HB-5314, As Passed House, June 12, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 5314
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 12, 15,
17a, 18, 19, 20, 20d, 20f, 20g, 21b, 21f, 22a, 22b, 22c, 22d, 22f,
22g, 22i, 22j, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d,
31f, 32d, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62,
74, 81, 94, 94a, 98, 99, 99h, 101, 104, 104b, 107, 147, 147a, 147c,
152a, 161, 163, 168, 201, 201a, 202a, 206, 209, 210b, 217, 224,
225, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 245, 246, 252,
256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 272a, 273, 274,
274a, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284 (MCL
388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611g, 388.1611j,
388.1611k, 388.1611m, 388.1612, 388.1615, 388.1617a, 388.1618,
388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621b,
388.1621f, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622f,
388.1622g, 388.1622i, 388.1622j, 388.1624, 388.1624a, 388.1624c,
388.1625e, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a,
388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a,
388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654,
388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694,
388.1694a, 388.1698, 388.1699, 388.1699h, 388.1701, 388.1704,
388.1704b, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a,
388.1761, 388.1763, 388.1768, 388.1801, 388.1801a, 388.1802a,
388.1806, 388.1809, 388.1810b, 388.1817, 388.1824, 388.1825,
388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b,
388.1836c, 388.1841, 388.1845, 388.1846, 388.1852, 388.1856,
388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867,
388.1868, 388.1869, 388.1870, 388.1872a, 388.1873, 388.1874,
388.1874a, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879,
388.1880, 388.1881, 388.1882, 388.1883, and 388.1884), sections 6,
20, 24c, 25e, 26a, 74, 104b, 107, and 147a as amended by 2013 PA
130, section 8b as amended by 2007 PA 92, sections 11, 11m, 20g,
21f, 22a, 22b, 22g, 51a, 51c, 99h, 101, and 147c as amended and
sections 25f and 94 as added by 2014 PA 116, sections 11a, 11j,
11k, 12, 15, 18, 19, 20d, 22d, 22f, 22i, 22j, 24, 24a, 26b, 26c,
31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62,
81, 94a, 98, 99, 104, 147, 152a, 201, 201a, 206, 209, 224, 225,
229, 229a, 230, 236, 236a, 236b, 241, 245, 246, 252, 263, 263a,
264, 265, 265a, 267, 268, 269, 270, 273, 274, 274a, 275, 276, 277,
278, 279, 280, 281, and 282 as amended and sections 20f, 22c, 210b,
236c, and 272a as added by 2013 PA 60, sections 11g and 17a as
amended by 2013 PA 97, section 21b as amended by 2004 PA 351,
section 161 as amended by 1990 PA 207, section 163 as amended by
2007 PA 137, section 168 as added by 1993 PA 175, and section 202a
as added and sections 217, 256, 283, and 284 as amended by 2012 PA
201, and by adding sections 11r, 31g, 43, 64b, 64c, 74a, 95a, 99b,
104c, 147d, 164f, 207a, 207b, 207c, and 271a; and to repeal acts
and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) "Center program" means a program operated by a
district or by an intermediate district for special education
pupils from several districts in programs for 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 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
article, means for a district, a public school academy, the
education achievement system, or an intermediate district the sum
of the product of .90 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 .10 times the final audited count from the
supplemental count day for the current school year. A district's,
public school academy's, or intermediate district's membership
shall
be adjusted as provided under section 25 25E for pupils who
enroll in the district, public school academy, or intermediate
district after the pupil membership count day. 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. For the purposes of this section and
section 6a, for a school of excellence that is a cyber school, as
defined in section 551 of the revised school code, MCL 380.551, and
is in compliance with section 553a of the revised school code, MCL
380.553a, a pupil's participation in the cyber school's educational
program is considered regular daily attendance; for the education
achievement system, a pupil's participation in an online
educational program of the education achievement system or of an
achievement school is considered regular daily attendance; and for
a district a pupil's participation in an online course as defined
in section 21f is considered regular daily attendance. 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, a public school academy, the education achievement
system, or an 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 career and technical 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 public school academy shall be
counted in membership in the public school academy.
(h) A pupil enrolled in an achievement school shall be counted
in membership in the education achievement system.
(i) For a new district or public school academy beginning its
operation after December 31, 1994, or for the education achievement
system or an achievement school, 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, a public school academy, the education
achievement system, or an 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) To be counted in membership, a pupil shall meet the
minimum age requirement to be eligible to attend school under
section 1147 of the revised school code, MCL 380.1147, or shall be
enrolled under subsection (3) of that section, and shall be less
than 20 years of age on September 1 of the school year except as
follows:
(i) A special education pupil who is enrolled and receiving
instruction in a special education program or service approved by
the department, who does not have a high school diploma, and who is
less than 26 years of age as of September 1 of the current school
year shall be counted in membership.
(ii) A pupil who is determined by the department to meet all
of the following may be counted in membership:
(A) Is enrolled in a public school academy or an alternative
education high school diploma program, that is primarily focused on
educating
homeless pupils. and that is located in a city with a
population
of more than 175,000.
(B) Had dropped out of school for more than 1 year and has re-
entered school.
(C) Is less than 22 years of age as of September 1 of the
current school year.
(iii) If a child does not meet the minimum age requirement to
be eligible to attend school for that school year under section
1147 of the revised school code, MCL 380.1147, but will be 5 years
of age not later than December 1 of that school year, the district
may count the child in membership for that school year if the
parent or legal guardian has notified the district in writing that
he or she intends to enroll the child in kindergarten for that
school year.
(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 unless the individual is a pupil with a
disability as defined in R 340.1702 of the Michigan administrative
code. 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
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 or the education achievement system 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 or the education achievement system
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 or the
education achievement system 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 or the education achievement
system provides instruction for at least 1/2 of the class hours
specified in subdivision (q), the public school academy or the
education achievement system 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 or the education achievement system 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 or the education achievement
system 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 or the education achievement system.
(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) Beginning in 2012-2013, full-time equated memberships for
pupils in kindergarten shall be determined by dividing the number
of instructional hours scheduled and provided per year per
kindergarten pupil by the same number used for determining full-
time equated memberships for pupils in grades 1 to 12. However, to
the extent allowable under federal law, for a district or public
school academy that provides evidence satisfactory to the
department that it used federal title I money in the 2 immediately
preceding school fiscal years to fund full-time kindergarten, 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. The change in the counting of full-time
equated memberships for pupils in kindergarten that took effect for
2012-2013 is not a mandate.
(s) For a district, a public school academy, or the education
achievement system that has pupils enrolled in a grade level that
was not offered by the district, the public school academy, or the
education achievement system 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 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, the public school academy, or the
education
achievement system that is educating the pupil.
(v) (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 or the education achievement system within 45 days after
the pupil membership count day, the department shall adjust the
district's or the education achievement system's pupil count for
the pupil membership count day to include the pupil in the count.
(w) (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 .90 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 .10 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.
(x) (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(2), 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 or the education
achievement
system 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 or the education
achievement
system receives the same amount of membership aid for
the
pupil as if the pupil were counted in the district or the
education
achievement system on the supplemental count day of the
preceding
school year.
(y) (aa)
Full-time equated memberships for
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 special education pupils who are not enrolled in
kindergarten but are receiving early childhood special education
services under R 340.1755 or 340.1862 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.
(z) (bb)
A pupil of a district that begins
its school year
after Labor day who is enrolled in an intermediate district program
that begins before Labor day shall not be considered to be less
than a full-time pupil solely due to instructional time scheduled
but not attended by the pupil before Labor day.
(aa) (cc)
For the first year in which a pupil
is counted in
membership on the pupil membership count day in a middle college
program, the membership is the average of the full-time equated
membership on the pupil membership count day and on the
supplemental count day for the current school year, as determined
by
the department. If a pupil was counted by the operating district
on
the immediately preceding supplemental count day, the pupil
shall
be excluded from the district's immediately preceding
supplemental
count for purposes of determining the district's
membership.
(bb) (dd)
A district, a public school
academy, or the
education achievement system that educates a pupil who attends a
United States Olympic education center may count the pupil in
membership regardless of whether or not the pupil is a resident of
this state.
(cc) (ee)
A pupil enrolled in a district
other than the
pupil's district of residence pursuant to section 1148(2) of the
revised school code, MCL 380.1148, shall be counted in the
educating district or the education achievement system.
(dd) (ff)
For a pupil enrolled in a dropout
recovery program
that meets the requirements of section 23a, the pupil shall be
counted as 1/12 of a full-time equated membership for each month
that the district operating the program reports that the pupil was
enrolled
in the program and was in full attendance. However, a
pupil
counted under this subdivision shall not be counted as more
than
1.0 FTE in a fiscal year. if
the special membership counting
provisions under this subdivision and the operation of the other
membership counting provisions under this subsection result in a
pupil being counted as more than 1.0 FTE in a fiscal year, the
payment made for the pupil under sections 22a and 22b shall not be
based on more than 1.0 FTE for that pupil, and any portion of an
FTE for that pupil that exceeds 1.0 shall instead be paid under
section 25f. The district operating the program shall report to the
center the number of pupils who were enrolled in the program and
were in full attendance for a month not later than the tenth day of
the next month. A district shall not report a pupil as being in
full attendance for a month unless both of the following are met:
(i) A personalized learning plan is in place on or before the
first school day of the month for the first month the pupil
participates in the program.
(ii) The pupil meets the district's definition under section
23a of satisfactory monthly progress for that month or, if the
pupil does not meet that definition of satisfactory monthly
progress for that month, the pupil did meet that definition of
satisfactory monthly progress in the immediately preceding month
and appropriate interventions are implemented within 10 school days
after it is determined that the pupil does not meet that definition
of satisfactory monthly progress.
(5) "Public school academy" means that term as defined in
section 5 of the revised school code, MCL 380.5.
(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 the
education achievement system.
(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 750.90h, 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.
(v) The pupil is enrolled in an alternative or
disciplinary
education
program described in section 25.
(i) A pupil enrolled in the Michigan virtual school, for the
pupil's enrollment in the Michigan virtual school.
(j) A pupil who is the child of a person who works at the
district or who is the child of a person who worked at the district
as of the time the pupil first enrolled in the district but who no
longer works at the district due to a workforce reduction. As used
in this subdivision, "child" includes an adopted child, stepchild,
or legal ward.
(k) An expelled pupil who has been denied reinstatement by the
expelling district and is reinstated by another school board under
section 1311 or 1311a of the revised school code, MCL 380.1311 and
380.1311a.
(l) A pupil enrolled in a district other than the pupil's
district of residence in a middle college program if the pupil's
district of residence and the enrolling district are both
constituent districts of the same intermediate district.
(m) A pupil enrolled in a district other than the pupil's
district of residence who attends a United States Olympic education
center.
(n) A pupil enrolled in a district other than the pupil's
district of residence pursuant to section 1148(2) of the revised
school code, MCL 380.1148.
(o) A pupil who enrolls in a district other than the pupil's
district of residence as a result of the pupil's school not making
adequate yearly progress under the no child left behind act of
2001, Public Law 107-110.
(p) An online learning pupil enrolled in a district other than
the pupil's district of residence as an eligible pupil under
section 21f.
However, if a district educates pupils who reside in another
district and if the primary instructional site for those pupils is
established by the educating district after 2009-2010 and is
located within the boundaries of that other district, the educating
district must have the approval of that other district to count
those pupils in membership.
(7) "Pupil membership count day" of a district or intermediate
district means:
(a) Except as provided in subdivision (b), the first Wednesday
in October each school year or, for a district or building in which
school is not in session on that Wednesday due to conditions not
within the control of school authorities, with the approval of the
superintendent, the immediately following day on which school is in
session in the district or building.
(b) For a district or intermediate district maintaining school
during the entire school year, the following days:
(i) Fourth Wednesday in July.
(ii) First Wednesday in October.
(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, an intermediate district, a public school
academy, or the education achievement system 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, public school academy, or education
achievement system 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 district of the first class", "first class school
district", and "district of the first class" mean, for the purposes
of
this article only, a district that had
at least 60,000 40,000
pupils in membership for the immediately preceding fiscal year.
(12) "School fiscal year" means a fiscal year that commences
July 1 and continues through June 30.
(13) "State board" means the state board of education.
(14) "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.
(15) "Supplemental count day" means the day on which the
supplemental pupil count is conducted under section 6a.
(16) "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 to the district of residence.
Tuition pupil does not include a pupil who is a special education
pupil, a pupil described in subsection (6)(c) to (p), or a pupil
whose parent or guardian voluntarily enrolls the pupil in a
district that is not the pupil's district of residence. 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.
(17) "State school aid fund" means the state school aid fund
established in section 11 of article IX of the state constitution
of 1963.
(18) "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.
(19) "Textbook" means a book, electronic book, or other
instructional print or electronic resource that is selected and
approved by the governing board of a district or, for an
achievement school, by the chancellor of the achievement authority
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.
(20) "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
article.
Sec. 8b. (1) The department shall assign a district code to
each public school academy that is authorized under the revised
school
code and is eligible to receive funding under this act
article within 30 days after a contract is submitted to the
department by the authorizing body of a public school academy.
(2) If the department does not assign a district code to a
public school academy within the 30-day period described in
subsection (1), the district code the department shall use to make
payments
under this act article to the newly authorized public
school academy shall be a number that is equivalent to the sum of
the last district code assigned to a public school academy located
in the same county as the newly authorized public school academy
plus 1. However, if there is not an existing public school academy
located in the same county as the newly authorized public school
academy, then the district code the department shall use to make
payments
under this act article to the newly authorized public
school academy shall be a 5-digit number that has the county code
in which the public school academy is located as its first 2
digits, 9 as its third digit, 0 as its fourth digit, and 1 as its
fifth digit. If the number of public school academies in a county
grows to exceed 100, the third digit in this 5-digit number shall
then
be 8 7 for the public school academies in excess of 100.
Sec. 11. (1) For the fiscal year ending September 30, 2014,
there is appropriated for the public schools of this state and
certain other state purposes relating to education the sum of
$11,115,232,300.00
$11,200,232,300.00 from the state school aid
fund, the sum of $156,000,000.00 from the MPSERS retirement
obligation reform reserve fund created under section 147b, and the
sum
of $234,900,000.00 $149,900,000.00
from the general fund. For
the fiscal year ending September 30, 2015, there is appropriated
for the public schools of this state and certain other state
purposes relating to education the sum of $11,929,262,900.00 from
the state school aid fund, the sum of $18,000,000.00 from the
MPSERS retirement obligation reform reserve fund created under
section 147b, and the sum of $114,900,000.00 from the general fund.
In addition, all other available federal funds are appropriated
each fiscal year for the fiscal year ending September 30, 2014 and
for the fiscal year ending September 30, 2015.
(2) The appropriations under this section shall be allocated
as provided in this article. Money appropriated under this section
from the general fund shall be expended to fund the purposes of
this article before the expenditure of money appropriated under
this section from the state school aid fund.
(3) Any general fund allocations under this article 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 296(2) and state payments in an amount
equal to the remainder of the projected shortfall shall be prorated
in the manner provided under section 296(3).
(7)
For 2013-2014, 2014-2015, in addition to the
appropriations in section 11, there is appropriated from the school
aid stabilization fund to the state school aid fund the amount
necessary to fully fund the allocations under this article.
Sec. 11g. (1) From the appropriation in section 11, there is
allocated for this section an amount not to exceed $39,500,000.00
for
the fiscal year ending September 30, 2014 and for the fiscal
year
ending September 30, 2015, after
which these payments will
cease. 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 and any other provision of this article 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 1 of the
following:
(a) If the district or intermediate district does not borrow
money and issue bonds under section 11i, 1/30 of the total amount
listed in section 11h for the district or intermediate district
through the fiscal year ending September 30, 2015.
(b) If the district or intermediate district borrows money and
issues bonds under section 11i, an amount in each fiscal year
calculated by the department of treasury that is equal to the debt
service amount in that fiscal year on 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.
(7) If a district eligible for payments under this section is
dissolved under section 12 of the revised school code, MCL 380.12,
the payment otherwise due to the dissolved district under this
section shall be paid instead to the intermediate district of the
dissolved district. The intermediate district of the dissolved
district shall perform any functions and responsibilities of the
board and other officers of the dissolved district necessary under
this section on behalf of the dissolved district. As used in this
subsection, "dissolved district" and "receiving district" mean
those terms as defined in section 20.
Sec. 11j. From the appropriation in section 11, there is
allocated
an amount not to exceed $131,660,000.00 for 2013-2014
$126,000,000.00 for 2014-2015 for payments to the school loan bond
redemption fund in the department of treasury on behalf of
districts and intermediate districts. Notwithstanding section 296
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 2013-2014, 2014-2015,
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 finance
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. 11m. From the appropriations in section 11, there is
allocated
for 2013-2014 2014-2015 an amount not to exceed
$2,500,000.00
$4,000,000.00 for fiscal year cash-flow borrowing
costs solely related to the state school aid fund established by
section 11 of article IX of the state constitution of 1963.
