EXECUTIVE BUDGET BILL
February 21, 2006, Introduced by Rep. Brown and referred to the Committee on Appropriations.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 3, 6, 11, 11a, 11f, 11g, 11j, 11k, 14, 15,
17a, 17b, 18, 19, 20, 20d, 20j, 22a, 22b, 22d, 24, 25a, 26a, 26b,
31a, 31d, 31f, 32c, 32d, 32j, 32l, 39a, 41, 41a, 51a, 51c, 51d, 53a,
54, 54a, 56, 57, 61a, 62, 74, 81, 94a, 98, 98b, 99, 101, 107, 121,
147, 161a, and 167 (MCL 388.1603, 388.1606, 388.1611, 388.1611a,
388.1611f, 388.1611g, 388.1611j, 388.1611k, 388.1614, 388.1615,
388.1617a, 388.1617b, 388.1618, 388.1619, 388.1620, 388.1620d,
388.1620j, 388.1622a, 388.1622b, 388.1622d, 388.1624, 388.1625a,
388.1626a, 388.1626b, 388.1631a, 388.1631d, 388.1631f, 388.1632c,
388.1632d, 388.1632j, 388.1632l, 388.1639a, 388.1641, 388.1641a,
388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654a,
388.1656, 388.1657, 388.1661a, 388.1662, 388.1674, 388.1681,
388.1694a, 388.1698, 388.1698b, 388.1699, 388.1701, 388.1707,
388.1721, 388.1747, 388.1761a, and 388.1767), sections 3, 6, 11,
11a, 11f, 11g, 11j, 15, 18, 19, 20, 20j, 22a, 22b, 22d, 24, 26a,
31a, 31d, 32c, 32d, 32j, 39a, 41, 41a, 51a, 51c, 51d, 53a, 54, 56,
57, 61a, 62, 74, 81, 94a, 98, 98b, 99, 101, 107, 147, and 167 as
amended and sections 11k, 26b, 31f, 32l, and 54a as added by 2005 PA
155, section 14 as amended by 1993 PA 336, section 17a as amended
by 2005 PA 95, section 17b as amended by 2005 PA 150, section 20d
as amended by 1997 PA 93, sections 25a and 161a as added by 1998 PA
553, and section 121 as amended by 1995 PA 130, and by adding
sections 22e, 24a, 24c, 29, 32, 32b, 34, 35, 64, 65, 66, 99c, and
104; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) "Average daily attendance", for the purposes of
complying with federal law and except
as used in section 6(4)(cc)
(BB), means 92% of the membership as defined in section 6(4).
(2) "Board" means the governing body of a district or public
school academy.
(3) "Center" means the center for educational performance and
information created in section 94a.
(4) "Cooperative education program" means a written voluntary
agreement between and among districts to provide certain
educational programs for pupils in certain groups of districts. The
written agreement shall be approved by all affected districts at
least annually and shall specify the educational programs to be
provided and the estimated number of pupils from each district who
will participate in the educational programs.
(5)
"Department", except in sections SECTION 107 and
107b,
means the department of education.
(6) "District" means a local school district established under
the revised school code, a local act school district, or, except in
sections 6(4), 6(6), 13, 20, 22a, 23, 29, 31a, 105, and 105c, a
public school academy. Except in sections 6(4), 6(6), 13, 20, 22a,
29, 105, and 105c, district also includes a university school.
(7) "District of residence", except as otherwise provided in
this subsection, means the district in which a pupil's custodial
parent or parents or legal guardian resides. For a pupil described
in section 24b, the pupil's district of residence is the district
in which the pupil enrolls under that section. For a pupil
described in section 6(4)(d), the pupil's district of residence
shall be considered to be the district or intermediate district in
which the pupil is counted in membership under that section. For a
pupil under court jurisdiction who is placed outside the district
in which the pupil's custodial parent or parents or legal guardian
resides, the pupil's district of residence shall be considered to
be the educating district or educating intermediate district.
(8) "District superintendent" means the superintendent of a
district, the chief administrator of a public school academy, or
the chief administrator of a university school.
Sec. 6. (1) "Center program" means a program operated by a
district or intermediate district for special education pupils from
several districts in programs for the
autistically impaired,
trainable mentally impaired,
severely mentally impaired, severely
multiply impaired, hearing impaired,
physically and otherwise
health impaired, and visually
impaired PUPILS WITH AUTISM SPECTRUM
DISORDER, PUPILS WITH SEVERE COGNITIVE IMPAIRMENT, PUPILS WITH
MODERATE COGNITIVE IMPAIRMENT, PUPILS WITH SEVERE MULTIPLE
IMPAIRMENTS, PUPILS WITH HEARING IMPAIRMENT, PUPILS WITH VISUAL
IMPAIRMENT, AND PUPILS WITH PHYSICAL IMPAIRMENT OR OTHER HEALTH
IMPAIRMENT. Programs for emotionally
impaired pupils WITH EMOTIONAL
IMPAIRMENT housed in buildings that do not serve regular education
pupils also qualify. Unless otherwise approved by the department, a
center program either shall serve all constituent districts within
an intermediate district or shall serve several districts with less
than 50% of the pupils residing in the operating district. In
addition, special education center program pupils placed part-time
in noncenter programs to comply with the least restrictive
environment provisions of section 612 of part B of the individuals
with disabilities education act, 20 USC 1412, may be considered
center program pupils for pupil accounting purposes for the time
scheduled in either a center program or a noncenter program.
(2) "District and high school graduation rate" means the
annual completion and pupil dropout rate that is calculated by the
center pursuant to nationally recognized standards.
(3) "District and high school graduation report" means a
report of the number of pupils, excluding adult participants, in
the district for the immediately preceding school year, adjusted
for those pupils who have transferred into or out of the district
or high school, who leave high school with a diploma or other
credential of equal status.
(4) "Membership", except as otherwise provided in this act,
means for a district, public school academy, university school, or
intermediate district the sum of the product of .75 times the
number of full-time equated pupils in grades K to 12 actually
enrolled and in regular daily attendance on the pupil membership
count day for the current school year, plus the product of .25
times the final audited count from the supplemental count day for
the immediately preceding school year. All pupil counts used in
this subsection are as determined by the department and calculated
by adding the number of pupils registered for attendance plus
pupils received by transfer and minus pupils lost as defined by
rules promulgated by the superintendent, and as corrected by a
subsequent department audit. The amount of the foundation allowance
for a pupil in membership is determined under section 20. In making
the calculation of membership, all of the following, as applicable,
apply to determining the membership of a district, public school
academy, university school, or intermediate district:
(a) Except as otherwise provided in this subsection, and
pursuant to subsection (6), a pupil shall be counted in membership
in the pupil's educating district or districts. An individual pupil
shall not be counted for more than a total of 1.0 full-time equated
membership.
(b) If a pupil is educated in a district other than the
pupil's district of residence, if the pupil is not being educated
as part of a cooperative education program, if the pupil's district
of residence does not give the educating district its approval to
count the pupil in membership in the educating district, and if the
pupil is not covered by an exception specified in subsection (6) to
the requirement that the educating district must have the approval
of the pupil's district of residence to count the pupil in
membership, the pupil shall not be counted in membership in any
district.
(c) A special education pupil educated by the intermediate
district shall be counted in membership in the intermediate
district.
(d) A pupil placed by a court or state agency in an on-grounds
program of a juvenile detention facility, a child caring
institution, or a mental health institution, or a pupil funded
under section 53a, shall be counted in membership in the district
or intermediate district approved by the department to operate the
program.
(e) A pupil enrolled in the Michigan schools for the deaf and
blind shall be counted in membership in the pupil's intermediate
district of residence.
(f) A pupil enrolled in a vocational education program
supported by a millage levied over an area larger than a single
district or in an area vocational-technical education program
established pursuant to section 690 of the revised school code, MCL
380.690, shall be counted only in the pupil's district of
residence.
(g) A pupil enrolled in a university school shall be counted
in membership in the university school.
(h) A pupil enrolled in a public school academy shall be
counted in membership in the public school academy.
(i) For a new district, university school, or public school
academy beginning its operation after December 31, 1994, membership
for the first 2 full or partial fiscal years of operation shall be
determined as
follows:
(i) If operations begin before the pupil membership count day
for the fiscal year, membership is the average number of full-time
equated pupils in grades K to 12 actually enrolled and in regular
daily attendance on the pupil membership count day for the current
school year and on the supplemental count day for the current
school year, as determined by the department and calculated by
adding the number of pupils registered for attendance on the pupil
membership count day plus pupils received by transfer and minus
pupils lost as defined by rules promulgated by the superintendent,
and as corrected by a subsequent department audit, plus the final
audited count from the supplemental count day for the current
school year, and dividing that sum by 2.
(ii) If operations begin after the pupil membership count day
for the fiscal year and not later than the supplemental count day
for the fiscal year, membership is the final audited count of the
number of full-time equated pupils in grades K to 12 actually
enrolled and in regular daily attendance on the supplemental count
day for the current school year.
(j) If a district is the authorizing body for a public school
academy, then, in the first school year in which pupils are counted
in membership on the pupil membership count day in the public
school academy, the determination of the district's membership
shall exclude from the district's pupil count for the immediately
preceding supplemental count day any pupils who are counted in the
public school academy on that first pupil membership count day who
were also counted in the district on the immediately preceding
supplemental count day.
(k) In a district, public school academy, university school,
or intermediate district operating an extended school year program
approved by the superintendent, a pupil enrolled, but not scheduled
to be in regular daily attendance on a pupil membership count day,
shall be counted.
(l) Pupils to be counted in membership shall be not less than 5
years of age on December 1 and less than 20 years of age on
September 1 of the school year except a special education pupil who
is enrolled and receiving instruction in a special education
program or service approved by the department and not having a high
school diploma who is less than 26 years of age as of September 1
of the current school year shall be counted in membership.
(m) An individual who has obtained a high school diploma shall
not be counted in membership. An individual who has obtained a
general educational development (G.E.D.) certificate shall not be
counted in membership. An individual participating in a job
training program funded under former section 107a or a jobs program
funded under former section 107b, administered by the Michigan
strategic fund or the department of labor and economic growth, or
participating in any successor of either of those 2 programs, shall
not be counted in membership.
(n) If a pupil counted in membership in a public school
academy is also educated by a district or intermediate district as
part of a cooperative education program, the pupil shall be counted
in membership only in the public school academy unless a written
agreement signed by all parties designates the party or parties in
which the pupil shall be counted in membership, and the
instructional time scheduled for the pupil in the district or
intermediate district shall be included in the full-time equated
membership determination under subdivision (q). However, for pupils
receiving instruction in both a public school academy and in a
district or intermediate district but not as a part of a
cooperative education program, the following apply:
(i) If the public school academy provides instruction for at
least 1/2 of the class hours specified in subdivision (q), the
public school academy shall receive as its prorated share of the
full-time equated membership for each of those pupils an amount
equal to 1 times the product of the hours of instruction the public
school academy provides divided by the number of hours specified in
subdivision (q) for full-time equivalency, and the remainder of the
full-time membership for each of those pupils shall be allocated to
the district or intermediate district providing the remainder of
the hours of instruction.
(ii) If the public school academy provides instruction for less
than 1/2 of the class hours specified in subdivision (q), the
district or intermediate district providing the remainder of the
hours of instruction shall receive as its prorated share of the
full-time equated membership for each of those pupils an amount
equal to 1 times the product of the hours of instruction the
district or intermediate district provides divided by the number of
hours specified in subdivision (q) for full-time equivalency, and
the remainder of the full-time membership for each of those pupils
shall be allocated to the public school academy.
(o) An individual less than 16 years of age as of September 1
of the current school year who is being educated in an alternative
education program shall not be counted in membership if there are
also adult education participants being educated in the same
program or classroom.
(p) The department shall give a uniform interpretation of
full-time and part-time memberships.
(q) The number of class hours used to calculate full-time
equated memberships shall be consistent with section 101(3). In
determining full-time equated memberships for pupils who are
enrolled in a postsecondary institution, a pupil shall not be
considered to be less than a full-time equated pupil solely because
of the effect of his or her postsecondary enrollment, including
necessary travel time, on the number of class hours provided by the
district to the pupil.
(r) Full-time equated memberships for pupils in kindergarten
shall be determined by dividing the number of class hours scheduled
and provided per year per kindergarten pupil by a number equal to
1/2 the number used for determining full-time equated memberships
for pupils in grades 1 to 12. However,
beginning in 2006-2007, if a
pupil is eligible to enroll in
kindergarten but is enrolled in a
prekindergarten, developmental
kindergarten, or similar class, the
pupil shall not be counted as a
pupil in membership, and the costs
associated with educating the pupil
shall instead be reported and
reimbursed under section 31b.
(s) For a district, university school, or public school
academy that has pupils enrolled in a grade level that was not
offered by the district, university school, or public school
academy in the immediately preceding school year, the number of
pupils enrolled in that grade level to be counted in membership is
the average of the number of those pupils enrolled and in regular
daily attendance on the pupil membership count day and the
supplemental count day of the current school year, as determined by
the department. Membership shall be calculated by adding the number
of pupils registered for attendance in that grade level on the
pupil membership count day plus pupils received by transfer and
minus pupils lost as defined by rules promulgated by the
superintendent, and as corrected by subsequent department audit,
plus the final audited count from the supplemental count day for
the current school year, and dividing that sum by 2.
(t) A pupil enrolled in a cooperative education program may be
counted in membership in the pupil's district of residence with the
written approval of all parties to the cooperative agreement.
(u) If, as a result of a disciplinary action, a district
determines through the district's alternative or disciplinary
education program that the best instructional placement for a pupil
is in the pupil's home OR OTHERWISE APART FROM THE GENERAL SCHOOL
POPULATION, if that placement is authorized in writing by the
district superintendent and district alternative or disciplinary
education supervisor, and if the district provides appropriate
instruction as described in this subdivision to the pupil at the
pupil's home OR OTHERWISE APART FROM THE GENERAL SCHOOL POPULATION,
the district may count the pupil in membership on a pro rata basis,
with the proration based on the number of hours of instruction the
district actually provides to the pupil divided by the number of
hours specified in subdivision (q) for full-time equivalency. For
the purposes of this subdivision, a district shall be considered to
be providing appropriate instruction if all of the following are
met:
(i) The district provides at least 2 nonconsecutive hours of
instruction per week to the pupil at the pupil's home OR OTHERWISE
APART FROM THE GENERAL SCHOOL POPULATION under the supervision of a
certificated teacher.
(ii) The district provides instructional materials, resources,
and supplies, except computers, that are comparable to those
otherwise provided in the district's alternative education program.
(iii) Course content is comparable to that in the district's
alternative education program.
(iv) Credit earned is awarded to the pupil and placed on the
pupil's transcript.
(v) A pupil enrolled in an alternative or disciplinary
education program described in section 25 shall be counted in
membership in the district or public school academy that expelled
the pupil.
(w) If a pupil was enrolled in a public school academy on the
pupil membership count day, if the public school academy's contract
with its authorizing body is revoked or the public school academy
otherwise ceases to operate, and if the pupil enrolls in a district
within 45 days after the pupil membership count day, the department
shall adjust the district's pupil count for the pupil membership
count day to include the pupil in the count.
(x) For a public school academy that has been in operation for
at least 2 years and that suspended operations for at least 1
semester and is resuming operations, membership is the sum of the
product of .75 times the number of full-time equated pupils in
grades K to 12 actually enrolled and in regular daily attendance on
the first pupil membership count day or supplemental count day,
whichever is first, occurring after operations resume, plus the
product of .25 times the final audited count from the most recent
pupil membership count day or supplemental count day that occurred
before suspending operations, as determined by the superintendent.
(y) If a district's membership for a particular fiscal year,
as otherwise calculated under this subsection, would be less than
1,550 pupils and the district has 4.5 or fewer pupils per square
mile, as determined by the department, and if the district does not
receive funding under section 22d, the district's membership shall
be considered to be the membership figure calculated under this
subdivision. If a district educates and counts in its membership
pupils in grades 9 to 12 who reside in a contiguous district that
does not operate grades 9 to 12 and if 1 or both of the affected
districts request the department to use the determination allowed
under this sentence, the department shall include the square
mileage of both districts in determining the number of pupils per
square mile for each of the districts for the purposes of this
subdivision. The membership figure calculated under this
subdivision is the greater of the following:
(i) The average of the district's membership for the 3-fiscal-
year period ending with that fiscal year, calculated by adding the
district's actual membership for each of those 3 fiscal years, as
otherwise calculated under this subsection, and dividing the sum of
those 3 membership figures by 3.
(ii) The district's actual membership for that fiscal year as
otherwise calculated under this subsection.
(z) If a public school academy that is not in its first or
second year of operation closes at the end of a school year and
does not reopen for the next school year, the department shall
adjust the membership count of the district in which a former pupil
of the public school academy enrolls and is in regular daily
attendance for the next school year to ensure that the district
receives the same amount of membership aid for the pupil as if the
pupil were counted in the district on the supplemental count day of
the preceding school year.
(aa)
For 2005-2006 only, if a pupil who has been evacuated
from another state and has relocated
in this state due to a natural
disaster enrolls in a district
within 60 days after the pupil
membership count day, the department
shall adjust the district's
pupil count for the pupil membership
count day to include the pupil
in the count.
(AA) (bb)
Full-time equated memberships for preprimary-aged
special education pupils who are not enrolled in kindergarten but
are enrolled in a classroom program under R 340.1754 of the
Michigan administrative code shall be determined by dividing the
number of class hours scheduled and provided per year by 450. Full-
time equated memberships for preprimary-aged special education
pupils who are not enrolled in kindergarten but are receiving
nonclassroom services under R 340.1755 of the Michigan
administrative code shall be determined by dividing the number of
hours of service scheduled and provided per year per pupil by 180.
(BB)
(cc) Full-time equated memberships for pupils enrolled in
a public school academy that is wholly contained within a county
juvenile detention facility shall be considered to be the average
daily attendance of pupils enrolled in the public school academy
for the immediately preceding fiscal year, as reported by the
public school academy and audited by the intermediate district in
which the public school academy is located. However, if a public
school academy described in this subdivision does not provide
definitive information to the auditing intermediate district to
support the pupil memberships generated by average daily
attendance, then full-time equated memberships for pupils enrolled
in that public school academy shall be calculated as otherwise
provided under this subsection.
(5) "Public school academy" means a public school academy,
urban high school academy, or strict discipline academy operating
under the revised school code.
(6) "Pupil" means a person in membership in a public school. A
district must have the approval of the pupil's district of
residence to count the pupil in membership, except approval by the
pupil's district of residence is not required for any of the
following:
(a) A nonpublic part-time pupil enrolled in grades 1 to 12 in
accordance with section 166b.
(b) A pupil receiving 1/2 or less of his or her instruction in
a district other than the pupil's district of residence.
(c) A pupil enrolled in a public school academy or university
school.
(d) A pupil enrolled in a district other than the pupil's
district of residence under an intermediate district schools of
choice pilot program as described in section 91a or former section
91 if the intermediate district and its constituent districts have
been exempted from section 105.
(e) A pupil enrolled in a district other than the pupil's
district of residence if the pupil is enrolled in accordance with
section 105 or 105c.
(f) A pupil who has made an official written complaint or
whose parent or legal guardian has made an official written
complaint to law enforcement officials and to school officials of
the pupil's district of residence that the pupil has been the
victim of a criminal sexual assault or other serious assault, if
the official complaint either indicates that the assault occurred
at school or that the assault was committed by 1 or more other
pupils enrolled in the school the pupil would otherwise attend in
the district of residence or by an employee of the district of
residence. A person who intentionally makes a false report of a
crime to law enforcement officials for the purposes of this
subdivision is subject to section 411a of the Michigan penal code,
1931 PA 328, MCL 750.411a, which provides criminal penalties for
that conduct. As used in this subdivision:
(i) "At school" means in a classroom, elsewhere on school
premises, on a school bus or other school-related vehicle, or at a
school-sponsored activity or event whether or not it is held on
school premises.
(ii) "Serious assault" means an act that constitutes a felony
violation of chapter XI of the Michigan penal code, 1931 PA 328,
MCL 750.81 to 750.90g, or that constitutes an assault and
infliction of serious or aggravated injury under section 81a of the
Michigan penal code, 1931 PA 328, MCL 750.81a.
(g) A pupil whose district of residence changed after the
pupil membership count day and before the supplemental count day
and who continues to be enrolled on the supplemental count day as a
nonresident in the district in which he or she was enrolled as a
resident on the pupil membership count day of the same school year.
(h) A pupil enrolled in an alternative education program
operated by a district other than his or her district of residence
who meets 1 or more of the following:
(i) The pupil has been suspended or expelled from his or her
district of residence for any reason, including, but not limited
to, a suspension or expulsion under section 1310, 1311, or 1311a of
the revised school code, MCL 380.1310, 380.1311, and 380.1311a.
(ii) The pupil had previously dropped out of school.
(iii) The pupil is pregnant or is a parent.
(iv) The pupil has been referred to the program by a court.
(i) A pupil enrolled in the Michigan virtual high school, for
the pupil's enrollment in the Michigan virtual high school.
(j) A pupil who is the child of a person who is employed by
the district. As used in this subdivision, "child" includes an
adopted child, STEPCHILD, or legal ward. However, if a district
that is not a first class district educates pupils who reside in a
first class district and if the primary instructional site for
those pupils is located within the boundaries of the first class
district, the educating district must have the approval of the
first class district to count those pupils in membership. As used
in this subsection, "first class district" means a district
organized as a school district of the first class under the revised
school code.
(7) "Pupil membership count day" of a district or intermediate
district means:
(a) Except as provided in subdivision (b), the fourth
Wednesday in September each school
year. FOLLOWING LABOR DAY EACH
SCHOOL YEAR OR, FOR A DISTRICT OR BUILDING THAT IS NOT IN SESSION
ON THAT DAY, WITH THE APPROVAL OF THE STATE SUPERINTENDENT OF
PUBLIC INSTRUCTION, THE IMMEDIATELY FOLLOWING DAY ON WHICH THE
DISTRICT OR BUILDING IS IN SESSION.
(b) For a district or intermediate district maintaining school
during the entire school year, the following days:
(i) Fourth Wednesday in July.
(ii) Fourth Wednesday in
September. FOLLOWING LABOR DAY.
(iii) Second Wednesday in February.
(iv) Fourth Wednesday in April.
(8) "Pupils in grades K to 12 actually enrolled and in regular
daily attendance" means pupils in grades K to 12 in attendance and
receiving instruction in all classes for which they are enrolled on
the pupil membership count day or the supplemental count day, as
applicable. Except as otherwise provided in this subsection, a
pupil who is absent from any of the classes in which the pupil is
enrolled on the pupil membership count day or supplemental count
day and who does not attend each of those classes during the 10
consecutive school days immediately following the pupil membership
count day or supplemental count day, except for a pupil who has
been excused by the district, shall not be counted as 1.0 full-time
equated membership. A pupil who is excused from attendance on the
pupil membership count day or supplemental count day and who fails
to attend each of the classes in which the pupil is enrolled within
30 calendar days after the pupil membership count day or
supplemental count day shall not be counted as 1.0 full-time
equated membership. In addition, a pupil who was enrolled and in
attendance in a district, intermediate district, or public school
academy before the pupil membership count day or supplemental count
day of a particular year but was expelled OR SUSPENDED on the pupil
membership count day or supplemental count day shall only be
counted as 1.0 full-time equated membership if the pupil resumed
attendance in the district, intermediate district, or public school
academy within 45 days after the pupil membership count day or
supplemental count day OF THAT PARTICULAR YEAR. Pupils not counted
as 1.0 full-time equated membership due to an absence from a class
shall be counted as a prorated membership for the classes the pupil
attended. For purposes of this subsection, "class" means a period
of time in 1 day when pupils and a certificated teacher or legally
qualified substitute teacher are together and instruction is taking
place.
(9) "Rule" means a rule promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(10) "The revised school code" means 1976 PA 451, MCL 380.1 to
380.1852.
(11) "School fiscal year" means a fiscal year that commences
July 1 and continues through June 30.
(12) "State board" means the state board of education.
(13) "Superintendent", unless the context clearly refers to a
district or intermediate district superintendent, means the
superintendent of public instruction described in section 3 of
article VIII of the state constitution of 1963.
(14) "Supplemental count day" means the day on which the
supplemental pupil count is conducted under section 6a.
(15) "Tuition pupil" means a pupil of school age attending
school in a district other than the pupil's district of residence
for whom tuition may be charged. Tuition pupil does not include a
pupil who is a special education pupil or a pupil described in
subsection (6)(d) to (j). A pupil's district of residence shall not
require a high school tuition pupil, as provided under section 111,
to attend another school district after the pupil has been assigned
to a school district.
(16) "State school aid fund" means the state school aid fund
established in section 11 of article IX of the state constitution
of 1963.
(17) "Taxable value" means the taxable value of property as
determined under section 27a of the general property tax act, 1893
PA 206, MCL 211.27a.
(18) "Textbook" means a book that is selected and approved by
the governing board of a district and that contains a presentation
of principles of a subject, or that is a literary work relevant to
the study of a subject required for the use of classroom pupils, or
another type of course material that forms the basis of classroom
instruction.
(19) "Total state aid" or "total state school aid" means the
total combined amount of all funds due to a district, intermediate
district, or other entity under all of the provisions of this act.
(20) "University school" means an instructional program
operated by a public university under section 23 that meets the
requirements of section 23.
Sec.
11. (1) For the fiscal year ending September 30, 2005,
there is appropriated for the public
schools of this state and
certain other state purposes
relating to education the sum of
$10,907,222,200.00 from the state
school aid fund established by
section 11 of article IX of the
state constitution of 1963, the sum
of $41,100,000.00 from the proceeds
of capitalization of the school
bond loan fund revolving fund, and
the sum of $165,200,000.00 from
the general fund. For the fiscal
year ending September 30, 2006,
there is appropriated for the public schools of this state and
certain other state purposes relating to education the sum of
$11,257,600,000.00 $11,247,363,200.00
from the state school aid
fund established by section 11 of article IX of the state
constitution of 1963, the sum of $44,500,000.00 from the proceeds
of capitalization of the school bond loan fund revolving fund, and
the sum of $62,714,000.00 from the general fund. For the fiscal
year ending September 30, 2007, there is appropriated for the
public schools of this state and certain other state purposes
relating to education the sum of $11,671,277,800.00 from the state
school aid fund established by section 11 of article IX of the
state constitution of 1963 and the sum of $35,000,000.00 from the
general fund. In addition, available federal funds are appropriated
for each fiscal year.
(2) The appropriations under this section shall be allocated
as provided in this act. Money appropriated under this section from
the general fund shall be expended to fund the purposes of this act
before the expenditure of money appropriated under this section
from the state school aid fund. If the maximum amount appropriated
under this section from the state school aid fund for a fiscal year
exceeds the amount necessary to fully fund allocations under this
act from the state school aid fund, that excess amount shall not be
expended in that state fiscal year and shall not lapse to the
general fund, but instead shall be deposited into the school aid
stabilization fund created in section 11a.
(3) If the maximum amount appropriated under this section from
the state school aid fund and the school aid stabilization fund for
a fiscal year exceeds the amount available for expenditure from the
state school aid fund for that fiscal year, payments under sections
11f, 11g, 11j, 22a, 26a, 26b, 31d, 31F, 51a(2), 51a(12), 51c, 53a,
and 56 shall be made in full. In addition, for districts beginning
operations after 1994-95 that qualify for payments under section
22b, payments under section 22b shall be made so that the
qualifying districts receive the lesser of an amount equal to the
1994-95 foundation allowance of the district in which the district
beginning operations after 1994-95 is located or $5,500.00. The
amount of the payment to be made under section 22b for these
qualifying districts shall be as calculated under section 22a, with
the balance of the payment under section 22b being subject to the
proration otherwise provided under this subsection and subsection
(4). If proration is necessary after
2002-2003, state payments
under each of the other sections of this act from all state funding
sources shall be prorated in the manner prescribed in subsection
(4) as necessary to reflect the amount available for expenditure
from the state school aid fund for the affected fiscal year.
However, if the department of treasury determines that proration
will be required under this subsection, or if the department of
treasury determines that further proration is required under this
subsection after an initial proration has already been made for a
fiscal year, the department of treasury shall notify the state
budget director, and the state budget director shall notify the
legislature at least 30 calendar days or 6 legislative session
days, whichever is more, before the department reduces any payments
under this act because of the proration. During the 30 calendar day
or 6 legislative session day period after that notification by the
state budget director, the department shall not reduce any payments
under this act because of proration under this subsection. The
legislature may prevent proration from occurring by, within the 30
calendar day or 6 legislative session day period after that
notification by the state budget director, enacting legislation
appropriating additional funds from the general fund,
countercyclical budget and economic stabilization fund, state
school aid fund balance, or another source to fund the amount of
the projected shortfall.
(4) If proration is necessary, the department shall calculate
the proration in district and intermediate district payments that
is required under subsection (3) as follows:
(a) The department shall calculate the percentage of total
state school aid allocated under this act for the affected fiscal
year for each of the following:
(i) Districts.
(ii) Intermediate districts.
(iii) Entities other than districts or intermediate districts.
(b) The department shall recover a percentage of the proration
amount required under subsection (3) that is equal to the
percentage calculated under subdivision (a)(i) for districts by
reducing payments to districts. This reduction shall be made by
calculating an equal dollar amount per pupil as necessary to
recover this percentage of the proration amount and reducing each
district's total state school aid from state sources, other than
payments under sections 11f, 11g, 11j, 22a, 26a, 26b, 31d, 31F,
51a(2), 51a(12), 51c, and 53a, by that amount.
