HOUSE BILL No. 5606

 

January 24, 2006, Introduced by Reps. Palmer, Mortimer, Taub, Ball, Vander Veen, Robertson, Caul, Pavlov, Garfield, Marleau, LaJoy, Meyer, Stakoe and Acciavatti and referred to the Committee on Education.

 

     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; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1278a. (1) Beginning with pupils scheduled to graduate

 

from high school in 2010, and subject to subsection (4), 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 successfully completed all of the following credit

 

requirements as part of his or her high school course work:

 

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

 

aligned with course content expectations developed by the

 


department under subsection (2) and approved by the state board

 

under subsection (3).

 

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

 

course content expectations developed by the department under

 

subsection (2) and approved by the state board under subsection

 

(3), including completion of at least 2 algebra courses, 1 geometry

 

course, and an additional course beyond algebra I and geometry from

 

among courses approved by the department. If a pupil completed 1 or

 

more of these specified mathematics courses before beginning high

 

school, the pupil shall substitute another mathematics course for

 

each of these courses he or she completed before high school.

 

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

 

content expectations developed by the department under subsection

 

(2) and approved by the state board under subsection (3), including

 

completion of at least 1 biology course, 1 chemistry or physics

 

course, and an additional course from among courses approved by the

 

department. At least 1 of the additional courses approved by the

 

department shall be a course in earth science.

 

     (iv) At least 0.5 credit in civics, 0.5 credit in economics, 1

 

credit in United States history and geography, and 1 credit in

 

world history and geography.

 

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

 

among courses approved by the department.

 

     (vi) At least 1 credit in fine arts or music from among courses

 

approved by the department.

 

     (b) Beginning in the academic year that begins after the state

 

board has adopted a resolution indicating that the state board has

 


determined that all high school pupils in this state have

 

substantially similar access to the internet and to substantially

 

similar computing technology, has successfully completed at least 1

 

course or learning experience that is presented online, as defined

 

by the department.

 

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

 

all of the following:

 

     (a) Develop course content expectations for all elements of

 

the curriculum required under subsection (1). All of the following

 

apply to these course content expectations:

 

     (i) All course content expectations shall be consistent with

 

the state board recommended model core academic curriculum content

 

standards under section 1278.

 

     (ii) The course content expectations must be approved by the

 

state board under subsection (3).

 

     (iii) The course content expectations shall state in clear and

 

measurable terms what pupils are expected to know upon completion

 

of each course.

 

     (iv) Except as otherwise provided in this subparagraph, the

 

course content expectations for all subjects shall be developed by

 

the department and approved by the state board under subsection (3)

 

not later than March 1, 2006. The course content expectations for

 

sophomore-level English language arts shall be developed by the

 

department and approved by the state board under subsection (3) not

 

later than March 1, 2007, for junior-level English language arts

 

shall be developed by the department and approved by the state

 

board under subsection (3) not later than March 1, 2008, and for

 


senior-level English language arts shall be developed by the

 

department and approved by the state board under subsection (3) not

 

later than March 1, 2009.

 

     (v) The course content expectations for English language arts

 

shall focus on reading and writing.

 

     (vi) The course content expectations for mathematics shall

 

focus on the study of measurement, properties, and relationships of

 

quantities and sets, using both numbers and symbols.

 

     (vii) The course content expectations for science shall include

 

using the scientific method to critically evaluate scientific

 

theories and using relevant scientific data to assess the validity

 

of those theories and formulate arguments for and against those

 

theories.

 

     (viii) The course content expectations for civics shall focus on

 

the constitution of the United States, the constitution of this

 

state, and the history and present form of government of the United

 

States and of this state and its political subdivisions.

 

     (ix) The course content expectations for economics shall focus

 

on the fundamental concepts of microeconomics, macroeconomics,

 

international economics, and personal finance.

 

     (x) The course content expectations for United States history

 

and geography shall focus on the history of the American experiment

 

of liberty under law and shall cover American colonial heritage and

 

the founding of the republic to present day.

 

     (xi) The course content expectations for world history and

 

geography shall focus on the development of cultures before 1600,

 

beginning with consideration of the Mesopotamian and Hebrew

 


civilizations. The course shall be designed to acquaint pupils with

 

the historical roots of the Western heritage.

 

     (xii) The course content expectations for health and physical

 

education shall focus on demonstration of competency in motor

 

skills and movement patterns needed to perform a variety of

 

physical activities and understanding of movement concepts,

 

principles, strategies, and tactics as they apply to the learning

 

and performance of physical activities.

 

     (xiii) The course content expectations for fine arts or music

 

shall focus on analyzing the dynamics of the creative process in a

 

given medium, addressing the interaction between the artist and the

 

cultural milieu, and analyzing the nature of the aesthetic

 

response, and shall require firsthand experience with works of art

 

or music.