Sec. 11r. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $4,000,000.00 to be deposited
into the distressed districts emergency grant fund created under
this section for the purpose of funding grants under this section.
(2) The distressed districts emergency grant fund is created
as a separate account within the state school aid fund. The state
treasurer may receive money or other assets from any source for
deposit into the distressed districts emergency grant fund. The
state treasurer shall direct the investment of the distressed
districts emergency grant fund and shall credit to the distressed
districts emergency grant fund interest and earnings from the fund.
(3) Subject to subsection (4), a district is eligible to
receive a grant from the distressed districts emergency grant fund
if either of the following applies:
(a) The district has adopted a resolution authorizing the
voluntary dissolution of the district approved by the state
treasurer under section 12 of the revised school code, MCL 380.12,
but the dissolution has not yet taken effect under that section.
(b) The district is a receiving district under section 12 of
the revised school code, MCL 380.12, and the district enrolls
pupils who were previously enrolled in a district that was
dissolved under section 12 of the revised school code, MCL 380.12,
in the immediately preceding school year.
(4) A district receiving funds under section 20g is not
eligible to receive funds under this section.
(5) The amount of a grant under this section shall be
determined by the state treasurer after consultation with the
superintendent of public instruction, but shall not exceed the
estimated amount of remaining district costs in excess of available
revenues, including, but not limited to, payroll, benefits,
retirement system contributions, pupil transportation, food
services, special education, building security, and other costs
necessary to allow the district to operate schools directly and
provide public education services until the end of the current
school fiscal year. For a district that meets the eligibility
criteria under subsection (3)(b), the amount of the grant shall be
determined in the same manner as transition costs under section
20g.
(6) Before disbursing funds under this section, the state
treasurer shall notify the house and senate appropriations
subcommittees on school aid and the house and senate fiscal
agencies. The notification shall include, but not be limited to,
the district receiving funds under this section, the amount of the
funds awarded under this section, an explanation of the district
conditions that necessitate funding under this section, and the
intended use of funds disbursed under this section.
(7) Money in the distressed districts emergency grant fund at
the close of a fiscal year shall remain in the distressed districts
emergency grant fund and shall not lapse to the state school aid
fund or to the general fund.
Sec. 12. It is the intent of the legislature to appropriate
and
allocate for the fiscal year ending September 30, 2015 2016 the
same amounts of money from the same sources for the same purposes
as are appropriated and allocated under this article for the fiscal
year
ending September 30, 2014, 2015,
as adjusted for changes in
pupil membership, taxable values, special education costs, interest
costs, retirement costs, and available revenue. These adjustments
will
be determined after the January 2014 2015 consensus revenue
estimating conference.
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
article, 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
article other than a special education or special education
transportation payment, from the proceeds of a loan to the district
under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to
141.942, or from the proceeds of millage levied or pledged under
section 1211 of the revised school code, MCL 380.1211. State aid
overpayments made in special education or special education
transportation payments may be recovered from subsequent special
education or special education transportation payments, from the
proceeds of a loan to the district under the emergency municipal
loan act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds
of millage levied or pledged under section 1211 of the revised
school code, MCL 380.1211.
(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 when 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 and may advance payments to the district otherwise
authorized under this article if the district would otherwise
experience a significant hardship in satisfying its financial
obligations.
(3) If, based on an audit by the department or the
department's
designee or because of the receipt
of new or updated
data,
information received by the
department, the department
determines
during a fiscal year that the amount paid to a district
or intermediate district under this article for the current fiscal
year
or a prior fiscal year was incorrect, under
the law in effect
for
that year, the department may shall 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.
in the next apportionment after the adjustment is finalized. The
deduction or payment shall be calculated according to the law in
effect
in the fiscal year in which the improper incorrect amount
was paid. If the district does not receive an allocation for the
fiscal year or if the allocation is not sufficient to pay the
amount of any deduction, the amount of any deduction otherwise
applicable shall be satisfied from the proceeds of a loan to the
district under the emergency municipal loan act, 1980 PA 243, MCL
141.931 to 141.942, or from the proceeds of millage levied or
pledged under section 1211 of the revised school code, MCL
380.1211, as determined by the department.
(4) The department may conduct audits, or may direct audits by
designee of the department, for the current fiscal year and the
immediately preceding 3 fiscal years of all records related to a
program for which a district or intermediate district has received
funds under this article.
(5) (4)
Expenditures made by the department
under this article
that are caused by the write-off of prior year accruals may be
funded by revenue from the write-off of prior year accruals.
(6) (5)
In addition to funds appropriated
in section 11 for
all
programs and services, there is appropriated for 2013-2014
2014-2015 for obligations in excess of applicable appropriations an
amount equal to the collection of overpayments, but not to exceed
amounts available from 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 article 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, the emergency municipal loan act, 1980 PA 243, MCL
141.931 to 141.942, the local financial stability and choice act,
2012 PA 436, MCL 141.1541 to 141.1575, or other statutory
authority, for financing an outstanding obligation upon which the
district or intermediate district defaulted or for other financial
obligations of the district or intermediate district. 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 article to the extent authorized or required
under section 15 of the school bond qualification, approval, and
loan act, 2005 PA 92, MCL 388.1935, the emergency municipal loan
act, 1980 PA 243, MCL 141.931 to 141.942, the local financial
stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575, or
other statutory authority.
(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 article to the
Michigan finance authority or to the trustee of a pooled
arrangement or pledging the amount for payment of an obligation it
incurred with the Michigan finance authority or with the trustee of
a pooled arrangement, the state treasurer shall transmit to the
Michigan finance authority or a trustee designated by the Michigan
finance authority or to the trustee of a pooled arrangement or
other designated depository the amount of the payment that is
assigned or pledged under the agreement.
(4) If a district or intermediate district for which an
emergency
manager has been appointed pursuant to is in place under
the local financial stability and choice act, 2012 PA 436, MCL
141.1541 to 141.1575, or that has an approved deficit elimination
plan or an approved enhanced deficit elimination plan under section
102, enters into or has entered into an agreement described in
subsection (3) pursuant to section 1225(2) of the revised school
code, MCL 380.1225, whether the obligation was issued before or
after the effective date of this subsection, the portion of state
school aid paid or to be paid on behalf of the district or
intermediate district directly to the Michigan finance authority,
or to a trustee designated by the Michigan finance authority, for
the sole purpose of paying the principal of and interest on the
obligation is subject to a lien and trust that is a statutory lien
and trust, paramount and superior to all other liens and interests
of any kind, for the sole purpose of paying the principal of and
interest on the obligation. The statutory lien and trust applies to
the state school aid received or to be received by the Michigan
finance authority, or trustee designated by the Michigan finance
authority, on behalf of the district or intermediate district,
immediately upon the later of the effective date of this subsection
or the time when the state school aid is allocated to the district
or intermediate district, but is subject to any subsequent
reduction of the state school aid allocation by operation of law or
executive order. The lien and trust imposed by this section with
respect to state school aid has a priority as established in the
agreement, except that the agreement shall not impair any existing
lien and trust previously created pursuant to this section,
including any lien and trust applicable to a multi-year repayment
agreement under section 1225 of the revised school code, MCL
380.1225. Except as otherwise provided in this subsection, the lien
and trust created under this subsection for the benefit of holders
of the obligation issued pursuant to this section is valid and
binding against a party having a claim of any kind in tort,
contract, or otherwise against the district or intermediate
district that has issued the obligation secured by a pledge of
state school aid pursuant to this section, regardless of whether
that party has notice of the pledge. A pledge made pursuant to this
section for the benefit of the holders of obligations or others is
perfected without delivery, recording, or notice. The state school
aid paid or to be paid on behalf of a district or intermediate
district to the Michigan finance authority, or trustee designated
by the Michigan finance authority, shall be held in trust for the
sole benefit of the holders of the obligation issued pursuant to
this section or section 1225 of the revised school code, MCL
380.1225, and is exempt from being levied upon, taken, sequestered,
or applied toward paying the debts or liabilities of the district
or intermediate district other than for payment of the obligation
to which the lien applies. However, nothing in this subsection
alters the ability of the state treasurer to withhold state school
aid from a district or intermediate district as provided by law.
(5)
Notwithstanding the payment dates prescribed by this act
article
for distributions under this act, article, 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 finance 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 finance authority.
(6) This section 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 section shall
contain a statement to that effect.
(7) As used in this section, "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, MCL 380.1225.
(8) If a trustee applies to the state treasurer for approval
of a trust for the purposes of this section, the state treasurer
shall approve or disapprove the trust within 10 days after receipt
of the application.
Sec. 18. (1) Except as provided in another section of this
article, each district or other entity shall apply the money
received by the district or entity under this article to salaries
and other compensation of teachers and other employees, tuition,
transportation, lighting, heating, ventilation, water service, the
purchase of textbooks, 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 sections 22a
and
22b or received by an intermediate
district under this article
section 81 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 article the apportionment otherwise due upon a
violation by the recipient.
(2)
Within 30 15 days after a board adopts its annual
operating budget for the following school fiscal year, or after a
board adopts a subsequent revision to that budget, the district
shall make all of the following available through a link on its
website home page, or may make the information available through a
link on its intermediate district's website home page, in a form
and manner prescribed by the department:
(a) The annual operating budget and subsequent budget
revisions.
(b) Using data that have already been collected and submitted
to the department, a summary of district expenditures for the most
recent fiscal year for which they are available, expressed in the
following 2 pie charts:
(i) A chart of personnel expenditures, broken into the
following subcategories:
(A) Salaries and wages.
(B) Employee benefit costs, including, but not limited to,
medical, dental, vision, life, disability, and long-term care
benefits.
(C) Retirement benefit costs.
(D) All other personnel costs.
(ii) A chart of all district expenditures, broken into the
following subcategories:
(A) Instruction.
(B) Support services.
(C) Business and administration.
(D) Operations and maintenance.
(c) Links to all of the following:
(i) The current collective bargaining agreement for each
bargaining unit.
(ii) Each health care benefits plan, including, but not
limited to, medical, dental, vision, disability, long-term care, or
any other type of benefits that would constitute health care
services, offered to any bargaining unit or employee in the
district.
(iii) The audit report of the audit conducted under subsection
(4) for the most recent fiscal year for which it is available.
(iv) The bids required under section 5 of the public employee
health benefits act, 2007 PA 106, MCL 124.75.
(d) The total salary and a description and cost of each fringe
benefit included in the compensation package for the superintendent
of the district and for each employee of the district whose salary
exceeds $100,000.00.
(e) The annual amount spent on dues paid to associations.
(f) The annual amount spent on lobbying or lobbying services.
As used in this subdivision, "lobbying" means that term as defined
in section 5 of 1978 PA 472, MCL 4.415.
(g) Any deficit elimination plan or enhanced deficit
elimination plan the district was required to submit under this
article.
(h) Identification of all credit cards maintained by the
district as district credit cards, the identity of all individuals
authorized to use each of those credit cards, the credit limit on
each credit card, and the dollar limit, if any, for each
individual's authorized use of the credit card.
(i) Costs incurred for each instance of out-of-state travel by
the school administrator of the district that is fully or partially
paid for by the district and the details of each of those instances
of out-of-state travel, including at least identification of each
individual on the trip, destination, and purpose.
(3) For the information required under subsection (2)(a),
(2)(b)(i), and (2)(c), an intermediate district shall provide the
same information in the same manner as required for a district
under subsection (2).
(4)
For the purpose purposes of determining the reasonableness
of expenditures, whether a district or intermediate district has
received the proper amount of funds under this article, and whether
a violation of this article has occurred, all of the following
apply:
(a) 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, and at such other times as determined
by the department, at the expense of the district or intermediate
district,
as applicable. , The
audits must be performed 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. A district or intermediate district shall retain these
records for the current fiscal year and from at least the 3
immediately preceding fiscal years.
(b) If a district operates in a single building with fewer
than 700 full-time equated pupils, if the district has stable
membership, and if the error rate of the immediately preceding 2
pupil accounting field audits of the district is less than 2%, the
district may have a pupil accounting field audit conducted
biennially but must continue to have desk audits for each pupil
count. The auditor must document compliance with the audit cycle in
the pupil auditing manual. As used in this subdivision, "stable
membership" means that the district's membership for the current
fiscal year varies from the district's membership for the
immediately preceding fiscal year by less than 5%.
(c) 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.
(d) The pupil and financial 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.
(e) All of the following shall be done not later than November
15, each
year:2014 for reporting
2013-2014 data during 2014-2015,
and not later than October 15 for reporting the prior fiscal year
data for all subsequent fiscal years:
(i) A district shall file the annual financial audit reports
with the intermediate district and the department.
(ii) The intermediate district shall file the annual financial
audit reports for the intermediate district with the department.
(iii) The intermediate district shall enter the pupil
membership audit reports for its constituent districts and for the
intermediate district, for the pupil membership count day and
supplemental count day, in the Michigan student data system.
(f) 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.
(g) Not later than January 31 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.
(5)
By November 15, of each year, 2014 for 2014-2015 and by
October 15 for all subsequent fiscal years, 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. 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. The department shall ensure that the
prescribed Michigan public school accounting manual chart of
accounts includes standard conventions to distinguish expenditures
by allowable fund function and object. The functions shall include
at minimum categories for instruction, pupil support, instructional
staff support, general administration, school administration,
business administration, transportation, facilities operation and
maintenance, facilities acquisition, and debt service; and shall
include object classifications of salary, benefits, including
categories for active employee health expenditures, purchased
services, supplies, capital outlay, and other. Districts shall
report the required level of detail consistent with the manual as
part of the comprehensive annual financial report.
(6) 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.
(7) By October 7 of each year, each district and intermediate
district shall file with the center the transportation expenditure
report, known as "SE-4094", on a form and in the manner prescribed
by the center.
(8) The department shall review its pupil accounting and pupil
auditing manuals at least annually and shall periodically update
those manuals to reflect changes in this article.
(9) If a district that is a public school academy purchases
property using money received under this article, the public school
academy shall retain ownership of the property unless the public
school academy sells the property at fair market value.
(10) If a district or intermediate district does not comply
with subsections (4), (5), (6), and (7), the department shall
withhold all state school aid due to the district or intermediate
district under this article, beginning with the next payment due to
the district or intermediate district, until the district or
intermediate district complies with subsections (4), (5), (6), and
(7). However, the department shall not withhold the payment due on
October 20 due to the operation of this subsection. If the district
or intermediate district does not comply with subsections (4), (5),
(6), and (7) by the end of the fiscal year, the district or
intermediate district forfeits the amount withheld.
(11)
Not later than September November
1, 2014, if a district
or intermediate district offers online learning under section 21f,
the district or intermediate district shall submit to the
department a report that details the per-pupil costs of operating
the online learning by vendor type. The report shall include at
least all of the following information concerning the operation of
online learning for the school fiscal year ending June 30, 2014:
(a) The name of the district operating the online learning and
of each district that enrolled students in the online learning.
(b) The total number of students enrolled in the online
learning and the total number of membership pupils enrolled in the
online learning.
(c) For each pupil who is enrolled in a district other than
the district offering online learning, the name of that district.
(d) The district in which the pupil was enrolled before
enrolling in the district offering online learning.
(e) The number of participating students who had previously
dropped out of school.
(f) The number of participating students who had previously
been expelled from school.
(g) The total cost to enroll a student in the program. This
cost shall be reported on a per-pupil, per-course, per-semester or
trimester basis by vendor type. The total shall include costs
broken down by cost for content development, content licensing,
training, online instruction and instructional support, personnel,
hardware and software, payment to each online learning provider,
and other costs associated with operating online learning.
(h) The name of each online education provider contracted by
the district and the state in which each online education provider
is headquartered.
(12) Not later than March 31, 2015, the department shall
submit to the house and senate appropriations subcommittees on
state school aid, the state budget director, and the house and
senate fiscal agencies a report summarizing the per pupil costs by
vendor type of online courses available under section 21f.
(13) As used in subsections (11) and (12), "vendor type" means
the following:
(a) Online courses provided by the Michigan virtual
university.
(b) Online courses provided by a school of excellence that is
a cyber school, as defined in section 551 of the revised school
code, MCL 380.551.
(c) Online courses provided by third party vendors not
affiliated with a Michigan public school.
(d) Online courses created and offered by a district or
intermediate district.
Sec. 19. (1) 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. In addition, a district or
intermediate district shall cooperate with all measures taken by
the center to establish and maintain a statewide P-20 longitudinal
data system.
(2) Each district shall furnish to the center not later than 5
weeks after the pupil membership count day and by June 30 of the
school fiscal year ending in the fiscal year, in a manner
prescribed by the center, the information necessary for the
preparation of the district and high school graduation report. This
information shall meet requirements established in the pupil
auditing manual approved and published by the department. 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 (6).