(c) The department shall recover a percentage of the proration
amount required under subsection (3) that is equal to the
percentage calculated under subdivision (a)(ii) for intermediate
districts by reducing payments to intermediate districts. This
reduction shall be made by reducing the payments to each
intermediate district, other than payments under sections 11f, 11g,
26a, 26b, 51a(2), 51a(12), 53a, and 56, on an equal percentage
basis.
(d) The department shall recover a percentage of the proration
amount required under subsection (3) that is equal to the
percentage calculated under subdivision (a)(iii) for entities other
than districts and intermediate districts by reducing payments to
these entities. This reduction shall be made by reducing the
payments to each of these entities, other than payments under
sections 11j, 26a, and 26b, on an equal percentage basis.
(5) Except for the allocation under section 26a, any general
fund allocations under this act that are not expended by the end of
the state fiscal year are transferred to the school aid
stabilization fund created under section 11a.
Sec. 11a. (1) The school aid stabilization fund is created as
a separate account within the state school aid fund established by
section 11 of article IX of the state constitution of 1963.
(2) The state treasurer may receive money or other assets from
any source for deposit into the school aid stabilization fund. The
state treasurer shall deposit into the school aid stabilization
fund all of the following:
(a) Unexpended and unencumbered state school aid fund revenue
for a fiscal year that remains in the state school aid fund as of
the bookclosing for that fiscal year.
(b) Money statutorily dedicated to the school aid
stabilization fund.
(c) Money appropriated to the school aid stabilization fund.
(3) Money available in the school aid stabilization fund may
not be expended without a specific appropriation from the school
aid stabilization fund. Money in the school aid stabilization fund
shall be expended only for purposes for which state school aid fund
money may be expended.
(4) The state treasurer shall direct the investment of the
school aid stabilization fund. The state treasurer shall credit to
the school aid stabilization fund interest and earnings from fund
investments.
(5) Money in the school aid stabilization fund at the close of
a fiscal year shall remain in the school aid stabilization fund and
shall not lapse to the unreserved school aid fund balance or the
general fund.
(6) If the maximum amount appropriated under section 11 from
the state school aid fund for a fiscal year exceeds the amount
available for expenditure from the state school aid fund for that
fiscal year, there is appropriated from the school aid
stabilization fund to the state school aid fund an amount equal to
the projected shortfall as determined by the department of
treasury, but not to exceed available money in the school aid
stabilization fund. If the money in the school aid stabilization
fund is insufficient to fully fund an amount equal to the projected
shortfall, the state budget director shall notify the legislature
as required under section 11(3) and state payments in an amount
equal to the remainder of the projected shortfall shall be prorated
in the manner provided under section 11(4).
(7)
Each school fiscal year for 2004-2005 and for 2005-2006
FOR 2006-2007, there is transferred
APPROPRIATED from the school
aid stabilization fund to the state school aid fund the amount
necessary to fully fund the allocations under this act.
Sec. 11f. (1) From the appropriations under section 11, there
is allocated for the purposes of this section an amount not to
exceed $32,000,000.00 for the fiscal
year ending September 30, 2006
2007 and for each succeeding fiscal year through the fiscal year
ending September 30, 2008. Payments under this section will cease
after September 30, 2008. These allocations are for paying the
amounts described in subsection (4) to districts and intermediate
districts, other than those receiving a lump sum payment under
subsection (2), that were not plaintiffs in the consolidated cases
known as Durant v State of Michigan, Michigan supreme court docket
no. 104458-104492 and that, on or before March 2, 1998, submitted
to the state treasurer a board resolution waiving any right or
interest the district or intermediate district has or may have in
any claim or litigation based on or arising out of any claim or
potential claim through September 30, 1997 that is or was similar
to the claims asserted by the plaintiffs in the consolidated cases
known as Durant v State of Michigan. The waiver resolution shall be
in form and substance as required under subsection (7). The state
treasurer is authorized to accept such a waiver resolution on
behalf of this state. The amounts described in this subsection
represent offers of settlement and compromise of any claim or
claims that were or could have been asserted by these districts and
intermediate districts, as described in this subsection.
(2) In addition to any other money appropriated under this
act, there was appropriated from the state school aid fund an
amount not to exceed $1,700,000.00 for the fiscal year ending
September 30, 1999. This appropriation was for paying the amounts
described in this subsection to districts and intermediate
districts that were not plaintiffs in the consolidated cases known
as Durant v State of Michigan; that, on or before March 2, 1998,
submitted to the state treasurer a board resolution waiving any
right or interest the district or intermediate district had or may
have had in any claim or litigation based on or arising out of any
claim or potential claim through September 30, 1997 that is or was
similar to the claims asserted by the plaintiffs in the
consolidated cases known as Durant v State of Michigan; and for
which the total amount listed in section 11h and paid under this
section was less than $75,000.00. For a district or intermediate
district qualifying for a payment under this subsection, the entire
amount listed for the district or intermediate district in section
11h was paid in a lump sum on November 15, 1998 or on the next
business day following that date. The amounts paid under this
subsection represent offers of settlement and compromise of any
claim or claims that were or could have been asserted by these
districts and intermediate districts, as described in this
subsection.
(3) This section does not create any obligation or liability
of this state to any district or intermediate district that does
not submit a waiver resolution described in this section. This
section, any other provision of this act, and section 353e of the
management and budget act, 1984 PA 431, MCL 18.1353e, are not
intended to admit liability or waive any defense that is or would
be available to this state or its agencies, employees, or agents in
any litigation or future litigation with a district or intermediate
district.
(4) The amount paid each fiscal year to each district or
intermediate district under subsection (1) shall be 1/20 of the
total amount listed in section 11h for each listed district or
intermediate district that qualifies for a payment under subsection
(1). The amounts listed in section 11h and paid in part under this
subsection and in a lump sum under subsection (2) are offers of
settlement and compromise to each of these districts or
intermediate districts to resolve, in their entirety, any claim or
claims that these districts or intermediate districts may have
asserted for violations of section 29 of article IX of the state
constitution of 1963 through September 30, 1997, which claims are
or were similar to the claims asserted by the plaintiffs in the
consolidated cases known as Durant v State of Michigan. This
section, any other provision of this act, and section 353e of the
management and budget act, 1984 PA 431, MCL 18.1353e, shall not be
construed to constitute an admission of liability to the districts
or intermediate districts listed in section 11h or a waiver of any
defense that is or would have been available to the state or its
agencies, employees, or agents in any litigation or future
litigation with a district or intermediate district.
(5) The entire amount of each payment under subsection (1)
each fiscal year shall be paid on November 15 of the applicable
fiscal year or on the next business day following that date.
(6) Funds paid to a district or intermediate district under
this section shall be used only for textbooks, electronic
instructional material, software, technology, infrastructure or
infrastructure improvements, school buses, school security,
training for technology, or to pay debt service on voter-approved
bonds issued by the district or intermediate district before the
effective date of this section. For intermediate districts only,
funds paid under this section may also be used for other
nonrecurring instructional expenditures including, but not limited
to, nonrecurring instructional expenditures for vocational
education, or for debt service for acquisition of technology for
academic support services. Funds received by an intermediate
district under this section may be used for projects conducted for
the benefit of its constituent districts at the discretion of the
intermediate board. To the extent payments under this section are
used by a district or intermediate district to pay debt service on
debt payable from millage revenues, and to the extent permitted by
law, the district or intermediate district may make a corresponding
reduction in the number of mills levied for that debt service.
(7) The resolution to be adopted and submitted by a district
or intermediate district under this section and section 11g shall
read as follows:
"Whereas, the board of ____________________ (name of district
or intermediate district) desires to settle and compromise, in
their entirety, any claim or claims that the district (or
intermediate district) has or had for violations of section 29 of
article IX of the state constitution of 1963, which claim or claims
are or were similar to the claims asserted by the plaintiffs in the
consolidated cases known as Durant v State of Michigan, Michigan
supreme court docket no. 104458-104492.
Whereas, the district (or intermediate district) agrees to
settle and compromise these claims for the consideration described
in sections 11f and 11g of the state school aid act of 1979, 1979
PA 94, MCL 388.1611f and 388.1611g, and in the amount specified for
the district (or intermediate district) in section 11h of the state
school aid act of 1979, 1979 PA 94, MCL 388.1611h.
Whereas, the board of _______________ (name of district or
intermediate district) is authorized to adopt this resolution.
Now, therefore, be it resolved as follows:
1. The board of ____________________ (name of district or
intermediate district) waives any right or interest it may have in
any claim or potential claim through September 30, 1997 relating to
the amount of funding the district or intermediate district is, or
may have been, entitled to receive under the state school aid act
of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, or any other source
of state funding, by reason of the application of section 29 of
article IX of the state constitution of 1963, which claims or
potential claims are or were similar to the claims asserted by the
plaintiffs in the consolidated cases known as Durant v State of
Michigan, Michigan supreme court docket no. 104458-104492.
2. The board of ____________________ (name of district or
intermediate district) directs its secretary to submit a certified
copy of this resolution to the state treasurer no later than 5 p.m.
eastern standard time on March 2, 1998, and agrees that it will not
take any action to amend or rescind this resolution.
3. The board of ____________________ (name of district or
intermediate district) expressly agrees and understands that, if it
takes any action to amend or rescind this resolution, the state,
its agencies, employees, and agents shall have available to them
any privilege, immunity, and/or defense that would otherwise have
been available had the claims or potential claims been actually
litigated in any forum.
4. This resolution is contingent on continued payments by the
state each fiscal year as determined under sections 11f and 11g of
the state school aid act of 1979, 1979 PA 94, MCL 388.1611f and
388.1611g. However, this resolution shall be an irrevocable waiver
of any claim to amounts actually received by the school district or
intermediate school district under sections 11f and 11g of the
state school aid act of 1979."
Sec.
11g. (1) From the general fund appropriation in section
11, there is allocated for this section an amount not to exceed
$34,961,000.00 for the fiscal year
ending September 30, 2006 2007.
There is allocated for this section an amount not to exceed
$35,000,000.00 for each succeeding fiscal year through the fiscal
year ending September 30, 2013. Payments under this section will
cease after September 30, 2013. These allocations are for paying
the amounts described in subsection (3) to districts and
intermediate districts, other than those receiving a lump sum
payment under section 11f(2), that were not plaintiffs in the
consolidated cases known as Durant v State of Michigan, Michigan
supreme court docket no. 104458-104492 and that, on or before March
2, 1998, submitted to the state treasurer a waiver resolution
described in section 11f. The amounts paid under this section
represent offers of settlement and compromise of any claim or
claims that were or could have been asserted by these districts and
intermediate districts, as described in this section.
(2) This section does not create any obligation or liability
of this state to any district or intermediate district that does
not submit a waiver resolution described in section 11f. This
section, any other provision of this act, and section 353e of the
management and budget act, 1984 PA 431, MCL 18.1353e, are not
intended to admit liability or waive any defense that is or would
be available to this state or its agencies, employees, or agents in
any litigation or future litigation with a district or intermediate
district regarding these claims or potential claims.
(3) The amount paid each fiscal year to each district or
intermediate district under this section shall be the sum of the
following:
(a) 1/30 of the total amount listed in section 11h for the
district or intermediate district.
(b) If the district or intermediate district borrows money and
issues bonds under section 11i, an additional amount in each fiscal
year calculated by the department of treasury that, when added to
the amount described in subdivision (a), will cause the net present
value as of November 15, 1998 of the total of the 15 annual
payments made to the district or intermediate district under this
section, discounted at a rate as determined by the state treasurer,
to equal the amount of the bonds issued by that district or
intermediate district under section 11i and that will result in the
total payments made to all districts and intermediate districts in
each fiscal year under this section being no more than the amount
appropriated under this section in each fiscal year.
(4) The entire amount of each payment under this section each
fiscal year shall be paid on May 15 of the applicable fiscal year
or on the next business day following that date. If a district or
intermediate district borrows money and issues bonds under section
11i, the district or intermediate district shall use funds received
under this section to pay debt service on bonds issued under
section 11i. If a district or intermediate district does not borrow
money and issue bonds under section 11i, the district or
intermediate district shall use funds received under this section
only for the following purposes, in the following order of
priority:
(a) First, to pay debt service on voter-approved bonds issued
by the district or intermediate district before the effective date
of this section.
(b) Second, to pay debt service on other limited tax
obligations.
(c) Third, for deposit into a sinking fund established by the
district or intermediate district under the revised school code.
(5) To the extent payments under this section are used by a
district or intermediate district to pay debt service on debt
payable from millage revenues, and to the extent permitted by law,
the district or intermediate district may make a corresponding
reduction in the number of mills levied for debt service.
(6) A district or intermediate district may pledge or assign
payments under this section as security for bonds issued under
section 11i, but shall not otherwise pledge or assign payments
under this section.
Sec.
11j. From the appropriation in section 11 from the
proceeds of capitalization of the
school bond loan fund revolving
fund, there is allocated an
amount not to exceed $41,100,000.00 for
2004-2005, and there is allocated an
amount not to exceed
$44,500,000.00 $48,000,000.00
for 2005-2006, 2006-2007, for
payments to the school loan bond redemption fund in the department
of treasury on behalf of districts and intermediate districts.
Notwithstanding section 11 or any other provision of this act,
funds allocated under this section are not subject to proration and
shall be paid in full.
Sec.
11k. For 2004-2005 and 2005-2006 AND 2006-2007, there is
appropriated from the general fund to the school loan revolving
fund an amount equal to the amount of school bond loans assigned to
the Michigan municipal bond authority, not to exceed the total
amount of school bond loans held in reserve as long-term assets. As
used in this section, "school loan revolving fund" means that fund
created in section 16c of the shared credit rating act, 1985 PA
227, MCL 141.1066c.
Sec.
14. If the returns DATA from an intermediate district or
district upon which a statement of the amount to be disbursed or
paid are DEEMED TO BE defective OR INCOMPLETE, making it
impracticable to ascertain the apportionment to be disbursed or
paid, the department shall withhold the amount of the apportionment
that cannot be ascertained until the department is able to
ascertain by the best evidence available the facts upon which the
ratio and amount of the apportionment depend, and then shall make
the apportionment accordingly.
Sec. 15. (1) If a district or intermediate district fails to
receive its proper apportionment, the department, upon satisfactory
proof that the district or intermediate district was entitled
justly, shall apportion the deficiency in the next apportionment.
Subject to subsections (2) and (3), if a district or intermediate
district has received more than its proper apportionment, the
department, upon satisfactory proof, shall deduct the excess in the
next apportionment. Notwithstanding any other provision in this
act, state aid overpayments to a district, other than overpayments
in payments for special education or special education
transportation, may be recovered from any payment made under this
act other than a special education or special education
transportation payment. State aid overpayments made in special
education or special education transportation payments may be
recovered from subsequent special education or special education
transportation payments.
(2) If the result of an audit conducted by or for the
department affects the current fiscal year membership, affected
payments shall be adjusted in the current fiscal year. A deduction
due to an adjustment made as a result of an audit conducted by or
for the department, or as a result of information obtained by the
department from the district, an intermediate district, the
department of treasury, or the office of auditor general, shall be
deducted from the district's apportionments within the next fiscal
year after the fiscal year in which the adjustment is finalized. At
the request of the district and upon the district presenting
evidence satisfactory to the department of the hardship, the
department may grant up to an additional 4 years for the adjustment
if the district would otherwise experience a significant hardship.
(3) If, because of the receipt of new or updated data, the
department determines during a fiscal year that the amount paid to
a district or intermediate district under this act for a prior
fiscal year was incorrect under the law in effect for that year,
the department may make the appropriate deduction or payment in the
district's or intermediate district's allocation for the fiscal
year in which the determination is made. The deduction or payment
shall be calculated according to the law in effect in the fiscal
year in which the improper amount was paid.
(4) Expenditures made by the department under this act that
are caused by the write-off of prior year accruals may be funded by
revenue from the write-off of prior year accruals.
(5) In addition to funds appropriated in section 11 for all
programs and services, there is appropriated each fiscal year for
2004-2005 and 2005-2006 AND
2006-2007 for prior year obligations in
excess of applicable prior year
appropriations, an amount equal to
the collection of prior year
overpayments, but not to exceed
amounts available from prior year
overpayments.
Sec. 17a. (1) The department may withhold all or part of any
payment that a district or intermediate district is entitled to
receive under this act to the extent the withholdings are a
component part of a plan, developed and implemented pursuant to the
revised municipal finance act, 2001 PA 34, MCL 141.2101 to
141.2821, or other statutory authority, for financing an
outstanding obligation upon which the district or intermediate
district defaulted. Amounts withheld shall be used to pay, on
behalf of the district or intermediate district, unpaid amounts or
subsequently due amounts, or both, of principal and interest on the
outstanding obligation upon which the district or intermediate
district defaulted.
(2) The state treasurer may withhold all or part of any
payment that a district or intermediate district is entitled to
receive under this act to the extent authorized or required under
section 15 of the school bond qualification, approval, and loan
act, 2005 PA 92, MCL 388.1935.
(3) Under an agreement entered into by a district or
intermediate district assigning all or a portion of the payment
that it is eligible to receive under this act to the Michigan
municipal bond authority or to the trustee of a pooled arrangement
or pledging the amount for payment of an obligation it incurred
with the Michigan municipal bond authority or with the trustee of a
pooled arrangement, the state treasurer shall transmit to the
Michigan municipal bond authority or a trustee designated by the
authority or to the trustee of a pooled arrangement the amount of
the payment that is assigned or pledged under the agreement.
Notwithstanding the payment dates prescribed by this act for
distributions under this act, the state treasurer may advance all
or part of a payment that is dedicated for distribution or for
which the appropriation authorizing the payment has been made if
and to the extent, under the terms of an agreement entered into by
a district or intermediate district and the Michigan municipal bond
authority, the payment that the district or intermediate district
is eligible to receive has been assigned to or pledged for payment
of an obligation it incurred with the Michigan municipal bond
authority. This subsection does not require the state to make an
appropriation to any school district or intermediate school
district and shall not be construed as creating an indebtedness of
the state, and any agreement made pursuant to this subsection shall
contain a statement to that effect. As used in this subsection,
"trustee of a pooled arrangement" means the trustee of a trust
approved by the state treasurer and, subject to the conditions and
requirements of that approval, established for the purpose of
offering for sale, as part of a pooled arrangement, certificates
representing undivided interests in notes issued by districts or
intermediate districts under section 1225 of the revised school
code, 1976 PA 451, MCL 380.1225. If a trustee applies to the state
treasurer for approval of a trust for the purposes of this
subsection, the state treasurer shall approve or disapprove the
trust within 10 days after receipt of the application.
Sec. 17b. (1) Not later than October 20, November 20, December
20, January 20, February 20, March 20, April 20, May 20, June 20,
July 20, and August 20, the department
shall prepare a statement
ELECTRONIC FILES of the amount to be distributed under this act in
the installment to the districts and intermediate districts and
deliver the statement ELECTRONIC
FILES to the state treasurer,
and the state treasurer shall pay the installments on each of those
dates or, if the date is not a business day, on the immediately
preceding business day before that date. Except as otherwise
provided in this act, the portion of the district's or intermediate
district's state fiscal year entitlement to be included in each
installment shall be 1/11. A district or intermediate district
shall accrue the payments received in July and August to the school
fiscal year ending the immediately preceding June 30.
(2) The state treasurer shall make payment under this section
by drawing a warrant in favor of the treasurer of each district or
intermediate district for the amount payable to the district or
intermediate district according to the statement and delivering the
warrant to the treasurer of each district or intermediate district,
or if the state treasurer receives a written request by the
treasurer of the district or intermediate district specifying an
account, by electronic funds transfer to that account of the amount
payable to the district or intermediate
district according to the
statement ELECTRONIC FILES.
The department may make adjustments in
payments made under this section through additional payments when
changes in law or errors in computation cause the regularly
scheduled payment to be less than the amount to which the district
or intermediate district is entitled pursuant to this act.
(3) Except as otherwise provided in this act, grant payments
under this act shall be paid according to subsection (1).
(4) Upon the written request of a district or intermediate
district and the submission of proof satisfactory to the department
of a need of a temporary and nonrecurring nature, the
superintendent, with the written concurrence of the state treasurer
and the state budget director, may authorize an advance release of
funds due a district or intermediate district under this act. An
advance authorized under this subsection shall not cause funds to
be paid to a district or intermediate district more than 30 days
earlier than the established payment date for those funds.
Sec. 18. (1) Except as provided in another section of this
act, each district or other entity shall apply the money received
by the district or entity under this act to salaries and other
compensation of teachers and other employees, tuition,
transportation, lighting, heating, ventilation, water service, the
purchase of textbooks which are designated by the board to be used
in the schools under the board's charge, other supplies, and any
other school operating expenditures defined in section 7. However,
not more than 20% of the total amount received by a district under
article 2 or intermediate district under article 8 may be
transferred by the board to either the capital projects fund or to
the debt retirement fund for debt service. The money shall not be
applied or taken for a purpose other than as provided in this
section. The department shall determine the reasonableness of
expenditures and may withhold from a recipient of funds under this
act the apportionment otherwise due for the fiscal year following
the discovery by the department of a violation by the recipient.
(2) Within 30 days of board adoption of the annual operating
budget for the following school fiscal year, and any subsequent
revisions to that budget adopted by the board, each district and
intermediate district shall make the budget and subsequent budget
revisions available on its website in a form and manner prescribed
by the department. In the event a district does not have a website,
the district shall ensure the information described in this
subsection is available on the intermediate district’s website.
(3) (2) For the purpose of
determining the reasonableness of
expenditures and whether a violation of this act has occurred, the
department shall require that each district and intermediate
district have an audit of the district's or intermediate district's
financial and pupil accounting records conducted at least annually
at the expense of the district or intermediate district, as
applicable, by a certified public accountant or by the intermediate
district superintendent, as may be required by the department, or
in the case of a district of the first class by a certified public
accountant, the intermediate superintendent, or the auditor general
of the city. An intermediate district's annual financial audit
shall be accompanied by the intermediate district's pupil
accounting procedures report. A district's or intermediate
district's annual financial audit shall include an analysis of the
financial and pupil accounting data used as the basis for
distribution of state school aid. The pupil accounting records and
reports, audits, and management letters are subject to requirements
established in the auditing and accounting manuals approved and
published by the department. Except as otherwise provided in this
subsection, a district shall file the annual financial audit
reports with the intermediate district not later than 120 days
after the end of each school fiscal year and the intermediate
district shall forward the annual financial audit reports for its
constituent districts and for the intermediate district, and the
pupil accounting procedures report for the pupil membership count
day and supplemental count day, to the department not later than
November 15 of each year. The annual financial audit reports and
pupil accounting procedures reports shall be available to the
public in compliance with the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246. Not later than December 1 of each year,
the department shall notify the state budget director and the
legislative appropriations subcommittees responsible for review of
the school aid budget of districts and intermediate districts that
have not filed an annual financial audit and pupil accounting
procedures report required under this section for the school year
ending in the immediately preceding fiscal year.
(4) (3) By November 15 of each
year, each district and
intermediate district shall submit to the center, in a manner
prescribed by the center, annual comprehensive financial data
consistent with accounting manuals and charts of accounts approved
and published by the department. Effective with the report due on
November 15, 2006, for an intermediate district, the report shall
also contain the website address where the department can access
the report required under section 620 of the revised school code,
MCL 380.620.
(5) (4) By September 30 of each
year, each district and
intermediate district shall file with the department the special
education actual cost report, known as "SE-4096", on a form and in
the manner prescribed by the department.
(6) (5) By October 7 of each
year, each district and
intermediate district shall file with the department the
transportation expenditure report, known as "SE-4094", on a form
and in the manner prescribed by the department.
(7)
(6) Not later than July 1, 1999, the department shall
approve and publish pupil accounting
and pupil auditing manuals.
The department shall review THE PUPIL ACCOUNTING AND PUPIL AUDITING
MANUALS those manuals at
least annually and shall periodically
update those manuals to reflect changes
in this act. The pupil
accounting manuals in effect for the
1996-97 school year, including
subsequent revisions issued by the
superintendent, shall be the
interim manuals in effect until new
manuals are approved and
published. However, the
clarification of class-by-class accounting
provided in the department's April 15, 1998 memorandum on pupil
accounting procedures shall be
excluded from the interim manuals.
(8) (7) If a district that is a
public school academy
purchases property using money received under this act, the public
school academy shall retain ownership of the property unless the
public school academy sells the property at fair market value.
(9) (8) If a district or
intermediate district does not comply
with subsection (2), (3), (4), or
(5), OR (6) the department shall
withhold all state school aid due to the district or intermediate
district under this act, beginning with the next payment due to the
district or intermediate district, until the district or
intermediate district complies with
subsections (2), (3), (4), and
(5) AND (6). If the district or intermediate district does not
comply with subsections (2),
(3), (4), and (5) AND (6) by the end
of the fiscal year, the district or intermediate district forfeits
the amount withheld.
Sec. 19. (1) A district shall comply with any requirements of
sections 1204a, 1277, 1278, and 1280 of the revised school code,
MCL 380.1204a, 380.1277, 380.1278, and 380.1280, commonly referred
to as "public act 25 of 1990" that are not also required by the no
child left behind act of 2001, Public Law 107-110, as determined by
the department.
(2)
Each district and intermediate district shall provide MAKE
AVAILABLE to the department, in a form and manner prescribed by the
department, information necessary
for the development of an annual
progress report on the required
implementation of sections 1204a,
1277, 1278, and 1280 of the revised school code, MCL 380.1204a,
380.1277, 380.1278, and 380.1280, commonly referred to as "public
act 25 of 1990".
(3) A district or intermediate district shall comply with all
applicable reporting requirements specified in state and federal
law. Data provided to the center, in a form and manner prescribed
by the center, shall be aggregated and disaggregated as required by
state and federal law.
(4) Each district shall furnish to the center not later than 7
weeks after the pupil membership count day, in a manner prescribed
by the center, the information necessary for the preparation of the
district and high school graduation report. The center shall
calculate an annual graduation and pupil dropout rate for each high
school, each district, and this state, in compliance with
nationally recognized standards for these calculations. The center
shall report all graduation and dropout rates to the senate and
house education committees and appropriations committees, the state
budget director, and the department not later than 30 days after
the publication of the list described in subsection (8).
(5) By the first business day in December and by June 30 of
each year, a district shall furnish to the center, in a manner
prescribed by the center, information related to educational
personnel as necessary for reporting required by state and federal
law.
(6) By June 30 of each year, a district shall furnish to the
center, in a manner prescribed by the center, information related
to safety practices and criminal incidents as necessary for
reporting required by state and federal law.
(7) If a district or intermediate district fails to meet the
requirements of subsection (2), (3), (4), (5), or (6), the
department shall withhold 5% of the total funds for which the
district or intermediate district qualifies under this act until
the district or intermediate district complies with all of those
subsections. If the district or intermediate district does not
comply with all of those subsections by the end of the fiscal year,
the department shall place the amount withheld in an escrow account
until the district or intermediate district complies with all of
those subsections.
(8) Before publishing a list of schools or districts
determined to have failed to make adequate yearly progress as
required by the federal no child left behind act of 2001, Public
Law 107-110, the department shall allow a school or district to
appeal that determination. The department shall consider and act
upon the appeal within 30 days after it is submitted and shall not
publish the list until after all appeals have been considered and
decided.
Sec.
20. (1) For 2003-2004 and for 2004-2005, the basic
foundation allowance is $6,700.00
per membership pupil. For 2005-
2006, the basic foundation allowance is $6,875.00. FOR 2006-2007,
THE BASIC FOUNDATION ALLOWANCE IS $7,075.00 PER MEMBERSHIP PUPIL.
(2) The amount of each district's foundation allowance shall
be calculated as provided in this section, using a basic foundation
allowance in the amount specified in subsection (1).
(3) Except as otherwise provided in this section, the amount
of a district's foundation allowance shall be calculated as
follows, using in all calculations the total amount of the
district's foundation allowance as calculated before any proration:
(a) Except as otherwise provided in this subsection, for a
district that in the immediately preceding state fiscal year had a
foundation allowance in an amount at least equal to the amount of
the basic foundation allowance for the immediately preceding state
fiscal year, the district shall receive a foundation allowance in
an amount equal to the sum of the district's foundation allowance
for the immediately preceding state fiscal year plus the dollar
amount of the adjustment from the immediately preceding state
fiscal year to the current state fiscal year in the basic
foundation allowance. However, for 2002-2003, the foundation
allowance for a district under this subdivision is an amount equal
to the sum of the district's foundation allowance for the
immediately preceding state fiscal year plus $200.00.
(b) For a district that in the 1994-95 state fiscal year had a
foundation allowance greater than $6,500.00, the district's
foundation allowance is an amount equal to the sum of the
district's foundation allowance for the immediately preceding state
fiscal year plus the lesser of the increase in the basic foundation
allowance for the current state fiscal year, as compared to the
immediately preceding state fiscal year, or the product of the
district's foundation allowance for the immediately preceding state
fiscal year times the percentage increase in the United States
consumer price index in the calendar year ending in the immediately
preceding fiscal year as reported by the May revenue estimating
conference conducted under section 367b of the management and
budget act, 1984 PA 431, MCL 18.1367b. For 2002-2003, for a
district that in the 1994-95 state fiscal year had a foundation
allowance greater than $6,500.00, the district's foundation
allowance is an amount equal to the sum of the district's
foundation allowance for the immediately preceding state fiscal
year plus the lesser of $200.00 or the product of the district's
foundation allowance for the immediately preceding state fiscal
year times the percentage increase in the United States consumer
price index in the calendar year ending in the immediately
preceding fiscal year as reported by the May revenue estimating
conference conducted under section 367b of the management and
budget act, 1984 PA 431, MCL 18.1367b.
