards, the department shall hold statewide public

hearings for the purpose of receiving testimony concerning the

standards. After a review of the testimony, the department shall

revise and submit the proposed standards to the superintendent of

public instruction. After a review and revision, if appropriate, of

the proposed standards, the superintendent of public instruction

shall submit the proposed standards to the senate and house

committees that have the responsibility for education legislation.

Upon approval by these committees, the department shall distribute

to all public schools the standards to be applied to each school

for accreditation purposes. The superintendent of public

instruction shall review and update the accreditation standards

annually using the process prescribed under this subsection.

     (4) The superintendent of public instruction shall develop and

distribute to all public schools standards for determining that a

school is eligible for summary accreditation under subsection (6).

The standards shall be developed, reviewed, approved, and

distributed using the same process as prescribed in subsection (3)

for accreditation standards, and shall be finally distributed and

implemented not later than December 31, 1994.

     (5) The standards for accreditation or summary accreditation

under this section shall include as criteria pupil performance on

Michigan education assessment program (MEAP) tests and on the

Michigan merit examination under section 1279g and, until the

Michigan merit examination has been fully implemented, the

percentage of pupils achieving state endorsement under section

1279,  as criteria, but shall not be based solely on pupil

performance on MEAP tests or the Michigan merit examination or on

the percentage of pupils achieving state endorsement under section

1279. The standards shall also include as criteria multiple year

change in pupil performance on MEAP tests and the Michigan merit

examination and, until after the Michigan merit examination is

fully implemented, multiple year change in the percentage of pupils

achieving state endorsement under section 1279.  as criteria. If

it is necessary for the superintendent of public instruction to

revise accreditation or summary accreditation standards established

under subsection (3) or (4) to comply with this subsection, the

revised standards shall be developed, reviewed, approved, and

distributed using the same process as prescribed in subsection (3).

     (6) If the superintendent of public instruction determines

that a public school has met the standards established under

subsection (4) or (5) for summary accreditation, the school is

considered to be accredited without the necessity for a full

building-level evaluation under subsection (2).

     (7) If the superintendent of public instruction determines

that a school has not met the standards established under

subsection (4) or (5) for summary accreditation but that the school

is making progress toward meeting those standards, or if, based on

a full building-level evaluation under subsection (2), the

superintendent of public instruction determines that a school has

not met the standards for accreditation but is making progress

toward meeting those standards, the school is in interim status and

is subject to a full building-level evaluation as provided in this

section.

     (8) If a school has not met the standards established under

subsection (4) or (5) for summary accreditation and is not eligible

for interim status under subsection (7), the school is unaccredited

and subject to the measures provided in this section.

     (9) Beginning with the 2002-2003 school year, if at least 5%

of a public school's answer sheets from the administration of the

Michigan educational assessment program (MEAP) tests are lost by

the department or by a state contractor and if the public school

can verify that the answer sheets were collected from pupils and

forwarded to the department or the contractor, the department shall

not assign an accreditation score or school report card grade to

the public school for that subject area for the corresponding year

for the purposes of determining state accreditation under this

section. The department shall not assign an accreditation score or

school report card grade to the public school for that subject area

until the results of all tests for the next year are available.

     (10) Subsection (9) does not preclude the department from

determining whether a public school or a school district has

achieved adequate yearly progress for the school year in which the

answer sheets were lost for the purposes of the no child left

behind act of 2001, Public Law 107-110, 115 Stat. 1425. However,

the department shall ensure that a public school or the school

district is not penalized when determining adequate yearly progress

status due to the fact that the public school's MEAP answer sheets

were lost by the department or by a state contractor, but shall not

require a public school or school district to retest pupils or

produce scores from another test for this purpose.

     (11) The superintendent of public instruction shall annually

review and evaluate for accreditation purposes the performance of

each school that is unaccredited and as many of the schools that

are in interim status as permitted by the department's resources.

     (12) The superintendent of public instruction shall, and the

intermediate school district to which a school district is

constituent, a consortium of intermediate school districts, or any

combination thereof may, provide technical assistance, as

appropriate, to a school that is unaccredited or that is in interim

status upon request of the board of the school district in which

the school is located. If requests to the superintendent of public

instruction for technical assistance exceed the capacity, priority

shall be given to unaccredited schools.

     (13) A school that has been unaccredited for 3 consecutive

years is subject to 1 or more of the following measures, as

determined by the superintendent of public instruction:

     (a) The superintendent of public instruction or his or her

designee shall appoint at the expense of the affected school

district an administrator of the school until the school becomes

accredited.

     (b) A parent, legal guardian, or person in loco parentis of a

child who attends the school may send his or her child to any

accredited public school with an appropriate grade level within the

school district.

     (c) The school, with the approval of the superintendent of

public instruction, shall align itself with an existing research-

based school improvement model or establish an affiliation for

providing assistance to the school with a college or university

located in this state.

     (d) The school shall be closed.

     (14) The superintendent of public instruction shall evaluate

the school accreditation program and the status of schools under

this section and shall submit an annual report based upon the

evaluation to the senate and house committees that have the

responsibility for education legislation. The report shall address

the reasons each unaccredited school is not accredited and shall

recommend legislative action that will result in the accreditation

of all public schools in this state.

     (15) Beginning with the 2007-2008 school year, a high school

shall not be accredited by the department unless the department

determines that the high school is providing or has otherwise

ensured that all pupils have access to all of the elements of the

curriculum required under section 1278a that have been finally

approved by the state board. If it is necessary for the

superintendent of public instruction to revise accreditation or

summary accreditation standards established under subsection (3) or

(4) to comply with the changes made to this section by the

amendatory act that added this subsection, the revised standards

shall be developed, reviewed, approved, and distributed using the

same process as prescribed in subsection (3).