(3) 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.
(4) 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.
(5) If a district or intermediate district fails to meet the
requirements of this section, the department shall withhold 5% of
the total funds for which the district or intermediate district
qualifies under this article 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.
(6) Before publishing a list of school or district
accountability designations as required by the 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.
(7) It is the intent of the legislature to implement not later
than
2014-2015, 2016-2017, statewide standard reporting
requirements for education data approved by the department in
conjunction with the center. The department shall work with the
center, intermediate districts, districts, and other interested
stakeholders to develop recommendations on the implementation of
this policy change. A district or intermediate district shall
implement the statewide standard reporting requirements not later
than 2014-2015 or when a district or intermediate district updates
its education data reporting system, whichever is later.
Sec.
20. (1) For 2013-2014, the 2014-2015,
both of the
following apply:
(a)
The basic foundation allowance is $8,049.00.$8,099.00.
(b) The minimum foundation allowance is $7,126.00.
(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)
For Except as otherwise
provided in this subdivision, for
a district that had a foundation allowance for the immediately
preceding
state fiscal year that was at least equal to the sum of
$7,108.00
plus the total dollar amount of all adjustments made from
2006-2007
to the immediately preceding state fiscal year in the
lowest
foundation allowance among all districts, minimum foundation
allowance for the immediately preceding state fiscal year, but less
than 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 greater of $6,966.00
or
the district's foundation allowance
for the immediately
preceding state fiscal year plus the difference between twice the
dollar amount of the adjustment from the immediately preceding
state fiscal year to the current state fiscal year made in the
basic
foundation allowance and [(the dollar amount of the
adjustment
from difference between the
basic foundation allowance
for the current state fiscal year and basic foundation allowance
for
the immediately preceding state fiscal
year to the current
state
fiscal year made in the basic foundation allowance minus
$10.00) times (the difference between the district's foundation
allowance for the immediately preceding state fiscal year and the
sum
of $7,108.00 plus the total dollar amount of all adjustments
made
from 2006-2007 to the immediately preceding state fiscal year
in
the lowest foundation allowance among all districts) minimum
foundation allowance for the immediately preceding state fiscal
year) divided by the difference between the basic foundation
allowance
for the current state fiscal year and the sum of
$7,108.00
plus the total dollar amount of all adjustments made from
2006-2007
to the immediately preceding state fiscal year in the
lowest
foundation allowance among all districts]. For 2011-2012,
for
a district that had a foundation allowance for the immediately
preceding
state fiscal year that was at least equal to the sum of
$7,108.00
plus the total dollar amount of all adjustments made from
2006-2007
to the immediately preceding state fiscal year in the
lowest
foundation allowance among all districts, but less than the
basic
foundation allowance for the immediately preceding state
fiscal
year, the district shall receive a foundation allowance in
an
amount equal to the district's foundation allowance for 2010-
2011,
minus $470.00. minimum
foundation allowance for the
immediately preceding state fiscal year]. However, the foundation
allowance for a district that had less than the basic foundation
allowance for the immediately preceding state fiscal year shall not
exceed the basic foundation allowance for the current state fiscal
year. For the purposes of this subdivision, for 2014-2015, the
minimum foundation allowance for the immediately preceding state
fiscal year shall be considered to be $7,076.00. For 2014-2015, for
a district that had a foundation allowance for the immediately
preceding state fiscal year that was at least equal to the minimum
foundation allowance for the immediately preceding state fiscal
year but less than the basic foundation allowance for the
immediately preceding state fiscal year, the district shall receive
a foundation allowance in an amount equal to the district's
foundation allowance for 2013-2014 plus $50.00.
(b) 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 for
2011-2012
2014-2015 in an amount equal to the district's basic
foundation
allowance for 2010-2011, minus $470.00.2014-2015.
(c)
Except as otherwise provided in subdivision (d), for For a
district
that in the 1994-95 state fiscal year had a foundation
allowance for the immediately preceding state fiscal year that was
greater
than $6,500.00, the basic
foundation allowance for the
immediately preceding state fiscal year, 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. Except as otherwise provided
in
subdivision (d), for 2011-2012, for a district that in the 1994-
1995
state fiscal year had a foundation allowance greater than
$6,500.00,
the district's foundation allowance is an amount equal
to
the district's foundation allowance for the 2010-2011 fiscal
year
minus $470.00.
(d)
For a district that in the 1994-95 state fiscal year had a
foundation
allowance greater than $6,500.00 and that had a
foundation
allowance for the 2009-2010 state fiscal year, as
otherwise
calculated under this section, that was less than the
basic
foundation allowance, the district's foundation allowance for
2011-2012
and each succeeding fiscal year shall be considered to be
an
amount equal to the basic foundation allowance.
(d) (e)
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.
(f)
For a district that received a payment under section 22c
as
that section was in effect 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 section 22c as that section was in effect for 2001-
2002.
(e) (g)
For a district that received a
payment under section
22c
as that section was in effect for 2006-2007, 2013-2014, the
district's
2006-2007 2013-2014 foundation allowance shall be
considered to have been an amount equal to the sum of the
district's
actual 2006-2007 2013-2014
foundation allowance as
otherwise calculated under this section plus the per pupil amount
of
the district's equity payment for 2006-2007 2013-2014 under
section
22c as that section was in effect for 2006-2007.2013-2014.
(h)
For 2012-2013, for a district that had a foundation
allowance
for the 2011-2012 state fiscal year of less than
$6,966.00,
the district's foundation allowance is an amount equal
to
$6,966.00.
(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 the basic foundation
allowance for the current state fiscal year, whichever is less,
minus
the difference between the sum of the product of the taxable
value
per membership pupil of all property in the district that is
nonexempt
property times the district's certified mills and, for a
district
with certified mills exceeding 12, the product of the
taxable
value per membership pupil of property in the district that
is
commercial personal property times the certified mills minus 12
mills
and the quotient of the ad valorem property tax revenue of
the
district captured under tax increment financing acts local
portion of the district's foundation allowance divided by the
district's membership excluding special education pupils. For a
district described in subsection (3)(c), 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 sum of the
product
of the taxable value per membership pupil of all property
in
the district that is nonexempt property times the district's
certified
mills and, for a district with certified mills exceeding
12,
the product of the taxable value per membership pupil of
property
in the district that is commercial personal property times
the
certified mills minus 12 mills and the quotient of the ad
valorem
property tax revenue of the district captured under tax
increment
financing acts local portion
of the district's foundation
allowance 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. For a
receiving district, if school operating taxes continue to be levied
on behalf of a dissolved district that has been attached in whole
or in part to the receiving district to satisfy debt obligations of
the dissolved district under section 12 of the revised school code,
MCL 380.12, the taxable value per membership pupil of property in
the
receiving district used for the purposes of this subsection ,
does not include the taxable value of property within the
geographic area of the dissolved district.
(5) The allocation calculated under this section for a pupil
shall be based on the foundation allowance of the pupil's district
of residence. 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.
(6) Except as otherwise provided in this subsection, for
pupils in membership, other than special education pupils, in a
public school academy, the allocation calculated under this section
is an amount per membership pupil other than special education
pupils in the public school academy equal to the foundation
allowance of the district in which the public school academy is
located or the state maximum public school academy allocation,
whichever is less. However, a public school academy that had an
allocation under this subsection before 2009-2010 that was 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 is located and the state portion of that
district's foundation allowance shall not have that allocation
reduced as a result of the 2010 amendment to this subsection.
Notwithstanding section 101, 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) Except as otherwise provided in this subsection, for
pupils attending an achievement school and in membership in the
education achievement system, other than special education pupils,
the allocation calculated under this section is an amount per
membership pupil other than special education pupils equal to the
foundation allowance of the district in which the achievement
school is located, not to exceed the basic foundation allowance.
Notwithstanding section 101, for an achievement school that begins
operation 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 achievement school 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. For the purposes of this subsection, if a public school
is transferred from a district to the state school reform/redesign
district or the achievement authority under section 1280c of the
revised school code, MCL 380.1280c, that public school is
considered to be an achievement school within the education
achievement system and not a school that is part of a district, and
a pupil attending that public school is considered to be in
membership in the education achievement system and not in
membership in the district that operated the school before the
transfer.
(8) 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 lesser of the sum of
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 plus $100.00 or the highest
foundation allowance among the original or affected districts. This
subsection does not apply to a receiving district unless there is a
subsequent consolidation or annexation that affects the district.
(9) 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.
(10) 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.
(11) 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 the management and budget act,
1984 PA 431, MCL 18.1101 to 18.1594, 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. 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.
(12)
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. All of the following apply to districts
receiving
a foundation allowance adjustment under this subsection:
(a)
Except as otherwise provided in this subdivision, 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
adjustment 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 subdivision. 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.
(b)
A district receiving an adjustment under this subsection
shall
not receive as a result of this adjustment an amount that
exceeds
68.5% of the amount the district received as a result of
this
adjustment for 2010-2011.
(c)
Notwithstanding subsection (8), for a district that is
formed
or reconfigured by consolidation of 2 or more districts, 1
of
which received an adjustment under this subsection for 2012-
2013,
the resulting district's foundation allowance for 2013-2014
and
each succeeding fiscal year shall be adjusted to be an amount
equal
to the sum of the resulting district's foundation allowance
as
calculated under subsection (8) excluding any adjustment
calculated
under this subsection plus [(the original district's
adjustment
under this subsection in 2012-2013 times the number of
pupils
in the original district's membership for 2012-2013) divided
by
the number of pupils in the resulting district's membership for
2013-2014].
(d)
Beginning in 2013-2014, for a district that received an
adjustment
for the immediately preceding fiscal year and that had a
foundation
allowance as adjusted by this subsection for the
immediately
preceding fiscal year equal to $6,966.00, the district
shall
not receive an adjustment under this section for the current
fiscal
year.
(12) (13)
Payments to districts, public
school academies, or
the education achievement system 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.
(13) (14)
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.
(14) (15)
As used in this section:
(a) "Certified mills" means the lesser of 18 mills or the
number of mills of school operating taxes levied by the district in
1993-94.
(b) "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.
(c) "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.
(d) "Current state fiscal year" means the state fiscal year
for which a particular calculation is made.
(e) "Dissolved district" means a district that loses its
organization, has its territory attached to 1 or more other
districts, and is dissolved as provided under section 12 of the
revised school code, MCL 380.12.
(f) "Immediately preceding state fiscal year" means the state
fiscal year immediately preceding the current state fiscal year.
(g) "Local portion of the district's foundation allowance"
means an amount that is equal to the difference between (the sum of
the product of the taxable value per membership pupil of all
property in the district that is nonexempt property times the
district's certified mills and, for a district with certified mills
exceeding 12, the product of the taxable value per membership pupil
of property in the district that is commercial personal property
times the certified mills minus 12 mills) and (the quotient of the
product of the captured assessed valuation under tax increment
financing acts times the district's certified mills divided by the
district's membership excluding special education pupils).
(h) (g)
"Local school operating
revenue" means school
operating taxes levied under section 1211 of the revised school
code, MCL 380.1211. For a receiving district, if school operating
taxes are to be levied on behalf of a dissolved district that has
been attached in whole or in part to the receiving district to
satisfy debt obligations of the dissolved district under section 12
of the revised school code, MCL 380.12, local school operating
revenue does not include school operating taxes levied within the
geographic area of the dissolved district.
(i) (h)
"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.
(j) (i)
"Maximum public school academy
allocation", except as
otherwise provided in this subdivision, means the maximum per-pupil
allocation as calculated by adding the highest per-pupil allocation
among all public school academies for the immediately preceding
state
fiscal year plus the difference between twice the dollar
amount
of the adjustment from amount
of the difference between the
basic foundation allowance for the current state fiscal year and
the basic foundation for the immediately preceding state fiscal
year
to the current state fiscal year made in the basic foundation
allowance
and [(the dollar amount of the
adjustment from amount of
the difference between the basic foundation allowance for the
current state fiscal year and the basic foundation for the
immediately
preceding state fiscal year to the current state fiscal
year
made in the basic foundation allowance minus $10.00) times
(the difference between the highest per-pupil allocation among all
public school academies for the immediately preceding state fiscal
year
and the sum of $7,108.00 plus the total dollar amount of all
adjustments
made from 2006-2007 to the immediately preceding state
fiscal
year in the lowest per-pupil allocation among all public
school
academies) minimum foundation
allowance for the immediately
preceding state fiscal year) divided by the difference between the
basic foundation allowance for the current state fiscal year and
the
sum of $7,108.00 plus the total dollar amount of all
adjustments
made from 2006-2007 to the immediately preceding state
fiscal
year in the lowest per-pupil allocation among all public
school
academies].minimum foundation
allowance for the immediately
preceding state fiscal year]. For the purposes of this subdivision,
for 2014-2015, the minimum foundation allowance for the immediately
preceding state fiscal year shall be considered to be $7,076.00.
For 2014-2015, the maximum public school academy allocation is
$7,218.00.
(k) (j)
"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.
(l) (k)
"Nonexempt property"
means property that is not a
principal residence, qualified agricultural property, qualified
forest property, supportive housing property, industrial personal
property, or commercial personal property.
(m) (l) "Principal
residence", "qualified agricultural
property", "qualified forest property", "supportive housing
property", "industrial personal property", and "commercial personal
property" mean those terms as defined in section 1211 of the
revised school code, MCL 380.1211.
(n) (m)
"Receiving district"
means a district to which all or
part of the territory of a dissolved district is attached under
section 12 of the revised school code, MCL 380.12.
(o) (n)
"School operating
purposes" means the purposes
included in the operation costs of the district as prescribed in
sections 7 and 18 and purposes authorized under section 1211 of the
revised school code, MCL 380.1211.
(p) (o)
"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.
(q) (p)
"Tax increment financing
acts" means 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, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672,
or the corridor improvement authority act, 2005 PA 280, MCL
125.2871 to 125.2899.
(r) (q)
"Taxable value per membership
pupil" means taxable
value,
as certified by the department of treasury, county treasurer
and reported to the department, 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 2013-2014, 2014-2015,
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. 20f. (1) From the funds appropriated in section 11, there
is
allocated an amount not to exceed $6,000,000.00 for 2013-2014
2014-2015 for payments to eligible districts under this section. A
district is eligible for funding under this section if the district
received a payment under this section as it was in effect for 2013-
2014. A district was eligible for funding in 2013-2014 if the sum
of
the following is was less than $5.00:
(a) The increase in the district's foundation allowance or per
pupil payment as calculated under section 20 from 2012-2013 to
2013-2014.
(b) The district's equity payment per membership pupil under
section 22c for 2013-2014.
(c) The quotient of the district's allocation under section
147a for 2012-2013 divided by the district's membership pupils for
2012-2013 minus the quotient of the district's allocation under
section 147a for 2013-2014 divided by the district's membership
pupils for 2013-2014.
(2) The amount allocated to each eligible district under this
section
is an amount per membership pupil equal to $5.00 minus the
sum
of the following:the amount
per membership pupil the district
received in 2013-2014.
(a)
The increase in the district's foundation allowance or per
pupil
payment as calculated under section 20 from 2012-2013 to
2013-2014.
(b)
The district's equity payment per membership pupil under
section
22c.
(c)
The quotient of the district's allocation under section
147a
for 2012-2013 divided by the district's membership pupils for
2012-2013
minus the quotient of the district's allocation under
section
147a for 2013-2014 divided by the district's membership
pupils
for 2013-2014.
(3) If the allocation under subsection (1) is insufficient to
fully fund payments as otherwise calculated under this section, the
department shall prorate payments under this section on an equal
per-pupil basis.
Sec. 20g. (1) From the money appropriated under section 11,
the
following amounts are allocated for 2013-2014:
(a)
From the general fund money, there
is allocated an amount
not
to exceed $2,200,000.00 for 2013-2014 2014-2015 for grants to
eligible districts that first received payments under this section
in 2013-2014 for transition costs related to the enrollment of
pupils who were previously enrolled in a district that was
dissolved under section 12 of the revised school code, MCL 380.12,
allocated
as provided under subsection (3). It is the intent of the
legislature
to continue this transition funding Payments under this
section shall continue for a total of 4 fiscal years following the
dissolution of a district, after which the payments shall cease.
(b)
From the state school aid fund money, an amount not to
exceed
$5,000,000.00 for reimbursements to eligible districts for
costs
incurred by the eligible district associated with the
transfer
of property from a dissolved school district to the
eligible
district, allocated as provided under subsection (4).
(2) A receiving school district, as that term is defined in
section 12 of the revised school code, MCL 380.12, is an eligible
district under this section.
(3) The amount allocated to each eligible district under
subsection
(1)(a) This section is an amount equal to the product of
the number of membership pupils enrolled in the eligible district
who were previously enrolled in the dissolved school district in
the school year immediately preceding the dissolution, or who
reside in the geographic area of the dissolved school district and
are entering kindergarten, times 10.0% of the lesser of the
foundation allowance of the eligible district as calculated under
section 20 or the basic foundation allowance under section 20(1).