(c) For a district that has a foundation allowance that is not
a whole dollar amount, the district's foundation allowance shall be
rounded up to the nearest whole dollar.
(d) For a district that received a payment under former
section 22c for 2001-2002, the district's 2001-2002 foundation
allowance shall be considered to have been an amount equal to the
sum of the district's actual 2001-2002 foundation allowance as
otherwise calculated under this section plus the per pupil amount
of the district's equity payment for 2001-2002 under former section
22c.
(4) Except as otherwise provided in this subsection, the state
portion of a district's foundation allowance is an amount equal to
the district's foundation allowance or $6,500.00, whichever is
less, minus the difference between the product of the taxable value
per membership pupil of all property in the district that is not a
principal residence or qualified agricultural property times the
lesser of 18 mills or the number of mills of school operating taxes
levied by the district in 1993-94 and the quotient of the ad
valorem property tax revenue of the district captured under 1975 PA
197, MCL 125.1651 to 125.1681, the tax increment finance authority
act, 1980 PA 450, MCL 125.1801 to 125.1830, the local development
financing act, 1986 PA 281, MCL 125.2151 to 125.2174, or the
brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651
to 125.2672, divided by the district's membership excluding special
education pupils. For a district described in subsection (3)(b),
the state portion of the district's foundation allowance is an
amount equal to $6,962.00 plus the difference between the
district's foundation allowance for the current state fiscal year
and the district's foundation allowance for 1998-99, minus the
difference between the product of the taxable value per membership
pupil of all property in the district that is not a principal
residence or qualified agricultural property times the lesser of 18
mills or the number of mills of school operating taxes levied by
the district in 1993-94 and the quotient of the ad valorem property
tax revenue of the district captured under 1975 PA 197, MCL
125.1651 to 125.1681, the tax increment finance authority act, 1980
PA 450, MCL 125.1801 to 125.1830, the local development financing
act, 1986 PA 281, MCL 125.2151 to 125.2174, or the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672,
divided by the district's membership excluding special education
pupils. For a district that has a millage reduction required under
section 31 of article IX of the state constitution of 1963, the
state portion of the district's foundation allowance shall be
calculated as if that reduction did not occur. The $6,500.00 amount
prescribed in this subsection shall be adjusted each year by an
amount equal to the dollar amount of the difference between the
basic foundation allowance for the current state fiscal year and
$5,000.00, minus $200.00.
(5) The allocation calculated under this section for a pupil
shall be based on the foundation allowance of the pupil's district
of residence. However, for a pupil enrolled in a district other
than the pupil's district of residence, if the foundation allowance
of the pupil's district of residence has been adjusted pursuant to
subsection (19) (17), the
allocation calculated under this section
shall not include the adjustment
described in subsection (19) (17).
For a pupil enrolled pursuant to section 105 or 105c in a district
other than the pupil's district of residence, the allocation
calculated under this section shall be based on the lesser of the
foundation allowance of the pupil's district of residence or the
foundation allowance of the educating district. For a pupil in
membership in a K-5, K-6, or K-8 district who is enrolled in
another district in a grade not offered by the pupil's district of
residence, the allocation calculated under this section shall be
based on the foundation allowance of the educating district if the
educating district's foundation allowance is greater than the
foundation allowance of the pupil's district of residence. The
calculation under this subsection shall take into account a
district's per pupil allocation under section 20j(2).
(6) Subject to subsection (7) and section 22b(3) and except as
otherwise provided in this subsection, for pupils in membership,
other than special education pupils, in a public school academy or
a university school, the allocation calculated under this section
is an amount per membership pupil other than special education
pupils in the public school academy or university school equal to
the sum of the local school operating revenue per membership pupil
other than special education pupils for the district in which the
public school academy or university school is located and the state
portion of that district's foundation allowance, or the sum of the
basic foundation allowance under subsection (1) plus $300.00,
whichever is less. Notwithstanding section 101(2), for a public
school academy that begins operations after the pupil membership
count day, the amount per membership pupil calculated under this
subsection shall be adjusted by multiplying that amount per
membership pupil by the number of hours of pupil instruction
provided by the public school academy after it begins operations,
as determined by the department, divided by the minimum number of
hours of pupil instruction required under section 101(3). The
result of this calculation shall not exceed the amount per
membership pupil otherwise calculated under this subsection.
(7) If more than 25% of the pupils residing within a district
are in membership in 1 or more public school academies located in
the district, then the amount per membership pupil calculated under
this section for a public school academy located in the district
shall be reduced by an amount equal to the difference between the
product of the taxable value per membership pupil of all property
in the district that is not a principal residence or qualified
agricultural property times the lesser of 18 mills or the number of
mills of school operating taxes levied by the district in 1993-94
and the quotient of the ad valorem property tax revenue of the
district captured under 1975 PA 197, MCL 125.1651 to 125.1681, the
tax increment finance authority act, 1980 PA 450, MCL 125.1801 to
125.1830, the local development financing act, 1986 PA 281, MCL
125.2151 to 125.2174, or the brownfield redevelopment financing
act, 1996 PA 381, MCL 125.2651 to 125.2672, divided by the
district's membership excluding special education pupils, in the
school fiscal year ending in the current state fiscal year,
calculated as if the resident pupils in membership in 1 or more
public school academies located in the district were in membership
in the district. In order to receive state school aid under this
act, a district described in this subsection shall pay to the
authorizing body that is the fiscal agent for a public school
academy located in the district for forwarding to the public school
academy an amount equal to that local school operating revenue per
membership pupil for each resident pupil in membership other than
special education pupils in the public school academy, as
determined by the department.
(8) If a district does not receive an amount calculated under
subsection (9); if the number of mills the district may levy on a
principal residence and qualified agricultural property under
section 1211(1) of the revised school code, MCL 380.1211, is 0.5
mills or less; and if the district elects not to levy those mills,
the district instead shall receive a separate supplemental amount
calculated under this subsection in an amount equal to the amount
the district would have received had it levied those mills, as
determined by the department of treasury. A district shall not
receive a separate supplemental amount calculated under this
subsection for a fiscal year unless in the calendar year ending in
the fiscal year the district levies 18 mills or the number of mills
of school operating taxes levied by the district in 1993, whichever
is less, on property that is not a principal residence or qualified
agricultural property.
(9) For a district that had combined state and local revenue
per membership pupil in the 1993-94 state fiscal year of more than
$6,500.00 and that had fewer than 350 pupils in membership, if the
district elects not to reduce the number of mills from which a
principal residence and qualified agricultural property are exempt
and not to levy school operating taxes on a principal residence and
qualified agricultural property as provided in section 1211(1) of
the revised school code, MCL 380.1211, and not to levy school
operating taxes on all property as provided in section 1211(2) of
the revised school code, MCL 380.1211, there is calculated under
this subsection for 1994-95 and each succeeding fiscal year a
separate supplemental amount in an amount equal to the amount the
district would have received per membership pupil had it levied
school operating taxes on a principal residence and qualified
agricultural property at the rate authorized for the district under
section 1211(1) of the revised school code, MCL 380.1211, and
levied school operating taxes on all property at the rate
authorized for the district under section 1211(2) of the revised
school code, MCL 380.1211, as determined by the department of
treasury. If in the calendar year ending in the fiscal year a
district does not levy 18 mills or the number of mills of school
operating taxes levied by the district in 1993, whichever is less,
on property that is not a principal residence or qualified
agricultural property, the amount calculated under this subsection
will be reduced by the same percentage as the millage actually
levied compares to the 18 mills or the number of mills levied in
1993, whichever is less.
(10) Subject to subsection (4), for a district that is formed
or reconfigured after June 1, 2002 by consolidation of 2 or more
districts or by annexation, the resulting district's foundation
allowance under this section beginning after the effective date of
the consolidation or annexation shall be the average of the
foundation allowances of each of the original or affected
districts, calculated as provided in this section, weighted as to
the percentage of pupils in total membership in the resulting
district who reside in the geographic area of each of the original
or affected districts. The calculation under this subsection shall
take into account a district's per pupil allocation under section
20j(2).
(11) Each fraction used in making calculations under this
section shall be rounded to the fourth decimal place and the dollar
amount of an increase in the basic foundation allowance shall be
rounded to the nearest whole dollar.
(12) State payments related to payment of the foundation
allowance for a special education pupil are not calculated under
this section but are instead calculated under section 51a.
(13) To assist the legislature in determining the basic
foundation allowance for the subsequent state fiscal year, each
revenue estimating conference conducted under section 367b of the
management and budget act, 1984 PA 431, MCL 18.1367b, shall
calculate a pupil membership factor, a revenue adjustment factor,
and an index as follows:
(a) The pupil membership factor shall be computed by dividing
the estimated membership in the school year ending in the current
state fiscal year, excluding intermediate district membership, by
the estimated membership for the school year ending in the
subsequent state fiscal year, excluding intermediate district
membership. If a consensus membership factor is not determined at
the revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and
senate subcommittees responsible for school aid appropriations not
later than 7 days after the conclusion of the revenue conference.
(b) The revenue adjustment factor shall be computed by
dividing the sum of the estimated total state school aid fund
revenue for the subsequent state fiscal year plus the estimated
total state school aid fund revenue for the current state fiscal
year, adjusted for any change in the rate or base of a tax the
proceeds of which are deposited in that fund and excluding money
transferred into that fund from the countercyclical budget and
economic stabilization fund under section 353e of the management
and budget act, 1984 PA 431, MCL 18.1353e, by the sum of the
estimated total school aid fund revenue for the current state
fiscal year plus the estimated total state school aid fund revenue
for the immediately preceding state fiscal year, adjusted for any
change in the rate or base of a tax the proceeds of which are
deposited in that fund. If a consensus revenue factor is not
determined at the revenue estimating conference, the principals of
the revenue estimating conference shall report their estimates to
the house and senate subcommittees responsible for school aid
appropriations not later than 7 days after the conclusion of the
revenue conference.
(c) The index shall be calculated by multiplying the pupil
membership factor by the revenue
adjustment factor. However, for
2005-2006, the index shall be 1.00.
If a consensus index is not
determined at the revenue estimating conference, the principals of
the revenue estimating conference shall report their estimates to
the house and senate subcommittees responsible for school aid
appropriations not later than 7 days after the conclusion of the
revenue conference.
(14)
If the principals at the revenue estimating conference
reach a consensus on the index
described in subsection (13)(c), the
basic foundation allowance for the
subsequent state fiscal year
shall be at least the amount of that
consensus index multiplied by
the basic foundation allowance
specified in subsection (1).
(15)
If at the January revenue estimating conference it is
estimated that pupil membership,
excluding intermediate district
membership, for the subsequent state
fiscal year will be greater
than 101% of the pupil membership,
excluding intermediate district
membership, for the current state
fiscal year, then it is the
intent of the legislature that the
executive budget proposal for
the school aid budget for the
subsequent state fiscal year include
a general fund/general purpose
allocation sufficient to support the
membership in excess of 101% of the
current year pupil membership.
(14) (16) For a district that
had combined state and local
revenue per membership pupil in the 1993-94 state fiscal year of
more than $6,500.00, that had fewer than 7 pupils in membership in
the 1993-94 state fiscal year, that has at least 1 child educated
in the district in the current state fiscal year, and that levies
the number of mills of school operating taxes authorized for the
district under section 1211 of the revised school code, MCL
380.1211, a minimum amount of combined state and local revenue
shall be calculated for the district as provided under this
subsection. The minimum amount of combined state and local revenue
for 1999-2000 shall be $67,000.00 plus the district's additional
expenses to educate pupils in grades 9 to 12 educated in other
districts as determined and allowed by the department. The minimum
amount of combined state and local revenue under this subsection,
before adding the additional expenses, shall increase each fiscal
year by the same percentage increase as the percentage increase in
the basic foundation allowance from the immediately preceding
fiscal year to the current fiscal year. The state portion of the
minimum amount of combined state and local revenue under this
subsection shall be calculated by subtracting from the minimum
amount of combined state and local revenue under this subsection
the sum of the district's local school operating revenue and an
amount equal to the product of the sum of the state portion of the
district's foundation allowance plus the amount calculated under
section 20j times the district's membership. As used in this
subsection, "additional expenses" means the district's expenses for
tuition or fees, not to exceed $6,500.00 as adjusted each year by
an amount equal to the dollar amount of the difference between the
basic foundation allowance for the current state fiscal year and
$5,000.00, minus $200.00, plus a room and board stipend not to
exceed $10.00 per school day for each pupil in grades 9 to 12
educated in another district, as approved by the department.
(15) (17) For a district in
which 7.75 mills levied in 1992
for school operating purposes in the 1992-93 school year were not
renewed in 1993 for school operating purposes in the 1993-94 school
year, the district's combined state and local revenue per
membership pupil shall be recalculated as if that millage reduction
did not occur and the district's foundation allowance shall be
calculated as if its 1994-95 foundation allowance had been
calculated using that recalculated 1993-94 combined state and local
revenue per membership pupil as a base. A district is not entitled
to any retroactive payments for fiscal years before 2000-2001 due
to this subsection.
(16) (18) For a district
in which an industrial facilities
exemption certificate that abated taxes on property with a state
equalized valuation greater than the total state equalized
valuation of the district at the time the certificate was issued or
$700,000,000.00, whichever is greater, was issued under 1974 PA
198, MCL 207.551 to 207.572, before the calculation of the
district's 1994-95 foundation allowance, the district's foundation
allowance for 2002-2003 is an amount equal to the sum of the
district's foundation allowance for 2002-2003, as otherwise
calculated under this section, plus $250.00.
(17) (19) For a district that
received a grant under former
section 32e for 2001-2002, the district's foundation allowance for
2002-2003 and each succeeding fiscal year shall be adjusted to be
an amount equal to the sum of the district's foundation allowance,
as otherwise calculated under this section, plus the quotient of
100% of the amount of the grant award to the district for 2001-2002
under former section 32e divided by the number of pupils in the
district's membership for 2001-2002 who were residents of and
enrolled in the district. Except as otherwise provided in this
subsection, a district qualifying for a foundation allowance
adjustment under this subsection shall use the funds resulting from
this adjustment for at least 1 of grades K to 3 for purposes
allowable under former section 32e as in effect for 2001-2002. For
an individual school or schools operated by a district qualifying
for a foundation allowance under this subsection that have been
determined by the department to meet the adequate yearly progress
standards of the federal no child left behind act of 2001, Public
Law 107-110, in both mathematics and English language arts at all
applicable grade levels for all applicable subgroups, the district
may submit to the department an application for flexibility in
using the funds resulting from this adjustment that are
attributable to the pupils in the school or schools. The
application shall identify the affected school or schools and the
affected funds and shall contain a plan for using the funds for
specific purposes identified by the district that are designed to
reduce class size, but that may be different from the purposes
otherwise allowable under this subsection. The department shall
approve the application if the department determines that the
purposes identified in the plan are reasonably designed to reduce
class size. If the department does not act to approve or disapprove
an application within 30 days after it is submitted to the
department, the application is considered to be approved. If an
application for flexibility in using the funds is approved, the
district may use the funds identified in the application for any
purpose identified in the plan.
(20)
For a district that is a qualifying school district with
a school reform board in place under
part 5a of the revised school
code, MCL 380.371 to 380.376, the
district's foundation allowance
for 2002-2003 shall be adjusted to
be an amount equal to the sum of
the district's foundation allowance,
as otherwise calculated under
this section, plus the quotient of
$15,000,000.00 divided by the
district's membership for 2002-2003.
If a district ceases to meet
the requirements of this subsection,
the department shall adjust
the district's foundation allowance
in effect at that time based on
a 2002-2003 foundation allowance for
the district that does not
include the 2002-2003 adjustment
under this subsection. This
subsection only applies for
2002-2003, 2003-2004, and 2004-2005.
Beginning in 2005-2006, the
foundation allowance of a district that
received an adjustment under this
subsection for those fiscal years
shall be calculated as if those
adjustments did not occur.
(18) For a district that levied mills in 1993 to finance the
payment of principal or interest on notes or bonds issued to fund
an operating deficit pursuant to section 1356 of the revised school
code, mcl 380.1356, the district's foundation allowance shall be
calculated as if those mills were included as operating mills in
the calculation of the district's 1994-1995 foundation allowance. A
district is not entitled to any retroactive payments for fiscal
years before 2006-2007 due to this subsection.
(19) (21) Payments to districts,
university schools, or public
school academies shall not be made under this section. Rather, the
calculations under this section shall be used to determine the
amount of state payments under section 22b.
(20) (22) If an amendment to
section 2 of article VIII of the
state constitution of 1963 allowing state aid to some or all
nonpublic schools is approved by the voters of this state, each
foundation allowance or per pupil payment calculation under this
section may be reduced.
(21) (23) As used in this
section:
(a) "Combined state and local revenue" means the aggregate of
the district's state school aid received by or paid on behalf of
the district under this section and the district's local school
operating revenue.
(b) "Combined state and local revenue per membership pupil"
means the district's combined state and local revenue divided by
the district's membership excluding special education pupils.
(c) "Current state fiscal year" means the state fiscal year
for which a particular calculation is made.
(d) "Immediately preceding state fiscal year" means the state
fiscal year immediately preceding the current state fiscal year.
(e) "Local school operating revenue" means school operating
taxes levied under section 1211 of the revised school code, MCL
380.1211.
(f) "Local school operating revenue per membership pupil"
means a district's local school operating revenue divided by the
district's membership excluding special education pupils.
(g) "Membership" means the definition of that term under
section 6 as in effect for the particular fiscal year for which a
particular calculation is made.
(h) "Principal residence" and "qualified agricultural
property" mean those terms as defined in section 7dd of the general
property tax act, 1893 PA 206, MCL 211.7dd.
(i) "School operating purposes" means the purposes included in
the operation costs of the district as prescribed in sections 7 and
18.
(j) "School operating taxes" means local ad valorem property
taxes levied under section 1211 of the revised school code, MCL
380.1211, and retained for school operating purposes.
(k) "Taxable value per membership pupil" means taxable value,
as certified by the department of treasury, for the calendar year
ending in the current state fiscal year divided by the district's
membership excluding special education pupils for the school year
ending in the current state fiscal year.
Sec. 20d. In making the final determination required under
former section 20a of a district's combined state and local revenue
per membership pupil in 1993-94 and in making calculations under
section 20 FOR 2006-2007, the department and the department of
treasury shall comply with all of the following:
(a) For a district that had combined state and local revenue
per membership pupil in the 1994-95 state fiscal year of $6,500.00
or more and served as a fiscal agent for a state board designated
area vocational education center in the 1993-94 school year, total
state school aid received by or paid on behalf of the district
pursuant to this act in 1993-94 shall exclude payments made under
former section 146 and under section 147 on behalf of the
district's employees who provided direct services to the area
vocational education center. Not later than June 30, 1996, the
department shall make an adjustment under this subdivision to the
district's combined state and local revenue per membership pupil in
the 1994-95 state fiscal year and the department of treasury shall
make a final certification of the number of mills that may be
levied by the district under section 1211 of the revised school
code, MCL 380.1211, as a result of the adjustment under this
subdivision.
(b) If a district had an adjustment made to its 1993-94 total
state school aid that excluded payments made under former section
146 and under section 147 on behalf of the district's employees who
provided direct services for intermediate district center programs
operated by the district under article 5, if nonresident pupils
attending the center programs were included in the district's
membership for purposes of calculating the combined state and local
revenue per membership pupil for 1993-94, and if there is a signed
agreement by all constituent districts of the intermediate district
that an adjustment under this subdivision shall be made, the
foundation allowances for 1995-96 and 1996-97 of all districts that
had pupils attending the intermediate district center program
operated by the district that had the adjustment shall be
calculated as if their combined state and local revenue per
membership pupil for 1993-94 included resident pupils attending the
center program and excluded nonresident pupils attending the center
program.
Sec. 20j. (1) Foundation allowance supplemental payments for
2005-2006 2006-2007 to
districts that in the 1994-95 state fiscal
year had a foundation allowance greater than $6,500.00 shall be
calculated under this section.
(2) The per pupil allocation to each district under this
section shall be the difference between the dollar amount of the
adjustment from the 1998-99 state fiscal year to the current state
fiscal year in the basic foundation allowance minus the dollar
amount of the adjustment from the 1998-99 state fiscal year to the
current state fiscal year in the district's foundation allowance.
(3) If a district's local revenue per pupil does not exceed
the sum of its foundation allowance under section 20 plus the per
pupil allocation under subsection (2), the total payment to the
district calculated under this section shall be the product of the
per pupil allocation under subsection (2) multiplied by the
district's membership excluding special education pupils. If a
district's local revenue per pupil exceeds the foundation allowance
under section 20 but does not exceed the sum of the foundation
allowance under section 20 plus the per pupil allocation under
subsection (2), the total payment to the district calculated under
this section shall be the product of the difference between the sum
of the foundation allowance under section 20 plus the per pupil
allocation under subsection (2) minus the local revenue per pupil
multiplied by the district's membership excluding special education
pupils. If a district's local revenue per pupil exceeds the sum of
the foundation allowance under section 20 plus the per pupil
allocation under subsection (2), there is no payment calculated
under this section for the district.
(4) Payments to districts shall not be made under this
section. Rather, the calculations under this section shall be made
and used to determine the amount of state payments under section
22b.
Sec. 22a. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $6,615,000,000.00
for 2004-2005
and an amount not to exceed
$6,459,000,000.00 $6,407,500,000.00 for
2005-2006 AND AN AMOUNT NOT TO EXCEED $6,214,000,000.00 FOR 2006-
2007 for payments to districts, qualifying university schools, and
qualifying public school academies to guarantee each district,
qualifying university school, and qualifying public school academy
an amount equal to its 1994-95 total state and local per pupil
revenue for school operating purposes under section 11 of article
IX of the state constitution of 1963. Pursuant to section 11 of
article IX of the state constitution of 1963, this guarantee does
not apply to a district in a year in which the district levies a
millage rate for school district operating purposes less than it
levied in 1994. However, subsection (2) applies to calculating the
payments under this section. Funds allocated under this section
that are not expended in the state fiscal year for which they were
allocated, as determined by the department, may be used to
supplement the allocations under sections 22b and 51c in order to
fully fund those calculated allocations for the same fiscal year.
(2) To ensure that a district receives an amount equal to the
district's 1994-95 total state and local per pupil revenue for
school operating purposes, there is allocated to each district a
state portion of the district's 1994-95 foundation allowance in an
amount calculated as follows:
(a) Except as otherwise provided in this subsection, the state
portion of a district's 1994-95 foundation allowance is an amount
equal to the district's 1994-95 foundation allowance or $6,500.00,
whichever is less, minus the difference between the product of the
taxable value per membership pupil of all property in the district
that is not a homestead or qualified agricultural property times
the lesser of 18 mills or the number of mills of school operating
taxes levied by the district in 1993-94 and the quotient of the ad
valorem property tax revenue of the district captured under 1975 PA
197, MCL 125.1651 to 125.1681, the tax increment finance authority
act, 1980 PA 450, MCL 125.1801 to 125.1830, the local development
financing act, 1986 PA 281, MCL 125.2151 to 125.2174, or the
brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651
to 125.2672, divided by the district's membership. For a district
that has a millage reduction required under section 31 of article
IX of the state constitution of 1963, the state portion of the
district's foundation allowance shall be calculated as if that
reduction did not occur.
(b) For a district that had a 1994-95 foundation allowance
greater than $6,500.00, the state payment under this subsection
shall be the sum of the amount calculated under subdivision (a)
plus the amount calculated under this subdivision. The amount
calculated under this subdivision shall be equal to the difference
between the district's 1994-95 foundation allowance minus $6,500.00
and the current year hold harmless school operating taxes per
pupil. If the result of the calculation under subdivision (a) is
negative, the negative amount shall be an offset against any state
payment calculated under this subdivision. If the result of a
calculation under this subdivision is negative, there shall not be
a state payment or a deduction under this subdivision. The taxable
values per membership pupil used in the calculations under this
subdivision are as adjusted by ad valorem property tax revenue
captured under 1975 PA 197, MCL 125.1651 to 125.1681, the tax
increment finance authority act, 1980 PA 450, MCL 125.1801 to
125.1830, the local development financing act, 1986 PA 281, MCL
125.2151 to 125.2174, or the brownfield redevelopment financing
act, 1996 PA 381, MCL 125.2651 to 125.2672, divided by the
district's membership.
(3) Beginning in 2003-2004, for pupils in membership in a
qualifying public school academy or qualifying university school,
there is allocated under this section to the authorizing body that
is the fiscal agent for the qualifying public school academy for
forwarding to the qualifying public school academy, or to the board
of the public university operating the qualifying university
school, an amount equal to the 1994-95 per pupil payment to the
qualifying public school academy or qualifying university school
under section 20.
(4) A district, qualifying university school, or qualifying
public school academy may use funds allocated under this section in
conjunction with any federal funds for which the district,
qualifying university school, or qualifying public school academy
otherwise would be eligible.
(5) For a district that is formed or reconfigured after June
1, 2000 by consolidation of 2 or more districts or by annexation,
the resulting district's 1994-95 foundation allowance under this
section beginning after the effective date of the consolidation or
annexation shall be the average of the 1994-95 foundation
allowances of each of the original or affected districts,
calculated as provided in this section, weighted as to the
percentage of pupils in total membership in the resulting district
in the state fiscal year in which the consolidation takes place who
reside in the geographic area of each of the original districts. If
an affected district's 1994-95 foundation allowance is less than
the 1994-95 basic foundation allowance, the amount of that
district's 1994-95 foundation allowance shall be considered for the
purpose of calculations under this subsection to be equal to the
amount of the 1994-95 basic foundation allowance.
(6) As used in this section:
(a) "1994-95 foundation allowance" means a district's 1994-95
foundation allowance calculated and certified by the department of
treasury or the superintendent under former section 20a as enacted
in 1993 PA 336 and as amended by 1994 PA 283.
(b) "Current state fiscal year" means the state fiscal year
for which a particular calculation is made.
(c) "Current year hold harmless school operating taxes per
pupil" means the per pupil revenue generated by multiplying a
district's 1994-95 hold harmless millage by the district's current
year taxable value per membership pupil.
(d) "Hold harmless millage" means, for a district with a 1994-
95 foundation allowance greater than $6,500.00, the number of mills
by which the exemption from the levy of school operating taxes on a
homestead and qualified agricultural property could be reduced as
provided in section 1211(1) of the revised school code, MCL
380.1211, and the number of mills of school operating taxes that
could be levied on all property as provided in section 1211(2) of
the revised school code, MCL 380.1211, as certified by the
department of treasury for the 1994 tax year.
(e) "Homestead" means that term as defined in section 1211 of
the revised school code, MCL 380.1211.
(f) "Membership" means the definition of that term under
section 6 as in effect for the particular fiscal year for which a
particular calculation is made.
(g) "Qualified agricultural property" means that term as
defined in section 1211 of the revised school code, MCL 380.1211.
(h) "Qualifying public school academy" means a public school
academy that was in operation in the 1994-95 school year and is in
operation in the current state fiscal year.
(i) "Qualifying university school" means a university school
that was in operation in the 1994-95 school year and is in
operation in the current fiscal year.
(j) "School operating taxes" means local ad valorem property
taxes levied under section 1211 of the revised school code, MCL
380.1211, and retained for school operating purposes.
(k) "Taxable value per membership pupil" means each of the
following divided by the district's membership:
(i) For the number of mills by which the exemption from the
levy of school operating taxes on a homestead and qualified
agricultural property may be reduced as provided in section 1211(1)
of the revised school code, MCL 380.1211, the taxable value of
homestead and qualified agricultural property for the calendar year
ending in the current state fiscal year.
(ii) For the number of mills of school operating taxes that may
be levied on all property as provided in section 1211(2) of the
revised school code, MCL 380.1211, the taxable value of all
property for the calendar year ending in the current state fiscal
year.
Sec. 22b. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $2,923,200,000.00
for 2004-2005
and an amount not to exceed
$3,197,736,800.00 $3,217,550,000.00 for
2005-2006 AND AN AMOUNT NOT TO EXCEED $3,577,000,000.00 FOR 2006-
2007 for discretionary nonmandated payments to districts under this
section. Funds allocated under this section that are not expended
in the state fiscal year for which they were allocated, as
determined by the department, may be used to supplement the
allocations under sections 22a and 51c in order to fully fund those
calculated allocations for the same fiscal year.
(2) Subject to subsection (3) and section 11, the allocation
to a district under this section shall be an amount equal to the
sum of the amounts calculated under sections 20, 20j, 51a(2),
51a(3), and 51a(12), minus the sum of the allocations to the
district under sections 22a and 51c.
(3) In order to receive an allocation under this section, each
district shall administer in each grade level that it operates in
grades 1 to 5 a standardized assessment approved by the department
of grade-appropriate basic educational skills. A district may use
the Michigan literacy progress profile to satisfy this requirement
for grades 1 to 3. Also, if the revised school code is amended to
require annual assessments at additional grade levels, in order to
receive an allocation under this section each district shall comply
with that requirement.
(4) From the allocation in subsection (1), the department
shall pay up to $1,000,000.00 in litigation costs incurred by this
state associated with lawsuits filed by 1 or more districts or
intermediate districts against this state. If the allocation under
this section is insufficient to fully fund all payments required
under this section, the payments under this subsection shall be
made in full before any proration of remaining payments under this
section.