 

     (b) Develop guidelines for alternative instructional delivery

 

methods as described in subsection (5).

 

     (3) The state board shall approve course content expectations

 

developed by the department under subsection (2) before those

 

course content expectations may take effect. Before the department

 

presents proposed course content expectations to the state board

 

for approval, the department shall submit the proposed course

 

content expectations to a group consisting of a designee of the

 

state board, the chair of the senate standing committee on

 

education or his or her designee, and the chair of the house

 

standing committee on education or his or her designee. The

 

department shall not present a proposed course content expectation

 

to the state board for approval unless all of the members of this

 


group have determined that the course content expectation is

 

consistent with the requirements of this section.

 

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

 

the following:

 

     (a) A pupil who has completed at least grade 8 may request a

 

modification of his or her individual high school graduation

 

requirements and a personalized alternative curriculum. If all of

 

the requirements under this subdivision for a personalized

 

alternative curriculum are met, then the board of a school district

 

or board of directors of a public school academy may award a high

 

school diploma to a pupil who successfully completes his or her

 

personalized alternative curriculum even if it does not meet the

 

requirements of the curriculum required under subsection (1). All

 

of the following apply to a personalized alternative curriculum:

 

     (i) The personalized alternative curriculum shall be developed

 

by a group consisting of the pupil, at least 1 of the pupil's

 

parents or the pupil's legal guardian, at least 1 of the pupil's

 

high school teachers who is selected by the high school principal,

 

and the pupil's high school counselor or another designee selected

 

by the high school principal. If the pupil is at least age 18 or is

 

an emancipated minor, at the pupil's option this group shall not

 

include the pupil's parent or legal guardian.

 

     (ii) The personalized alternative curriculum shall meet all of

 

the following:

 

     (A) Shall incorporate as much of the course content

 

expectations of the curriculum required under subsection (1) as is

 

practicable.

 


     (B) Shall establish measurable goals that the pupil must

 

achieve while enrolled in high school and shall provide a method to

 

evaluate whether the pupil achieved these goals.

 

     (C) Shall be designed to prepare the pupil for employment

 

after graduation from high school or for enrollment in a 4-year

 

college or university, a community college, or a postsecondary

 

trade, technical, or vocational institution after graduation from

 

high school.

 

     (iii) Before it takes effect, the personalized alternative

 

curriculum must be agreed to by the pupil's parent or legal

 

guardian, or by the pupil if the pupil is at least age 18 or is an

 

emancipated minor, and by the superintendent of the school district

 

or chief executive of the public school academy or his or her

 

designee.

 

     (iv) Unless the pupil is at least age 18 or is an emancipated

 

minor, the pupil's parent or legal guardian shall be in

 

communication with each of the pupil's teachers at least once each

 

calendar quarter to monitor the pupil's progress toward the goals

 

contained in the pupil's personalized alternative curriculum.

 

     (v) A group consisting of the same people as under

 

subparagraph (i) shall at least annually review the pupil's progress

 

toward the goals contained in the pupil's personalized alternative

 

curriculum.

 

     (vi) Modifications may be made in a personalized alternative

 

curriculum if the modifications are developed and agreed to in the

 

same manner as the original personalized alternative curriculum.

 

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

 


pupil's individualized education plan supersedes the requirements

 

of subsection (1).

 

     (5) A school district, intermediate school district, or public

 

school academy shall ensure that the content expectations for the

 

curriculum requirements of subsection (1) are met by providing the

 

course work specified in subsection (1) or by using alternative

 

instructional delivery methods such as alternative course work,

 

career and technical education, or humanities course sequences.

 

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

 

public school academy shall ensure that all elements of the

 

curriculum required under subsection (1) are made available to all

 

affected pupils. If a school district or public school academy does

 

not offer all of the required courses, the board of the school

 

district or board of directors of the public school academy shall

 

ensure that the pupil has access to the required courses by another

 

means, such as enrollment in a postsecondary course under the

 

postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to

 

388.524; cooperative arrangement with a neighboring school district

 

or with a public school academy; or granting approval under section

 

6(6) of the state school aid act of 1979, MCL 388.1606, for the

 

pupil to be counted in membership in another school district.

 

     (7) If a pupil is unable to meet a requirement under this

 

section for a high school diploma because the state board has not

 

approved course content expectations for a course or the department

 

or state board otherwise has not complied with this section, then

 

that particular requirement does not apply to the pupil.

 

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

 


apply:

 

     (a) A pupil is considered to have completed 1 credit if the

 

pupil successfully completes a course that meets the course content

 

expectations developed for the course by the department and

 

approved by the state board.

 

     (b) A pupil is considered to have successfully completed a

 

course if the pupil earns a grade of at least 2.0 on a 4.0 scale.

 

     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 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).

 

     Enacting section 1. Section 1166 of the revised school code,

 

1976 PA 451, MCL 380.1166, is repealed effective July 1, 2006.