(4)
To allocate funds under subsection (1)(b), the department
shall
develop a reimbursement application process and a
reimbursement
distribution process. Reimbursable costs shall
include,
but are not limited to, the costs of maintenance,
utilities,
security, or insurance associated with, or the
demolition
of, buildings transferred from a dissolved school
district
to the eligible district. However, the reimbursement made
to
eligible districts for all of the property transferred from a
single
dissolved school district shall not exceed the total
cumulative
sum of $2,500,000.00 for all of the eligible districts
to
which property was transferred from that dissolved school
district.
(5)
The funds allocated under subsection (1)(b) are considered
work
project appropriations and any unexpended funds for 2013-2014
are
carried forward into 2014-2015. The purpose of the work project
is
as described in subsection (1)(b). The total estimated cost of
the
work project is $5,000,000.00. The tentative estimated
completion
date for the work project is September 30, 2015.
(4) (6)
As used in this section,
"dissolved school district"
means a school district that has been declared dissolved under
section 12 of the revised school code, 1976 PA 451, MCL 380.12.
Sec. 21b. (1) Subject to subsections (2) and (3), a district
shall use funds received under section 22a or 22b to support the
attendance of a district pupil who is an eligible student at an
eligible postsecondary institution under the postsecondary
enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, or
under the career and technical preparation act, 2000 PA 258, MCL
388.1901 to 388.1913, by paying eligible charges on behalf of the
district pupil as required under those acts.
(2)
To the extent required under subsection (3), a district
shall
pay tuition and mandatory course fees, material fees, and
registration
fees required by an eligible postsecondary institution
for
enrollment in an eligible course. A district also shall pay any
late
fees charged by an eligible postsecondary institution due to
the
district's failure to make a required payment according to the
timetable
prescribed by the postsecondary enrollment options act,
1996
PA 160, MCL 388.511 to 388.524, or the career and technical
preparation
act, 2000 PA 258, MCL 388.1901 to 388.1913. A district
is not required to pay transportation costs, parking costs, or
activity fees on behalf of an eligible student for attendance at an
eligible postsecondary institution as described in subsection (1).
(3)
A district shall pay to the eligible postsecondary
institution
on behalf of an eligible student an amount equal to the
lesser
of the amount of the eligible charges described in
subsection
(2) or the prorated percentage of the state portion of
the
foundation allowance paid or calculated, as applicable, on
behalf
of that eligible student under section 20, with the
proration
based on the proportion of the school year that the
eligible
student attends the postsecondary institution. A district
may pay more money to an eligible postsecondary institution on
behalf
of an eligible student than required under this section and
the postsecondary enrollment options act, 1996 PA 160, MCL 388.511
to 388.524, or the career and technical preparation act, 2000 PA
258, MCL 388.1901 to 388.1913, and may use local school operating
revenue for that purpose. An eligible student is responsible for
payment of the remainder of the costs associated with his or her
postsecondary enrollment that exceed the amount the district is
required
to pay under this section and the postsecondary enrollment
options act, 1996 PA 160, MCL 388.511 to 388.524, or the career and
technical preparation act, 2000 PA 258, MCL 388.1901 to 388.1913,
and that are not paid by the district. As used in this subsection,
"local school operating revenue" means that term as defined in
section 20.
(4)
As used in this section, "eligible course", "eligible
student" , and "eligible postsecondary institution"
mean those
terms as defined in section 3 of the postsecondary enrollment
options act, 1996 PA 160, MCL 388.511 to 388.524, or in section 3
of the career and technical preparation act, 2000 PA 258, MCL
388.1903, as applicable.
Sec. 21f. (1) A pupil enrolled in a district in any of grades
5
6 to 12 is eligible to enroll in an online course as
provided for
in
this section. However, this section does not apply to a pupil
enrolled
in a school of excellence that is a cyber school, as
defined
in section 551 of the revised school code, MCL 380.551.
(2) With the consent of the pupil's parent or legal guardian,
a district shall enroll an eligible pupil in up to 2 online courses
as requested by the pupil during an academic term, semester, or
trimester.
It is the intent of the legislature to consider
increasing
the limit on the number of online courses that a pupil
may
enroll in beginning in 2014-2015 for pupils who have
demonstrated
previous success with online courses. Unless the pupil
is newly enrolled in the district, the request for online course
enrollment must be made in the academic term, semester, trimester,
or summer preceding the enrollment. A district may not establish
additional requirements that would prohibit a pupil from taking an
online course. If a pupil has demonstrated previous success with
online courses and the school leadership and the pupil's parent or
legal guardian determine that it is in the best interest of the
pupil, a pupil may be enrolled in more than 2 online courses in a
specific academic term, semester, or trimester. Consent of the
pupil's parent or legal guardian is not required if the pupil is at
least age 18 or is an emancipated minor.
(3) An eligible pupil may enroll in an online course published
in the pupil's educating district's catalog of online courses
described in subsection (7)(a) or the statewide catalog of online
courses maintained by the Michigan virtual university pursuant to
section 98.
(4) A district shall determine whether or not it has capacity
to accept applications for enrollment from nonresident applicants
in online courses and may use that limit as the reason for refusal
to enroll an applicant. If the number of nonresident applicants
eligible for acceptance in an online course does not exceed the
capacity of the district to provide the online course, the district
shall accept for enrollment all of the nonresident applicants
eligible for acceptance. If the number of nonresident applicants
exceeds the district's capacity to provide the online course, the
district shall use a random draw system, subject to the need to
abide by state and federal antidiscrimination laws and court
orders.
(5) A district may deny a pupil enrollment in an online course
if any of the following apply, as determined by the district:
(a) The pupil has previously gained the credits provided from
the completion of the online course.
(b) The online course is not capable of generating academic
credit.
(c) The online course is inconsistent with the remaining
graduation requirements or career interests of the pupil.
(d) The pupil does not possess the prerequisite knowledge and
skills to be successful in the online course or has demonstrated
failure in previous online coursework in the same subject.
(e) The online course is of insufficient quality or rigor. A
district that denies a pupil enrollment for this reason shall make
a reasonable effort to assist the pupil to find an alternative
course in the same or a similar subject that is of acceptable rigor
and quality.
(f) The cost of the online course exceeds the amount
identified in subsection (8), unless the pupil's parent or legal
guardian agrees to pay the cost that exceeds this amount.
(g) The online course enrollment request does not occur within
the same timelines established by the district for enrollment and
schedule changes for regular courses.
(6) If a pupil is denied enrollment in an online course by a
district, the pupil may appeal the denial by submitting a letter to
the superintendent of the intermediate district in which the
pupil's educating district is located. The letter of appeal shall
include the reason provided by the district for not enrolling the
pupil and the reason why the pupil is claiming that the enrollment
should be approved. The intermediate district superintendent or
designee shall respond to the appeal within 5 days after it is
received. If the intermediate district superintendent or designee
determines that the denial of enrollment does not meet 1 or more of
the reasons specified in subsection (5), the district shall allow
the pupil to enroll in the online course.
(7) To offer or provide an online course under this section, a
district or intermediate district shall do all of the following:
(a) Provide the Michigan virtual university with the course
syllabus in a form and method prescribed by the Michigan virtual
university for inclusion in a statewide online course catalog. The
district or intermediate district shall also provide on its
publicly accessible website a link to the course syllabi for all of
the online courses offered by the district or intermediate district
and a link to the statewide catalog of online courses maintained by
the Michigan virtual university.
(b) Offer the online course on an open entry and exit method,
or aligned to a semester, trimester, or accelerated academic term
format.
(c) Not later than October 1, 2014, provide the Michigan
virtual university with the number of enrollments in each online
course the district or intermediate district offered to pupils
pursuant to this section in the immediately preceding school year,
and the number of enrollments in which the pupil earned 60% or more
of the total course points for each online course.
(8) For a pupil enrolled in 1 or more online courses published
in the pupil's educating district's catalog of online courses under
subsection (7) or in the statewide catalog of online courses
maintained by the Michigan virtual university, the district shall
use foundation allowance or per pupil funds calculated under
section 20 to pay for the expenses associated with the online
course or courses. The district shall pay 80% of the cost of the
online course upon enrollment and 20% upon completion as determined
by the district. A district is not required to pay toward the cost
of
an online course an amount that exceeds 1/12 8.33% of
the
district's
minimum foundation allowance or per pupil payment for
the
current fiscal year as calculated under
section 20. per
semester
or an amount that exceeds 1/18 of the district's
foundation
allowance or per pupil payment as calculated under
section
20 per trimester.
(9) An online learning pupil shall have the same rights and
access
to technology in his or her educating primary district's
school
facilities as all other pupils enrolled in the educating
pupil's primary district.
(10) If a pupil successfully completes an online course, as
determined by the pupil's primary district, the pupil's primary
district shall grant appropriate academic credit for completion of
the course and shall count that credit toward completion of
graduation and subject area requirements. A pupil's school record
and transcript shall identify the online course title as it appears
in the online course syllabus.
(11) The enrollment of a pupil in 1 or more online courses
shall not result in a pupil being counted as more than 1.0 full-
time
equivalent pupils under this act.article.
(12) The portion of the full-time equated pupil membership for
which a pupil is enrolled in 1 or more online courses under this
section shall not be transferred under the pupil transfer process
under section 25e.
(13) (12)
As used in this section:
(a) "Online course" means a course of study that is capable of
generating a credit or a grade, that is provided in an interactive
internet-connected learning environment, in which pupils are
separated from their teachers by time or location, or both, and in
which a teacher who holds a valid Michigan teaching certificate is
responsible for determining appropriate instructional methods for
each pupil, diagnosing learning needs, assessing pupil learning,
prescribing intervention strategies, reporting outcomes, and
evaluating the effects of instruction and support strategies.
(b) "Online course syllabus" means a document that includes
all of the following:
(i) The state academic standards addressed in an online
course.
(ii) The online course content outline.
(iii) The online course required assessments.
(iv) The online course prerequisites.
(v) Expectations for actual instructor contact time with the
online learning pupil and other pupil-to-instructor communications.
(vi) Academic support available to the online learning pupil.
(vii) The online course learning outcomes and objectives.
(viii) The name of the institution or organization providing
the online content.
(ix) The name of the institution or organization providing the
online instructor.
(x) The course titles assigned by the district or intermediate
district and the course titles and course codes from the national
center for education statistics (NCES) school codes for the
exchange of data (SCED).
(xi) The number of eligible nonresident pupils that will be
accepted by the district or intermediate district in the online
course.
(xii) The results of the online course quality review using
the guidelines and model review process published by the Michigan
virtual university.
(c) "Online learning pupil" means a pupil enrolled in 1 or
more online courses.
(d) "Primary district" means the district that enrolls the
pupil and reports the pupil as a full-time equated pupil for pupil
membership purposes.
Sec. 22a. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $5,526,000,000.00
$5,393,000,000.00
for 2013-2014 2014-2015 for payments to districts
and qualifying public school academies to guarantee each district
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 sum of the
product of the taxable value per membership pupil of all property
in the district that is nonexempt property times the district's
certified mills and, for a district with certified mills exceeding
12, the product of the taxable value per membership pupil of
property in the district that is commercial personal property times
the certified mills minus 12 mills and the quotient of the ad
valorem property tax revenue of the district captured under tax
increment financing acts 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. For a receiving district, if school
operating taxes are to be levied on behalf of a dissolved district
that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district
under section 12 of the revised school code, MCL 380.12, taxable
value per membership pupil of all property in the receiving
district that is nonexempt property and taxable value per
membership pupil of property in the receiving district that is
commercial personal property do not include property within the
geographic area of the dissolved district; ad valorem property tax
revenue of the receiving district captured under tax increment
financing acts does not include ad valorem property tax revenue
captured within the geographic boundaries of the dissolved district
under tax increment financing acts; and certified mills do not
include the certified mills of the dissolved district.
(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 tax increment financing acts divided by the
district's membership. For a receiving district, if school
operating taxes are to be levied on behalf of a dissolved district
that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district
under section 12 of the revised school code, MCL 380.12, ad valorem
property tax revenue captured under tax increment financing acts do
not include ad valorem property tax revenue captured within the
geographic boundaries of the dissolved district under tax increment
financing acts.
(3) Beginning in 2003-2004, for pupils in membership in a
qualifying public school academy, 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 an amount equal to the 1994-95 per pupil
payment to the qualifying public school academy under section 20.
(4) A district or qualifying public school academy may use
funds allocated under this section in conjunction with any federal
funds for which the district or qualifying public school academy
otherwise would be eligible.
(5) Except as otherwise provided in this subsection, 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. This subsection
does not apply to a receiving district unless there is a subsequent
consolidation or annexation that affects the district.
(6) Payments under this section are subject to section 25f.
(7) (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) "Certified mills" means the lesser of 18 mills or the
number of mills of school operating taxes levied by the district in
1993-94.
(c) "Current state fiscal year" means the state fiscal year
for which a particular calculation is made.
(d) "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. For a receiving district,
if school operating taxes are to be levied on behalf of a dissolved
district that has been attached in whole or in part to the
receiving district to satisfy debt obligations of the dissolved
district under section 12 of the revised school code, MCL 380.12,
taxable value per membership pupil does not include the taxable
value of property within the geographic area of the dissolved
district.
(e) "Dissolved district" means a district that loses its
organization, has its territory attached to 1 or more other
districts, and is dissolved as provided under section 12 of the
revised school code, MCL 380.12.
(f) "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, qualified agricultural property, qualified forest
property, supportive housing property, industrial personal
property, and commercial personal property could be reduced as
provided in section 1211 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. For a receiving district, if
school operating taxes are to be levied on behalf of a dissolved
district that has been attached in whole or in part to the
receiving district to satisfy debt obligations of the dissolved
district under section 12 of the revised school code, MCL 380.12,
school operating taxes do not include school operating taxes levied
within the geographic area of the dissolved district.
(g) "Homestead", "qualified agricultural property", "qualified
forest property", "supportive housing property", "industrial
personal property", and "commercial personal property" mean those
terms as defined in section 1211 of the revised school code, MCL
380.1211.
(h) "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.
(i) "Nonexempt property" means property that is not a
principal residence, qualified agricultural property, qualified
forest property, supportive housing property, industrial personal
property, or commercial personal property.
(j) "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.
(k) "Receiving district" means a district to which all or part
of the territory of a dissolved district is attached under section
12 of the revised school code, MCL 380.12.
(l) "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 as defined in
section 20.
(m) "Tax increment financing acts" means 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, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672,
or the corridor improvement authority act, 2005 PA 280, MCL
125.2871 to 125.2899.
(n) "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, qualified
agricultural property, qualified forest property, supportive
housing property, industrial personal property, and commercial
personal property may be reduced as provided in section 1211 of the
revised school code, MCL 380.1211, the taxable value of homestead,
qualified agricultural property, qualified forest property,
supportive housing property, industrial personal property, and
commercial personal property for the calendar year ending in the
current state fiscal year. For a receiving district, if school
operating taxes are to be levied on behalf of a dissolved district
that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district
under section 12 of the revised school code, MCL 380.12, mills do
not include mills within the geographic area of the dissolved
district.
(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. For a receiving district, if school operating taxes are to be
levied on behalf of a dissolved district that has been attached in
whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, school operating taxes do not
include school operating taxes levied within the geographic area of
the dissolved district.
Sec. 22b. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $3,335,000,000.00
$3,492,000,000.00
for 2013-2014 2014-2015 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 296, the allocation
to a district under this section shall be an amount equal to the
sum of the amounts calculated under sections 20, 51a(2), 51a(3),
and 51a(11), minus the sum of the allocations to the district under
sections 22a and 51c.
(3) In order to receive an allocation under subsection (1),
each district shall do all of the following:
(a) Comply with section 1280b of the revised school code, MCL
380.1280b.
(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) Comply with section 21f.
(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 related to commercial or industrial property tax appeals,
including, but not limited to, appeals of classification, that
impact revenues dedicated to the state school aid fund.
(6) 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.
(7) It is the intent of the legislature that all
constitutional obligations of this state have been fully funded
under sections 22a, 31d, 51a, 51c, and 152a. If a claim is made by
an entity receiving funds under this article 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.
(8) 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 (7) 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).
(9) 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.
(10) 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.
(11) 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.
(12) Payments under this section are subject to section 25f.
Sec. 22c. From the appropriation in section 11, there is
allocated
for 2013-2014 2014-2015 an amount not to exceed
$36,000,000.00
$103,000,000.00 to make equity payments to districts
that have a foundation allowance or per pupil payment as calculated
under
section 20 for 2013-2014 2014-2015
of less than $7,076.00.