(5) It is the intent of the legislature that all
constitutional obligations of this state have been fully funded
under sections 22a, 31d, 51a, and 51c. If a claim is made by an
entity receiving funds under this act that challenges the
legislative determination of the adequacy of this funding or
alleges that there exists an unfunded constitutional requirement,
the state budget director may escrow or allocate from the
discretionary funds for nonmandated payments under this section the
amount as may be necessary to satisfy the claim before making any
payments to districts under subsection (2). If funds are escrowed,
the escrowed funds are a work project appropriation and the funds
are carried forward into the following fiscal year. The purpose of
the work project is to provide for any payments that may be awarded
to districts as a result of litigation. The work project shall be
completed upon resolution of the litigation.
(6) If the local claims review board or a court of competent
jurisdiction makes a final determination that this state is in
violation of section 29 of article IX of the state constitution of
1963 regarding state payments to districts, the state budget
director shall use work project funds under subsection (5) or
allocate from the discretionary funds for nonmandated payments
under this section the amount as may be necessary to satisfy the
amount owed to districts before making any payments to districts
under subsection (2).
(7) If a claim is made in court that challenges the
legislative determination of the adequacy of funding for this
state's constitutional obligations or alleges that there exists an
unfunded constitutional requirement, any interested party may seek
an expedited review of the claim by the local claims review board.
If the claim exceeds $10,000,000.00, this state may remove the
action to the court of appeals, and the court of appeals shall have
and shall exercise jurisdiction over the claim.
(8) If payments resulting from a final determination by the
local claims review board or a court of competent jurisdiction that
there has been a violation of section 29 of article IX of the state
constitution of 1963 exceed the amount allocated for discretionary
nonmandated payments under this section, the legislature shall
provide for adequate funding for this state's constitutional
obligations at its next legislative session.
(9) If a lawsuit challenging payments made to districts
related to costs reimbursed by federal title XIX medicaid funds is
filed against this state during 2001-2002, 2002-2003, or 2003-2004,
50% of the amount allocated in subsection (1) not previously paid
out for 2002-2003, 2003-2004, and each succeeding fiscal year is a
work project appropriation and the funds are carried forward into
the following fiscal year. The purpose of the work project is to
provide for any payments that may be awarded to districts as a
result of the litigation. The work project shall be completed upon
resolution of the litigation. In addition, this state reserves the
right to terminate future federal title XIX medicaid reimbursement
payments to districts if the amount or allocation of reimbursed
funds is challenged in the lawsuit. As used in this subsection,
"title XIX" means title XIX of the social security act, 42 USC 1396
to 1396v.
Sec. 22d. (1) From the amount allocated under section 22b, an
amount not to exceed $750,000.00 is
allocated for 2005-2006 2006-
2007 for additional payments to small, geographically isolated
districts under this section.
(2) To be eligible for a payment under this section, a
district shall meet all of the following:
(a) Operates grades K to 12.
(b) Has fewer than 250 pupils in membership.
(c) Each school building operated by the district meets at
least 1 of the following:
(i) Is located in the Upper Peninsula at least 30 miles from
any other public school building.
(ii) Is located on an island that is not accessible by bridge.
(3) The amount of the additional funding to each eligible
district under this section shall be determined under a spending
plan developed as provided in this subsection and approved by the
superintendent of public instruction. The spending plan shall be
developed cooperatively by the intermediate superintendents of each
intermediate district in which an eligible district is located. The
intermediate superintendents shall review the financial situation
of each eligible district, determine the minimum essential
financial needs of each eligible district, and develop and agree on
a spending plan that distributes the available funding under this
section to the eligible districts based on those financial needs.
The intermediate superintendents shall submit the spending plan to
the superintendent of public instruction for approval. Upon
approval by the superintendent of public instruction, the amounts
specified for each eligible district under the spending plan are
allocated under this section and shall be paid to the eligible
districts in the same manner as payments under section 22b.
Sec. 22e. (1) from the appropriation in section 11 for
2005-2006, there is allocated an amount not to exceed
$41,500,000.00 for 2005-2006 for payments to districts under
this section.
(2) The amount of the payment to each district under this
section shall be an amount equal to $25.00 per 2005-2006
membership pupil of the district. this amount shall be in
addition to the foundation allowance calculated under section 20
AND SHALL BE CONSIDERED discretionary nonmandated payments in
addition to those allocated under section 22B.
(3) The per pupil allocation under this section shall be
considered foundation allowance dollars for the purposes of the
calculation under section 51a(2).
Sec. 24. (1) From the appropriation in section 11, there is
allocated for 2005-2006 2006-2007
an amount not to exceed
$8,000,000.00 $10,000,000.00 for
payments to the educating district
or intermediate district for educating pupils assigned by a court
or the department of human services to reside in or to attend a
juvenile detention facility or child caring institution licensed by
the department of human services and approved by the department to
provide an on-grounds education program. The amount of the payment
under this section to a district or intermediate district shall be
calculated as prescribed under subsection (2).
(2)
For 2005-2006, 70% of the total amount allocated under
this section shall be allocated by
paying to the educating district
or intermediate district an amount
equal to the lesser of the
district’s or intermediate
district’s added cost or the
department’s approved per pupil
allocation for the district or
intermediate district, and 30% of
the total amount allocated under
this section shall be allocated by
paying to the educating district
or intermediate district an amount
equal to the district’s or
intermediate district’s added cost.
For 2006-2007, 80% of the total
amount allocated under this section shall be allocated by paying to
the educating district or intermediate district an amount equal to
the lesser of the district’s or intermediate district’s added cost
or the department’s approved per pupil allocation for the district
or intermediate district, and 20% of the total amount allocated
under this section shall be allocated by paying to the educating
district or intermediate district an amount equal to the district’s
or intermediate district’s added cost. For 2007-2008, 90% of the
total amount allocated under this section shall be allocated by
paying to the educating district or intermediate district an amount
equal to the lesser of the district’s or intermediate district’s
added cost or the department’s approved per pupil allocation for
the district or intermediate district, and 10% of the total amount
allocated under this section shall be allocated by paying to the
educating district or intermediate district an amount equal to the
district’s or intermediate district’s added cost. Beginning with
allocations for 2008-2009, 100% of the total amount allocated under
this section shall be allocated by paying to the educating district
or intermediate district an amount equal to the lesser of the
district’s or intermediate district’s added cost or the
department’s approved per pupil allocation for the district or
intermediate district. For the purposes of this subsection:
(a) "Added cost" means 100% of the added cost each fiscal year
for educating all pupils assigned by a court or the department of
human services to reside in or to attend a juvenile detention
facility or child caring institution licensed by the department of
human services or the department of labor and economic growth and
approved by the department to provide an on-grounds education
program. Added cost shall be computed by deducting all other
revenue received under this act for pupils described in this
section from total costs, as approved by the department, in whole
or in part, for educating those pupils in the on-grounds education
program or in a program approved by the department that is located
on property adjacent to a juvenile detention facility or child
caring institution. Costs reimbursed by federal funds are not
included.
(b) "Department’s approved per pupil allocation" for a
district or intermediate district shall be determined by dividing
the total amount allocated under this section for a fiscal year by
the full-time equated membership total for all pupils approved by
the department to be funded under this section for that fiscal year
for the district or intermediate district.
(3) A district or intermediate district educating pupils
described in this section at a residential child caring institution
may operate, and receive funding under this section for, a
department-approved on-grounds educational program for those pupils
that is longer than 181 days, but not longer than 233 days, if the
child caring institution was licensed as a child caring institution
and offered in 1991-92 an on-grounds educational program that was
longer than 181 days but not longer than 233 days and that was
operated by a district or intermediate district.
(4) Special education pupils funded under section 53a shall
not be funded under this section.
SEC. 24A. FROM THE APPROPRIATION IN SECTION 11, THERE IS
ALLOCATED AN AMOUNT NOT TO EXCEED $3,000,000.00 FOR 2006-2007 FOR
PAYMENTS TO INTERMEDIATE SCHOOL DISTRICTS FOR PUPILS WHO ARE PLACED
IN JUVENILE JUSTICE SERVICE FACILITIES OPERATED BY THE DEPARTMENT
OF HUMAN SERVICES. EACH INTERMEDIATE DISTRICT SHALL RECEIVE AN
AMOUNT EQUAL TO THE STATE SHARE OF THOSE COSTS THAT ARE CLEARLY AND
DIRECTLY ATTRIBUTABLE TO THE EDUCATIONAL PROGRAMS FOR PUPILS PLACED
IN FACILITIES DESCRIBED IN THIS SECTION THAT ARE LOCATED WITHIN THE
INTERMEDIATE DISTRICT’S BOUNDARIES. THE INTERMEDIATE DISTRICTS
RECEIVING PAYMENTS UNDER THIS SECTION SHALL COOPERATE WITH THE
DEPARTMENT OF HUMAN SERVICES TO ENSURE THAT ALL FUNDING
APPROPRIATED UNDER THIS SECTION IS UTILIZED BY THE DEPARTMENT OF
HUMAN SERVICES FOR EDUCATIONAL PROGRAMS FOR PUPILS DESCRIBED IN
THIS SECTION. PUPILS DESCRIBED IN THIS SECTION ARE NOT ELIGIBLE TO
BE FUNDED UNDER SECTION 24.
SEC. 24C. FROM THE APPROPRIATION IN SECTION 11, THERE IS
ALLOCATED AN AMOUNT NOT TO EXCEED $1,253,100.00 FOR 2006-2007 FOR
PAYMENTS TO SCHOOL DISTRICTS FOR PUPILS WHO ARE ENROLLED IN A
NATIONALLY ADMINISTERED COMMUNITY BASED EDUCATION AND YOUTH
MENTORING PROGRAM, KNOWN AS THE YOUTH CHALLENGE PROGRAM, THAT IS
LOCATED WITHIN THE DISTRICT AND IS ADMINISTERED BY THE DEPARTMENT
OF MILITARY AND VETERAN’S AFFAIRS. school districts receiving
payments under this section shall contract with the Department of
Military and Veteran's Affairs to ensure that all funding
appropriated under this section is utilized by the department OF
MILITARY AND VETERAN’S AFFAIRS for the YOUTH CHALLENGE PROGRAM.
Sec.
25a. If a pupil described in section 6(6)(g) (F) enrolls
pursuant to section 6(6)(g)
(F) during a school year in a district
other than the district in which the pupil is counted in
membership, the educating district shall report the enrollment
information to the department and to the district in which the
pupil is counted in membership, and the district in which the pupil
is counted in membership shall pay to the educating district an
amount equal to the amount of the foundation allowance received by
the district in which the pupil is counted in membership, prorated
according to the number of days of the school year ending in the
fiscal year the pupil is educated in the educating district
compared to the number of days of the school year ending in the
fiscal year the pupil was actually enrolled in the district in
which the pupil is counted in membership. If a district does not
make the payment required under this section within 30 days after
receipt of the report, the department shall calculate the amount
owed, shall deduct that amount from the remaining state school aid
payments to the district for that fiscal year under this act, and
shall pay that amount to the educating district. The district in
which the pupil is counted in membership and the educating district
shall provide to the department all information the department
requires to enforce this section.
Sec. 26a. From the STATE SCHOOL AID appropriation in section
11, there is allocated an amount not to
exceed $45,000,000.00
$37,650,000.00 for 2005-2006
2006-2007 AND FROM THE GENERAL FUND
APPROPRIATION IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO
EXCEED $12,550,000.00 FOR 2006-2007 to reimburse districts,
intermediate districts, and the state school aid fund pursuant to
section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL
125.2692, for taxes levied in 2005
2006 or for payments to
districts as reimbursement for interest paid as a result of
property tax refunds. The allocations shall be made not later than
60 days after the department of treasury certifies to the
department and to the state budget director that the department of
treasury has received all necessary information to properly
determine the amounts due to each eligible recipient.
Sec.
26b. (1) Beginning in 2005-2006 there is allocated from
FROM the general fund appropriation in section 11, THERE IS
ALLOCATED FOR 2006-2007 an amount not to exceed $2,400,000.00 for
payments to districts, intermediate districts, and community
college districts for the portion of the payment in lieu of taxes
obligation that is attributable to districts, intermediate
districts, and community college districts pursuant to section 2154
of the natural resources and environmental protection act, 1994 PA
451, MCL 324.2154.
(2) If the amount appropriated under this section is not
sufficient to fully pay obligations under this section, payments
shall be prorated on an equal basis among all eligible districts,
intermediate districts, and community college districts.
Sec. 29. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $50,000,000.00 for 2006-2007 for
additional payments to eligible districts for declining enrollment
assistance.
(2) A district is eligible for a payment under this section if
all of the following apply:
(a) The district’s pupil membership for the current fiscal
year is less than the district’s pupil membership for the
immediately preceding fiscal year and the district’s pupil
membership for the immediately preceding fiscal year is less than
the district’s pupil membership for the previously preceding fiscal
year as calculated under section 6 for that fiscal year.
(b) The district’s average pupil membership is greater than
the district’s pupil membership for the current fiscal year as
calculated under section 6.
(c) The district is not eligible to receive funding under
sectionS 6(4)(y) or 22d of this act.
(3) Payments to each eligible district shall be equal to the
difference between the district’s average pupil membership and the
district’s pupil membership as calculated under section 6 for the
current fiscal year multiplied by the district’s foundation
allowance as calculated under section 20. If the total amount of
the payments calculated under this subsection exceeds the
allocation for this section, the payment to each district shall be
prorated on an equal percentage basis.
(4) For the purposes of this section, "average pupil
membership" means the average of the district’s membership for the
3-fiscal-year period ending with the current fiscal year,
calculated by adding the district’s actual membership for each of
those 3 fiscal years, as otherwise calculated under section 6, and
dividing the sum of those 3 membership figures by 3.
Sec.
31a. (1) From the money appropriated APPROPRIATION in
section 11, there is allocated for 2005-2006
2006-2007 an amount
not to exceed $314,200,000.00 $319,350,000.00
for payments to
eligible districts and eligible public school academies under this
section. Subject to subsection (12)
(13), the amount of the
additional allowance under this section shall be based on the
number of actual pupils in membership in the district or public
school academy who met the income eligibility criteria for free
breakfast, lunch, or milk in the immediately preceding state fiscal
year, as determined under the Richard B. Russell national school
lunch act, 42 USC 1751 to 1769h, and reported to the department by
October 31 of the immediately preceding fiscal year and adjusted
not later than December 31 of the immediately preceding fiscal
year. However, for a public school academy that began operations as
a public school academy after the pupil membership count day of the
immediately preceding school year, the basis for the additional
allowance under this section shall be the number of actual pupils
in membership in the public school academy who met the income
eligibility criteria for free breakfast, lunch, or milk in the
current state fiscal year, as determined under the Richard B.
Russell national school lunch act.
(2) To be eligible to receive funding under this section,
other than funding under subsection (6) OR (7), a district or
public school academy that has not been previously determined to be
eligible shall apply to the department, in a form and manner
prescribed by the department, and a district or public school
academy must meet all of the following:
(a) The sum of the district's or public school academy's
combined state and local revenue per membership pupil in the
current state fiscal year, as calculated under section 20, plus the
amount of the district's per pupil allocation under section 20j(2),
is less than or equal to $6,500.00 adjusted by the dollar amount of
the difference between the basic foundation allowance under section
20 for the current state fiscal year and $5,000.00, minus $200.00.
(b) The district or public school academy agrees to use the
funding only for purposes allowed under this section and to comply
with the program and accountability requirements under this
section.
(3) Except as otherwise provided in this subsection, an
eligible district or eligible public school academy shall receive
under this section for each membership pupil in the district or
public school academy who met the income eligibility criteria for
free breakfast, lunch, or milk, as determined under the Richard B.
Russell national school lunch act and as reported to the department
by October 31 of the immediately preceding fiscal year and adjusted
not later than December 31 of the immediately preceding fiscal
year, an amount per pupil equal to 11.5% of the sum of the
district's foundation allowance or public school academy's per
pupil amount calculated under section 20, plus the amount of the
district's per pupil allocation under section 20j(2), not to exceed
$6,500.00 adjusted by the dollar amount of the difference between
the basic foundation allowance under section 20 for the current
state fiscal year and $5,000.00, minus $200.00, or of the public
school academy's per membership pupil amount calculated under
section 20 for the current state fiscal year. A public school
academy that began operations as a public school academy after the
pupil membership count day of the immediately preceding school year
shall receive under this section for each membership pupil in the
public school academy who met the income eligibility criteria for
free breakfast, lunch, or milk, as determined under the Richard B.
Russell national school lunch act and as reported to the department
by October 31 of the current fiscal year and adjusted not later
than December 31 of the current fiscal year, an amount per pupil
equal to 11.5% of the public school academy's per membership pupil
amount calculated under section 20 for the current state fiscal
year.
(4) Except as otherwise provided in this section, a district
or public school academy receiving funding under this section shall
use that money only to provide instructional programs and direct
noninstructional services, including, but not limited to, medical
or counseling services, for at-risk pupils; for school health
clinics; and for the purposes of
subsection (5), or (6)
OR (7). In
addition, a district that is organized as a school district of the
first class under the revised school code or a district or public
school academy in which at least 50% of the pupils in membership
met the income eligibility criteria for free breakfast, lunch, or
milk in the immediately preceding state fiscal year, as determined
and reported as described in subsection (1), may use not more than
15% of the funds it receives under this section for school
security. A district or public school academy shall not use any of
that money for administrative costs or to supplant another program
or other funds, except for funds allocated to the district or
public school academy under this section in the immediately
preceding year and already being used by the district or public
school academy for at-risk pupils. The instruction or direct
noninstructional services provided under this section may be
conducted before or after regular school hours or by adding extra
school days to the school year and may include, but are not limited
to, tutorial services, early childhood programs to serve children
age 0 to 5, and reading programs as described in former section 32f
as in effect for 2001-2002. A tutorial method may be conducted with
paraprofessionals working under the supervision of a certificated
teacher. The ratio of pupils to paraprofessionals shall be between
10:1 and 15:1. Only 1 certificated teacher is required to supervise
instruction using a tutorial method. As used in this subsection,
"to supplant another program" means to take the place of a
previously existing instructional program or direct
noninstructional services funded from a funding source other than
funding under this section.
(5)
Except as otherwise provided in subsection (11) (12), a
district or public school academy that receives funds under this
section and that operates a school breakfast program under section
1272a of the revised school code, MCL 380.1272a, shall use from the
funds received under this section an amount, not to exceed $10.00
per pupil for whom the district or public school academy receives
funds under this section, necessary to operate the school breakfast
program.
(6) From the funds allocated under subsection (1), there is
allocated for 2005-2006 2006-2007
an amount not to exceed
$3,743,000.00 to support teen health centers. These grants shall be
awarded for 3 consecutive years beginning
with 2003-2004 in a form
and manner approved jointly by the department and the department of
community health. Each grant recipient shall remain in compliance
with the terms of the grant award or shall forfeit the grant award
for the duration of the 3-year period after the noncompliance.
Beginning in 2004-2005, to continue to receive funding for a teen
health center under this section a grant recipient shall ensure
that the teen health center has an advisory committee and that at
least one-third of the members of the advisory committee are
parents or legal guardians of school-aged children. A teen health
center program shall recognize the role of a child's parents or
legal guardian in the physical and emotional well-being of the
child. If any funds allocated under this subsection are not used
for the purposes of this subsection for the fiscal year in which
they are allocated, those unused funds shall be used that fiscal
year to avoid or minimize any proration that would otherwise be
required under subsection (12) (13)
for that fiscal year.
(7) From the funds allocated under subsection (1), there is
allocated for 2006-2007 an amount not to exceed $5,150,000.00 for
the state portion of the hearing and vision screenings as described
in section 9301 of the public health code, 1978 PA 368, MCL
333.9301. A local public health department shall pay at least 50%
of the total cost of the screenings. The frequency of the
screenings shall be as required under R 325.13091 to R 325.13096
and R 325.3271 to R 325.3276 of the Michigan administrative code.
(8) (7) Each district or public
school academy receiving funds
under this section shall submit to the department by July 15 of
each fiscal year a report, not to exceed 10 pages, on the usage by
the district or public school academy of funds under this section,
which report shall include at least a brief description of each
program conducted by the district or public school academy using
funds under this section, the amount of funds under this section
allocated to each of those programs, the number of at-risk pupils
eligible for free or reduced price school lunch who were served by
each of those programs, and the total number of at-risk pupils
served by each of those programs. If a district or public school
academy does not comply with this subsection, the department shall
withhold an amount equal to the August payment due under this
section until the district or public school academy complies with
this subsection. If the district or public school academy does not
comply with this subsection by the end of the state fiscal year,
the withheld funds shall be forfeited to the school aid fund.
(9) (8) In order to receive
funds under this section, a
district or public school academy shall allow access for the
department or the department's designee to audit all records
related to the program for which it receives those funds. The
district or public school academy shall reimburse the state for all
disallowances found in the audit.
(10) (9) Subject to subsections
(5), (6), (7) and (11) (12),
any district may use up to 100% of the funds it receives under this
section to reduce the ratio of pupils to teachers in grades K-6, or
any combination of those grades, in school buildings in which the
percentage of pupils described in subsection (1) exceeds the
district's aggregate percentage of those pupils. Subject to
subsections (5), (6), (7) and (11)
(12), if a district obtains a
waiver from the department, the district may use up to 100% of the
funds it receives under this section to reduce the ratio of pupils
to teachers in grades K-6, or any combination of those grades, in
school buildings in which the percentage of pupils described in
subsection (1) is at least 60% of the district's aggregate
percentage of those pupils and at least 30% of the total number of
pupils enrolled in the school building. To obtain a waiver, a
district must apply to the department and demonstrate to the
satisfaction of the department that the class size reductions would
be in the best interests of the district's at-risk pupils.
(11) (10) A district or public
school academy may use funds
received under this section for adult high school completion,
general educational development (G.E.D.) test preparation, adult
English as a second language, or adult basic education programs
described in section 107.
(12) (11) For an individual
school or schools operated by a
district or public school academy receiving funds under this
section that have been determined by the department to meet the
adequate yearly progress standards of the federal no child left
behind act of 2001, Public Law 107-110, in both mathematics and
English language arts at all applicable grade levels for all
applicable subgroups, the district or public school academy may
submit to the department an application for flexibility in using
the funds received under this section that are attributable to the
pupils in the school or schools. The application shall identify the
affected school or schools and the affected funds and shall contain
a plan for using the funds for specific purposes identified by the
district that are designed to benefit at-risk pupils in the school,
but that may be different from the purposes otherwise allowable
under this section. The department shall approve the application if
the department determines that the purposes identified in the plan
are reasonably designed to benefit at-risk pupils in the school. If
the department does not act to approve or disapprove an application
within 30 days after it is submitted to the department, the
application is considered to be approved. If an application for
flexibility in using the funds is approved, the district may use
the funds identified in the application for any purpose identified
in the plan.
(13) (12) If necessary, and
before any proration required
under section 11, the department shall prorate payments under this
section by reducing the amount of the per pupil payment under this
section by a dollar amount calculated by determining the amount by
which the amount necessary to fully fund the requirements of this
section exceeds the maximum amount allocated under this section and
then dividing that amount by the total statewide number of pupils
who met the income eligibility criteria for free breakfast, lunch,
or milk in the immediately preceding fiscal year, as described in
subsection (1).
(14)
(13) If a district is formed by consolidation after June
1, 1995, and if 1 or more of the original districts was not
eligible before the consolidation for an additional allowance under
this section, the amount of the additional allowance under this
section for the consolidated district shall be based on the number
of pupils described in subsection (1) enrolled in the consolidated
district who reside in the territory of an original district that
was eligible before the consolidation for an additional allowance
under this section.
(15) (14) A district or public
school academy that does not
meet the eligibility requirement under subsection (2)(a) is
eligible for funding under this section if at least 1/4 of the
pupils in membership in the district or public school academy met
the income eligibility criteria for free breakfast, lunch, or milk
in the immediately preceding state fiscal year, as determined and
reported as described in subsection (1), and at least 4,500 of the
pupils in membership in the district or public school academy met
the income eligibility criteria for free breakfast, lunch, or milk
in the immediately preceding state fiscal year, as determined and
reported as described in subsection (1). A district or public
school academy that is eligible for funding under this section
because the district meets the requirements of this subsection
shall receive under this section for each membership pupil in the
district or public school academy who met the income eligibility
criteria for free breakfast, lunch, or milk in the immediately
preceding fiscal year, as determined and reported as described in
subsection (1), an amount per pupil equal to 11.5% of the sum of
the district's foundation allowance or public school academy's per
pupil allocation under section 20, plus the amount of the
district's per pupil allocation under section 20j(2), not to exceed
$6,500.00 adjusted by the dollar amount of the difference between
the basic foundation allowance under section 20 for the current
state fiscal year and $5,000.00, minus $200.00
(16) (15) As used in this
section, "at-risk pupil" means a
pupil for whom the district has documentation that the pupil meets
at least 2 of the following criteria: is a victim of child abuse or
neglect; is below grade level in English language and communication
skills or mathematics; is a pregnant teenager or teenage parent; is
eligible for a federal free or reduced-price lunch subsidy; has
atypical behavior or attendance patterns; or has a family history
of school failure, incarceration, or substance abuse. For pupils
for whom the results of at least the applicable Michigan education
assessment program (MEAP) test have been received, at-risk pupil
also includes a pupil who does not meet the other criteria under
this subsection but who did not achieve at least a score of level 2
on the most recent MEAP English language arts, mathematics, or
science test for which results for the pupil have been received.
For pupils for whom the results of the Michigan merit examination
have been received, at-risk pupil also includes a pupil who does
not meet the other criteria under this subsection but who did not
achieve proficiency on the reading component of the most recent
Michigan merit examination for which results for the pupil have
been received, did not achieve proficiency on the mathematics
component of the most recent Michigan merit examination for which
results for the pupil have been received, or did not achieve basic
competency on the science component of the most recent Michigan
merit examination for which results for the pupil have been
received. For pupils in grades K-3, at-risk pupil also includes a
pupil who is at risk of not meeting the district's core academic
curricular objectives in English language arts or mathematics.
Sec. 31d. (1) From the appropriations in section 11, there is
allocated an amount not to exceed
$22,495,100.00 for 2005-2006
2006-2007 for the purpose of making payments to districts and other
eligible entities under this section.
(2) The amounts allocated from state sources under this
section shall be used to pay the amount necessary to reimburse
districts for 6.0127% of the necessary costs of the state mandated
portion of the school lunch programs provided by those districts.
The amount due to each district under this section shall be
computed by the department using the methods of calculation adopted
by the Michigan supreme court in the consolidated cases known as
Durant v State of Michigan, Michigan supreme court docket no.
104458-104492.
(3) The payments made under this section include all state
payments made to districts so that each district receives at least
6.0127% of the necessary costs of operating the state mandated
portion of the school lunch program in a fiscal year.
(4) The payments made under this section to districts and
other eligible entities that are not required under section 1272a
of the revised school code, MCL 380.1272a, to provide a school
lunch program shall be in an amount not to exceed $10.00 per
eligible pupil plus 5 cents for each free lunch and 2 cents for
each reduced price lunch provided, as determined by the department.
(5) From the federal funds appropriated in section 11, there
is allocated for 2005-2006 2006-2007
all available federal funding,
estimated at $303,684,000.00, $320,000,000.00
for the national
school lunch program and all available federal funding, estimated
at $2,506,000.00, for the emergency food assistance program.
(6) Notwithstanding section 17b, payments to eligible entities
other than districts under this section shall be paid on a schedule
determined by the department.
Sec. 31f. (1) From the appropriations in section 11, there is
allocated an amount not to exceed $0.00
$9,625,000.00 for 2004-2005
2006-2007 for the purpose of making payments to districts to
reimburse for the cost of providing
breakfast. The funds
appropriated under this section
shall be made available to all
eligible applicant districts as
determined under section 702 of
2004 PA 346.
(2) The funds allocated under this section for school
breakfast programs shall be made available to all eligible
applicant districts that meet all of the following criteria:
(a) The district participates in the federal school breakfast
program and meets all standards as prescribed by 7 CFR parts 220
and 245.
(b) each breakfast eligible for payment meets the federal
standards specified in subdivision (a).
(c) The payment for a district is at a per meal rate equal to
the lesser of the district's actual cost, or 100% of the cost of a
breakfast served by an efficiently operated breakfast program as
determined by the department, less federal reimbursement,
participant payments, and other state reimbursement. Determination
of efficient cost by the department shall be determined by using a
statistical sampling of statewide and regional cost as reported in
a manner approved by the department for the preceding school year.
SEC. 32. FROM THE APPROPRIATIONS IN SECTION 11 FOR 2006-2007,
THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $112,400,000.00 FROM THE
STATE SCHOOL AID FUND AND AN AMOUNT NOT TO EXCEED $12,700,000.00
FROM THE GENERAL FUND TO FUND THE GREAT START EARLY CHILDHOOD
PROGRAMS, AS PROVIDED UNDER SECTIONS 32B, 32C, 32D, 32J AND 32L.
THE PROGRAMS FUNDED UNDER THIS SECTION PROVIDE A COMPREHENSIVE
EARLY CHILDHOOD SYSTEM WITH THE PURPOSES OF CREATING A COORDINATED
COLLABORATIVE SYSTEM FOR EARLY LEARNING, IMPROVING PARENTING
SKILLS, ENCOURAGING EARLY MATHEMATICS AND READING LITERACY
TRAINING, IMPROVING SCHOOL READINESS AND MITIGATING THE NEED FOR
SPECIAL EDUCATION SERVICES.
