April 24, 2008, Introduced by Senator KUIPERS and referred to the Committee on Education.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending section 22b (MCL 388.1622b), as amended by 2007 PA 137,
and by adding section 42.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 22b. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $3,722,000,000.00 for 2007-2008
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 do all of the following:
(a) 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.
(b) Comply with sections 1278a and 1278b of the revised school
code, MCL 380.1278a and 380.1278b.
(c) Furnish data and other information required by state and
federal law to the center and the department in the form and manner
specified by the center or the department, as applicable.
(d) Comply with section 1230g of the revised school code, MCL
380.1230g.
(e) If the district is a district that is subject to section
42, comply with that section by expending the amount of the funds
it receives under this section necessary to provide the
intervention program required under that section.
(4) Districts are encouraged to use funds allocated under this
section for the purchase and support of payroll, human resources,
and other business function software that is compatible with that
of the intermediate district in which the district is located and
with other districts located within that intermediate district.
(5) 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.
(6) 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.
(7) 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 (6) 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).
(8) 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.
(9) 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.
(10) If a lawsuit challenging payments made to districts
related to costs reimbursed by federal title XIX medicaid funds is
filed against this state, then, for the purpose of addressing
potential liability under such a lawsuit, the state budget director
may place funds allocated under this section in escrow or allocate
money from the funds otherwise allocated under this section, up to
a maximum of 50% of the amount allocated in subsection (1). If
funds are placed in escrow under this subsection, those 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 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.
(11) From the allocation in subsection (1), there is allocated
for 2007-2008 only an amount not to exceed $40,000.00 for payment
to a district that meets all of the following:
(a) Had a membership of less than 900 pupils for 2006-2007.
(b) Is located in an intermediate district that had a taxable
value per membership pupil, as defined in section 22a, of greater
than $290,000.00 for 2006-2007.
(c) The school electors of the district voted in the
affirmative on May 8, 2007 to restore a millage reduction required
under section 31 of article IX of the state constitution of 1963,
but the district was later found to have an incorrect millage
reduction fraction as defined in section 34d of the general
property tax act, 1893 PA 206, MCL 211.34d.
Sec. 42. (1) A district that is subject to this section shall
use the amount of the funds it receives under section 22b necessary
to provide a program for the purposes of providing enhanced
instructional services, periodic screenings, and early intervening
services as described in this section; improving the literacy
skills of students in grades K to 3 so that they are reading at
grade level as soon as possible; and preventing inappropriate or
unnecessary referrals to special education services. A district is
subject to this section if the district operates at least 1
elementary school that has been determined by the department to be
in phase 2 or above of the corrective measures required for schools
that are determined to not meet the adequate yearly progress
standard in English language arts under the no child left behind
act of 2001, Public Law 107-110.
(2) A program provided under this section shall meet all of
the following:
(a) Shall provide in each elementary school described in
subsection (1) a comprehensive, age-appropriate language arts
curriculum that helps ensure that pupils meet the grade level
content expectations developed by the department in English
language arts for the grade level in which the pupils are enrolled.
(b) Shall be designed to include active and continuous
involvement of the parents or guardians of the pupils participating
in the program.
(c) Shall provide all pupils in grades K to 3 in the
elementary school with 60 to 90 minutes of reading instruction per
school day using a core comprehensive reading program that is
research-based. The reading instruction must include phonemic
awareness, phonics, fluency, vocabulary, and comprehension, and
oral language and writing taught in a combination of entire class
setting, small group settings, and individual practice.
(d) Shall regularly measure pupils' literacy skills in all of
grades K to 3 in the elementary school. Screenings shall be
conducted schoolwide at least 3 times per school year in each of
grades K to 3, shall screen for learning difficulty and to
determine whether a pupil is meeting applicable basic literacy
benchmarks for his or her grade level, and shall be conducted using
a research-based screening tool that is proven reliable and valid.
(e) If a pupil is determined by the screening under
subdivision (d) to need further intervention because the screening
reveals that the pupil is not meeting applicable basic literacy
benchmarks for his or her grade level, then the program shall
provide the pupil with at least 30 minutes of reading instruction
per school day in addition to the instruction required under
subdivision (c). This reading instruction shall be of the same type
as described in subdivision (c), except that it shall be taught in
a combination of small group settings and individual practice.