$7,251.00. The equity payment for a district shall be an amount per
membership
pupil equal to the lesser of $50.00 $125.00 or the
difference
between $7,076.00 $7,251.00
and the district's 2013-2014
2014-2015 foundation allowance or per pupil payment as calculated
under section 20.
Sec. 22d. (1) From the appropriation in section 11, an amount
not
to exceed $2,584,600.00 is allocated for 2013-2014 2014-2015
for supplemental payments to rural districts under this section.
(2) From the allocation under subsection (1), there is
allocated
for 2013-2014 2014-2015 an amount not to exceed
$957,300.00 for payments under this subsection to districts that
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 subsection (2) 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
subsection (2) 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 subsection (2) and shall be paid to the eligible
districts in the same manner as payments under section 22b.
(4) Subject to subsection (6), from the allocation in
subsection
(1), there is allocated for 2013-2014 2014-2015 an
amount not to exceed $1,627,300.00 for payments under this
subsection to districts that meet all of the following:
(a) The district has 5.0 or fewer pupils per square mile as
determined by the department.
(b) The district has a total square mileage greater than 200.0
or is 1 of 2 districts that have consolidated transportation
services and have a combined total square mileage greater than
200.0.
(5) The funds allocated under subsection (4) shall be
allocated on an equal per pupil basis.
(6) A district receiving funds allocated under subsection (2)
is not eligible for funding allocated under subsection (4).
Sec. 22f. (1) From the appropriation in section 11, there is
allocated
for 2013-2014 2014-2015 an amount not to exceed
$80,000,000.00
$75,000,000.00 to provide incentive payments to
districts that meet best practices under this section. Payments
received under this section may be used for any purpose for which
payments under sections 22a and 22b may be used.
(2) The amount of the incentive payment under this section is
an
amount equal to $52.00 $50.00
per pupil. A district shall
receive an incentive payment under this section if the district
satisfies at least 7 of the following requirements not later than
June
1, 2014:2015:
(a) If a district provides medical, pharmacy, dental, vision,
disability, long-term care, or any other type of benefit that would
constitute a health care services benefit, to employees and their
dependents, the district is the policyholder for each of its
insurance policies that covers 1 or more of these benefits. A
district that does not directly employ its staff or a district with
a voluntary employee beneficiary association that pays no more than
the maximum per employee contribution amount and that contributes
no more than the maximum employer contribution percentage of total
annual costs for the medical benefit plans as described in sections
3 and 4 of the publicly funded health insurance contribution act,
2011 PA 152, MCL 15.563 and 15.564, is considered to have satisfied
this requirement.
(b) The district has obtained competitive bids on the
provision of pupil transportation, food service, custodial, or 1 or
more
other noninstructional services for 2013-2014. 2014-2015. In
comparing competitive bids to the current costs of providing 1 or
more of these services, a district shall exclude the unfunded
accrued liability costs for retirement and other benefits from the
district's current costs.
(c) The district accepts applications for enrollment by
nonresident applicants under section 105 or 105c. A public school
academy is considered to have met this requirement.
(d)
The district monitors individual pupil academic growth in
each
subject area at least twice during the school year using
competency-based
online assessments and reports those results to
the
pupil and his or her parent or guardian, or provides the
department
with a plan and is able to show progress toward
developing
the technology infrastructure necessary for the
implementation
of pupil academic growth assessments by 2014-2015.
(e)
The district supports opportunities for pupils to receive
postsecondary
credit while attending secondary school, by doing at
least
1 of the following, and makes all eligible pupils and their
parents
or guardians aware of these opportunities:
(i) Supports attendance of district pupils under the
postsecondary
enrollment options act, MCL 388.511 to 388.524, or
under
the career and technical preparation act, MCL 388.1901 to
388.1913,
consistent with provisions under section 21b.
(ii) Offers college-level equivalent courses, as
defined in
section
1471 of the revised school code, MCL 380.1471.
(iii) Participates in a middle college. For the purposes
of
this
subparagraph, "middle college" means a series of courses and
other
requirements and conditions that allow a pupil to graduate
with
a high school diploma and a certificate or degree from a
community
college or state public university.
(iv) Provides other opportunities to pupils that allow
those
pupils
to graduate with a high school diploma and also complete
coursework
that a postsecondary institution normally applies toward
satisfaction
of degree requirements.
(v) If a district does not offer any high school
grades, the
district
informs all pupils and parents of the opportunities that
are
available for postsecondary options during high school.
(d) (f)
The district offers online courses
or blended learning
opportunities to all eligible pupils. In order to satisfy this
requirement, a district must make all eligible pupils and their
parents or guardians aware of these opportunities and must publish
an online course syllabus as described in section 21f for each
online course that the district offers. For the purposes of this
subdivision:
(i) "Blended learning" means a hybrid instructional delivery
model where pupils are provided content, instruction, and
assessment in part at a supervised educational facility away from
home where the pupil and a teacher with a valid Michigan teaching
certificate are in the same physical location and in part through
internet-connected learning environments with some degree of pupil
control over time, location, and pace of instruction.
(ii) "Online course" means a course of study that is capable
of generating a credit or a grade, that is provided in an
interactive internet-connected learning environment, in which
pupils are separated from their teachers by time or location, or
both, and in which a teacher with a valid Michigan teaching
certificate is responsible for determining appropriate
instructional methods for each pupil, diagnosing learning needs,
assessing pupil learning, prescribing intervention strategies,
reporting outcomes, and evaluating the effects of instruction and
support strategies.
(e) (g)
The district provides to parents
and community members
a dashboard or report card demonstrating the district's efforts to
manage its finances responsibly. The dashboard or report card shall
include revenue and expenditure projections for the district for
fiscal
year 2013-2014 and fiscal year
2014-2015 and fiscal year
2015-2016, a listing of all debt service obligations, detailed by
project,
including anticipated fiscal year 2013-2014 2014-2015
payment for each project, a listing of total outstanding debt, and
at least all of the following for the 3 most recent school years
for which the data are available:
(i) Graduation and dropout rates.
(ii) Average class size in grades kindergarten to 3.
(iii) College readiness as measured by Michigan merit
examination test scores.
(iv) Elementary and middle school MEAP scores.
(v) Teacher, principal, and superintendent salary information
including at least minimum, average, and maximum pay levels.
(vi) General fund balance.
(vii) The total number of days of instruction provided.
(h)
The district provides physical education or provides
health
education.
(f) The district complies with a method of compensation for
teachers and school administrators that includes job performance
and accomplishments as a significant factor in determining
compensation, as required under section 1250 of the revised school
code, MCL 380.1250.
(g) The district's collective bargaining agreements,
including, but not limited to, appendices, addenda, letters of
agreement, or any other documents reflecting agreements with
collective bargaining representatives, do not contain any
provisions pertaining to, relating to, or that are otherwise
contrary to the prohibited subjects of bargaining enumerated in
section 15(3) of 1947 PA 336, MCL 423.215.
(h) The district implements a comprehensive guidance and
counseling program.
(i) The district offers pupils in grades K to 8 the
opportunity to complete coursework or other learning experiences
that are substantially equivalent to 1 credit in a language other
than English.
(3) If the department determines that a district has
intentionally submitted false information in order to qualify for
an incentive payment under this section, the district forfeits an
amount equal to the amount it received under this section from its
total
state school aid for 2014-2015.2015-2016.
(4) If the department determines that funds allocated under
this section will remain unexpended after the initial allocation of
$52.00
$50.00 per pupil to eligible districts under subsection
(2),
the remaining unexpended amount is allocated on an equal per pupil
basis to districts that meet the requirements of subsection (2) and
that have a foundation allowance, as calculated under section 20,
in an amount that is less than the basic foundation allowance under
that section.
Sec. 22g. (1) From the funds appropriated in section 11, there
is
allocated for 2013-2014 2014-2015
only an amount not to exceed
$5,000,000.00
$2,000,000.00 for competitive assistance grants to
districts and intermediate districts.
(2) Funds received under this section may be used for
reimbursement of transition costs associated with the consolidation
of operations or services between 2 or more districts, intermediate
districts, or other local units of government, the consolidation or
sharing of technology and data operations or services between 50 or
more districts or 5 or more intermediate districts, or the
consolidation of districts or intermediate districts. Grant funding
shall be available for consolidations that occur on or after June
1,
2013. 2014. The department shall develop an application process
and method of grant distribution. The department shall give
priority to applicants that propose including at least 1 of the
following statewide activities:
(a) A comprehensive, research-based academic early warning
indicator and dropout prevention solution.
(b) A data-driven system for identifying early reading
challenges and establishing individual reading development plans
for every student by the end of grade 3.
Sec.
22i. (1) From the state school aid fund money funds
appropriated in section 11, there is allocated for 2013-2014 an
amount not to exceed $45,000,000.00 and there is allocated for
2014-2015 an amount not to exceed $41,500,000.00 for the technology
infrastructure grant program for districts or intermediate
districts on behalf of their constituent districts. Funds received
under this subsection shall be used for the development or
improvement of a district's technology infrastructure, the shared
services consolidation of technology and data, and hardware in
preparation for the planned implementation in 2014-2015 of online
growth
assessments.
(2) The department shall develop a competitive application
process and method of grant distribution to eligible districts and
intermediate districts that demonstrate need for grants under
subsection (1). The department may consult with the department of
technology, management, and budget during the grant process and
grant distribution. Grants to districts shall not exceed
$2,000,000.00 per district. A grant to an intermediate district on
behalf of its constituent districts shall not exceed $2,000,000.00
per constituent district. To receive a grant under subsection (1),
an intermediate district shall demonstrate that a grant awarded to
the intermediate district on behalf of its constituent districts
would provide savings compared to providing grants to individual
districts.
(3) From the general fund money appropriated in section 11,
there is allocated an amount not to exceed $5,000,000.00 for 2013-
2014 to be awarded through a competitive bid process to a single
provider of whole-school technology as described in this
subsection. The department shall issue a single request for
proposal with application rules written and administered by the
department, and with a focus on economic and geographic diversity.
To be eligible to receive the grant under this section, a provider
shall meet all of the following:
(a) Agrees to submit evaluation criteria in a form and manner
determined by the department.
(b) Provides at least all of the following:
(i) One-to-one mobile devices.
(ii) Laptop or desktop computers for each classroom.
(iii) On- and off-campus filtering.
(iv) Wireless networks and peripherals.
(v) Wireless audio equipment.
(vi) Operating software.
(vii) Instructional software.
(viii) Repairs and replacements.
(ix) Professional development.
(x) Ongoing support.
(4) The funds allocated under subsection (1) are a work
project appropriation. Any unexpended funds for 2013-2014 are
carried forward into 2014-2015 and any unexpected funds for 2014-
2015 are carried forward into 2015-2016. The purpose of the work
project is to continue to implement the projects described under
this section. The estimated completion date of the work project is
September 30, 2016.
Sec. 22j. (1) From the appropriation in section 11, there is
allocated
for 2013-2014 2014-2015 an amount not to exceed
$46,400,000.00
$51,100,000.00 to provide separate incentive
payments to districts that meet student academic performance
funding goals under subsections (2) to (5). Payments received under
this section may be used for any purpose for which payments under
sections 22a and 22b may be used.
(2) The maximum amount of the incentive payment for student
academic performance is an amount equal to $100.00 per pupil.
Payments calculated and awarded to qualifying districts under
subsections (3) to (5) shall be calculated and awarded separately,
and a district may receive a payment under any or all of
subsections (3) to (5).
(3) An amount not to exceed 30% of the maximum per pupil
amount allocated under subsection (2) shall be used to make
performance incentive payments to qualifying districts under this
subsection based on pupil performance on state assessments in
mathematics in grades 3 to 8. The amount of a payment under this
subsection is an amount equal to $30.00 per pupil for all pupils in
membership in a qualifying district. The department shall determine
the qualifying districts under this subsection as follows:
(a) Using a model determined by the department that
incorporates the most recent cut scores adopted for the Michigan
educational assessment program for each pupil in grades 3 to 8 in
the
2011-2012 2012-2013 school year, the department shall calculate
a point score using a metric that assigns points to each of those
pupils as follows:
(i) For each pupil who began the school year not performing
proficiently in mathematics and who declines in proficiency, as
determined by the department, over the school year, 0 points.
(ii) For each pupil who began the school year performing
proficiently in mathematics and declines in proficiency, as
determined by the department, over the school year, 0 points.
(iii) For each pupil who began the school year not performing
proficiently in mathematics and who maintains his or her level of
proficiency, as determined by the department, over the school year,
1 point.
(iv) For each pupil who began the school year performing
proficiently in mathematics and who maintains his or her level of
proficiency, as determined by the department, over the school year,
2 points.
(v) For each pupil who began the school year not performing
proficiently in mathematics and who improves in proficiency, as
determined by the department, over the school year, 3 points.
(vi) For each pupil who began the school year performing
proficiently in mathematics and who improves in proficiency, as
determined by the department, over the school year, 2 points.
(b) The department shall then calculate a district average for
this
metric for the 2011-2012 2012-2013
school year by totaling the
number of points for all pupils in grades 3 to 8 under subdivision
(a) and dividing that total by the number of those pupils.
(c) A district is a qualifying district for the payment under
this
subsection if the district average for the 2011-2012 2012-2013
school year under subdivision (b) is at least equal to a factor of
1.5, and the district tested at least 95% of its pupils in
mathematics, and the district had at least 30 full academic year
pupils in grades 3 to 8 with a performance level change designation
in mathematics.
(4) An amount not to exceed 30% of the maximum per pupil
amount allocated under subsection (2) shall be used to make
performance incentive payments to qualifying districts under this
subsection based on pupil performance on state assessments in
reading in grades 3 to 8. The amount of a payment under this
subsection is an amount equal to $30.00 per pupil for all pupils in
membership in the district. The department shall determine the
qualifying districts under this subsection as follows:
(a) Using a model determined by the department that
incorporates the most recent cut scores adopted for the Michigan
educational assessment program for each pupil in grades 3 to 8 in
the
2011-2012 2012-2013 school year, the department shall calculate
a point score using a metric that assigns points to each of those
pupils as follows:
(i) For each pupil who began the school year not performing
proficiently in reading and who declines in proficiency, as
determined by the department, over the school year, 0 points.
(ii) For each pupil who began the school year performing
proficiently in reading and declines in proficiency, as determined
by the department, over the school year, 0 points.
(iii) For each pupil who began the school year not performing
proficiently in reading and who maintains proficiency, as
determined by the department, over the school year, 1 point.
(iv) For each pupil who began the school year performing
proficiently in reading and who maintains proficiency, as
determined by the department, over the school year, 2 points.
(v) For each pupil who began the school year not performing
proficiently in reading and who improves in proficiency, as
determined by the department, over the school year, 3 points.
(vi) For each pupil who began the school year performing
proficiently in reading and who improves in proficiency, as
determined by the department, over the school year, 2 points.
(b) The department shall then calculate a district average for
this
metric for the 2011-2012 2012-2013
school year by totaling the
number of points for all pupils in grades 3 to 8 under subdivision
(a) and dividing that total by the number of those pupils.
(c) A district is a qualifying district for the payment under
this
subsection if the district average for the 2011-2012 2012-2013
school year under subdivision (b) is at least equal to a factor of
1.5, and the district tested at least 95% of its pupils in reading,
and the district had at least 30 full academic year pupils in
grades 3 to 8 reading with a performance level change designation
in reading.
(5) An amount not to exceed 40% of the maximum per pupil
amount allocated under subsection (2) shall be used to make
performance incentive payments to qualifying districts under this
subsection for high school improvement using a metric based on the
positive trend over a 4-year period in the percentage of high
school pupils in the district testing as proficient in all tested
subject areas on the state assessments of high school pupils. The
amount of a payment under this subsection is an amount equal to
$40.00 per pupil for all pupils in membership in the district. The
department shall determine the qualifying districts under this
subsection as follows:
(a) Calculate a linear regression of the percentage of high
school pupils in the district testing as proficient in all tested
subject areas on state assessments of high school pupils on school
year
over the 4-year period ending with the 2011-2012 2012-2013
school year as adjusted for changes in cut scores most recently
adopted for the Michigan merit examination.
(b) Calculate a statewide average for all districts operating
a high school of the linear regression of the percentage of high
school pupils testing as proficient in all tested subject areas on
state assessments of high school pupils on school year over the 4-
year
period ending with the 2011-2012 2012-2013 school year, as
adjusted for changes in cut scores most recently adopted for the
Michigan merit examination as the base year for all comparisons.
(c) A district is a qualifying district for the payment under
this subsection if the district's linear regression over the 4-year
period
ending with the 2011-2012 2012-2013
school year under
subdivision (a) is at least equal to the statewide average linear
regression over the 4-year period ending with the base year under
subdivision (b), and the district's linear regression over the 4-
year
period ending with the 2011-2012 2012-2013 school year under
subdivision (a) is positive, and the district tested 95% of high
school pupils in each tested subject on state assessments, and the
district had at least 20 full academic year pupils take all tested
subjects on state assessments of high school pupils over each of
the most recent 4 years.