Sec 32b. (1) From the funds allocated under section 32, there
is allocated an amount not to exceed $1,000,000.00 for 2006-2007
for competitive grants to intermediate districts for the creation
of great start communities or other community purposes as
identified by the early childhood investment corporation. These
dollars may not be expended until the early childhood investment
corporation has identified matching dollars of at least an equal
amount.
(2) The early childhood investment corporation shall award
grants to eligible intermediate districts in an amount to be
determined by the corporation.
(3) In order to receive funding, each intermediate district
applicant shall agree to convene local great start collaboratives
to address the availability of the six components of a great start
system in their communities: physical health, social-emotional
health, family supports, basic needs, economic stability and
safety, parenting education and early education and care to ensure
every child in the community is ready for kindergarten.
Specifically, each grant will fund:
(a) A community needs assessment and strategic plan for the
development of a comprehensive system of early childhood services
and supports, accessible to all children from birth to kindergarten
and their families.
(b) Identification of local resources and services for
children with disabilities, developmental delays or special needs
and their families.
(c) Coordination and expansion of high quality early childhood
and childcare programs.
(d) Evaluation of local programs.
Sec.
32c. (1) From the general fund appropriation in section
11, ALLOCATION UNDER SECTION
32, there is allocated an amount not
to exceed $250,000.00 for 2005-2006
2006-2007 to the department for
grants for community-based collaborative prevention services
designed to promote marriage FAMILIES
and foster positive parenting
skills; improve parent/child interaction, especially for children
0-3 years of age; promote access to needed community services;
increase local capacity to serve families at risk; improve school
readiness; and support healthy family environments that discourage
alcohol, tobacco, and other drug use. The allocation under this
section is to fund secondary prevention programs as defined by the
children's trust fund for the prevention of child abuse and
neglect.
(2) The funds allocated under subsection (1) shall be
distributed through a joint request for proposals process
established by the department in conjunction with the children's
trust fund and the state's
interagency systems reform workgroup
INTERAGENCY DIRECTOR’S WORKGROUP. Projects funded with grants
awarded under this section shall meet all of the following:
(a) Be secondary prevention initiatives and voluntary to
consumers. This appropriation is not intended to serve the needs of
children for whom and families in which neglect or abuse has been
substantiated.
(b) Demonstrate that the planned services are part of a
community's integrated comprehensive family support strategy
endorsed by the local multi-purpose
collaborative body COMMUNITY
COLLABORATIVE.
(c) Provide a 25% local match, of which not more than 10% may
be in-kind services, unless this requirement is waived by the
interagency systems reform workgroup
INTERAGENCY DIRECTOR’S
WORKGROUP.
(3) Notwithstanding section 17b, payments under this section
may be made pursuant to an agreement with the department.
(4) Not later than January 30 of the next fiscal year, the
department shall prepare and submit to the governor and the
legislature an annual report of outcomes achieved by the providers
of the community-based collaborative prevention services funded
under this section for a fiscal year.
Sec.
32d. (1) From the state school aid fund money
appropriated ALLOCATION
under section 11, SECTION 32, there is
allocated an amount not to exceed $72,600,000.00
$101,400,000.00
for 2005-2006 2006-2007 for
GREAT START school readiness or
preschool and parenting program
grants to enable eligible
districts, as determined under section 37, to develop or expand, in
conjunction with whatever federal funds may be available,
including, but not limited to, federal funds under title I of the
elementary and secondary education act of 1965, 20 USC 6301 to
6578, chapter 1 of title I of the Hawkins-Stafford elementary and
secondary school improvement amendments of 1988, Public Law 100-
297, and the head start act, 42 USC 9831 to 9852a, comprehensive
compensatory programs designed to do
1 or both of the following:
(a)
Improve IMPROVE the readiness and subsequent achievement
of educationally disadvantaged children as defined by the
department who will be at least 4, but less than 5 years of age, as
of December 1 of the school year in which the programs are offered,
and who show evidence of 2 or more risk factors as defined in the
state board report entitled "children at risk" that was adopted by
the state board on April 5, 1988.
(b)
Provide preschool and parenting education programs similar
to those under former section 32b as
in effect for 2001-2002.
(2) A comprehensive compensatory program funded under this
section may SHALL include
an age-appropriate educational
curriculum, AS DESCRIBED IN THE early childhood standards of
quality for prekindergarten CHILDREN adopted by the STATE BOARD,
THAT PREPARES CHILDREN FOR SUCCESS IN SCHOOL, INCLUDING LANGUAGE,
EARLY LITERACY, AND EARLY MATHEMATICS. IN ADDITION, THE
COMPREHENSIVE PROGRAM SHALL INCLUDE nutritional services, health
screening for participating children, a plan for parent and legal
guardian involvement, and provision of referral services for
families eligible for community social services.
(3) In addition to the allocation under subsection (1), from
the general fund money allocated under section
11, SECTION 32,
there is allocated an amount not to
exceed $200,000.00 for 2005-
2006 2006-2007 for a
competitive grant to continue a longitudinal
evaluation of children who have participated in the Michigan school
readiness program.
(4) A district receiving a grant under this section may
contract for the provision of the comprehensive compensatory
program and retain for administrative services an amount equal to
not more than 5% of the grant amount. A district may expend not
more than 10% of the total grant amount for administration of the
program.
(5) A grant recipient receiving funds under this section shall
report to the department on the midyear report the number of
children participating in the program who meet the income or other
eligibility criteria specified under section 37(3)(g) and the total
number of children participating in the program. For children
participating in the program who meet the income or other
eligibility criteria specified under section 37(3)(g), grant
recipients shall also report whether or not a parent is available
to provide care based on employment status. For the purposes of
this subsection, "employment status" shall be defined by the
department of human services in a manner consistent with maximizing
the amount of spending that may be claimed for temporary assistance
for needy families maintenance of effort purposes.
Sec.
32j. (1) From the appropriations in section 11, STATE
SCHOOL AID ALLOCATION UNDER SECTION 32, there is allocated an
amount not to exceed $3,326,000.00
$10,000,000.00 for 2005-2006
2006-2007 for great parents, great start grants to intermediate
districts to provide programs for parents with preschool children.
The purpose of these programs is to encourage early MATHEMATICS AND
READING literacy, improve school readiness, reduce the need for
special education services, and foster the maintenance of stable
families by encouraging positive parenting skills.
(2) To qualify for funding under this section, a program shall
provide services to all families with children age 5 or younger
residing within the intermediate district who choose to
participate, including at least all of the following services:
(a) Providing parents with information on child development
from birth to age 5.
(b) Providing parents with methods to enhance parent-child
interaction THAT PROMOTE AGE-APPROPRIATE LANGUAGE, MATHEMATICS AND
EARLY READING SKILLS; including, but not limited to, encouraging
parents to read to their preschool children at least 1/2 hour per
day.
(c) Providing parents with examples of learning opportunities
to promote intellectual, physical, and social growth of
preschoolers, INCLUDING THE ACQUISITION OF AGE-APPROPRIATE
LANGUAGE, MATHEMATICS AND EARLY READING SKILLS.
(d) Promoting access to needed community services through a
community-school-home partnership.
(e)
Promoting marriage. FAMILIES.
(3) To receive a grant under this section, an intermediate
district shall submit a plan to the department not later than
October 1, 2005 2006 in
the form and manner prescribed by the
department. The plan shall do all of the following in a manner
prescribed by the department:
(a) Provide a plan for the delivery of the program components
described in subsection (2) that provides for educators trained in
child development to help parents understand their role in their
child's developmental process, thereby promoting school readiness
and mitigating the need for special education services.
(b) Demonstrate an adequate collaboration of local entities
involved in providing programs and services for preschool children
and their parents.
(c) Provide a projected budget for the program to be funded.
The intermediate district shall provide at least a 20% local match
from local public or private resources for the funds received under
this section. Not more than 1/2 of this matching requirement, up to
a total of 10% of the total project budget, may be satisfied
through in-kind services provided by participating providers of
programs or services. In addition, not more than 10% of the grant
may be used for program administration.
(4) Each intermediate district receiving a grant under this
section shall agree to include a data collection system approved by
the department. The data collection system shall provide a report
by October 15 of each year on the number of children in families
with income below 200% of the federal poverty level that received
services under this program and the total number of children who
received services under this program.
(5) The department or superintendent, as applicable, shall do
all of the following:
(a) The superintendent shall approve or disapprove the plans
and notify the intermediate district of that decision not later
than November 15, 2005 2006. The amount allocated by each
intermediate district shall be at least
an amount equal to 3.5%
300.66% of the intermediate
district's 2002-2003 2005-2006 payment
under THIS section 81.
(b) The department shall ensure that all programs funded under
this section utilize the most current validated research-based
methods and curriculum for providing the program components
described in subsection (2).
(c) The department shall submit a report to the state budget
director and the senate and house fiscal agencies summarizing the
data collection reports described in subsection (4) by December 1
of each year.
(6) An intermediate district receiving funds under this
section shall use the funds only for the program funded under this
section. An intermediate district receiving funds under this
section may carry over any unexpended funds received under this
section to subsequent fiscal years and may expend those unused
funds in subsequent fiscal years.
Sec.
32l. (1) From the
general fund money appropriated in
section 11, ALLOCATED UNDER
SECTION 32, there is allocated for
2005-2006 2006-2007 an
amount not to exceed $12,250,000.00 for
competitive school readiness program grants FOR THE PURPOSES OF
PREPARING CHILDREN FOR SUCCESS IN SCHOOL, INCLUDING LANGUAGE, EARLY
LITERACY, AND EARLY MATHEMATICS. These grants shall be made
available through a competitive application process as follows:
(a) Any public or private nonprofit legal entity or agency may
apply for a grant under this section. However, a district or
intermediate district may not apply for a grant under this section
unless the district or intermediate district is acting as a fiscal
agent for a child caring organization regulated under 1973 PA 116,
MCL 722.111 to 722.128.
(b) An applicant shall submit an application in the form and
manner prescribed by the department.
(c) The department shall establish a diverse interagency
committee to review the applications. The committee shall be
composed of representatives of the department, appropriate
community, volunteer, and social service agencies and
organizations, and parents.
(d) The superintendent shall award the grants and shall give
priority for awarding the grants based upon the following criteria:
(i) Compliance with the state board-approved early childhood
standards of quality for prekindergarten.
(ii) Active and continuous involvement of the parents or
guardians of the children participating in the program.
(iii) Employment of teachers possessing proper training,
including a valid Michigan teaching certificate with an early
childhood (ZA) endorsement, a valid Michigan teaching certificate
with a child development associate credential, or a bachelor's
degree in child development with a specialization in preschool
teaching, and employment of paraprofessionals possessing proper
training in early childhood development, including an associate's
degree in early childhood education or child development or the
equivalent, or a child development associate (CDA) credential, or
the equivalent, as approved by the state board. A paraprofessional
who does not meet these requirements may be employed for not more
than 2 years while obtaining proper credentials if he or she has
completed at least 1 course in an appropriate training program.
(iv) Evidence of collaboration with the community of providers
in early childhood development programs including documentation of
the total number of children in the community who would meet the
criteria established in subparagraph (vi), and who are being served
by other providers, and the number of children who will remain
unserved by other community early childhood programs if this
program is funded.
(v) The extent to which these funds will supplement other
federal, state, local, or private funds.
(vi) The extent to which these funds will be targeted to
children who will be at least 4, but less than 5, years of age as
of December 1 of the year in which the programs are offered and who
show evidence of 2 or more "at-risk" factors as defined in the
state board report entitled "children at risk" that was adopted by
the state board on April 5, 1988.
(vii) The program offers supplementary day care and thereby
offers full-day programs as part of its early childhood development
program.
(viii) The application contains a plan approved by the
department to conduct and report annual school readiness program
evaluations and continuous improvement plans using criteria
approved by the department. At a minimum, the evaluations shall
include a self-assessment of program quality and assessment of the
gains in educational readiness and progress of the children
participating in the program.
(e) An application shall demonstrate that the program has
established or has joined a multidistrict, multiagency school
readiness advisory committee that is involved in the planning and
evaluation of the program and that provides for the involvement of
parents and appropriate community, volunteer, and social service
agencies and organizations. The advisory committee shall include at
least 1 parent or guardian of a program participant for every 18
children enrolled in the program, with a minimum of 2 parent or
guardian representatives. The advisory committee shall do all of
the following:
(i) Review the mechanisms and criteria used to determine
referrals for participation in the school readiness program.
(ii) Review the health screening program for all participants.
(iii) Review the nutritional services provided to all
participants.
(iv) Review the mechanisms in place for the referral of
families to community social service agencies, as appropriate.
(v) Review the collaboration with and the involvement of
appropriate community, volunteer, and social service agencies and
organizations in addressing all aspects of education disadvantage.
(vi) Review, evaluate, and make recommendations for changes in
the school readiness program.
(2) To be eligible for a grant under this section, a program
shall demonstrate that more than 50% of the children participating
in the program live with families with a household income that is
less than or equal to 250% of the federal poverty level.
(3) The superintendent may award grants under this section at
whatever level the superintendent determines appropriate. However,
the amount of a grant under this section, when combined with other
sources of state revenue for this program, shall not exceed
$3,300.00 per participating child or the cost of the program,
whichever is less.
(4) Except as otherwise provided in this subsection, an
applicant that receives a NEW grant
under this section for 2005-
2006 2006-2007 shall also
receive priority for funding under this
section for 2006-2007 and
2007-2008 AND 2008-2009. However, after 3
fiscal years of continuous funding, an applicant is required to
compete openly with new programs and other programs completing
their third year. All grant awards under this section are
contingent on the availability of funds and documented evidence of
grantee compliance with early childhood standards of quality for
prekindergarten, as approved by the state board, and with all
operational, fiscal, administrative, and other program
requirements.
(5) NOTWITHSTANDING SECTION 17B, PAYMENTS TO ELIGIBLE ENTITIES
UNDER THIS SECTION SHALL BE PAID ON A SCHEDULE AND IN A MANNER
DETERMINED BY THE DEPARTMENT.
Sec. 34. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $10,000,000.00 for 2006-2007 for
competitive grants to eligible districts for mathematics and
reading literacy programs for pupils in grades K to 3 to prepare
all students to achieve adequate yearly progress as defined under
the no child left behind act of 2001, Public Law 107-110.
(2) Districts may submit applications for a maximum of five
elementary school buildings per application. The department shall
give priority to those applications that meet the following
criteria:
(a) Districts with elementary school buildings that did not
achieve adequate yearly progress as defined under the no child left
behind act of 2001, Public Law 107-110, for two out of the last
three school years due to student proficiency in MATHEMATICS or
reading.
(b) In addition, priority in awarding grants shall be given to
programs that:
(i) Reduce the number of pupils requiring special education
programs and services.
(ii) Improve standardized assessment scores in the areas of
mathematics and reading.
(iii) Can be replicated in other elementary schools in the state
if found to be successful in meeting the goals of this section.
(3) To qualify for funding under this section, a proposed
mathematics or reading improvement program must meet all of the
following criteria:
(a) Be a research-based, validated, structured program.
(b) Provide an assessment of mathematics or reading skills of
pupils in grades K to 3 to identify those pupils who are performing
below grade-level state standards in mathematics or reading and
must provide special assistance to such pupils.
(c) Include continuous assessment of pupils and individualized
education plans for pupils.
(d) Be part of a local board-approved school improvement plan.
(4) A grant application shall be submitted to the department
in a form and manner prescribed by the department. To be considered
for a grant under this section, a grant application must provide at
least all of the following:
(a) Identification of a mathematics or reading improvement
program that meets all of the criteria in subsection (3).
(b) A projected budget for the program. Allowable expenses
shall be determined by the department, but may include curricula
and material and supply purchases, as well as teacher professional
development.
(c) Districts must provide at least a 20% local match from
local public or private resources for the funds received under this
section. Not more than one half of this matching requirement, up
to a total of 10% of the total project budget, may be satisfied
through in-kind services provided by participating providers of
programs or services.
(d) Districts receiving a grant under this section must agree
to set aside one AND ONE HALF percent of the grant award for data
collection and statewide evaluation activities.
(e) A district may expend not more than 5% of the total grant
amount for administration of the program.
(f) For each school building receiving funding under this
section, the amount of the grant shall not exceed $100,000.00 per
school building annually.
(5) A program receiving funding under this section may be
conducted outside of regular school hours or outside OF the regular
school calendar.
(6) Subject to available revenues, funding to districts under
this section is intended to be the first year of 3 years of
funding. Funds allocated under this section may be expended through
the end of the following fiscal year.
Sec 35. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $15,000,000.00 for 2006-2007 for
competitive grants to eligible districts to implement, expand or
enhance middle school afterschool programs that provide academic
enrichment opportunities designed to help students meet local,
state and federal standards in mathematics, science and computer
technology and to prepare students for a more rigorous high school
curriculum.
(2) Districts may submit applications for a maximum of five
school buildings per application for middle school afterschool
programs. All students who attend those schools are eligible to
attend the afterschool program. The department shall give priority
to applications that meet the following criteria:
(a) Districts with enrollment areas having a 50 percent or
higher poverty rate as determined by the most recent U.S. census
data.
(b) School buildings with 30 percent or more enrolled students
eligible for free or reduced price lunch, as determined under the
Richard B. Russell national school lunch act, 42 USC 1751 to 1769h.
(c) School buildings that did not achieve adequate yearly
progress as defined under the no child left behind act of 2001,
Public Law 107-110, for two out of the last three school years due
to student proficiency in MATHEMATICS or science.
(d) School buildings that are in consortium with at least one
community-based organization that provides services to youth that
are consistent with the goals of this program.
(3) Eligible programs must provide the following components:
(a) Operate a minimum of three hours each day after regularly
scheduled school days, five school days per week, during the school
year. Eligible programs may also operate during any other hours or
periods when school is not in session.
(b) Include an array of supervised services such as tutorial
services, homework assistance, and academic enrichment activities
that are designed to help students meet local, state and federal
standards in MATHEMATICS, science and computer technology and to
prepare students for a rigorous high school curriculum. In
addition, eligible programs are encouraged to include other
activities that provide opportunities for LEARNING MATHEMATICS,
science and computer techology skills, including but not limited
to:
(i) recreational activities
(ii) musical and artistic activities
(iii) opportunities to use advanced technology, particularly for
those students who do not have access to computers or
telecommunications at home.
(iv) activities that encourage adult family members to support
their children’s academic achievement.
(v) youth development activities, including drug and violence
prevention programs.
(c) In addition to the components described in subdivision
(b), eligible middle school afterschool programs must provide
career pathway and postsecondary education guidance and counseling.
(4) A grant application shall be submitted to the department
in a form and manner prescribed by the department. To be considered
for a grant under this section, a grant application must provide at
least all of the following:
(a) A plan for the delivery of the program components
described in subsection (3).
(b) Evidence of adequate collaboration of local entities
involved in providing programs and services for school age
children. A letter of support or collaboration from an area multi-
purpose collaborative body is one form of sufficient evidence.
(c) A projected budget for each of the program sites to be
funded. Allowable expenses shall be determined by the department.
(d) For those school buildings that do not meet the priority
described in subsection (2)(b), districts must provide at least a
20% local match from local public or private resources for that
school building, which may be satisfied through in-kind services
provided by community-based organizations.
(e) Districts receiving a grant under this section must agree
to set aside one and one-half percent of the grant award for data
collection and statewide evaluation.
(f) Districts receiving a grant under this section may
contract for the provision of the afterschool program and retain
for administrative services an amount equal to not more than 5% of
the grant amount. A district may expend not more than 10% of the
total grant amount for administration of the program.
(g) A Provision for implementing a sliding scale of tuition
based upon a student’s family income. Tuition may not be charged to
a student whose family income is at or below 250% of the federal
poverty guidelines published by the United States department of
health and human services.
(h) If the program is provided in a non-school facility, the
facility must be licensed as a child care center and must be at
least as available and as accessible to students as the school
building. Applications must address how students will be safely
transported or escorted to and from off-campus locations.
(5) Subject to available revenues, funding to districts under
this section is intended to be the first year of 5 years of
funding. Funds allocated under this section may be expended through
the end of the following fiscal year.
(6) For the purposes of this section, "middle school
afterschool program" is defined as a program serving students in
grades 6, 7, or 8, except in a K-6 building or an 8-12 building.
Sec. 39a. (1) From the federal funds appropriated in section
11, there is allocated for 2005-2006
2006-2007 to districts,
intermediate districts, and other eligible entities all available
federal funding, estimated at $652,919,600.00
$636,978,000.00, for
the federal programs under the no child left behind act of 2001,
Public Law 107-110. These funds are allocated as follows:
(a)
An amount estimated at $12,050,500.00 $9,625,800.00 to
provide students PUPILS with
drug-and violence-prevention programs
and to implement strategies to improve school safety, funded from
DED-OESE, drug-free schools and communities funds.
(b)
An amount estimated at $9,401,400.00 $6,140,900.00 for the
purpose of improving teaching and learning through a more effective
use of technology, funded from DED-OESE, educational technology
state grant funds.
(c) An amount estimated at $106,249,200.00 for the purpose of
preparing, training, and recruiting high-quality teachers and class
size reduction, funded from DED-OESE, improving teacher quality
funds.
(d) An amount estimated at $7,627,400.00 for programs to teach
English to limited English proficient (LEP) children, funded from
DED-OESE, language acquisition state grant funds.
(e) An amount estimated at $8,550,000.00 for the Michigan
charter school subgrant program, funded from DED-OESE, charter
school funds.
(f) An amount estimated at $58,000.00 for Michigan model
partnership for character education programs, funded from DED-OESE,
title X, fund for improvement of education funds.
(g) An amount estimated at $468,700.00 for rural and low
income schools, funded from DED-OESE, rural and low income school
funds.
(h)
An amount estimated at $6,231,800.00 $3,115,900.00 to help
schools develop and implement comprehensive school reform programs,
funded from DED-OESE, title I and title X, comprehensive school
reform funds.
(i) An amount estimated at $428,860,300.00 to provide
supplemental programs to enable educationally disadvantaged
children to meet challenging academic standards, funded from DED-
OESE, title I, disadvantaged children funds.
(j)
An amount estimated at $6,314,100.00 $3,022,700.00 for the
purpose of providing unified family literacy programs, funded from
DED-OESE, title I, even start funds.
(k) An amount estimated at $8,186,200.00 for the purpose of
identifying and serving migrant children, funded from DED-OESE,
title I, migrant education funds.
(l) An amount estimated at $22,928,000.00 to promote high-
quality school reading instruction for grades K-3, funded from DED-
OESE, title I, reading first state grant funds.
(m)
An amount estimated at $5,698,000.00 $2,848,900.00 for the
purpose of implementing innovative
strategies for improving student
PUPIL achievement, funded from DED-OESE, title VI, innovative
strategies funds.
(n) An amount estimated at $29,296,000.00 for the purpose of
providing high-quality extended learning opportunities, after
school and during the summer, for children in low-performing
schools, funded from DED-OESE, twenty-first century community
learning center funds. Of these funds, $25,000.00 may be used to
support the Michigan after-school partnership. All of the following
apply to the Michigan after-school partnership:
(i) The department shall collaborate with the department of
human services to extend the duration of the Michigan after-school
initiative, to be renamed the Michigan after-school partnership and
oversee its efforts to implement the policy recommendations and
strategic next steps identified in the Michigan after-school
initiative's report of December 15, 2003.
(ii) Funds shall be used to leverage other private and public
funding to engage the public and private sectors in building and
sustaining high-quality out-of-school-time programs and resources.
The co-chairs, representing the department and the department of
human services, shall name a fiduciary agent and may authorize the
fiduciary to expend funds and hire people to accomplish the work of
the Michigan after-school partnership.
(iii) Participation in the Michigan after-school partnership
shall be expanded beyond the membership of the initial Michigan
after-school initiative to increase the representation of parents,
youth, foundations, employers, and others with experience in
education, child care, after-school and youth development services,
and crime and violence prevention, and to include representation
from the Michigan department of community health. Each year, on or
before December 31, the Michigan after-school partnership shall
report its progress in reaching the recommendations set forth in
the Michigan after-school initiative's report to the legislature
and the governor.
(o)
An amount estimated at $1,000,000.00 for community service
state grants, funded from DED-OESE,
community service state grant
funds.
(2) From the federal funds appropriated in section 11, there
is allocated for 2005-2006 2006-2007
to districts, intermediate
districts, and other eligible entities all available federal
funding, estimated at $4,646,400.00, for the following programs
that are funded by federal grants:
(a) An amount estimated at $600,000.00 for acquired
immunodeficiency syndrome education grants, funded from HHS-center
for disease control, AIDS funding.
(b) An amount estimated at $1,500,100.00 to provide services
to homeless children and youth, funded from DED-OVAE, homeless
children and youth funds.
(c) An amount estimated at $1,000,000.00 for refugee children
school impact grants, funded from HHS-ACF, refugee children school
impact funds.
(d) An amount estimated at $1,445,600.00 for serve America
grants, funded from the corporation for national and community
service funds.
(e) An amount estimated at $100,700.00 to encourage interstate
and intrastate coordination of migrant education, funded from DED-
OESE, title I, migrant education program funds.
(3) To the extent allowed under federal law, the funds
allocated under subsection (1)(i), (j), and (l) may be used for 1 or
more reading improvement programs that meet at least 1 of the
following:
(a) A research-based, validated, structured reading program
that aligns learning resources to state standards and includes
continuous assessment of pupils and individualized education plans
for pupils.
(b) A mentoring program that is a research-based, validated
program or a statewide 1-to-1 mentoring program and is designed to
enhance the independence and life quality of pupils who are
mentally impaired by providing opportunities for mentoring and
integrated employment.
(c) A cognitive development program that is a research-based,
validated educational service program focused on assessing and
building essential cognitive and perceptual learning abilities to
strengthen pupil concentration and learning.
(d) A structured mentoring-tutorial reading program for pupils
in preschool to grade 4 that is a research-based, validated program
that develops individualized educational plans based on each
pupil's age, assessed needs, reading level, interests, and learning
style.
(4) All federal funds allocated under this section shall be
distributed in accordance with federal law and with flexibility
provisions outlined in Public Law 107-116, and in the education
flexibility partnership act of 1999, Public Law 106-25.
Notwithstanding section 17b, payments of federal funds to
districts, intermediate districts, and other eligible entities
under this section shall be paid on a schedule determined by the
department.
(5) As used in this section:
(a) "DED" means the United States department of education.
(b) "DED-OESE" means the DED office of elementary and
secondary education.
(c) "DED-OVAE" means the DED office of vocational and adult
education.
(d) "HHS" means the United States department of health and
human services.
(e) "HHS-ACF" means the HHS administration for children and
families.
Sec. 41. From the appropriation in section 11, there is
allocated an amount not to exceed
$2,800,000.00 for 2005-2006 2006-
2007 to applicant districts and intermediate districts offering
programs of instruction for pupils of limited English-speaking
ability under section 1153 of the revised school code, MCL
380.1153. Reimbursement shall be on a per pupil basis and shall be
based on the number of pupils of limited English-speaking ability
in membership on the pupil membership count day. Funds allocated
under this section shall be used solely for instruction in
speaking, reading, writing, or comprehension of English. A pupil
shall not be counted under this section or instructed in a program
under this section for more than 3 years.
Sec. 41a. From the federal funds appropriated in section 11,
there is allocated an amount estimated
at $1,232,100.00 for 2005-
2006 2006-2007 from the
United States department of education -
office of elementary and secondary education, language acquisition
state grant funds, to districts and intermediate districts offering
programs of instruction for pupils of limited English-speaking
ability.
Sec. 51a. (1) From the appropriation in section 11, there is
allocated for 2004-2005 2005-2006
an amount not to exceed
$896,383,000.00 $936,083,000.00
from state sources and all
available federal funding under sections 611 to 619 of part B of
the individuals with disabilities education act, 20 USC 1411 to
1419, estimated at $329,850,000.00
$345,850,000.00 plus any
carryover federal funds from previous year appropriations. From the
appropriation in section 11, there is
allocated for 2005-2006 2006-
2007 an amount not to exceed $955,883,000.00
$991,683,000.00 from
state sources and all available federal funding under sections 611
to 619 of part B of the individuals with disabilities education
act, 20 USC 1411 to 1419, estimated at $345,850,000.00,
$350,700,000.00 plus any carryover federal funds from previous year
appropriations. The allocations under this subsection are for the
purpose of reimbursing districts and intermediate districts for
special education programs, services, and special education
personnel as prescribed in article 3 of the revised school code,
MCL 380.1701 to 380.1766; net tuition payments made by intermediate
districts to the Michigan schools for the deaf and blind; and
special education programs and services for pupils who are eligible
for special education programs and services according to statute or
rule. For meeting the costs of special education programs and
services not reimbursed under this article, a district or
intermediate district may use money in general funds or special
education funds, not otherwise restricted, or contributions from
districts to intermediate districts, tuition payments, gifts and
contributions from individuals, or federal funds that may be
available for this purpose, as determined by the intermediate
district plan prepared pursuant to article 3 of the revised school
code, MCL 380.1701 to 380.1766. All federal funds allocated under
this section in excess of those allocated under this section for
2002-2003 may be distributed in accordance with the flexible
funding provisions of the individuals with disabilities education
act, title VI of Public Law 91-230
108-446, including, but not
limited to, 34 CFR 300.234 and 300.235. Notwithstanding section
17b, payments of federal funds to districts, intermediate
districts, and other eligible entities under this section shall be
paid on a schedule determined by the department.