Further, the program shall ensure that these pupils are rescreened
through progress monitoring at least every 2 to 4 weeks.
(f) If a pupil receiving additional intervention under
subdivision (e) is determined by the program screening to still not
be meeting applicable basic literacy benchmarks for his or her
grade level, then the program shall provide the pupil with at least
30 more minutes of reading instruction per school day in addition
to the instruction required under subdivisions (c) and (d). This
reading instruction shall be of the same type as described in
subdivision (c), except that it shall be taught in a combination of
small group settings and individual practice.
(g) If a pupil in grades K to 3 has been determined to not
meet applicable basic literacy benchmarks for his or her grade
level, then by the end of the first semester or trimester, or as
early as is practicable for parents to assist in the pupil's
academic improvement, whichever is earlier, the program shall
provide for a written notice to the pupil's parent or legal
guardian. The notice shall include all of the following:
(i) Notification that the pupil's school has determined that
the child has failed to meet standards for basic literacy skills,
based on the grade level content expectations in English language
arts established by the department for the pupil's grade level.
(ii) Notification as to the specific role the parent or
guardian can play at home to improve the pupil's literacy skills,
including at least any extra work that the parent or guardian can
do with the pupil and a description of varied approaches to
completing homework or extra work in order to help raise the
reading skill level of the pupil.
(iii) If the pupil is enrolled in a school that is required to
provide supplemental services under the federal no child left
behind act of 2001, Public Law 107-110, notification that the
pupil's parent or legal guardian has a right to receive
reimbursement for the pupil to receive services from a supplemental
service provider identified by the department and that the pupil's
parent or legal guardian may choose to have the pupil receive
supplemental services from 1 of these providers with reimbursement
from the school district or public school academy. This part of the
notice shall include a listing of the supplemental service
providers that are identified by the department under section 1283
of the revised school code, MCL 380.1283, and that are located
within a 30-mile radius of the pupil's school.
(h) The program shall provide a copy of the notice required
under subdivision (g) to the department, and the department shall
maintain a copy of this notice.
(i) The program shall do all of the following with regard to
pupils in later grades:
(i) Shall rescreen pupils in grades 6 and 8 using the MEAP
English language arts assessments for those grades. This
rescreening in grade 6 shall begin in 2011-2012 and in grade 8
shall begin in 2013-2014, and shall be done for all pupils in these
grades who were determined by the screening in grade 3 to require
additional intervention under subdivision (f) or who have enrolled
in the school for the first time after grade 3.
(ii) If a pupil did not achieve level I or II on the MEAP
English language arts assessment, shall provide at least 30 minutes
of reading instruction per school day in addition to the pupil's
regular English language arts instruction. This reading instruction
shall be of the same type as described in subdivision (c), except
that it shall be taught in a combination of small group settings
and individual practice. Further, the program shall ensure that
these pupils are rescreened through progress monitoring at least
every 2 to 4 weeks.
(iii) If a pupil receiving additional intervention under
subparagraph (ii) is determined by the program screening to still
not be meeting applicable basic literacy benchmarks for his or her
grade level, shall provide at least 30 more minutes of reading
instruction per school day in addition to the instruction required
under subparagraph (ii) and the pupil's regular English language
arts instruction. This reading instruction shall be of the same
type as described in subdivision (c), except that it shall be
taught in a combination of small group settings and individual
practice.
(3) A district that is subject to this section shall report
all of the following to the department on an annual basis by June
30 of each year:
(a) The percentage of pupils in each elementary school that
receives services from the program under this section who are
referred to special education for learning disabilities.
(b) The amount of estimated cost savings, if any, incurred as
a result of implementing this intervention program.
(4) A district may contract with an intermediate district to
provide the program under this section. If an intermediate district
has at least 2 constituent districts that each operate at least 1
elementary school that has been determined by the department to be
in phase 2 or above of the corrective measures required for schools
that are determined to not meet the adequate yearly progress
standard in English language arts under the no child left behind
act of 2001, Public Law 107-110, the intermediate district shall
offer to provide the services required under this section to those
constituent districts.
(5) The department shall develop and make available to
districts that are subject to this section a model parent
notification form that may be used for the purposes of subsection
(2).
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 842 of the 94th Legislature is enacted into
law.