(6) If the allocation under subsection (1) is insufficient to
fully fund payments as otherwise calculated under this section, the
department shall prorate payments under this section on an equal
percentage basis.
Sec. 24. (1) From the appropriation in section 11, there is
allocated
for 2013-2014 2014-2015 an amount not to exceed
$8,000,000.00 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) 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 licensing and regulatory
affairs 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 article 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 $2,167,500.00 $2,195,500.00 for
2013-2014
2014-2015 for payments to intermediate 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 allocated under this section is utilized by the
intermediate district and 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. However, a program responsibility or other fiscal
responsibility associated with these pupils shall not be
transferred from the department of human services to a district or
intermediate district unless the district or intermediate district
consents to the transfer.
Sec. 24c. From the appropriation in section 11, there is
allocated
an amount not to exceed $1,500,000.00 for 2013-2014 2014-
2015 for payments to 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
administered by the department of military and veterans affairs.
Both of the following apply to a district receiving payments under
this section:
(a) The district shall contract with the department of
military and veterans affairs to ensure that all funding allocated
under this section is utilized by the district and the department
of military and veterans affairs for the youth challenge program.
(b) The district may retain for its administrative expenses an
amount not to exceed 3% of the amount of the payment the district
receives under this section.
Sec.
25e. (1) The center shall work with the department,
districts,
and intermediate districts to develop a The pupil
membership
transfer application and a pupil transfer process
administered by the center under this section shall be used for
processing
pupil transfers. The center shall
complete development
of
this pupil membership transfer application not later than
November
1, 2013.
(2) If a pupil counted in membership for the pupil membership
count day transfers from a district or intermediate district to
enroll in another district or intermediate district after the pupil
membership count day and before the supplemental count day and, due
to the pupil's enrollment and attendance status as of the pupil
membership count day, the pupil was not counted in membership in
the educating district or intermediate district, the educating
district or intermediate district may report the enrollment and
attendance information to the center through the pupil transfer
process within 30 days after the transfer or within 30 days after
the
sixth Wednesday after the pupil membership count day,
certification date, whichever is later. Pupil transfers may be
submitted no earlier than the first day after the certification
deadline for the pupil membership count day and before the
supplemental count day. Upon receipt of the transfer information
under this subsection indicating that a pupil has enrolled and is
in attendance in an educating district or intermediate district as
described in this subsection, the pupil transfer process shall do
the following:
(a) Notify the district in which the pupil was previously
enrolled.
(b) Notify both the pupil auditing staff of the intermediate
district in which the educating district is located and the pupil
auditing staff of the intermediate district in which the district
that previously enrolled the pupil is located. The pupil auditing
staff
shall approve or investigate
a representative sample based on
required audit sample sizes in the pupil auditing manual and may
deny the pupil membership transfer.
(c) Aggregate the districtwide changes and notify the
department for use in adjusting the state aid payment system.
(3) The department shall do all of the following:
(a) Adjust the membership calculation for each district or
intermediate district in which the pupil was previously counted in
membership or that previously received an adjustment in its
membership calculation under this section due to a change in the
pupil's enrollment and attendance so that the district's or
intermediate district's membership is prorated to allow the
district or intermediate district to receive for each school day,
as determined by the financial calendar furnished by the center, in
which the pupil was enrolled and in attendance in the district or
intermediate district an amount equal to 1/105 of a full-time
equated membership claimed in the fall pupil membership count. The
district or intermediate district shall receive a prorated
foundation allowance in an amount equal to the product of the
adjustment under this subdivision for the district or intermediate
district multiplied by the foundation allowance or per pupil
payment as calculated under section 20 for the district or
intermediate district. The foundation allowance or per pupil
payment shall be adjusted by the pupil's full-time equated status
as affected by the membership definition under section 6(4).
(b) Adjust the membership calculation for the educating
district or intermediate district in which the pupil is enrolled
and is in attendance so that the district's or intermediate
district's membership is increased to allow the district or
intermediate district to receive an amount equal to the difference
between the full-time equated membership claimed in the fall pupil
membership count and the sum of the adjustments calculated under
subdivision (a) for each district or intermediate district in which
the pupil was previously enrolled and in attendance. The educating
district or intermediate district shall receive a prorated
foundation allowance in an amount equal to the product of the
adjustment under this subdivision for the educating district or
intermediate district multiplied by the foundation allowance or per
pupil payment as calculated under section 20 for the educating
district or intermediate district. The foundation allowance or per
pupil payment shall be adjusted by the pupil's full-time equated
status as affected by the membership definition under section 6(4).
(4) The changes in calculation of state school aid required
under subsection (3) shall take effect as of the date that the
pupil becomes enrolled and in attendance in the educating district
or intermediate district, and the department shall base all
subsequent payments under this article for the fiscal year to the
affected districts or intermediate districts on this recalculation
of state school aid.
(5) If a pupil enrolls in an educating district or
intermediate district as described in subsection (2), the district
or intermediate district in which the pupil is counted in
membership or another educating district or intermediate district
that received an adjustment in its membership calculation under
subsection (3), if any, and the educating district or intermediate
district shall provide to the center and the department all
information they require to comply with this section.
(6) Not later than December 1, 2014, the center in conjunction
with the department shall report to the legislature data related to
the implementation of this section, including, but not limited to,
the number of transfer transactions and the net change in pupil
memberships in 2013-2014 by district and intermediate district.
(7) The portion of the full-time equated pupil membership for
which a pupil is enrolled in 1 or more online courses under section
21f shall not be counted or transferred under the pupil transfer
process under this section.
(8) (6)
As used in this section: ,
"educating
(a) Educating district or intermediate district" means the
district or intermediate district in which a pupil enrolls after
the pupil membership count day or after an adjustment was made in
another district's or intermediate district's membership
calculation under this section due to the pupil's enrollment and
attendance.
(b) "Pupil" means that term as defined under section 6 and
also children receiving early childhood special education programs
and services.
Sec. 25f. (1) From the state school aid fund money
appropriated in section 11, there is allocated an amount not to
exceed
$2,000,000.00 for 2013-2014 2014-2015
for payments to strict
discipline academies established under sections 1311b to 1311m of
the revised school code, MCL 380.1311b to 380.1311m, as provided
under this section and for the purposes described in subsection
(5).
(2) In order to receive funding under this section, a strict
discipline academy shall first comply with section 25e and use the
pupil transfer process under that section for changes in enrollment
as prescribed under that section.
(3)
Not later than June 30, 2014, 2015,
a strict discipline
academy shall report to the center and to the department, in a
manner prescribed by the center and the department, the following
information
for 2013-2014:2014-2015:
(a) The number of pupils enrolled and in attendance at the
strict discipline academy.
(b) The number of days each pupil enrolled was in attendance
at the strict discipline academy, not to exceed 180.
(4) The amount of the payment to a strict discipline academy
under this section shall be an amount equal to the difference
between the product of 1/180 of the per-pupil payment as calculated
under section 20 for the strict discipline academy multiplied by
the number of days of pupil attendance reported under subsection
(3)(b) minus the product of the per-pupil payment as calculated
under section 20 for the strict discipline academy multiplied by
the pupils in membership at the strict discipline academy as
calculated under section 6 and as adjusted by section 25e.
(5) If the operation of the special membership counting
provisions under section 6(4)(dd) and the other membership counting
provisions under section 6(4) result in a pupil being counted as
more than 1.0 FTE in a fiscal year, then the payment made for the
pupil under sections 22a and 22b shall not be based on more than
1.0 FTE for that pupil, and that portion of the FTE that exceeds
1.0 shall be paid under this section in an amount equal to that
portion multiplied by the educating district's foundation allowance
or per pupil payment calculated under section 20.
(6) (5)
If the funds allocated under this
section are
insufficient
to fully fund the adjustments under subsection
subsections
(4) and (5), payments to
eligible strict discipline
academies
under this section shall be prorated on an equal per-
pupil basis.
(7) Payments to districts under this section shall be made
according to the payment schedule under section 17b.
Sec.
26a. (1) From the state school aid fund appropriation
funds appropriated in section 11, there is allocated an amount not
to
exceed $26,300,000.00 for 2013-2014 2014-2015 to reimburse
districts and intermediate districts pursuant to section 12 of the
Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes
levied
in 2013. 2014. 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.
(2)
In addition to the allocation under subsection (1), from
the
general fund money appropriated under section 11, there is
allocated
an amount not to exceed $3,200,000.00 for 2013-2014 to
reimburse
public libraries pursuant to section 12 of the Michigan
renaissance
zone act, 1996 PA 376, MCL 125.2692, for taxes levied
in
2013. 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) From the appropriation in section 11, there is
allocated
for 2013-2014 2014-2015 an amount not to exceed
$4,009,500.00
$4,210,000.00 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. 26c. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $209,400.00 for 2012-2013 and an
amount
not to exceed $266,200.00 for 2013-2014 $293,100.00 for
2014-2015 to the promise zone fund created in subsection (3).
(2) Funds allocated to the promise zone fund under this
section shall be used solely for payments to eligible districts and
intermediate districts that have a promise zone development plan
approved by the department of treasury under section 7 of the
Michigan promise zone authority act, 2008 PA 549, MCL 390.1667.
(3) The promise zone fund is created as a separate account
within the state school aid fund to be used solely for the purposes
of the Michigan promise zone authority act, 2008 PA 549, MCL
390.1661 to 390.1679. All of the following apply to the promise
zone fund:
(a) The state treasurer shall direct the investment of the
promise zone fund. The state treasurer shall credit to the promise
zone fund interest and earnings from fund investments.
(b) Money in the promise zone fund at the close of a fiscal
year shall remain in the promise zone fund and shall not lapse to
the general fund.
(4) Subject to subsection (2), the state treasurer may make
payments from the promise zone fund to eligible districts and
intermediate districts pursuant to the Michigan promise zone
authority act, 2008 PA 549, MCL 390.1661 to 390.1679, to be used
for the purposes of a promise zone authority created under that
act.
Sec. 31a. (1) From the state school aid fund money
appropriated
in section 11, there is allocated for 2013-2014 2014-
2015 an amount not to exceed $317,695,500.00 for payments to
eligible districts, eligible public school academies, and the
education
achievement system under this section. Subject to
subsection
(14), the amount of the additional allowance under this
section,
other than funding under subsection (6) or (7), shall be
based
on the number of actual pupils in membership in the district
or
public school academy or the education achievement system 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
1769i, and reported to the department not later than the fifth
Wednesday
after the pupil membership count day of the immediately
preceding
fiscal year and adjusted not later than December 31 of
the
immediately preceding fiscal year in the form and manner
prescribed
by the center. However, for a public school academy that
began
operations as a public school academy, or for an achievement
school
that began operations as an achievement school, 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 or the education achievement system 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 and reported to the department
not
later than the fifth Wednesday after the pupil membership count
day.for the purposes of ensuring that pupils are
proficient in
reading by the end of grade 3 and that high school graduates are
career and college ready and for the purposes under subsections (6)
and (7).
(2)
To For a district or
public school academy, or the
education achievement system, 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 or the education achievement system shall
apply
to the department, in a form and manner prescribed by the
department,
and a district or public school academy or the
education
achievement system must meet all of the following:
(a)
The the sum of the district's or public school academy's
or the education achievement system's combined state and local
revenue per membership pupil in the current state fiscal year, as
calculated
under section 20, is must
be less than or equal to the
basic foundation allowance under section 20 for the current state
fiscal year.
(b)
The district or public school academy or the education
achievement
system 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 or the
education achievement system shall receive under this section for
each membership pupil in the district or public school academy or
the education achievement system who met the income eligibility
criteria for free breakfast, lunch, or milk, as determined under
the Richard B. Russell national school lunch act, 42 USC 1751 to
1769, and as reported to the department in the form and manner
prescribed by the department not later than the fifth Wednesday
after the pupil membership count day 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 the
public school academy's or the education achievement system's per
pupil amount calculated under section 20, not to exceed the basic
foundation allowance under section 20 for the current state fiscal
year, or of the public school academy's or the education
achievement system's per membership pupil amount calculated under
section
20 for the current state fiscal year. A However, a public
school academy that began operations as a public school academy, or
an achievement school that began operations as an achievement
school, 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 or in the education
achievement system 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
not later than the fifth Wednesday after the pupil membership count
day 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 or the education achievement
system'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, or the education achievement system,
receiving funding under this section shall use that money only to
provide instructional programs and direct noninstructional
services, including, but not limited to, medical, mental health, or
counseling services, for at-risk pupils; for school health clinics;
and
for the purposes of subsection (5), (6), or (7), or (10).
In
addition, a district that is a school district of the first class
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),
(3), or the education achievement system if it meets this
requirement, may use not more than 20% of the funds it receives
under this section for school security. A district, the public
school academy, or the education achievement system 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 or the education achievement system under
this
section in the immediately preceding year and already being
used
by the district or public school academy or the education
achievement
system 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 (12), a 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, or the education
achievement system if it operates a school breakfast program, 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 or the education achievement system receives funds under
this section, necessary to pay for costs associated with the
operation of the school breakfast program.
(6) From the funds allocated under subsection (1), there is
allocated
for 2013-2014 2014-2015 an amount not to exceed
$3,557,300.00 to support child and adolescent health centers. These
grants shall be awarded for 5 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 5-year period after
the noncompliance. To continue to receive funding for a child and
adolescent health center under this section a grant recipient shall
ensure that the child and adolescent 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 child and adolescent 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. Funding under this
subsection shall be used to support child and adolescent health
center services provided to children up to age 21. 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 (14) for that fiscal year.
(7) From the funds allocated under subsection (1), there is
allocated
for 2013-2014 2014-2015 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. Funds shall be awarded in a form and manner
approved jointly by the department and the department of community
health. Notwithstanding section 17b, payments to eligible entities
under this subsection shall be paid on a schedule determined by the
department.
(8) Each district or public school academy receiving funds
under this section and the education achievement system 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 or the education achievement system of funds under
this
section, which report shall include at least a brief
description of each program conducted or services performed by the
district or public school academy or the education achievement
system 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 or services, the total
number of at-risk pupils served by each of those programs or
services, and the data necessary for the department and the
department of human services to verify matching funds for the
temporary assistance for needy families program. If a district or
public school academy or the education achievement system 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 or the education achievement
system complies with this subsection. If the district or public
school academy or the education achievement system 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) In order to receive funds under this section, a district
or public school academy or the education achievement system 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 or the education
achievement system shall reimburse the state for all disallowances
found in the audit.
(10)
Subject to subsections (5), (6), and
(7), (12), and (13),
a 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-12,
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), (12), and (13), a 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-12, 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 implement
schoolwide reform in schools with 40% or more of their pupils
identified as at-risk pupils by providing supplemental
instructional or noninstructional services consistent with the
school improvement plan.
(11)
A district or public school academy or the education
achievement
system 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)
For an individual school or schools operated by a
district
or public school academy receiving funds under this
section
or the education achievement system that have been
determined
by the department to meet the adequate yearly progress
standards
of the 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 or the education achievement system may
use
not more than 20% of the funds it receives under this section
for
specific alternative purposes identified by the district or
public
school academy or the education achievement system that are
designed
to benefit at-risk pupils in the school, but that may be
different
from the purposes otherwise allowable under this section.
If
a district or public school academy or the education achievement
system
uses funds for alternative purposes allowed under the
flexibility
provisions under this subsection, the district or
public
school academy or the education achievement system shall
maintain
documentation of the amounts used for those alternative
purposes
and shall make that information available to the
department
upon request.
(13)
A district or public school academy that receives funds
under
this section or the education achievement system may use
funds
it receives under this section to implement and operate an
early
intervening program for pupils in grades K to 3 that meets
either
or both of the following:
(a)
Monitors individual pupil learning and provides specific
support
or learning strategies to pupils as early as possible in
order
to reduce the need for special education placement. The
program
shall include literacy and numeracy supports, sensory motor
skill
development, behavior supports, instructional consultation
for
teachers, and the development of a parent/school learning plan.
Specific
support or learning strategies may include support in or
out
of the general classroom in areas including reading, writing,
math,
visual memory, motor skill development, behavior, or language
development.
These would be provided based on an understanding of
the
individual child's learning needs.
(b)
Provides early intervening strategies using school-wide
systems
of academic and behavioral supports and is scientifically
research-based.
The strategies to be provided shall include at
least
pupil performance indicators based upon response to
intervention,
instructional consultation for teachers, and ongoing
progress
monitoring. A school-wide system of academic and
behavioral
support should be based on a support team available to
the
classroom teachers. The members of this team could include the
principal,
special education staff, reading teachers, and other
appropriate
personnel who would be available to systematically
study
the needs of the individual child and work with the teacher
to
match instruction to the needs of the individual child.
(11) (14)
If necessary, and before any
proration required
under section 296, 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).(3).