(2) From the funds allocated under subsection (1), there is
allocated each fiscal year for
2004-2005 and for 2005-2006 AND
2006-2007 the amount necessary,
estimated at $175,500,000.00 for
2004-2005 and $187,700,000.00 $193,500,000.00
for 2005-2006 AND
$207,300,000.00 FOR 2006-2007, for payments toward reimbursing
districts and intermediate districts for 28.6138% of total approved
costs of special education, excluding costs reimbursed under
section 53a, and 70.4165% of total approved costs of special
education transportation. Allocations under this subsection shall
be made as follows:
(a) The initial amount allocated to a district under this
subsection toward fulfilling the specified percentages shall be
calculated by multiplying the district's special education pupil
membership, excluding pupils described in subsection (12), times
the sum of the foundation allowance under section 20 of the pupil's
district of residence plus the amount of the district's per pupil
allocation under section 20j(2), not to exceed $6,500.00 adjusted
by the dollar amount of the difference between the basic foundation
allowance under section 20 for the current fiscal year and
$5,000.00 minus $200.00, or, for a special education pupil in
membership in a district that is a public school academy or
university school, times an amount equal to the amount per
membership pupil calculated under section 20(6). For an
intermediate district, the amount allocated under this subdivision
toward fulfilling the specified percentages shall be an amount per
special education membership pupil, excluding pupils described in
subsection (12), and shall be calculated in the same manner as for
a district, using the foundation allowance under section 20 of the
pupil's district of residence, not to exceed $6,500.00 adjusted by
the dollar amount of the difference between the basic foundation
allowance under section 20 for the current fiscal year and
$5,000.00 minus $200.00, and that district's per pupil allocation
under section 20j(2).
(b) After the allocations under subdivision (a), districts and
intermediate districts for which the payments under subdivision (a)
do not fulfill the specified percentages shall be paid the amount
necessary to achieve the specified percentages for the district or
intermediate district.
(3) From the funds allocated under subsection (1), there is
allocated each fiscal year for
2004-2005 and for 2005-2006 AND
2006-2007 the amount necessary,
estimated at $3,000,000.00 for
2004-2005 and $2,500,000.00 $1,900,000.00
for 2005-2006 AND
$1,900,000.00 FOR 2006-2007, to make payments to districts and
intermediate districts under this subsection. If the amount
allocated to a district or intermediate district for a fiscal year
under subsection (2)(b) is less than the sum of the amounts
allocated to the district or intermediate district for 1996-97
under sections 52 and 58, there is allocated to the district or
intermediate district for the fiscal year an amount equal to that
difference, adjusted by applying the same proration factor that was
used in the distribution of funds under section 52 in 1996-97 as
adjusted to the district's or intermediate district's necessary
costs of special education used in calculations for the fiscal
year. This adjustment is to reflect reductions in special education
program operations or services between 1996-97 and subsequent
fiscal years. Adjustments for reductions in special education
program operations or services shall be made in a manner determined
by the department and shall include adjustments for program or
service shifts.
(4) If the department determines that the sum of the amounts
allocated for a fiscal year to a district or intermediate district
under subsection (2)(a) and (b) is not sufficient to fulfill the
specified percentages in subsection (2), then the shortfall shall
be paid to the district or intermediate district during the fiscal
year beginning on the October 1 following the determination and
payments under subsection (3) shall be adjusted as necessary. If
the department determines that the sum of the amounts allocated for
a fiscal year to a district or intermediate district under
subsection (2)(a) and (b) exceeds the sum of the amount necessary
to fulfill the specified percentages in subsection (2), then the
department shall deduct the amount of the excess from the
district's or intermediate district's payments under this act for
the fiscal year beginning on the October 1 following the
determination and payments under subsection (3) shall be adjusted
as necessary. However, if the amount allocated under subsection
(2)(a) in itself exceeds the amount necessary to fulfill the
specified percentages in subsection (2), there shall be no
deduction under this subsection.
(5) State funds shall be allocated on a total approved cost
basis. Federal funds shall be allocated under applicable federal
requirements, except that an amount not to exceed $3,500,000.00 may
be allocated by the department each
fiscal year for 2004-2005 and
for 2005-2006 AND FOR 2006-2007 to districts, intermediate
districts, or other eligible entities on a competitive grant basis
for programs, equipment, and services that the department
determines to be designed to benefit or improve special education
on a statewide scale.
(6) From the amount allocated in subsection (1), there is
allocated an amount not to exceed $2,200,000.00 each fiscal year
for 2004-2005 and for 2005-2006 AND
FOR 2006-2007 to reimburse 100%
of the net increase in necessary costs incurred by a district or
intermediate district in implementing the revisions in the
administrative rules for special education that became effective on
July 1, 1987. As used in this subsection, "net increase in
necessary costs" means the necessary additional costs incurred
solely because of new or revised requirements in the administrative
rules minus cost savings permitted in implementing the revised
rules. Net increase in necessary costs shall be determined in a
manner specified by the department.
(7) For purposes of this article, all of the following apply:
(a) "Total approved costs of special education" shall be
determined in a manner specified by the department and may include
indirect costs, but shall not exceed 115% of approved direct costs
for section 52 and section 53a programs. The total approved costs
include salary and other compensation for all approved special
education personnel for the program, including payments for social
security and medicare and public school employee retirement system
contributions. The total approved costs do not include salaries or
other compensation paid to administrative personnel who are not
special education personnel as defined in section 6 of the revised
school code, MCL 380.6. Costs reimbursed by federal funds, other
than those federal funds included in the allocation made under this
article, are not included. Special education approved personnel not
utilized full time in the evaluation of
students PUPILS or in the
delivery of special education programs, ancillary, and other
related services shall be reimbursed under this section only for
that portion of time actually spent providing these programs and
services, with the exception of special education programs and
services provided to youth placed in child caring institutions or
juvenile detention programs approved by the department to provide
an on-grounds education program.
(b) Except as otherwise provided in subdivision (c), beginning
with the 2004-2005 fiscal year, a district or intermediate district
that employed special education support services staff to provide
special education support services in 2003-2004 or in a subsequent
fiscal year and that in a fiscal year after 2003-2004 receives the
same type of support services from another district or intermediate
district shall report the cost of those support services for
special education reimbursement purposes under this act. This
subdivision does not prohibit the transfer of special education
classroom teachers and special education classroom aides if the
pupils counted in membership associated with those special
education classroom teachers and special education classroom aides
are transferred and counted in membership in the other district or
intermediate district in conjunction with the transfer of those
teachers and aides.
(c)
If the department determines before bookclosing for 2004-
2005 that the amounts allocated
under this section for 2004-2005
will exceed expenditures under this
section for 2004-2005, then for
2004-2005 only, for a district or
intermediate district whose
reimbursement for 2004-2005 would
otherwise be affected by
subdivision (b), subdivision (b)
does not apply to the calculation
of the reimbursement for that
district or intermediate district and
reimbursement for that district or
intermediate district shall be
calculated in the same manner as it
was for 2003-2004. If the
amount of the excess allocations
under this section is not
sufficient to fully fund the
calculation of reimbursement to those
districts and intermediate districts
under this subdivision, then
the calculations and resulting
reimbursement under this subdivision
shall be prorated on an equal
percentage basis.
(C) (d) Reimbursement for
ancillary and other related
services, as defined by R 340.1701c of the Michigan administrative
code, shall not be provided when those services are covered by and
available through private group health insurance carriers or
federal reimbursed program sources unless the department and
district or intermediate district agree otherwise and that
agreement is approved by the state budget director. Expenses, other
than the incidental expense of filing, shall not be borne by the
parent. In addition, the filing of claims shall not delay the
education of a pupil. A district or intermediate district shall be
responsible for payment of a deductible amount and for an advance
payment required until the time a claim is paid.
(8) From the allocation in subsection (1), there is allocated
each fiscal year for 2004-2005 and
for 2005-2006 AND FOR 2006-2007
an amount not to exceed $15,313,900.00 to intermediate districts.
The payment under this subsection to each intermediate district
shall be equal to the amount of the 1996-97 allocation to the
intermediate district under subsection (6) of this section as in
effect for 1996-97.
(9) A pupil who is enrolled in a full-time special education
program conducted or administered by an intermediate district or a
pupil who is enrolled in the Michigan schools for the deaf and
blind shall not be included in the membership count of a district,
but shall be counted in membership in the intermediate district of
residence.
(10) Special education personnel transferred from 1 district
to another to implement the revised school code shall be entitled
to the rights, benefits, and tenure to which the person would
otherwise be entitled had that person been employed by the
receiving district originally.
(11) If a district or intermediate district uses money
received under this section for a purpose other than the purpose or
purposes for which the money is allocated, the department may
require the district or intermediate district to refund the amount
of money received. Money that is refunded shall be deposited in the
state treasury to the credit of the state school aid fund.
(12) From the funds allocated in subsection (1), there is
allocated each fiscal year for
2004-2005 and for 2005-2006 AND FOR
2006-2007 the amount necessary,
estimated at $7,000,000.00 for
2004-2005 and $6,600,000.00 $6,500,000.00
for 2005-2006 AND
$6,800,000.00 FOR 2006-2007, to pay the foundation allowances for
pupils described in this subsection. The allocation to a district
under this subsection shall be calculated by multiplying the number
of pupils described in this subsection who are counted in
membership in the district times the sum of the foundation
allowance under section 20 of the pupil's district of residence
plus the amount of the district's per pupil allocation under
section 20j(2), not to exceed $6,500.00 adjusted by the dollar
amount of the difference between the basic foundation allowance
under section 20 for the current fiscal year and $5,000.00 minus
$200.00, or, for a pupil described in this subsection who is
counted in membership in a district that is a public school academy
or university school, times an amount equal to the amount per
membership pupil under section 20(6). The allocation to an
intermediate district under this subsection shall be calculated in
the same manner as for a district, using the foundation allowance
under section 20 of the pupil's district of residence, not to
exceed $6,500.00 adjusted by the dollar amount of the difference
between the basic foundation allowance under section 20 for the
current fiscal year and $5,000.00 minus $200.00, and that
district's per pupil allocation under section 20j(2). This
subsection applies to all of the following pupils:
(a) Pupils described in section 53a.
(b) Pupils counted in membership in an intermediate district
who are not special education pupils and are served by the
intermediate district in a juvenile detention or child caring
facility.
(c) Emotionally impaired pupils counted in membership by an
intermediate district and provided educational services by the
department of community health.
(13) After payments under subsections (2) and (12) and section
51c, the remaining expenditures from the allocation in subsection
(1) shall be made in the following order:
(a) 100% of the reimbursement required under section 53a.
(b) 100% of the reimbursement required under subsection (6).
(c) 100% of the payment required under section 54.
(d) 100% of the payment required under subsection (3).
(e) 100% of the payment required under subsection (8).
(f) 100% of the payments under section 56.
(14) The allocations under subsection (2), subsection (3), and
subsection (12) shall be allocations to intermediate districts only
and shall not be allocations to districts, but instead shall be
calculations used only to determine the state payments under
section 22b.
Sec. 51c. As required by the court in the consolidated cases
known as Durant v State of Michigan, Michigan supreme court docket
no. 104458-104492, from the allocation under section 51a(1), there
is allocated each fiscal year for
2004-2005 and for 2005-2006 AND
FOR 2006-2007 the amount
necessary, estimated at $642,000,000.00
for 2004-2005 and $690,200,000.00
$665,300,000.00 for 2005-2006 AND
$706,800,000.00 FOR 2006-2007, for payments to reimburse districts
for 28.6138% of total approved costs of special education excluding
costs reimbursed under section 53a, and 70.4165% of total approved
costs of special education transportation. Funds allocated under
this section that are not expended in the state fiscal year for
which they were allocated, as determined by the department, may be
used to supplement the allocations under sections 22a and 22b in
order to fully fund those calculated allocations for the same
fiscal year.
Sec. 51d. (1) From the federal funds appropriated in section
11, there is allocated for 2005-2006
2006-2007 all available
federal funding, estimated at $65,000,000.00,
$74,000,000.00 for
special education programs that are funded by federal grants. All
federal funds allocated under this section shall be distributed in
accordance with federal law. Notwithstanding section 17b, payments
of federal funds to districts, intermediate districts, and other
eligible entities under this section shall be paid on a schedule
determined by the department.
(2) From the federal funds allocated under subsection (1), the
following amounts are allocated for 2005-2006
2006-2007:
(a) An amount estimated at $15,000,000.00 for handicapped
infants and toddlers, funded from DED-OSERS, handicapped infants
and toddlers funds.
(b) An amount estimated at $14,000,000.00 for preschool grants
(Public Law 94-142), funded from DED-OSERS, handicapped preschool
incentive funds.
(c)
An amount estimated at $36,000,000.00 $45,000,000.00 for
special education programs funded by DED-OSERS, handicapped
program, individuals with disabilities act funds.
(3) As used in this section, "DED-OSERS" means the United
States department of education office of special education and
rehabilitative services.
Sec. 53a. (1) For districts, reimbursement for pupils
described in subsection (2) shall be 100% of the total approved
costs of operating special education programs and services approved
by the department and included in the intermediate district plan
adopted pursuant to article 3 of the revised school code, MCL
380.1701 to 380.1766, minus the district's foundation allowance
calculated under section 20, and minus the amount calculated for
the district under section 20j. For intermediate districts,
reimbursement for pupils described in section
SUBSECTION (2) shall
be calculated in the same manner as for a district, using the
foundation allowance under section 20 of the pupil's district of
residence, not to exceed $6,500.00 adjusted by the dollar amount of
the difference between the basic foundation allowance under section
20 for the current fiscal year and $5,000.00, minus $200.00, and
under section 20j.
(2) Reimbursement under subsection (1) is for the following special
education pupils:
(a) Pupils assigned to a district or intermediate district
through the community placement program of the courts or a state
agency, if the pupil was a resident of another intermediate
district at the time the pupil came under the jurisdiction of the
court or a state agency.
(b) Pupils who are residents of institutions operated by the
department of community health.
(c) Pupils who are former residents of department of community
health institutions for the developmentally disabled who are placed
in community settings other than the pupil's home.
(d) Pupils enrolled in a department-approved on-grounds
educational program longer than 180 days, but not longer than 233
days, at a residential child care institution, if the child care
institution offered in 1991-92 an on-grounds educational program
longer than 180 days but not longer than 233 days.
(e) Pupils placed in a district by a parent for the purpose of
seeking a suitable home, if the parent does not reside in the same
intermediate district as the district in which the pupil is placed.
(3) Only those costs that are clearly and directly
attributable to educational programs for pupils described in
subsection (2), and that would not have been incurred if the pupils
were not being educated in a district or intermediate district, are
reimbursable under this section.
(4) The costs of transportation shall be funded under this
section and shall not be reimbursed under section 58.
(5)
Not more than $12,800,000.00 of the allocation for 2005-
2006 2006-2007 in section
51a(1) shall be allocated under this
section.
Sec.
54. In addition to the aid received under section 52,
each EACH intermediate
district shall receive an amount per pupil
for each pupil in attendance at the Michigan schools for the deaf
and blind. The amount shall be proportionate to the total
instructional cost at each school. Not more than $1,688,000.00 of
the allocation for 2005-2006 2006-2007
in section 51a(1) shall be
allocated under this section.
Sec. 54a. From the state school aid fund money appropriated in
section 11, there is allocated an amount not to exceed $250,000.00
for 2005-2006 2006-2007 to
the lending library located at central
michigan university from which districts and intermediate districts
can borrow assessment materials designed specifically for children
with severe loss of vision or hearing, severe cognitive or motor
disabilities, or multiple disabilities and for children who require
the most specialized types of psychological and educational
assessment. The lending library shall make test assessment
materials available through borrowing to districts and intermediate
districts. The lending library shall also provide information about
the lending library at meetings and conferences for school
personnel and shall develop a website to describe the services
offered by the lending library. The lending library SHALL also
should mail information about
the services offered by the lending
library to all districts and intermediate districts.
Sec. 56. (1) For the purposes of this section:
(a) "Membership" means for a particular fiscal year the total
membership for the immediately preceding fiscal year of the
intermediate district and the districts constituent to the
intermediate district.
(b) "Millage levied" means the millage levied for special
education pursuant to part 30 of the revised school code, MCL
380.1711 to 380.1743, including a levy for debt service
obligations.
(c) "Taxable value" means the total taxable value of the
districts constituent to an intermediate district, except that if a
district has elected not to come under part 30 of the revised
school code, MCL 380.1711 to 380.1743, membership and taxable value
of the district shall not be included in the membership and taxable
value of the intermediate district.
(2) From the allocation under section 51a(1), there is
allocated FOR EACH FISCAL YEAR an amount not to exceed
$36,881,100.00 for 2005-2006 AND 2006-2007 to reimburse
intermediate districts levying millages for special education
pursuant to part 30 of the revised school code, MCL 380.1711 to
380.1743. The purpose, use, and expenditure of the reimbursement
shall be limited as if the funds were generated by these millages
and governed by the intermediate district plan adopted pursuant to
article 3 of the revised school code, MCL 380.1701 to 380.1766. As
a condition of receiving funds under this section, an intermediate
district distributing any portion of special education millage
funds to its constituent districts shall submit for departmental
approval and implement a distribution plan.
(3) Reimbursement for those millages levied in 2004-2005 shall
be made in 2005-2006 at an amount per 2004-2005 membership pupil
computed by subtracting from $142,100.00
$142,900.00 the 2004-2005
taxable value behind each membership pupil and multiplying the
resulting difference by the 2004-2005 millage levied. Reimbursement
for those millages levied in 2005-2006 shall be made in 2006-2007
at an amount per 2005-2006 membership pupil computed by subtracting
from $150,900.00 the 2005-2006 taxable value behind each membership
pupil and multiplying the resulting difference by the 2005-2006
millage levied.
Sec. 57. (1) From the appropriation in section 11, there is
allocated an amount not to exceed
$285,000.00 for 2005-2006 2006-
2007 for grants to intermediate districts for advanced and
accelerated students PUPILS.
(2) To qualify for funding under this section, a grant
recipient shall support part of the cost of summer institutes for
advanced and accelerated students
PUPILS and, to the extent the
funding allows, provide comprehensive programs for advanced and
accelerated pupils.
(3) Except as otherwise provided in this subsection, the
amount of a single grant award under this section shall not exceed
$5,000.00. Intermediate districts may form a consortium, and that
consortium may receive a maximum grant amount of $5,000.00 for each
participant intermediate district. Each intermediate district or
consortium must apply for grant funding
by April 1, 2006 2007 and
demonstrate compliance with subsection (2).
(4) A district, intermediate district, or consortium that
receives a grant under this section shall provide at least a 25%
match for grant money received under this section from local public
or private resources.
(5) Any unallocated grant funds may be allocated to
intermediate districts and consortia receiving grants under this
section in an equal amount per intermediate district.
Sec. 61a. (1) From the appropriation in section 11, there is
allocated an amount not to exceed
$30,000,000.00 for 2005-2006
2006-2007 to reimburse on an added cost basis districts, except for
a district that served as the fiscal agent for a vocational
education consortium in the 1993-94 school year, and secondary area
vocational-technical education centers for secondary-level
vocational-technical education programs, including parenthood
education programs, according to rules approved by the
superintendent. Applications for participation in the programs
shall be submitted in the form prescribed by the department. The
department shall determine the added cost for each vocational-
technical program area. The allocation of added cost funds shall be
based on the type of vocational-technical programs provided, the
number of pupils enrolled, and the length of the training period
provided, and shall not exceed 75% of the added cost of any
program. With the approval of the department, the board of a
district maintaining a secondary vocational-technical education
program may offer the program for the period from the close of the
school year until September 1. The program shall use existing
facilities and shall be operated as prescribed by rules promulgated
by the superintendent.
(2) Except for a district that served as the fiscal agent for
a vocational education consortium in the 1993-94 school year,
districts and intermediate districts shall be reimbursed for local
vocational administration, shared time vocational administration,
and career education planning district vocational-technical
administration. The definition of what constitutes administration
and reimbursement shall be pursuant to guidelines adopted by the
superintendent. Not more than $800,000.00 of the allocation in
subsection (1) shall be distributed under this subsection.
(3) From the allocation in subsection (1), there is allocated
an amount not to exceed $388,700.00 for
2005-2006 2006-2007 to
intermediate districts with constituent districts that had combined
state and local revenue per membership pupil in the 1994-95 state
fiscal year of $6,500.00 or more, served as a fiscal agent for a
state board designated area vocational education center in the
1993-94 school year, and had an adjustment made to their 1994-95
combined state and local revenue per membership pupil pursuant to
section 20d. The payment under this subsection to the intermediate
district shall equal the amount of the allocation to the
intermediate district for 1996-97 under this subsection.
Sec. 62. (1) For the purposes of this section:
(a) "Membership" means for a particular fiscal year the total
membership for the immediately preceding fiscal year of the
intermediate district and the districts constituent to the
intermediate district or the total membership for the immediately
preceding fiscal year of the area vocational-technical program.
(b) "Millage levied" means the millage levied for area
vocational-technical education pursuant to sections 681 to 690 of
the revised school code, MCL 380.681 to 380.690, including a levy
for debt service obligations incurred as the result of borrowing
for capital outlay projects and in meeting capital projects fund
requirements of area vocational-technical education.
(c) "Taxable value" means the total taxable value of the
districts constituent to an intermediate district or area
vocational-technical education program, except that if a district
has elected not to come under sections 681 to 690 of the revised
school code, MCL 380.681 to 380.690, the membership and taxable
value of that district shall not be included in the membership and
taxable value of the intermediate district. However, the membership
and taxable value of a district that has elected not to come under
sections 681 to 690 of the revised school code, MCL 380.681 to
380.690, shall be included in the membership and taxable value of
the intermediate district if the district meets both of the
following:
(i) The district operates the area vocational-technical
education program pursuant to a contract with the intermediate
district.
(ii) The district contributes an annual amount to the operation
of the program that is commensurate with the revenue that would
have been raised for operation of the program if millage were
levied in the district for the program under sections 681 to 690 of
the revised school code, MCL 380.681 to 380.690.
(2) From the appropriation in section 11, there is allocated
FOR EACH FISCAL YEAR an amount not to exceed $9,000,000.00 for
2005-2006 AND FOR 2006-2007 to reimburse intermediate districts and
area vocational-technical education programs established under
section 690(3) of the revised school code, MCL 380.690, levying
millages for area vocational-technical education pursuant to
sections 681 to 690 of the revised school code, MCL 380.681 to
380.690. The purpose, use, and expenditure of the reimbursement
shall be limited as if the funds were generated by those millages.
(3) Reimbursement for the millages levied in 2004-2005 shall
be made in 2005-2006 at an amount per 2004-2005 membership pupil
computed by subtracting from $151,200.00
$152,000.00 the 2004-2005
taxable value behind each membership pupil and multiplying the
resulting difference by the 2004-2005 millage levied. Reimbursement
for the millages levied in 2005-2006 shall be made in 2006-2007 at
an amount per 2005-2006 membership pupil computed by subtracting
from $160,300.00 the 2005-2006 taxable value behind each membership
pupil and multiplying the resulting difference by the 2005-2006
millage levied.
Sec. 64. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $5,000,000.00 for grants to
intermediate districts or a district of the first class that are in
consortium with a community college and a hospital to create and
implement a middle college focused on the field of health sciences.
(2) Awards shall be made in a manner and form as determined by
the department; however, at a minimum, eligible consortia funded
under this section shall ensure the middle college provides all of
the following:
(a) Outreach programs to provide information to middle school
and high school students about career opportunities in the health
sciences field.
(b) An individualized education plan for each pupil enrolled
in the program.
(c) Curriculum that includes entry-level college courses.
(d) Clinical rotations that provide opportunities for pupils
to observe careers in the health sciences.
(3) For the purposes of this section, "middle college" is
defined as a series of courses and other requirements and
conditions established by the consortium that allow a pupil to
graduate with a high school diploma and a certificate or associate
degree from a community college.
Sec. 65. (1) from the amount appropriated in section 11, there
is allocated an amount not to exceed $680,100.00 for 2006-2007 FOR
2 GRANTS TO DISTRICTS OR INTERMEDIATE DISTRICTS, AS DETERMINED BY
THE DEPARTMENT OF LABOR AND ECONOMIC GROWTH, for ELIGIBLE
precollege programs in engineering and the sciences.
(2) The department of labor and economic growth shall give
preference in awarding the grants allocated in subsection (1) to
eligible existing precollege programs in engineering and sciences
that received funds appropriated in the department of labor and
economic growth budget for such purposes in 2005-2006.
(3) The department of labor and economic growth shall submit a
report to the subcommittees and the fiscal agencies by February 1,
2007 regarding dropout rates, grade point averages, enrollment in
science, engineering, and math-based curricula, and employment in
science, engineering, and math-based fields for students enrolled
in the programs awarded funds under this section. The report shall
continue to evaluate the effectiveness of the precollege programs
in engineering and sciences funded under this section.
Sec. 66. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $1,000,000.00 for grants to
intermediate districts or consortiums of intermediate districts and
community colleges to aid the department and the department of
labor and economic growth in identifying existing career and
technical education curricula and developing new career and
technical education curricula that incorporate the Michigan merit
core content standards and credit requirements.
(2) Grant applications shall be submitted to the department in
a form and manner prescribed by the department.
(3) Curricula, classroom materials, and related professional
development designs and materials created using these grant funds
must be made available to all districts.
(4) The department shall award grants to eligible recipients
in a form and manner prescribed by the department; however, the
department shall give priority to grant proposals that provide the
most innovative and cost-effective approaches to revolutionizing
career and technical education to prepare students for work and
postsecondary education in the 21st century.
Sec. 74. (1) From the amount appropriated in section 11, there
is allocated an amount not to exceed $1,625,000.00
$2,965,000.00
for 2005-2006 2006-2007 for
the purposes of subsections (2) and
(3). PUPIL TRANSPORTATION
SAFETY PROGRAMS.
(2) From the allocation in subsection (1), there is allocated
each fiscal year the amount necessary for payments to state
supported colleges or universities and intermediate districts
providing school bus driver safety instruction or driver skills
road tests pursuant to sections 51 and 52 of the pupil
transportation act, 1990 PA 187, MCL 257.1851 and 257.1852. The
payments shall be in an amount determined by the department not to
exceed 75% of the actual cost of instruction and driver
compensation for each public or nonpublic school bus driver
attending a course of instruction. For the purpose of computing
compensation, the hourly rate allowed each school bus driver shall
not exceed the hourly rate received for driving a school bus.
Reimbursement compensating the driver during the course of
instruction or driver skills road tests shall be made by the
department to the college or university or intermediate district
providing the course of instruction.
(3) From the allocation in subsection (1), there is allocated
each fiscal year the amount necessary to pay the reasonable costs
of nonspecial education auxiliary services transportation provided
pursuant to section 1323 of the revised school code, MCL 380.1323.
Districts funded under this subsection shall not receive funding
under any other section of this act for nonspecial education
auxiliary services transportation.
(4) FROM THE FUNDS ALLOCATED IN SUBSECTION (1), THERE IS
ALLOCATED AN amount not to exceed $1,340,000.00 for 2006-2007 for
reimbursement to districts AND INTERMEDIATE DISTRICTS for costs
associated with the inspection of school buses AND PUPIL
TRANSPORTATION VEHICLES by the department of state police AS
REQUIRED under section 715a of the Michigan vehicle code, 1949 PA
300, MCL 257.715a, and section 39 of the pupil transportation act,
1990 PA 187, MCL 257.1839. the department of state police shall
prepare a statement of costs attributable to each district for
which bus inspections are provided AND SUBMIT IT TO THE DEPARTMENT
AND TO EACH AFFECTED DISTRICT IN A TIME AND MANNER DETERMINED
JOINTLY BY THE DEPARTMENT AND THE DEPARTMENT OF STATE POLICE. the
department shall reimburse EACH district AND INTERMEDIATE DISTRICT
FOR COSTS DETAILED ON THE STATEMENT WITHIN 30 DAYS AFTER RECEIPT OF
THE STATEMENT. DISTRICTS FOR WHICH SERVICES ARE PROVIDED SHALL MAKE
PAYMENT IN THE AMOUNT SPECIFIED ON THE STATEMENT TO THE DEPARTMENT
OF STATE POLICE WITHIN 45 DAYS AFTER RECEIPT OF THE STATEMENT. THE
TOTAL REIMBURSEMENT OF COSTS UNDER THIS SUBSECTION SHALL NOT EXCEED
THE AMOUNT ALLOCATED UNDER THIS SUBSECTION.
Sec. 81. (1) Except as otherwise provided in this section,
from the appropriation in section 11,
there is allocated for 2005-
2006 2006-2007 to the
intermediate districts the sum necessary, but
not to exceed $77,702,100.00 $80,455,500.00,
to provide state aid
to intermediate districts under this section. Except as otherwise
provided in this section, there shall be allocated to each
intermediate district for 2005-2006
2006-2007 an amount equal to
100.0% 102.9% of the
amount appropriated under this subsection for
2004-2005, excluding the portion
that was allocated for the
purposes of section 32j.
2005-2006. Funding provided under this
section shall be used to comply with requirements of this act and
the revised school code that are applicable to intermediate
districts, and for which funding is not provided elsewhere in this
act, and to provide technical assistance to districts as authorized
by the intermediate school board.
(2) From the allocation in subsection (1), there is allocated
an amount not to exceed $500,000.00 for 2006-2007 for payments to
intermediate districts for purposes of this subsection.
Intermediate districts receiving funds under this section shall
collaborate with the department to develop expanded professional
development opportunities for teachers to update and expand their
knowledge and skills needed to support the Michigan merit core
content standards and credit requirements.