(12) (15)
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. In addition, if a district is dissolved
pursuant to section 12 of the revised school code, MCL 380.12, the
intermediate district to which the dissolved school district was
constituent shall determine the estimated number of pupils that
meet the income eligibility criteria for free breakfast, lunch, or
milk, as described under subsection (3), enrolled in each of the
other districts within the intermediate district and provide that
estimate to the department for the purposes of distributing funds
under this section within 60 days after the school district is
declared dissolved.
(13) (16)
As used in this section,
"at-risk pupil" means a
pupil for whom the district has documentation that the pupil meets
at
least 2 any of the following criteria: is
(a)
Is a victim of child abuse or neglect. ;
is below grade
level
in English language arts or mathematics; is
(b)
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
(c) Has a family history of school failure, incarceration, or
substance
abuse. At-risk pupil also includes all pupils in a
priority
school as defined in the elementary and secondary
education
act of 2001 flexibility request approved by the United
States
department of education. 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, science test, or social studies
for
which results for the pupil have been received.
(d) For pupils for whom the results of the Michigan merit
examination
have been received, at-risk pupil also includes is a
pupil who does not meet the other criteria under this subsection
but who did not achieve proficiency on the reading, writing,
mathematics, science, or social studies components of the most
recent Michigan merit examination for which results for the pupil
have been received.
(e)
For pupils in grades K-3, at-risk
pupil also includes is a
pupil who is at risk of not meeting the district's core academic
curricular objectives in English language arts or mathematics.
(f) The pupil is enrolled in a priority or priority-successor
school, as defined in the elementary and secondary education act of
2001 flexibility waiver approved by the United States department of
education.
(g) The pupil did not achieve a score of at least proficient
on 2 or more state-administered assessments for English language
arts, mathematics, science, or social studies.
(h) For high school pupils in grades not assessed by the
state, the pupil did not receive a satisfactory score on 2 or more
end-of-course examinations that are aligned with state standards in
English language arts, mathematics, science, or social studies. For
middle school pupils in grades not assessed by the state, the pupil
did not receive a satisfactory score on 2 or more end-of-semester
or end-of-trimester examinations that are aligned with state
standards in science or social studies. For pupils in the
elementary grades in grades and subjects not assessed by the state,
the pupil did not receive a satisfactory score or did not have a
satisfactory outcome on 2 or more interim assessments in English
language arts, mathematics, science, or social studies.
(i) In the absence of state or local assessment data, the
pupil meets at least 2 of the following criteria, as documented in
a form and manner approved by the department:
(i) The pupil is eligible for free breakfast, lunch, or milk.
(ii) The pupil is absent more than 10% of enrolled days or 10
school days during the school year.
(iii) The pupil is homeless.
(iv) The pupil is a migrant.
(v) The pupil is an English language learner.
(vi) The pupil is an immigrant who has immigrated within the
immediately preceding 3 years.
(vii) The pupil did not complete high school in 4 years and is
still continuing in school as identified in the Michigan cohort
graduation and dropout report.
(14) Beginning in 2014-2015, if a district, public school
academy, or the education achievement system does not demonstrate
to the satisfaction of the department that at least 50% of at-risk
pupils are reading at grade level by the end of grade 3 as measured
by the state assessment and demonstrate to the satisfaction of the
department improvement over 3 consecutive years in the percentage
of at-risk pupils that are career- and college-ready as measured by
the pupil's score on each of the individual subject areas on the
college entrance examination portion of the Michigan merit
examination under section 1279g(2)(a) of the revised school code,
MCL 380.1279g, the district, public school academy, or education
achievement system shall ensure all of the following:
(a) The district, public school academy, or the education
achievement system shall determine the proportion of total at risk
pupils that represents the number of pupils in grade 3 that are not
reading at grade level by the end of grade 3, and the district,
public school academy, or the education achievement system shall
expend that same proportion multiplied by 1/2 of its total at risk
funds under this section on tutoring and other methods of improving
grade 3 reading levels.
(b) The district, public school academy, or the education
achievement system shall determine the proportion of total at risk
pupils that represent the number of pupils in grade 11 that are not
career- and college-ready as measured by the student's score on
each of the individual subject areas on the college entrance
examination portion of the Michigan merit examination under section
1279g(2)(a) of the revised school code, MCL 380.1279g, and the
district, public school academy, or the education achievement
system shall expend that same proportion multiplied by 1/2 of its
total at risk funds under this section on tutoring and other
activities to improve scores on the college entrance examination
portion of the Michigan merit examination.
(15) As used in subsection (14), "total at risk pupils" means
the sum of the number of pupils in grade 3 that are not reading at
grade level by the end of third grade and the number of pupils in
grade 11 that are not career- and college-ready as measured by the
student's score on each of the individual subject areas on the
college entrance examination portion of the Michigan merit
examination under section 1279g(2)(a) of the revised school code,
MCL 380.1279g.
(16) (17)
A district or public school academy
that receives
funds under this section or the education achievement system may
use funds received under this section to provide an anti-bullying
or crisis intervention program.
Sec. 31d. (1) From the appropriations in section 11, there is
allocated
an amount not to exceed $22,495,100.00 for 2013-2014
2014-2015 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 2013-2014 2014-2015
all available federal funding,
estimated
at $460,000,000.00 $510,000,000.00
for the national
school lunch program and all available federal funding, estimated
at $3,200,000.00 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.
(7) In purchasing food for a school lunch program funded under
this section, preference shall be given to food that is grown or
produced by Michigan businesses if it is competitively priced and
of comparable quality.
Sec. 31f. (1) From the appropriations in section 11, there is
allocated
an amount not to exceed $5,625,000.00 for 2013-2014 2014-
2015 for the purpose of making payments to districts to reimburse
for the cost of providing breakfast.
(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 described in subdivision (a).
(3) The payment for a district under this section is at a per
meal rate equal to the lesser of the district's actual cost or 100%
of the statewide average cost of a breakfast served, as determined
and approved by the department, less federal reimbursement,
participant payments, and other state reimbursement. The statewide
average cost shall be determined by the department using costs as
reported in a manner approved by the department for the preceding
school year.
(4) Notwithstanding section 17b, payments under this section
may be made pursuant to an agreement with the department.
(5) In purchasing food for a school breakfast program funded
under this section, preference shall be given to food that is grown
or produced by Michigan businesses if it is competitively priced
and of comparable quality.
Sec. 31g. (1) From the general fund money appropriated in
section 11, there is allocated to the department for 2014-2015 the
amount of $1,200,000.00 for a contract with a single provider to
provide an online, research-based, secure, personal user health and
nutrition education software platform in a representative sample of
pilot schools in this state, to include schools operated by
districts, public school academies, and intermediate districts, for
2 school years. The contract shall include platform and content
development and evaluation. The department shall oversee a
competitive request for proposals process for the contract, and the
request for proposals shall include, but not be limited to, all of
the following requirements:
(a) A Michigan-based, platform-neutral, technology-driven
online platform that does not require additional information
technology resources beyond Internet access.
(b) A sustainable, interactive health and nutrition education
platform and personal responsibility health behavior record that is
cost-neutral to all participants, including pupils, parents,
guardians, and schools, and that requires an opt-in from the parent
or legal guardian of each pupil participant.
(c) Personal use health behavior data that are cumulative and
accessible in real time only to the user and those authorized by
the user through a secure online dashboard that meets all federal,
state, and local health information and child online privacy
requirements, including, but not limited to, being in compliance
with the children's online privacy protection act of 1998, 5 USC
6501 to 6505, and the kidsafe seal program.
(d) A program that provides for age- and developmentally
appropriate self-monitoring through the recording of health habits,
including, but not limited to, dietary intake and physical
activity, that is consistent with current, established standards
for well-child preventive health care, and that provides a personal
responsibility health record.
(e) A program that promotes a healthy lifestyle and reinforces
positive health outcomes while aligning with currently established
school health curricula, physical education and physical activity
curricula, federal school meal programs, school-based health
programs, current United States dietary guidelines for Americans,
and established state-funded and federally funded food, nutrition,
and health promotion programs. The overall goal of the program
shall be improved dietary intake and increased physical activity.
(2) The funds appropriated under this section are to be spent
over 2 years and shall be considered a work project appropriation.
Any unexpended funds for 2014-2015 are carried forward into 2015-
2016. The purpose of the work project is as described under
subsection (1). The total estimated cost of these projects is
$1,200,000.00. The tentative estimated completion date of the work
project is September 30, 2017.
(3) The contract under subsection (1) shall require the
provider to submit a progress report to the legislature by
September 30, 2017. The report shall provide details on the
program's progress and impact, including, but not limited to, all
of the following:
(a) Increase in the number of active registrants in the
program and in the length of participation by registrants in the
program.
(b) Improvement and increase in the number of healthy options
served to pupils by school lunch programs.
(c) Increase in participation by pupils in school athletic and
physical activities.
(d) Continued alignment with the department of community
health's Michigan Health and Wellness 4x4 plan.
(4) Not later than 1 year after the completion of the work
project under this section, the auditor general shall perform a
performance post-audit of the pilot project and submit a report to
the legislature on the effectiveness of the program in achieving
improvements in child health.
Sec. 32d. (1) From the funds appropriated in section 11, there
is allocated to eligible intermediate districts and consortia of
intermediate districts for great start readiness programs an amount
not
to exceed $149,275,000.00 $214,275,000.00
for 2013-2014. 2014-
2015. In addition, from the funds appropriated in section 11, there
is allocated to the great start readiness reserve fund created
under
subsection (14) (19) an amount not to exceed $25,000,000.00
for
2013-2014. 2014-2015. Funds allocated under this section for
great start readiness programs shall be used to provide part-day,
school-day, or GSRP/head start blended comprehensive free
compensatory classroom programs designed to improve the readiness
and subsequent achievement of educationally disadvantaged children
who meet the participant eligibility and prioritization guidelines
as
defined by the department. Beginning in 2013-2014, for For a
child to be eligible to participate in a program under this
section, the child shall be at least 4, but less than 5, years of
age as of the date specified for determining a child's eligibility
to attend school under section 1147 of the revised school code, MCL
380.1147.
(2) Funds allocated under subsection (1) shall be allocated to
intermediate districts or consortia of intermediate districts based
on the formula in section 39. An intermediate district or
consortium of intermediate districts receiving funding under this
section shall act as the fiduciary for the great start readiness
programs. In order to be eligible to receive funds allocated under
this subsection from an intermediate district or consortium of
intermediate districts, a district, a consortium of districts, or a
public or private for-profit or nonprofit legal entity or agency
shall comply with this section and section 39.
(3) In addition to the allocation under subsection (1), from
the general fund money appropriated under section 11, there is
allocated
an amount not to exceed $300,000.00 for 2013-2014 2014-
2015 for a competitive grant to continue a longitudinal evaluation
of children who have participated in great start readiness
programs.
(4) To be eligible for funding under this section, a program
shall prepare children for success in school through comprehensive
part-day, school-day, or GSRP/head start blended programs that
contain all of the following program components, as determined by
the department:
(a) Participation in a collaborative recruitment and
enrollment process to assure that each child is enrolled in the
program most appropriate to his or her needs and to maximize the
use of federal, state, and local funds.
(b) An age-appropriate educational curriculum that is in
compliance with the early childhood standards of quality for
prekindergarten children adopted by the state board.
(c) Nutritional services for all program participants
supported by federal, state, and local resources as applicable.
(d)
Health Physical and dental
health and developmental
screening services for all program participants.
(e) Referral services for families of program participants to
community social service agencies, including mental health
services, as appropriate.
(f) Active and continuous involvement of the parents or
guardians of the program participants.
(g) A plan to conduct and report annual great start readiness
program evaluations and continuous improvement plans using criteria
approved by the department.
(h)
Participation in a multidistrict, multiagency, school
readiness advisory committee convened as a workgroup of the great
start collaborative that provides for the involvement of classroom
teachers, parents or guardians of program participants, and
community, volunteer, and social service agencies and
organizations, as appropriate. The advisory committee annually
shall review and make recommendations regarding the program
components
listed in this subsection. and make recommendations for
changes
to the great start readiness program for which it is an
advisory
committee.The advisory
committee also shall make
recommendations to the great start collaborative regarding other
community services designed to improve all children's school
readiness.
(i) The ongoing articulation of the kindergarten and first
grade programs offered by the program provider.
(j) Participation in this state's great start to quality
process with a rating of at least 3 stars.
(5) An application for funding under this section shall
provide for the following, in a form and manner determined by the
department:
(a) Ensure compliance with all program components described in
subsection (4).
(b)
Ensure Except as otherwise
provided in this subdivision,
ensure that at least 90% of the children participating in an
eligible
great start readiness program for whom the provider
intermediate district is receiving funds under this section are
children who live with families with a household income that is
equal to or less than 250% of the federal poverty level. If the
intermediate district determines that all eligible children are
being served and that there are no children on the waiting list
under section 39(1)(d) who live with families with a household
income that is equal to or less than 250% of the federal poverty
level, the intermediate district may then enroll children who live
with families with a household income that is equal to or less than
300% of the federal poverty level. The enrollment process shall
consider income and risk factors, such that children determined
with higher need are enrolled before children with lesser need. For
purposes of this subdivision, all age-eligible children served in
foster care or who are experiencing homelessness or who have
individualized education plans recommending placement in an
inclusive preschool setting shall be considered to live with
families with household income equal to or less than 250% of the
federal poverty level regardless of actual family income.
(c) Ensure that the applicant only uses qualified personnel
for this program, as follows:
(i) Teachers possessing proper training. For
programs managed
directly
by a district or intermediate district, A lead teacher
must
have a valid teaching certificate and
with an early childhood
(ZA
or ZS) endorsement are required. This provision does not apply
to
an eligible child development program. In that situation, a
teacher
must have a valid Michigan teaching certificate with an
early
childhood (ZA or ZS) endorsement, a valid Michigan elementary
teaching
certificate with a child development associate credential,
or a bachelor's degree in child development or early child
development with specialization in preschool teaching. However, if
an applicant demonstrates to the department that it is unable to
fully comply with this subparagraph after making reasonable efforts
to comply, teachers who have significant but incomplete training in
early childhood education or child development may be used if the
applicant provides to the department, and the department approves,
a plan for each teacher to come into compliance with the standards
in this subparagraph. A teacher's compliance plan must be completed
within 2 years of the date of employment. Progress toward
completion of the compliance plan shall consist of at least 2
courses per calendar year.
(ii) 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. However, if an
applicant demonstrates to the department that it is unable to fully
comply with this subparagraph after making reasonable efforts to
comply, the applicant may use paraprofessionals who have completed
at least 1 course that earns college credit in early childhood
education or child development if the applicant provides to the
department, and the department approves, a plan for each
paraprofessional to come into compliance with the standards in this
subparagraph. A paraprofessional's compliance plan must be
completed within 2 years of the date of employment. Progress toward
completion of the compliance plan shall consist of at least 2
courses or 60 clock hours of training per calendar year.
(d) Include a program budget that contains only those costs
that are not reimbursed or reimbursable by federal funding, that
are clearly and directly attributable to the great start readiness
program, and that would not be incurred if the program were not
being offered. Eligible costs include transportation costs. The
program budget shall indicate the extent to which these funds will
supplement other federal, state, local, or private funds. Funds
received under this section shall not be used to supplant any
federal funds received by the applicant to serve children eligible
for a federally funded preschool program that has the capacity to
serve those children.
(6) For a grant recipient that enrolls pupils in a school-day
program funded under this section, each child enrolled in the
school-day program shall be counted as 2 children served by the
program for purposes of determining the number of children to be
served and for determining the amount of the grant award. A grant
award shall not be increased solely on the basis of providing a
school-day program.
(7) For a grant recipient that enrolls pupils in a GSRP/head
start blended program, the grant recipient shall ensure that all
head start and GSRP policies and regulations are applied to the
blended slots, with adherence to the highest standard from either
program, to the extent allowable under federal law.
(8) An intermediate district or consortium of intermediate
districts receiving a grant under this section shall designate an
early childhood coordinator, and may provide services directly or
may contract with 1 or more districts or public or private for-
profit or nonprofit providers that meet all requirements of
subsection
(4). and retain for administrative services an amount
equal
to not more than 7% of the grant amount. In addition, an
(9) Funds received under this section may be retained for
administrative services as follows:
(a) For the portion of the total grant amount for which
services are provided directly by an intermediate district or
consortium of intermediate districts, the intermediate district or
consortium of intermediate districts may retain an amount equal to
not more than 7% of that portion of the grant amount.
(b) For the portion of the total grant amount for which
services are contracted, the intermediate district or consortium of
intermediate districts receiving the grant may retain an amount
equal to not more than 2% of that portion of the grant amount and
the subrecipients engaged by the intermediate district to provide
program services may retain for administrative services an amount
equal to not more than 5% of that portion of the grant amount.