(3) (2) From the allocation in
subsection (1), there is
allocated to an intermediate district, formed by the consolidation
or annexation of 2 or more intermediate districts or the attachment
of a total intermediate district to another intermediate school
district or the annexation of all of the constituent K-12 districts
of a previously existing intermediate school district which has
disorganized, an additional allotment of $3,500.00 each fiscal year
for each intermediate district included in the new intermediate
district for 3 years following consolidation, annexation, or
attachment.
(4) (3) During a fiscal year,
the department shall not
increase an intermediate district's allocation under subsection (1)
because of an adjustment made by the department during the fiscal
year in the intermediate district's taxable value for a prior year.
Instead, the department shall report the adjustment and the
estimated amount of the increase to the house and senate fiscal
agencies and the state budget director not later than June 1 of the
fiscal year, and the legislature shall appropriate money for the
adjustment in the next succeeding fiscal year.
(5) (4) In order to receive
funding under this section, an
intermediate district shall demonstrate to the satisfaction of the
department that the intermediate district employs at least 1 person
who is trained in pupil counting procedures, rules, and
regulations.
Sec. 94a. (1) There is created within the office of the state
budget director in the department of management and budget the
center for educational performance and information. The center
shall do all of the following:
(a) Coordinate the collection of all data required by state
and federal law from all entities receiving funds under this act.
(b) Collect data in the most efficient manner possible in
order to reduce the administrative burden on reporting entities.
(c) Establish procedures to ensure the validity and
reliability of the data and the collection process.
(d) Develop state and model local data collection policies,
including, but not limited to, policies that ensure the privacy of
individual student data. State privacy policies shall ensure that
student social security numbers are not released to the public for
any purpose.
(e) Provide data in a useful manner to allow state and local
policymakers to make informed policy decisions.
(f) Provide reports to the citizens of this state to allow
them to assess allocation of resources and the return on their
investment in the education system of this state.
(g) Assist all entities receiving funds under this act in
complying with audits performed according to generally accepted
accounting procedures.
(h) Other functions as assigned by the state budget director.
(2) Each state department, officer, or agency that collects
information from districts or intermediate districts as required
under state or federal law shall make arrangements with the center,
and with the districts or intermediate districts, to have the
center collect the information and to provide it to the department,
officer, or agency as necessary. To the extent that it does not
cause financial hardship, the center shall arrange to collect the
information in a manner that allows electronic submission of the
information to the center. Each affected state department, officer,
or agency shall provide the center with any details necessary for
the center to collect information as provided under this
subsection. This subsection does not apply to information collected
by the department of treasury under the uniform budgeting and
accounting act, 1968 PA 2, MCL 141.421 to 141.440a; the revised
municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821; 1961
PA 108, MCL 388.951 to 388.963; or section 1351a of the revised
school code, MCL 380.1351a.
(3) The state budget director shall appoint a CEPI advisory
committee, consisting of the following members:
(a) One representative from the house fiscal agency.
(b) One representative from the senate fiscal agency.
(c) One representative from the office of the state budget
director.
(d) One representative from the state education agency.
(e) One representative each from the department of labor and
economic growth and the department of treasury.
(f) Three representatives from intermediate school districts.
(g) One representative from each of the following educational
organizations:
(i) Michigan association of school boards.
(ii) Michigan association of school administrators.
(iii) Michigan school business officials.
(h) One representative representing private sector firms
responsible for auditing school records.
(i) Other representatives as the state budget director
determines are necessary.
(4) The CEPI advisory committee appointed under subsection (3)
shall provide advice to the director of the center regarding the
management of the center's data collection activities, including,
but not limited to:
(a) Determining what data is necessary to collect and maintain
in order to perform the center's functions in the most efficient
manner possible.
(b) Defining the roles of all stakeholders in the data
collection system.
(c) Recommending timelines for the implementation and ongoing
collection of data.
(d) Establishing and maintaining data definitions, data
transmission protocols, and system specifications and procedures
for the efficient and accurate transmission and collection of data.
(e) Establishing and maintaining a process for ensuring the
accuracy of the data.
(f) Establishing and maintaining state and model local
policies related to data collection, including, but not limited to,
privacy policies related to individual student data.
(g) Ensuring the data is made available to state and local
policymakers and citizens of this state in the most useful format
possible.
(h) Other matters as determined by the state budget director
or the director of the center.
(5) The center may enter into any interlocal agreements
necessary to fulfill its functions.
(6) From the general fund appropriation in section 11, there
is allocated an amount not to exceed $2,000,000.00
$4,500,000.00
for 2005-2006 2006-2007 to
the department of management and budget
to support the operations of the center AND THE DEVELOPMENT AND
IMPLEMENTATION OF A COMPREHENSIVE DATA MANAGEMENT AND STUDENT
TRACKING SYSTEM. The center shall cooperate with the state
education agency to ensure that this state is in compliance with
federal law and is maximizing opportunities for increased federal
funding to improve education in this state. In addition, from the
federal funds appropriated in section
11 for 2005-2006 2006-2007,
there is allocated the amount necessary, estimated at $3,543,200.00
in order to fulfill federal reporting
requirements:.
(a)
An amount not to exceed $839,000.00 funded from DED-OESE,
title I, disadvantaged children
funds.
(b)
An amount not to exceed $55,700.00 funded from DED-OESE,
title I, reading first state grant
funds.
(c)
An amount not to exceed $47,000.00 funded from DED-OESE,
title I, migrant education funds.
(d)
An amount not to exceed $285,000.00 funded from DED-OESE,
improving teacher quality funds.
(e)
An amount not to exceed $73,000.00 funded from DED-OESE,
drug-free schools and communities
funds.
(f)
An amount not to exceed $150,000.00 funded under sections
611 to 619 of part B of the
individuals with disabilities education
act, title VI of Public Law 91-230,
20 USC 1411 to 1419.
(g)
An amount not to exceed $13,500.00 for data collection
systems, funded from DED-NCES,
common core data funds.
(h)
An amount not to exceed $400,000.00 for the collection and
dissemination of state assessment
data, funded from DED-OESE, title
VI, state assessments funds.
(i)
An amount not to exceed $80,000.00 for data collection
systems, funded from DED-NCES, task
award funds.
(j)
An amount not to exceed $100,000.00 for data collection
systems development funded from
DED-NCES, performance based data
management initiative.
(7)
(k) FROM THE GENERAL FUND ALLOCATION IN SUBSECTION (6), An
THERE IS ALLOCATED FOR 2006-2007 AN AMOUNT NOT TO EXCEED
$2,500,000.00 amount not to
exceed $1,500,000.00 to support the
development and implementation of a
comprehensive K-12 LONGITUDINAL
EDUCATIONAL data management and
student tracking system. ,
IN
ADDITION, FROM THE FEDERAL FUNDS ALLOCATED IN SUBSECTION (6), THERE
IS ALLOCATED FOR 2006-2007, AN AMOUNT NOT TO EXCEED $1,500,000.00,
funded from the competitive grants of DED-OESE, title II,
educational technology funds FOR THE PURPOSES OF THIS SUBSECTION.
Not later than November 30, 2005,
2006, the department shall award
a single grant to an eligible partnership that includes an
intermediate district with at least 1 high-need local school
district and the center.
(7)
If the center, in partnership with the department,
receives a federal grant
appropriated in the department's budget to
support the development and
implementation of a comprehensive data
management and pupil tracking
system, the center shall first expend
those funds before expending funds
allocated under this section.
(8) The center and the department shall work cooperatively to
develop a cost allocation plan that pays for center expenses from
the appropriate federal fund revenues.
(9) Funds allocated under this section that are not expended
in the fiscal year in which they were allocated may be carried
forward to a subsequent fiscal year.
(10) The center may bill departments as necessary in order to
fulfill reporting requirements of state and federal law. The center
may also enter into agreements to supply custom data, analysis, and
reporting to other principal executive departments, state agencies,
local units of government, and other individuals and organizations.
The center may receive and expend funds in addition to those
authorized in subsection (6) to cover the costs associated with
salaries, benefits, supplies, materials, and equipment necessary to
provide such data, analysis, and reporting services.
(11) As used in this section:
(a)
"DED-NCES" means the United States department of
education
national center for education
statistics.
(A) (b) "DED-OESE"
means the United States department of
education office of elementary and secondary education.
(B) (c) "High-need local
school district" means a local
educational agency as defined in the enhancing education through
technology part of the no child left behind act of 2001, Public Law
107-110.
(C) (d) "State education
agency" means the department.
Sec. 98. (1) From the STATE SCHOOL AID FUND MONEY APPROPRIATED
IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED
$525,000.00 FOR 2006-2007 AND FROM THE general fund money
appropriated in section 11, there is allocated an amount not to
exceed $1,750,000.00 $2,750,000.00
for 2005-2006 2006-2007 to
provide a grant to the Michigan virtual university for the
development, implementation, and operation of the Michigan virtual
high school; TO PROVIDE PROFESSIONAL DEVELOPMENT OPPORTUNITIES FOR
EDUCATORS; and to fund other purposes described in this section. In
addition, from the federal funds appropriated in section 11, there
is allocated for 2005-2006 2006-2007
an amount estimated at
$2,250,000.00 from DED-OESE, title
II, improving teacher quality
funds. $3,250,000.00.
(2) The Michigan virtual high school shall have the following
goals:
(a) Significantly expand curricular offerings for high schools
across this state through agreements with districts or licenses
from other recognized providers. The Michigan virtual high school
shall explore options for providing rigorous civics curricula
online.
(b) Create statewide instructional models using interactive
multimedia tools delivered by electronic means, including, but not
limited to, the internet, digital broadcast, or satellite network,
for distributed learning at the high school level.
(c) Provide pupils with opportunities to develop skills and
competencies through on-line learning.
(d)
Offer teachers opportunities to learn new skills and
strategies for developing and
delivering instructional services.
(e)
Accelerate this state's ability to respond to current and
emerging educational demands.
(D) PROVIDE ONLINE TEST PREPARATION RESOURCES FOR PUPILS.
(E) (f) Grant high school
diplomas through a dual enrollment
method with districts.
(F) (g) Act as a broker for
college level equivalent courses,
as defined in section 1471 of the revised school code, MCL
380.1471, and dual enrollment courses from postsecondary education
institutions.
(3) FROM THE GENERAL FUND MONEY ALLOCATED IN SUBSECTION (1),
AN AMOUNT ESTIMATED AT, BUT NOT TO EXCEED $1,000,000.00 SHALL BE
USED BY THE MICHIGAN VIRTUAL HIGH SCHOOL TO PROVIDE ONLINE TEST
PREPARATION RESOURCES FOR ALL MICHIGAN HIGH SCHOOL PUPILS USING
WEB-BASED TOOLS THAT ALIGN WITH THE MICHIGAN MERIT EXAM
REQUIREMENTS, INCLUDING THE ACT AND THE REVISED MEAP EXAM. THESE
RESOURCES SHALL INCLUDE THE FOLLOWING:
(A) Practice test opportunities for students.
(B) Information on effective test taking strategies.
(C) Diagnostic tools to identify student learning gaps.
(D) Self-paced online instructional tutorials.
(E) Electronic reports that provide feedback for students and
school personnel.
(4) (3) The Michigan virtual
high school course offerings
shall include, but are not limited to, all of the following:
(a) Information technology courses.
(b) College level equivalent courses, as defined in section
1471 of the revised school code, MCL 380.1471.
(c) Courses and dual enrollment opportunities.
(d) Programs and services for at-risk pupils.
(e) General education development test preparation courses for
adjudicated youth.
(f) Special interest courses.
(g) Professional development programs and services for
teachers.
(5) (4) FROM THE FEDERAL
FUNDS ALLOCATED IN SUBSECTION (1),
THERE IS ALLOCATED FOR 2006-2007 AN AMOUNT ESTIMATED AT
$2,250,000.00 FROM DED-OESE, title II, improving teacher quality
funds for a grant to the Michigan virtual university FOR THE
PURPOSE OF THIS SUBSECTION. The state education agency shall sign a
memorandum of understanding with the Michigan virtual university
regarding the DED-OESE, title II, improving teacher quality funds
as provided under this subsection. The memorandum of understanding
under this subsection shall require that the Michigan virtual
university coordinate the following activities related to DED-OESE,
title II, improving teacher quality funds in accordance with
federal law:
(a) Develop, and assist districts in the development and use
of, proven, innovative strategies to deliver intensive professional
development programs that are both cost-effective and easily
accessible, such as strategies that involve delivery through the
use of technology, peer networks, and distance learning.
(b) Encourage and support the training of teachers and
administrators to effectively integrate technology into curricula
and instruction.
(c) Coordinate the activities of eligible partnerships that
include higher education institutions for the purposes of providing
professional development activities for teachers,
paraprofessionals, and principals as defined in federal law.
(d) Offer teachers opportunities to learn new skills and
strategies for developing and delivering instructional services.
(E) PROVIDE ONLINE PROFESSIONAL DEVELOPMENT OPPORTUNITIES FOR
EDUCATORS TO UPDATE AND EXPAND KNOWLEDGE AND SKILLS NEEDED TO
SUPPORT THE MICHIGAN MERIT CORE CONTENT STANDARDS AND CREDIT
REQUIREMENTS.
(5)
If a home-schooled or nonpublic school student is a
resident of a district that
subscribes to services provided by the
Michigan virtual high school, the
student may use the services
provided by the Michigan
virtual high school to the district
without charge to the student beyond
what is charged to a district
pupil using the same services.
(6)
From the allocations in subsection (1), the amount
necessary, not to exceed
$1,250,000.00, shall be used to provide
online professional development for
classroom teachers. This
allocation is intended to be for the
last of 3 years. These funds
may be used for designing and
building courses, marketing and
outreach, workshops and evaluation,
content acquisition, technical
assistance, project management, and
customer support. The Michigan
virtual university shall offer at
least 5 hours of online
professional development for
classroom teachers under this section
each fiscal year beginning in
2004-2005 without charge to the
teachers or to districts or
intermediate districts.
(6) (7) The Michigan virtual university shall offer at
least
200 hours of online professional development for classroom teachers
under this section each fiscal year beginning in 2006-2007 without
charge to the teachers or to districts or intermediate districts. A
district or intermediate district may require a full-time teacher
to participate in at least 5 hours of online professional
development provided by the Michigan virtual university under
subsection (6) (5). Five
hours of this professional development
shall be considered to be part of the 51 hours allowed to be
counted as hours of pupil instruction under section 101(10).
(7) (8) In addition to the other
funds allocated under this
section, from FROM the
federal funds appropriated in section 11,
SUBSECTION (1), there is
allocated for 2005-2006 2006-2007 an
amount estimated at $1,000,000.00 from the DED-OESE, title II,
educational technology grant funds to support e-learning and
virtual school initiatives consistent with the goals contained in
the United States national educational technology plan issued in
January 2005. Not later than November 30, 2006, from the funds
allocated in THIS subsection, the department shall award a single
grant of $1,000,000.00 to a consortium or partnership established
by the Michigan virtual university that meets the requirements of
this SUBSection. To be eligible for this funding, a consortium or
partnership established by the Michigan virtual university shall
include at least 1 intermediate district and at least 1 high-need
local district.
(A) An eligible consortium or partnership must demonstrate the
following:
(i) Prior success in delivering online courses and
instructional services to K-12 PUPILS throughout this state.
(ii) Expertise in designing, developing, and evaluating online
K-12 course content.
(iii) Experience in maintaining a statewide help desk service
for PUPILS, online teachers, and other school personnel.
(iv) Knowledge and experience in providing technical assistance
and support to K-12 schools in the area of online education.
(v) Experience in training and supporting K-12 educators in
this state to teach online courses.
(vi) Demonstrated technical expertise and capacity in managing
complex technology systems.
(vii) Experience promoting twenty-first century learning skills
through the use of online technologies.
(B) The Michigan virtual university, which operates the
Michigan virtual high school, shall perform the following tasks
related to this funding:
(i) (a)
Examine the curricular and specific course content
needs of middle and high school students
PUPILS in the areas of
mathematics and science.
(ii) (b)
Design, develop, and acquire online courses and
related supplemental resources aligned to state standards to create
a comprehensive and rigorous statewide catalog of online courses
and instructional services.
(iii) (c) Conduct a demonstration pilot to promote new
and
innovative online courses and instructional services.
(iv) (d)
Evaluate existing online teaching and learning
practices and develop continuous improvement strategies to enhance
student PUPIL achievement.
(v) (e)
Develop, support, and maintain the technology
infrastructure and related software required to deliver online
courses and instructional services to students
PUPILS statewide.
(f)
Begin to develop a web-based practice assessment and
classroom remediation program that
includes reading, mathematics,
social science, and science for
pupils in grades 3 to 8. The
Michigan virtual high school may
contract with an outside provider
to provide the services under this
subdivision. The program must
meet all of the following:
(i) Have the ability to
register pupils online.
(ii) Be accessible on
the internet.
(iii) Provide test
results immediately upon completion of the
test.
(iv) Provide remedial
services by linking to textbooks in the
classroom.
(v) Provide results that
are reported to the district
superintendent, the school
principal, and the department and are
made available to parents, and that
are tracked by pupil,
classroom, school, and district.
(9)
Not later than November 30, 2005, from the funds allocated
in subsection (8), the department
shall award a single grant of
$1,000,000.00 to a consortium or
partnership established by the
Michigan virtual university that
meets the requirements of this
section. To be eligible for this
funding, a consortium or
partnership established by the Michigan
virtual university shall
include at least 1 intermediate
district and at least 1 high-need
local district. An eligible
consortium or partnership must
demonstrate the following:
(a)
Prior success in delivering online courses and
instructional services to K-12
students throughout this state.
(b)
Expertise in designing, developing, and evaluating online
K-12 course content.
(c)
Experience in maintaining a statewide help desk service
for students, online teachers, and
other school personnel.
(d)
Knowledge and experience in providing technical assistance
and support to K-12 schools in the
area of online education.
(e)
Experience in training and supporting K-12 educators in
this state to teach online courses.
(f)
Demonstrated technical expertise and capacity in managing
complex technology systems.
(g)
Experience promoting twenty-first century learning skills
through the innovative use of online
technologies.
(8) FROM THE STATE SCHOOL AID ALLOCATION IN SUBSECTION (1), AN
AMOUNT NOT TO EXCEED $525,000.00 SHALL BE AWARDED AS A SINGLE GRANT
TO AN INTERMEDIATE DISTRICT WORKING IN PARTNERSHIP WITH THE
MICHIGAN VIRTUAL HIGH SCHOOL FOR A STATEWIDE LICENSE FOR MY DREAM
EXPLORER, A CAREER EXPLORATION AND PLANNING TOOL, TO BE MADE
AVAILABLE TO ALL PUPILS AT NO COST.
(9) If a home-schooled or nonpublic school student is a
resident of a district that subscribes to services provided by the
Michigan virtual high school, the student may use the services
provided by the Michigan virtual high school to the district
without charge to the student beyond what is charged to a district
pupil using the same services.
(10) As used in this section:
(a) "DED-OESE" means the United States department of education
office of elementary and secondary education.
(b) "High-need local district" means a local educational
agency as defined in the enhancing education through technology
part of the no child left behind act of 2001, Public Law 107-110.
(c) "State education agency" means the department.
Sec. 98b. (1) From the federal funds appropriated in section
11 there is allocated for 2005-2006
2006-2007 an amount not to
exceed $2,500,000.00 from the
competitive grants of DED-OESE, title
II, educational technology grants
funds, and an amount not to
exceed ESTIMATED AT
$3,000,000.00 from funds carried forward from
2003-2004 2005-2006 from
unexpended DED-OESE, title II, educational
technology grants funds, for the freedom to learn program described
in this section.
(2) The allocations in subsection (1) shall be used to
develop, implement, and operate the freedom to learn program and
make program grants. The goal of the program is to achieve one-to-
one access to wireless technology for K-12 pupils through statewide
and local public-private partnerships. To implement the program,
the state education agency shall sign a memorandum of understanding
with Ferris state university that provides for joint administration
of program grants under this subsection and authorizes the creation
of an independent institute. If sufficient private funds are
obtained for this purpose, Ferris state university shall create an
independent institute to assume responsibility for the freedom to
learn program and to use the allocations in subsection (1) and any
funds from alternative sources to do all of the following:
(a) Carry out all goals and activities of the freedom to learn
program described in this section.
(b) Establish itself as a national leadership organization in
1-to-1 research, development, and mentoring.
(c) Garner new public and private resources for school
participation in the freedom to learn program and other 1-to-1
learning programs.
(3) Ferris state university and the state education agency
shall make grants to districts as described in this section. In
awarding the grants, Ferris state university and the state
education agency shall give priority to applications that
demonstrate that the district's program will meet all of the
following:
(a) Will be ready for immediate implementation and will have
begun professional development on technology integration in the
classroom.
(b) Will utilize state structure and resources for
professional development, as coordinated by Ferris state
university.
(c) Will opt to participate in the statewide partnership
described in subsection (10) or will participate in an approved
alternative 1-to-1 deployment described in subsection (11).
(d) Will agree to participate in the program and its
professional development and evaluation components for 4 years.
(4) The amount of program grants to districts is estimated at
$250.00 per pupil in membership in
grade 6 in 2005-2006 2006-2007,
or in another grade allowed in this section, or per grade 6 teacher
if the funding is awarded in a ratio of at least 20 pupils funded
for each teacher funded. The state education agency and Ferris
state university shall establish grant criteria that maximize the
distribution of federal funds to achieve the $250.00 per pupil or
teacher in districts that qualify for federal funds. To qualify for
a grant under this section, a district shall submit an application
to the state education agency and Ferris state university and
complete the application process established by the state education
agency and Ferris state university. The application shall include
at least all of the following:
(a) If the district is applying for federal funds, how the
district will meet the requirements of the competitive grants under
DED-OESE, title II, part D.
(b) How the district will provide the opportunity for each
pupil in membership in grade 6 to receive a wireless computing
device. If the district has already achieved one-to-one wireless
access in grade 6 or if the district's school building grade
configuration makes implementation of the program for grade 6
impractical, the district may apply for a grant for the next
highest grade. If the district does not have a grade 6 or higher,
the district may apply for funding for the next lowest grade level.
If the district operates 1 or more schools that are not meeting
adequate yearly progress, as determined by the department, and that
contain grade 6, the district may apply for funding for a school
building-wide program for 1 or more of those schools. A public
school academy that does not offer a grade higher than grade 5 may
apply to receive a grant under this section for pupils in the
highest grade offered by the public school academy.
(c) The district shall submit a plan describing the uses of
the grant funds. The plan shall describe a plan for professional
development on technology integration, content and curriculum, and
local partnerships with the other districts and representatives
from businesses, industry, and higher education. The plan shall
include at least the following:
(i) The academic achievement goals, which may include, but are
not limited to, goals related to mathematics, science, and language
arts.
(ii) The engagement goals, which may include, but are not
limited to, goals related to retention rates, dropout rates,
detentions, and suspensions.
(iii) The professional development goals, which may include, but
are not limited to, goals related to staff and teacher development
and performance indicators.
(d) A 3- to 5-year plan or funding model for increasing the
share that is borne locally of the expenditures for one-to-one
wireless access. Ferris state university shall provide districts
with sample local plans and funding models for the purposes of this
subdivision and with information on available federal and private
resources.
(e) How the district will amend its local technology plan as
required under state and federal law to reflect the program under
this section.
(5) A district that receives a grant under this section shall
provide at least a $25.00 per pupil match for grant money received
under this section from local public or private resources.
(6) The amount of a grant under this section to a single
district for a fiscal year shall not exceed 25% of the total amount
available for grants under this section for that fiscal year.
(7) A district that received money under section 98 in 2002-
2003 for a wireless technology grant is eligible to receive a grant
under this section.
(8) The federal funding under subsection (1) shall be used
first to provide the grants under this subsection. A district
described in this subsection shall apply to Ferris state university
and the state education agency for a grant in the form and manner
prescribed by the department. An application under this section is
not subject to the requirements of subsection (3) if the
application demonstrates that the program will meet all of the
following:
(a) Will continue as a demonstration program.
(b) Will provide regional assistance to schools that are not
meeting adequate yearly progress, as determined by the department,
and to new grant recipients, as directed by the state education
agency and Ferris state university.
(c) Will seek to expand its existing wireless technology
initiatives.
(9) Not more than 25% of the DED-OESE, title II, educational
technology grants funds under subsection (1) that are allocated for
grants to districts that participate in the statewide public-
private partnership under subsection (10) may be used to provide
statewide professional development that will be coordinated by
Ferris state university.
(10) The department of management and budget shall maintain a
statewide public-private partnership to implement the program.
(11) A district may elect to purchase or lease wireless
computing devices from a vendor other than the statewide
partnership described in subsection (10) if Ferris state university
determines that the vendor meets or exceeds minimum requirements
and the vendor is identified in the district's grant application.
Districts may apply to receive additional grants of $250.00 per
pupil for use in professional development activities specific to
the alternative deployment solution instead of the statewide
professional development as described under subsection (9).
(12) The state education agency shall sign a memorandum of
understanding with Ferris state university regarding DED-OESE,
title II, educational technology grants, as provided under this
subsection not later than October 1, 2005.
2006. Ferris state
university shall coordinate activities described in this subsection
with the freedom to learn grants described under this section. The
memorandum of understanding shall require that Ferris state
university coordinate the following state activities related to
DED-OESE, title II, educational technology grants in accordance
with federal law:
(a) Assist in the development of innovative strategies for the
delivery of specialized or rigorous academic courses and curricula
through the use of technology, including distance learning
technologies.
(b) Establish and support public-private initiatives for the
acquisition of educational technology.
(13) Funds allocated under this section that are not expended
in the state fiscal year for which they were allocated may be
carried forward to a subsequent state fiscal year.
(14) It is the intent of the legislature that all plans or
applications submitted by the state education agency to the United
States department of education relating to the distribution of
federal funds under this section are for the purposes described in
this section.
(15) The state education agency shall ensure that the program
goals and plans for the freedom to learn program are contained in
the state technology plan required by federal law.
(16) Notwithstanding section 17b, payments under this section
may be made pursuant to an agreement with the department.
(17) It is the intent of the legislature that this state will
seek to raise private funds for the current and future funding of
the freedom to learn program under this section and all of the
program components.
(18) As used in this section:
(a) "DED-OESE" means the United States department of education
office of elementary and secondary education.
(b) "State education agency" means the department.
Sec. 99. (1) From the state school aid fund money appropriated
in section 11, there is allocated an amount not to exceed
$2,416,000.00 $3,416,000.00 for
2005-2006 2006-2007 and from the
general fund appropriation in section 11, there is allocated an
amount not to exceed $84,000.00 for 2005-2006
2006-2007 for
implementing the comprehensive master plan for mathematics and
science centers developed by the department and approved by the
state board on August 8, 2002 AND FOR OTHER PURPOSES AS DESCRIBED
IN THIS SECTION. In addition, from the federal funds appropriated
in section 11, there is allocated for 2005-2006
2006-2007 an amount
estimated at $4,456,000.00 from DED-OESE, title II, mathematics and
science partnership grants.
(2) Within a service area designated locally, approved by the
department, and consistent with the master plan described in
subsection (1), an established mathematics and science center shall
address 2 or more of the following 6 basic services, as described
in the master plan, to constituent districts and communities:
leadership, pupil services, curriculum support, community
involvement, professional development, and resource clearinghouse
services.
(3) The department shall not award a state grant under this
section to more than 1 mathematics and science center located in a
designated region as prescribed in the 2002 master plan unless each
of the grants serves a distinct target population or provides a
service that does not duplicate another program in the designated
region.
(4) As part of the technical assistance process, the
department shall provide minimum standard guidelines that may be
used by the mathematics and science center for providing fair
access for qualified pupils and professional staff as prescribed in
this section.
(5) Allocations under this section to support the activities
and programs of mathematics and science centers shall be continuing
support grants to all 33 established mathematics and science
centers. Each established mathematics and science center that was
funded in 2003-2004 2005-2006
shall receive state funding in an
amount equal to the amount it
received under this section for 2003-
2004 2005-2006. If a
center declines state funding or a center
closes, the remaining money available under this section shall be
distributed on a pro rata basis to the remaining centers, as
determined by the department.
(6) FROM THE FUNDS ALLOCATED IN SUBSECTION (1), THERE IS
ALLOCATED $1,000,000.00 IN A FORM AND MANNER DETERMINED BY THE
DEPARTMENT TO THOSE CENTERS ABLE TO PROVIDE CURRICULUM AND
PROFESSIONAL DEVELOPMENT SUPPORT TO ASSIST DISTRICTS IN
IMPLEMENTING THE MICHIGAN MERIT CORE CURRICULUM COMPONENTS FOR
MATHEMATICS AND SCIENCE.
(7) (6) In order to receive
state funds under this section, a
grant recipient shall allow access for the department or the
department's designee to audit all records related to the program
for which it receives such funds. The grant recipient shall
reimburse the state for all disallowances found in the audit.
(8) (7) Not later than September 30, 2007, the department
shall reevaluate and update the comprehensive master plan described
in subsection (1).
(9) (8) The department shall
give preference in awarding the
federal grants allocated in subsection (1) to eligible existing
mathematics and science centers.
(10) (9) In order to receive
state funds under this section, a
grant recipient shall provide at least a 10% local match from local
public or private resources for the funds received under this
section.
(11) (10) As used in this
section:
(a) "DED" means the United States department of education.
(b) "DED-OESE" means the DED office of elementary and
secondary education.
SEC. 99C. (1) FROM THE APPROPRIATION IN SECTION 11, THERE IS
ALLOCATED AN AMOUNT NOT TO EXCEED $2,000,000.00 FOR 2006-2007 FOR
COMPETITIVE GRANTS TO DISTRICTS THAT PROVIDE PUPILS IN HIGH SCHOOL
WITH EXPANDED OPPORTUNITES TO IMPROVE MATHEMATICS, SCIENCE, AND
TECHNOLOGY SKILLS BY PARTICIPATING IN EVENTS HOSTED BY A SCIENCE
AND TECHNOLOGY DEVELOPMENT PROGRAM KNOWN AS FIRST (FOR INSPIRATION
AND RECOGNITION OF SCIENCE AND TECHNOLOGY) ROBOTICS COMPETITION.
(2) applications for grants shall be submitted in a form and
manner determined by the department. eligible APPLICATIONS must
HAVE ESTABLISHED A PARTNERSHIP WITH AT LEAST ONE SPONSOR, BUSINESS
ENTITY, HIGHER EDUCATION INSTITUTION, OR TECHNICAL SCHOOL.
(3) each grant recipient shall provide at least a 50% match of
the costs of participating in AN event from other private or local
funds for the funds received in this section.
(4) AWARDS SHALL BE MADE IN A MANNER DETERMINED BY THE
DEPARTMENT in collaboration with the department of labor and
economic growth; HOWEVER, THE DEPARTMENT SHALL SET MAXIMUM GRANT
AMOUNTS IN A MANNER THAT PROVIDES FOR THE HIGHEST NUMBER OF HIGH
SCHOOLS TO PARTICIPATE.
(5) funds received under THIS section MAY BE USED FOR EVENT
REGISTRATIONS, MATERIALS, TRAVEL COSTS, AND OTHER EXPENSES
ASSOCIATED WITH THE PREPARATION FOR AND ATTENDANCE OF FIRST
ROBOTICS COMPETITIONS.
Sec. 101. (1) To be eligible to receive state aid under this
act, not later than the fifth Wednesday after the pupil membership
count day and not later than the fifth Wednesday after the
supplemental count day, each district superintendent through the
secretary of the district's board shall file with the intermediate
superintendent a certified and sworn copy of the number of pupils
enrolled and in regular daily attendance in the district as of the
pupil membership count day and as of the supplemental count day, as
applicable, for the current school year. In addition, a district
maintaining school during the entire year, as provided under
section 1561 of the revised school code, MCL 380.1561, shall file
with the intermediate superintendent a certified and sworn copy of
the number of pupils enrolled and in regular daily attendance in
the district for the current school year pursuant to rules
promulgated by the superintendent. Not later than the seventh
Wednesday after the pupil membership count day and not later than
the seventh Wednesday after the supplemental count day, the
intermediate district shall transmit to the center revised data, as
applicable, for each of its constituent districts. If a district
fails to file the sworn and certified copy with the intermediate
superintendent in a timely manner, as required under this
subsection, the intermediate district shall notify the department
and state aid due to be distributed under this act shall be
withheld from the defaulting district immediately, beginning with
the next payment after the failure and continuing with each payment
until the district complies with this subsection. If an
intermediate district fails to transmit the data in its possession
in a timely and accurate manner to the center, as required under
this subsection, state aid due to be distributed under this act
shall be withheld from the defaulting intermediate district
immediately, beginning with the next payment after the failure and
continuing with each payment until the intermediate district
complies with this subsection. If a district or intermediate
district does not comply with this subsection by the end of the
fiscal year, the district or intermediate district forfeits the
amount withheld. A person who willfully falsifies a figure or
statement in the certified and sworn copy of enrollment shall be
punished in the manner prescribed by section 161.
(2) To be eligible to receive state aid under this act, not
later than the twenty-fourth Wednesday after the pupil membership
count day and not later than the twenty-fourth Wednesday after the
supplemental count day, an intermediate district shall submit to
the center, in a form and manner prescribed by the center, the
audited enrollment and attendance data for the pupils of its
constituent districts and of the intermediate district. If an
intermediate district fails to transmit the audited data as
required under this subsection, state aid due to be distributed
under this act shall be withheld from the defaulting intermediate
district immediately, beginning with the next payment after the
failure and continuing with each payment until the intermediate
district complies with this subsection. If an intermediate district
does not comply with this subsection by the end of the fiscal year,
the intermediate district forfeits the amount withheld.
(3) All of the following apply to the provision of pupil
instruction:
(a) Except as otherwise provided in this section, each
district shall provide at least 1,098 hours of pupil instruction.
Except as otherwise provided in this act, a district failing to
comply with the required minimum hours of pupil instruction under
this subsection shall forfeit from its total state aid allocation
an amount determined by applying a ratio of the number of hours the
district was in noncompliance in relation to the required minimum
number of hours under this subsection. Not later than August 1, the
board of each district shall certify to the department the number
of hours of pupil instruction in the previous school year. If the
district did not provide at least the required minimum number of
hours of pupil instruction under this subsection, the deduction of
state aid shall be made in the following fiscal year from the first
payment of state school aid. A district is not subject to
forfeiture of funds under this subsection for a fiscal year in
which a forfeiture was already imposed under subsection (6). Hours
lost because of strikes or teachers' conferences shall not be
counted as days or hours of pupil instruction.
(b) Except as otherwise provided in subdivision (c), a
district not having at least 75% of the district's membership in
attendance on any day of pupil instruction shall receive state aid
in that proportion of 1/180 that the actual percent of attendance
bears to the specified percentage.
(c) Beginning in 2005-2006, at the request of a district that
operates a department-approved alternative education program and
that does not provide instruction for pupils in all of grades K to
12, the superintendent shall grant a waiver for a period of 3
school years from the requirements of subdivision (b) in order to
conduct a pilot study. The waiver shall indicate that an eligible
district is subject to the proration provisions of subdivision (b)
only if the district does not have at least 50% of the district’s
membership in attendance on any day of pupil instruction. Not later
than 2008-2009, the department shall report on the impact of this
waiver on the academic achievement of pupils in these districts to
the state budget director and the senate and house appropriations
subcommittees on state school aid. In order to be eligible for this
waiver, a district must maintain records to substantiate its
compliance with the following requirements during the pilot study:
(i) The district offers the minimum hours of pupil instruction
as required under this section.
(ii) For each enrolled pupil, the district uses appropriate
academic assessments to develop an individual education plan that
leads to a high school diploma.
(iii) The district tests each pupil to determine academic
progress at regular intervals and records the results of those
tests in that pupil’s individual education plan.
(d) The superintendent shall promulgate rules for the
implementation of this subsection.
(4) Except as otherwise provided in this subsection, the first
30 hours for which pupil instruction is not provided because of
conditions not within the control of school authorities, such as
severe storms, fires, epidemics, utility power unavailability,
water or sewer failure, or health conditions as defined by the
city, county, or state health authorities, shall be counted as
hours of pupil instruction. Beginning in 2003-2004, with the
approval of the superintendent of public instruction, the
department shall count as hours of pupil instruction for a fiscal
year not more than 30 additional hours for which pupil instruction
is not provided in a district after April 1 of the applicable
school year due to unusual and extenuating occurrences resulting
from conditions not within the control of school authorities such
as those conditions described in this subsection. Subsequent such
hours shall not be counted as hours of pupil instruction.
(5) A district shall not forfeit part of its state aid
appropriation because it adopts or has in existence an alternative
scheduling program for pupils in kindergarten if the program
provides at least the number of hours required under subsection (3)
for a full-time equated membership for a pupil in kindergarten as
provided under section 6(4).
(6) Not later than April 15 of each fiscal year, the board of
each district shall certify to the department the planned number of
hours of pupil instruction in the district for the school year
ending in the fiscal year. In addition to any other penalty or
forfeiture under this section, if at any time the department
determines that 1 or more of the following has occurred in a
district, the district shall forfeit in the current fiscal year
beginning in the next payment to be calculated by the department a
proportion of the funds due to the district under this act that is
equal to the proportion below the required minimum number of hours
of pupil instruction under subsection (3), as specified in the
following:
(a) The district fails to operate its schools for at least the
required minimum number of hours of pupil instruction under
subsection (3) in a school year, including hours counted under
subsection (4).
(b) The board of the district takes formal action not to
operate its schools for at least the required minimum number of
hours of pupil instruction under subsection (3) in a school year,
including hours counted under subsection (4).
(7) In providing the minimum number of hours of pupil
instruction required under subsection (3), a district shall use the
following guidelines, and a district shall maintain records to
substantiate its compliance with the following guidelines:
(a) Except as otherwise provided in this subsection, a pupil
must be scheduled for at least the required minimum number of hours
of instruction, excluding study halls, or at least the sum of 90
hours plus the required minimum number of hours of instruction,
including up to 2 study halls.
(b) The time a pupil is assigned to any tutorial activity in a
block schedule may be considered instructional time, unless that
time is determined in an audit to be a study hall period.
(c) Except as otherwise provided in this subdivision, a pupil
in grades 9 to 12 for whom a reduced schedule is determined to be
in the individual pupil's best educational interest must be
scheduled for a number of hours equal to at least 80% of the
required minimum number of hours of pupil instruction to be
considered a full-time equivalent pupil. A pupil in grades 9 to 12
who is scheduled in a 4-block schedule may receive a reduced
schedule under this subsection if the pupil is scheduled for a
number of hours equal to at least 75% of the required minimum
number of hours of pupil instruction to be considered a full-time
equivalent pupil.
(d) If a pupil in grades 9 to 12 who is enrolled in a
cooperative education program or a special education pupil cannot
receive the required minimum number of hours of pupil instruction
solely because of travel time between instructional sites during
the school day, that travel time, up to a maximum of 3 hours per
school week, shall be considered to be pupil instruction time for
the purpose of determining whether the pupil is receiving the
required minimum number of hours of pupil instruction. However, if
a district demonstrates to the satisfaction of the department that
the travel time limitation under this subdivision would create
undue costs or hardship to the district, the department may
consider more travel time to be pupil instruction time for this
purpose.
(e) In grades 7 through 12, instructional time that is part of
a junior reserve officer training corps (JROTC) program shall be
considered to be pupil instruction time regardless of whether the
instructor is a certificated teacher if all of the following are
met:
(i) The instructor has met all of the requirements established
by the United States department of defense and the applicable
branch of the armed services for serving as an instructor in the
junior reserve officer training corps program.
(ii) The board of the district or intermediate district
employing or assigning the instructor complies with the
requirements of sections 1230 and 1230a of the revised school code,
MCL 380.1230 and 380.1230a, with respect to the instructor to the
same extent as if employing the instructor as a regular classroom
teacher.
(8) The department shall apply the guidelines under subsection
(7) in calculating the full-time equivalency of pupils.
(9) Upon application by the district for a particular fiscal
year, the superintendent may waive for a district the minimum
number of hours of pupil instruction requirement of subsection (3)
for a department-approved alternative education program. If a
district applies for and receives a waiver under this subsection
and complies with the terms of the waiver, for the fiscal year
covered by the waiver the district is not subject to forfeiture
under this section for the specific program covered by the waiver.
IF THE DISTRICT DOES NOT COMPLY WITH THE TERMS OF THE WAIVER, THE
AMOUNT OF THE FORFEITURE SHALL BE CALCULATED BASED UPON A
COMPARISON OF THE NUMBER OF HOURS ACTUALLY PROVIDED TO THE MINIMUM
INSTRUCTIONAL HOUR REQUIREMENT SPECIFIED IN (3).
(10) A district may count up to 51 hours of qualifying
professional development for teachers, including the 5 hours of
online professional development provided by the Michigan virtual
university under section 98, as hours of pupil instruction. A
district that elects to use this exception shall notify the
department of its election. As used in this subsection, "qualifying
professional development" means professional development that is
focused on 1 or more of the following:
(a) Achieving or improving adequate yearly progress as defined
under the no child left behind act of 2001, Public Law 107-110.
(b) Achieving accreditation or improving a school's
accreditation status under section 1280 of the revised school code,
MCL 380.1280.
(c) Achieving highly qualified teacher status as defined under
the no child left behind act of 2001, Public Law 107-110.
(d) Maintaining teacher certification.
SEC. 104. (1) FROM THE STATE SCHOOL AID FUND MONEY
APPROPRIATED IN SECTION 11, THERE IS ALLOCATED FOR 2006-2007 AN
AMOUNT NOT TO EXCEED $19,500,000.00 FOR REIMBURSEMENT OF COSTS
ASSOCIATED WITH COMPLYING WITH SECTIONS 104A AND 104B OF THIS ACT,
SECTIONS 1279 AND 1280B OF THE REVISED SCHOOL CODE, MCL. 380.1279
AND MCL 380.1280B, AND 1970 PA 38, MCL 388.1081 TO 388.1086. IN
ADDITION, FROM THE FEDERAL FUNDS APPROPRIATED IN SECTION 11, THERE
IS ALLOCATED FOR 2006-2007 AN AMOUNT ESTIMATED AT $8,425,164.00,
FUNDED FROM DED-OESE, TITLE VI, STATE ASSESSMENTS FUNDS FOR THE
PURPOSES OF COMPLYING WITH THE FEDERAL NO CHILD LEFT BEHIND ACT OF
2001, PUBLIC LAW 107-110.
(2) The results of each test administered as part of the
Michigan educational assessment program, including tests
administered to high school students, shall include an item
analysis that lists all items that are counted for individual
student scores and the percentage of students choosing each
possible response.
(3) All federal funds allocated under this section shall be
distributed in accordance with federal law and with flexibility
provisions outlined in Public Law 107-116, and in the education
flexibility partnership act of 1999, Public Law 106-25.
Notwithstanding section 17b, payments of federal funds to
districts, intermediate districts, and other eligible entities
under this section shall be paid on a schedule determined by the
department.
Sec. 107. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $21,000,000.00
$25,000,000.00 for
2005-2006 2006-2007 for
adult education programs authorized under
this section.
(2) To be eligible to be a participant funded under this
section, a person shall be enrolled in an adult basic education
program, an adult English as a second language program, a general
educational development (G.E.D.) test preparation program, a job or
employment related program, or a high school completion program,
that meets the requirements of this section, and shall meet either
of the following, as applicable:
(a) If the individual has obtained a high school diploma or a
general educational development (G.E.D.) certificate, the
individual meets 1 of the following:
(i) Is less than 20 years of age on September 1 of the school
year and is enrolled in the state technical institute and
rehabilitation center.
(ii) Is less than 20 years of age on September 1 of the school
year, is not attending an institution of higher education, and is
enrolled in a job or employment-related program through a referral
by an employer.
(iii) Is enrolled in an English as a second language program.
(iv) Is enrolled in a high school completion program.
(b) If the individual has not obtained a high school diploma
or G.E.D. certificate, the individual meets 1 of the following:
(i) Is at least 20 years of age on September 1 of the school
year.
(ii) Is at least 16 years of age on September 1 of the school
year, has been permanently expelled from school under section
1311(2) or 1311a of the revised school code, MCL 380.1311 and
380.1311a, and has no appropriate alternative education program
available through his or her district of residence.
(3) Except as otherwise provided in subsection (4), the amount
allocated under subsection (1) shall be distributed as follows:
(a) For districts and consortia that received payments for
2003-2004 2005-2006 under
this section, the amount allocated to
each for 2005-2006 2006-2007 shall
be based on the number of
participants served by the district or
consortium for 2005-2006
2006-2007, using the amount allocated per full-time equated
participant under subsection (5), up to a maximum total allocation
under this section in an amount equal to 125.0% OF the amount the
district or consortium received for 2003-2004
2005-2006 under this
section before any reallocations made
for 2003-2004 2005-2006 under
subsection (4).
(b)
A district or consortium that received funding in 2003-
2004 2005-2006 under this
section may operate independently of a
consortium or join or form a consortium
for 2005-2006 2006-2007. In
addition, a district that had a
declaration of financial emergency
in place under the local government
fiscal responsibility act, 1990
PA 72, MCL 141.1201 to 141.1291, and
for which that declaration was
revoked during 2005 may operate a
program under this section
independently of a consortium or may
join or form a consortium to
operate a program under this
section. The allocation for 2005-2006
2006-2007 to the district or the newly formed consortium under this
subsection shall be determined by the department of labor and
economic growth and shall be based on the proportion of the amounts
that are attributable to the district or consortium that received
funding in 2003-2004 or, for a district
for which a declaration of
financial emergency was revoked
during 2005, based on the amount
the district received under this
section using a 3-year average of
the 3 most recent fiscal years the
district received funding under
this section. 2005-2006.
A district or consortium described in this
subdivision shall notify the department of labor and economic
growth of its intention with regard to 2005-2006
2006-2007 by
October 1, 2005 2006.
(4) A district that operated an adult education program in
2004-2005 2005-2006 and
does not intend to operate a program in
2005-2006 2006-2007 shall
notify the department of labor and
economic growth by October 1, 2005 2006 of its intention. The funds
intended to be allocated under this section to a district that does
not operate a program in 2005-2006
2006-2007 and the unspent funds
originally allocated under this section to a district or consortium
that subsequently operates a program at less than the level of
funding allocated under subsection (3) shall instead be
proportionately reallocated to the other districts described in
subsection (3)(a) that are operating an adult education program in
2005-2006 2006-2007 under
this section.
(5) The amount allocated under this section per full-time
equated participant is $2,850.00 for a 450-hour program. The amount
shall be proportionately reduced for a program offering less than
450 hours of instruction.
(6) An adult basic education program or an adult English as a
second language program operated on a year-round or school year
basis may be funded under this section, subject to all of the
following:
(a) The program enrolls adults who are determined by an
appropriate assessment to be below ninth grade level in reading or
mathematics, or both, or to lack basic English proficiency.
(b) The program tests individuals for eligibility under
subdivision (a) before enrollment and tests participants to
determine progress after every 90 hours of attendance, using
assessment instruments approved by the department of labor and
economic growth.
(c) A participant in an adult basic education program is
eligible for reimbursement until 1 of the following occurs:
(i) The participant's reading and mathematics proficiency are
assessed at or above the ninth grade level.
(ii) The participant fails to show progress on 2 successive
assessments after having completed at least 450 hours of
instruction.
(d) A funding recipient enrolling a participant in an English
as a second language program is eligible for funding according to
subsection (10) until the participant meets 1 of the following:
(i) The participant is assessed as having attained basic
English proficiency.
(ii) The participant fails to show progress on 2 successive
assessments after having completed at least 450 hours of
instruction. The department of labor and economic growth shall
provide information to a funding recipient regarding appropriate
assessment instruments for this program.
(7) A general educational development (G.E.D.) test
preparation program operated on a year-round or school year basis
may be funded under this section, subject to all of the following:
(a) The program enrolls adults who do not have a high school
diploma.
(b) The program shall administer a G.E.D. pre-test approved by
the department of labor and economic growth before enrolling an
individual to determine the individual's potential for success on
the G.E.D. test, and shall administer other tests after every 90
hours of attendance to determine a participant's readiness to take
the G.E.D. test.
(c) A funding recipient shall receive funding according to
subsection (10) for a participant, and a participant may be
enrolled in the program until 1 of the following occurs:
(i) The participant passes the G.E.D. test.
(ii) The participant fails to show progress on 2 successive
tests used to determine readiness to take the G.E.D. test after
having completed at least 450 hours of instruction.
(8) A high school completion program operated on a year-round
or school year basis may be funded under this section, subject to
all of the following:
(a) The program enrolls adults who do not have a high school
diploma.
(b) A funding recipient shall receive funding according to
subsection (10) for a participant in a course offered under this
subsection until 1 of the following occurs:
(i) The participant passes the course and earns a high school
diploma.
(ii) The participant fails to earn credit in 2 successive
semesters or terms in which the participant is enrolled after
having completed at least 900 hours of instruction.
(9) A job or employment-related adult education program
operated on a year-round or school year basis may be funded under
this section, subject to all of the following:
(a) The program enrolls adults referred by their employer who
are less than 20 years of age, have a high school diploma, are
determined to be in need of remedial mathematics or communication
arts skills and are not attending an institution of higher
education.
(b) An individual may be enrolled in this program and the
grant recipient shall receive funding according to subsection (10)
until 1 of the following occurs:
(i) The individual achieves the requisite skills as determined
by appropriate assessment instruments administered at least after
every 90 hours of attendance.
(ii) The individual fails to show progress on 2 successive
assessments after having completed at least 450 hours of
instruction. The department of labor and economic growth shall
provide information to a funding recipient regarding appropriate
assessment instruments for this program.
(10) A funding recipient shall receive payments under this
section in accordance with the following:
(a)
Ninety SEVENTY-FIVE percent for enrollment of eligible
participants.
(b)
Ten TWENTY-FIVE percent for completion of the adult basic
education objectives by achieving an increase of at least 1 grade
level of proficiency in reading or mathematics; for achieving basic
English proficiency; for passage of the G.E.D. test; for passage of
a course required for a participant to attain a high school
diploma; or for completion of the course and demonstrated
proficiency in the academic skills to be learned in the course, as
applicable.
(11) As used in this section, "participant" means the sum of
the number of full-time equated individuals enrolled in and
attending a department-approved adult education program under this
section, using quarterly participant count days on the schedule
described in section 6(7)(b).
(12) A person who is not eligible to be a participant funded
under this section may receive adult education services upon the
payment of tuition. In addition, a person who is not eligible to be
served in a program under this section due to the program
limitations specified in subsection (6), (7), (8), or (9) may
continue to receive adult education services in that program upon
the payment of tuition. The tuition level shall be determined by
the local or intermediate district conducting the program.
(13) An individual who is an inmate in a state correctional
facility shall not be counted as a participant under this section.
(14) A district shall not commingle money received under this
section or from another source for adult education purposes with
any other funds of the district. A district receiving adult
education funds shall establish a separate ledger account for those
funds. This subsection does not prohibit a district from using
general funds of the district to support an adult education or
community education program.
(15) A district or intermediate district receiving funds under
this section may establish a sliding scale of tuition rates based
upon a participant's family income. A district or intermediate
district may charge a participant tuition to receive adult
education services under this section from that sliding scale of
tuition rates on a uniform basis. The amount of tuition charged per
participant shall not exceed the actual operating cost per
participant minus any funds received under this section per
participant. A district or intermediate district may not charge a
participant tuition under this section if the participant's income
is at or below 200% of the federal poverty guidelines published by
the United States department of health and human services.
Sec. 121. (1) The valuation of a whole or fractional district
shall be the total taxable value of the property contained in the
whole or fractional district as last determined by the state tax
commission and placed on the ad valorem tax roll. For purposes of
computations made under this act, except as provided in section 26,
the taxable value of a district or intermediate district shall
include the value of property used to calculate the tax imposed on
lessees or users of tax-exempt property under Act No. 189 of the
Public Acts of 1953, being sections 211.181 to 211.182 of the
Michigan Compiled Laws, . AND THE VALUE OF
PROPERTY USED TO
CALCULATE THE STATE PAYMENT IN LIEU OF TAX ON STATE PURCHASED
PROPERTY UNDER SECTION 2153 OF THE NATURAL RESOURCES AND
ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.2153.
Adjustments to this taxable value shall be made for all of the
following:
(a) State tax tribunal decisions.
(b) Court decisions.
(c) Local board of review adjustments made after the state tax
commission determination.
(d) Lands deeded to the state for jurisdictions without
delinquent tax revolving funds or for jurisdictions that have
required repayment to the delinquent tax revolving funds.
(e) The requirements of this act.
(2) Adjustments under subsection (1) shall not be made for
more than the 6 state fiscal years immediately preceding the state
fiscal year in which the adjustment is made, except that an
adjustment pursuant to a state tax tribunal decision or court
decision shall be made for the tax years involved in the decision
and any subsequent years affected by the
decision.
Sec.
147. (1) The allocation for 2005-2006 2006-2007 for the
public school employees' retirement system pursuant to the public
school employees retirement act of 1979, 1980 PA 300, MCL 38.1301
to 38.1408, shall be made using the entry age normal cost actuarial
method and risk assumptions adopted by the public school employees
retirement board and the department of management and budget. The
annual level percentage of payroll contribution rate is estimated
at 16.34% 17.74% for the 2005-2006
2006-2007 state fiscal year. The
portion of the contribution rate assigned to districts and
intermediate districts for each fiscal year is all of the total
percentage points. This contribution rate reflects an amortization
period of 31 30 years for
2005-2006 2006-2007. The public school
employees' retirement system board shall notify each district and
intermediate district by February 28 of each fiscal year of the
estimated contribution rate for the next fiscal year.
(2) It is the intent of the legislature that the amortization
period described in section 41(2) of the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1341, be reduced to 30
years by the end of the 2005-2006 state fiscal year by reducing the
amortization period by not more than 1 year each fiscal year.
Sec. 161a. If a court determines that a person intentionally
violated section 411a of the Michigan penal code, 1931 PA 328, MCL
750.411a, by making a false report of the commission of a crime
described in section 6(6)(g) (F)
knowing the report to be false for
the purpose of having a pupil counted in membership in a district
under section 6(6)(g) (F),
as part of the restitution ordered under
section 30 of chapter XIIA of 1939 PA 288, MCL 712A.30, section 16,
44, or 76 of the crime victim's rights act, 1985 PA 87, MCL
780.766, 780.794, and 780.826, or section 1a of chapter IX of the
code of criminal procedure, 1927 PA 175, MCL 769.1a, the court may
order the person to pay the pupil's district of residence an amount
that is not more than the state school aid that district would have
received attributable to the pupil if the pupil had been counted in
membership in his or her district of residence.
Sec. 167. (1) The department in cooperation with the
department of community health shall develop plans to assist
districts and intermediate districts and local county health
departments to comply with section 1177 of the revised school code,
MCL 380.1177, and section 9209 of the public health code, 1978 PA
368, MCL 333.9209, for each school year.
(2) Each district or intermediate district shall report to the
local health department in which it is located by November 1 of
each fiscal year, in a manner prescribed by the department of
community health, the immunization status of each pupil in grades K
through 12 who enrolled in the district or intermediate district
for the first time or, beginning in 2002-2003, who enrolled in
grade 6 in the district or intermediate district for the first
time, between January 1 and September 30 of the immediately
preceding fiscal year. Not later than December 31 of each fiscal
year, the department of community health shall notify the
department by district or intermediate district of the percentage
of entering pupils and, beginning in 2002-2003, of pupils who
enrolled in grade 6 for the first time who do not have a completed,
waived, or provisional immunization record in accordance with
section 1177 of the revised school code, MCL 380.1177. If a
district or intermediate district does not have a completed,
waived, or provisional immunization record in accordance with
section 1177 of the revised school code, MCL 380.1177, for at least
90% of the district's or intermediate district's entering pupils,
as recorded in the November 1 reports required under this
subsection, the district or intermediate district is subject to
subsection (4) until the district or intermediate district has such
an immunization record for at least 90% of its pupils who enrolled
in the district or intermediate district for the first time.
(3) Each district or intermediate district shall again report
to the local health department in which it is located by February 1
of each fiscal year, in a manner prescribed by the department of
community health, the immunization status of each pupil in grades K
through 12 who enrolled in the district or intermediate district
for the first time or, beginning in 2002-2003, who enrolled in
grade 6 in the district or intermediate district for the first
time, between January 1 of the immediately preceding fiscal year
and December 31 of the current fiscal year. Not later than March 31
of each fiscal year, the department of community health shall
notify the department by district or intermediate district of the
percentage of entering pupils and, beginning in 2002-2003, of
pupils who enrolled in grade 6 for the first time who do not have a
completed, waived, or provisional immunization record in accordance
with section 1177 of the revised school code, MCL 380.1177. If a
district or intermediate district does not have a completed,
waived, or provisional immunization record in accordance with
section 1177 of the revised school code, MCL 380.1177, for at least
95% of the district's or intermediate district's entering pupils,
as recorded in the February 1 reports required under this
subsection, the district or intermediate district is subject to
subsection (4) until the district or intermediate district has such
an immunization record for at least 95% of its pupils who enrolled
in the district or intermediate district for the first time. If the
department of community health is not able to report to the
department by March 31 because a district or intermediate district
fails to submit a report as required in this subsection, or submits
an incomplete, inaccurate, or late report, the district or
intermediate district is subject to subsection (4) until the report
is submitted in a complete and accurate form.
(4) If a district or intermediate district does not comply
with this section, the department shall withhold 5% of the total
funds due to the district or intermediate district under this act
after the date the department of community health reports a
district's or intermediate district's noncompliance with this
section to the department until the district or intermediate
district complies with this section. If the district or
intermediate district does not comply with this section by the end
of the fiscal year, the district or intermediate district forfeits
the total amount withheld.
(5)
For 2005-2006 only, if a pupil has been evacuated from
another state and relocated in this
state due to a natural disaster
and is being educated in a district,
if the pupil's immunization
record has not yet been received or
confirmed, and if the district
is making a good faith effort to
obtain immunization information
concerning the pupil, the district
may exclude the pupil from the
calculation of the specified
percentages in subsections (2) and
(3).
Enacting section 1. In accordance with section 30 of article
I of the state constitution of 1963, total state spending in this
amendatory act from state sources for fiscal year 2006-2007 is
estimated $11,706,277,800.00 and state appropriations to be paid
to local units of government for fiscal year 2006-2007 are
estimated at $11,582,641,800.00.
Enacting section 2. Sections 8a, 31b, 32k, 33, 99b, 105a and
166 of the state school aid act of 1979, 1979 PA 94, MCL 388.1608a,
MCL 388.1631b, MCL 388.1632k, MCL 388.1633, MCL 388.1699b,
MCL.1705a and MCL 388.1766, are repealed effective October 1, 2006.
Enacting section 3. (1) Except as otherwise specified
in subsection (2), this act shall take effect October 1, 2006.
(2) Sections 11, 15, 22a, 22b, 22e, 34, 35, 51a, 51c, 56 and
62 as amended by this amendatory act, take effect upon enactment of
this amendatory act.