(10) An intermediate district or consortium of intermediate
districts may expend not more than 2% of the total grant amount for
outreach, recruiting, and public awareness of the program.
(11) (9)
Each grant recipient shall enroll
children identified
under subsection (5)(b) according to how far the child's household
income is below 250% of the federal poverty level by ranking each
applicant child's household income from lowest to highest and
dividing the applicant children into quintiles based on how far the
child's household income is below 250% of the federal poverty
level, and then enrolling children in the quintile with the lowest
household income before enrolling children in the quintile with the
next lowest household income until slots are completely filled. If
the grant recipient determines that all eligible children are being
served and that there are no children on the waiting list under
section 39(1)(d) who live with families with a household income
that is equal to or less than 250% of the federal poverty level,
the grant recipient may then enroll children who live with families
with a household income that is equal to or less than 300% of the
federal poverty level. The enrollment process shall consider income
and risk factors, such that children determined with higher need
are enrolled before children with lesser need. For purposes of this
subdivision, all age-eligible children served in foster care or who
are experiencing homelessness or who have individualized education
plans recommending placement in an inclusive preschool setting
shall be considered to live with families with household income
equal to or less than 250% of the federal poverty level regardless
of actual family income.
(12) An intermediate district or consortium of intermediate
districts receiving a grant under this section shall allow parents
of eligible children who are residents of the intermediate district
or within the consortium to choose a program operated by or
contracted with another intermediate district or consortium of
intermediate districts and shall pay to the educating intermediate
district or consortium the per-child amount attributable to each
child enrolled pursuant to this sentence, as determined under
section 39.
(13) (10)
An intermediate district or
consortium of
intermediate districts receiving a grant under this section shall
conduct a local process to contract with interested and eligible
public and private for-profit and nonprofit community-based
providers that meet all requirements of subsection (4) for at least
30% of its total slot allocation. The intermediate district or
consortium shall report to the department, in a manner prescribed
by the department, a detailed list of community-based providers by
provider type, including private for-profit, private nonprofit,
community college or university, head start grantee or delegate,
and district or intermediate district, and the number and
proportion of its total slot allocation allocated to each provider
as subrecipient. If the intermediate district or consortium is not
able to contract for at least 30% of its total slot allocation, the
grant recipient shall notify the department and, if the department
verifies that the intermediate district or consortium attempted to
contract for at least 30% of its total slot allocation and was not
able to do so, then the intermediate district or consortium may
retain and use all of its allocated slots as provided under this
section. To be able to use this exemption, the intermediate
district or consortium shall demonstrate to the department that the
intermediate district or consortium increased the percentage of its
total slot allocation for which it contracts with a community-based
provider and the intermediate district or consortium shall submit
evidence satisfactory to the department, and the department must be
able to verify this evidence, demonstrating that the intermediate
district or consortium took measures to contract for at least 30%
of its total slot allocation as required under this subsection,
including, but not limited to, at least all of the following
measures:
(a) The intermediate district or consortium notified each
licensed child care center located in the service area of the
intermediate district or consortium at least twice regarding the
center's eligibility to participate. One of these notifications may
be made electronically, but at least 1 of these notifications shall
be made via hard copy through the United States mail. At least 1 of
these notifications shall be made within 7 days after the
intermediate district or consortium receives notice from the
department of its slot allocations.
(b) The intermediate district or consortium provided to each
licensed child care center located in the service area of the
intermediate district or consortium information regarding great
start readiness program requirements and a description of the
application and selection process for community-based providers.
(c) The intermediate district or consortium provided to the
public and to participating families a list of community-based
great start readiness program subrecipients with a great start to
quality rating of at least 3 stars.
(14) If an intermediate district or consortium of intermediate
districts receiving a grant under this section fails to submit
satisfactory evidence to demonstrate its effort to contract for at
least 30% of its total slot allocation, as required under
subsection (1), the department shall reduce the slots allocated to
the intermediate district or consortium by a percentage equal to
the difference between the percentage of an intermediate district's
or consortium's total slot allocation awarded to community-based
providers and 30% of its total slot allocation.
(15) In order to assist intermediate districts and consortia
in complying with the requirement to contract with community-based
providers for at least 30% of their total slot allocation, the
department shall do all of the following:
(a) Ensure that a great start resource center or the
department provides each intermediate district or consortium
receiving a grant under this section with the contact information
for each licensed child care center located in the service area of
the intermediate district or consortium by March 1 of each year.
(b) Provide, or ensure that an organization with which the
department contracts provides, a community-based provider with a
validated great start to quality rating within 90 days of the
provider's having submitted a request and self-assessment.
(c) Ensure that all intermediate district, district, community
college or university, head start grantee or delegate, private for-
profit, and private nonprofit providers are subject to a single
great start to quality rating system. The rating system shall
ensure that regulators process all prospective providers at the
same pace on a first-come, first-served basis and shall not allow 1
type of provider to receive a great start to quality rating ahead
of any other type of provider.
(d) Not later than November 1 of each year, compile the
results of the information reported by each intermediate district
or consortium under subsection (10) and report to the legislature a
list by intermediate district or consortium with the number and
percentage of each intermediate district's or consortium's total
slot allocation allocated to community-based providers by provider
type, including private for-profit, private nonprofit, community
college or university, head start grantee or delegate, and district
or intermediate district.
(16) (11)
A recipient of funds under this
section shall report
to the department in a form and manner prescribed by the department
the number of children participating in the program who meet the
income eligibility criteria under subsection (5)(b) and the total
number of children participating in the program. For children
participating in the program who meet the income eligibility
criteria specified under subsection (5)(b), a recipient 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.
(17) (12)
As used in this section:
(a) "GSRP/head start blended program" means a part-day program
funded under this section and a head start program, which are
combined for a school-day program.
(b) "Part-day program" means a program that operates at least
4 days per week, 30 weeks per year, for at least 3 hours of
teacher-child contact time per day but for fewer hours of teacher-
child contact time per day than a school-day program.
(c) "School-day program" means a program that operates for at
least the same length of day as a district's first grade program
for a minimum of 4 days per week, 30 weeks per year. A classroom
that offers a school-day program must enroll all children for the
school day to be considered a school-day program.
(18) (13)
An intermediate district or
consortium of
intermediate districts receiving funds under this section shall
establish a sliding scale of tuition rates based upon household
income for children participating in an eligible great start
readiness program who live with families with a household income
that is more than 250% of the federal poverty level to be used by
all of its providers, as approved by the department. A grant
recipient shall charge tuition according to that sliding scale of
tuition rates on a uniform basis for any child who does not meet
the income eligibility requirements under this section.
(19) (14)
The great start readiness reserve
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. Money
available in the great start readiness reserve fund may not be
expended
for 2013-2014 2014-2015 unless transferred by the
legislature
not later than January 31, December
15, 2014 to the
allocation under subsection (1) for great start readiness programs.
Money in the great start readiness reserve fund shall be expended
only for purposes for which state school aid fund money may be
expended. The state treasurer shall direct the investment of the
great start readiness reserve fund. The state treasurer shall
credit to the great start readiness reserve fund interest and
earnings from fund investments. Money in the great start readiness
reserve fund at the close of a fiscal year shall remain in the
great start readiness reserve fund and shall not lapse to the
unreserved school aid fund balance or the general fund.
(20) From the amount appropriated in subsection (1), there is
allocated an amount not to exceed $10,000,000.00 for reimbursement
of transportation costs for children attending great start
readiness programs funded under this section. To receive
reimbursement under this subsection, not later than November 1,
2014, a program funded under this section that provides
transportation shall submit to the intermediate district that is
the fiscal agent for the program a projected transportation budget.
The amount of the reimbursement for transportation under this
subsection shall be the lesser of the projected transportation
budget or $150.00 multiplied by the number of slots funded for the
program under this section. If the amount allocated under this
subsection is insufficient to fully reimburse the transportation
costs for all programs that provide transportation and submit the
required information, the reimbursement shall be prorated in an
equal amount per slot funded. Payments shall be made to the
intermediate district that is the fiscal agent for each program,
and the intermediate district shall then reimburse the program
provider for transportation costs as prescribed under this
subsection.
Sec. 32p. (1) From the school aid fund appropriation in
section 11, there is allocated an amount not to exceed
$10,900,000.00
to intermediate districts for 2013-2014 2014-2015
for the purpose of providing early childhood funding to
intermediate school districts in block grants, supporting the
activities under subsection (2), and providing early childhood
programs
for children from birth through age 8. Beginning in 2013-
2014,
the The funding provided to each intermediate district under
this section shall be determined by the distribution formula
established by the department's office of great start to provide
equitable funding statewide. In order to receive funding under this
section, each intermediate district shall provide an application to
the office of great start not later than September 15 of the
immediately preceding fiscal year indicating the activities planned
to be provided.
(2) Each intermediate district or consortium of intermediate
districts that receives funding under this section shall convene a
local great start collaborative and a parent coalition. The goal of
each great start collaborative and parent coalition shall be to
ensure the coordination and expansion of local early childhood
infrastructure and programs that allow every child in the community
to achieve the following outcomes:
(a) Children born healthy.
(b) Children healthy, thriving, and developmentally on track
from birth to third grade.
(c) Children developmentally ready to succeed in school at the
time of school entry.
(d) Children prepared to succeed in fourth grade and beyond by
reading proficiently by the end of third grade.
(3) Each local great start collaborative and parent coalition
shall
convene a workgroup to serve as a school readiness advisory
committee
as required under section 32d and shall workgroups to
make recommendations about community services designed to achieve
the outcomes described in subsection (2) and to ensure that its
local great start system includes the following supports for
children from birth through age 8:
(a) Physical health.
(b) Social-emotional health.
(c) Family supports and basic needs.
(d) Parent education and child advocacy.
(e) Early education and care.
(4) Not later than December 1 of each year, each intermediate
district shall provide a report to the department detailing the
activities actually provided during the immediately preceding
school year and the families and children actually served. The
department shall compile and summarize these reports and submit its
summary to the house and senate appropriations subcommittees on
school aid and to the house and senate fiscal agencies not later
than
February 15 of each year. The block
grants allocated under
this
section implement legislative intent language for this purpose
enacted
in 2011 PA 62.
(5) An intermediate district or consortium of intermediate
districts that receives funding under this section may carry over
any unexpended funds received under this section into the next
fiscal
year and may expend those unused funds in through June 30 of
the next fiscal year. A recipient of a grant shall return any
unexpended grant funds to the department in the manner prescribed
by the department not later than September 30 of the next fiscal
year after the fiscal year in which the funds are received.
Sec. 39. (1) An eligible applicant receiving funds under
section
32d shall submit a preapplication, an application, in a
form and manner prescribed by the department, by a date specified
by the department in the immediately preceding state fiscal year.
The
preapplication application
shall include a comprehensive needs
assessment using aggregated data from the applicant's entire
service area and a community collaboration plan that is endorsed by
the local great start collaborative and is part of the community's
great start strategic plan that includes, but is not limited to,
great start readiness program and head start providers, and shall
identify all of the following:
(a) The estimated total number of children in the community
who meet the criteria of section 32d and how that calculation was
made.
(b) The estimated number of children in the community who meet
the criteria of section 32d and are being served by other early
childhood development programs operating in the community, and how
that calculation was made.
(c) The number of children the applicant will be able to serve
who meet the criteria of section 32d including a verification of
physical facility and staff resources capacity.
(d) The estimated number of children who meet the criteria of
section 32d who will remain unserved after the applicant and
community early childhood programs have met their funded
enrollments. The applicant shall maintain a waiting list of
identified unserved eligible children who would be served when
openings are available.
(2)
An After notification of
funding allocations, an applicant
receiving
funds under section 32d shall also submit a final
application
an implementation plan for approval, in a form and
manner prescribed by the department, by a date specified by the
department, that details how the applicant complies with the
program components established by the department pursuant to
section 32d.
(3) The number of prekindergarten children construed to be in
need of special readiness assistance under section 32d shall be
calculated for each applicant in the following manner: 1/2 of the
percentage of the applicant's pupils in grades 1 to 5 in all
districts served by the applicant who are eligible for free lunch,
as determined using the district's pupil membership count as of the
pupil membership count day in the school year prior to the fiscal
year for which the calculation is made, under the Richard B.
Russell national school lunch act, 42 USC 1751 to 1769i, shall be
multiplied by the average kindergarten enrollment of the districts
served by the applicant on the pupil membership count day of the 2
immediately preceding fiscal years.
(4) The initial allocation for each fiscal year to each
eligible applicant under section 32d shall be determined by
multiplying the number of children determined by the formula under
subsection (3) or the number of children the applicant indicates it
will be able to serve under subsection (1)(c), whichever is less,
by $3,625.00 and shall be distributed among applicants in
decreasing order of concentration of eligible children as
determined by the formula under subsection (3). If the number of
children an applicant indicates it will be able to serve under
subsection (1)(c) includes children able to be served in a school-
day program, then the number able to be served in a school-day
program shall be doubled for the purposes of making this
calculation of the lesser of the number of children determined by
the formula under subsection (3) and the number of children the
applicant indicates it will be able to serve under subsection
(1)(c) and determining the amount of the initial allocation to the
applicant under section 32d. A district may contract with a head
start agency to serve children enrolled in head start with a
school-day program by blending head start funds with a part-day
great start readiness program allocation. All head start and great
start readiness program policies and regulations apply to the
blended program.
(5) If funds allocated for eligible applicants or to the great
start readiness reserve fund under section 32d remain after the
initial allocation under subsection (4), the allocation under this
subsection shall be distributed to each eligible applicant under
section 32d in decreasing order of concentration of eligible
children as determined by the formula under subsection (3). The
allocation shall be determined by multiplying the number of
children each district within the applicant's service area served
in the immediately preceding fiscal year or the number of children
the applicant indicates it will be able to serve under subsection
(1)(c), whichever is less, minus the number of children for which
the applicant received funding in subsection (4) by $3,625.00.
(6) If funds allocated for eligible applicants or to the great
start readiness reserve fund under section 32d remain after the
allocations under subsections (4) and (5), remaining funds shall be
distributed to each eligible applicant under section 32d in
decreasing order of concentration of eligible children as
determined by the formula under subsection (3). If the number of
children the applicant indicates it will be able to serve under
subsection (1)(c) exceeds the number of children for which funds
have been received under subsections (4) and (5), the allocation
under this subsection shall be determined by multiplying the number
of children the applicant indicates it will be able to serve under
subsection (1)(c) less the number of children for which funds have
been received under subsections (4) and (5) by $3,625.00 until the
funds allocated for eligible applicants in section 32d are
distributed.
(7) An applicant that offers supplementary child care funded
by funds other than those received under section 32d and therefore
offers full-day programs as part of its early childhood development
program shall receive priority in the allocation of funds under
section 32d over other eligible applicants. As used in this
subsection, "full-day program" means a program that provides
supplementary child care that totals at least 10 hours of
programming per day.
(8) If, taking into account the total amount to be allocated
to the applicant as calculated under this section, an applicant
determines that it is able to include additional eligible children
in the great start readiness program without additional funds under
section 32d, the applicant may include additional eligible children
but shall not receive additional funding under section 32d for
those children.
Sec. 39a. (1) From the federal funds appropriated in section
11,
there is allocated for 2013-2014 2014-2015 to districts,
intermediate districts, and other eligible entities all available
federal
funding, estimated at $811,828,500.00, $807,969,900.00 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 $10,808,600.00 $8,000,000.00 to
provide students 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 $111,111,900.00 for the purpose of
preparing, training, and recruiting high-quality teachers and class
size reduction, funded from DED-OESE, improving teacher quality
funds.
(c) An amount estimated at $12,200,000.00 for programs to
teach English to limited English proficient (LEP) children, funded
from DED-OESE, language acquisition state grant funds.
(d) An amount estimated at $10,286,500.00 for the Michigan
charter school subgrant program, funded from DED-OESE, charter
school funds.
(e) An amount estimated at $2,393,500.00 for rural and low
income schools, funded from DED-OESE, rural and low income school
funds.
(f) An amount estimated at $591,500,000.00 to provide
supplemental programs to enable educationally disadvantaged
children to meet challenging academic standards, funded from DED-
OESE, title I, disadvantaged children funds.
(g) An amount estimated at $8,878,000.00 for the purpose of
identifying and serving migrant children, funded from DED-OESE,
title I, migrant education funds.
(h)
An amount estimated at $40,050,000.00 $39,000,000.00 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.
(i) An amount estimated at $24,600,000.00 to help support
local school improvement efforts, funded from DED-OESE, title I,
local school improvement grants.
(2) From the federal funds appropriated in section 11, there
is
allocated for 2013-2014 2014-2015
to districts, intermediate
districts, and other eligible entities all available federal
funding,
estimated at $31,700,000.00 $31,300,000.00
for the
following programs that are funded by federal grants:
(a)
An amount estimated at $600,000.00 $200,000.00 for
acquired immunodeficiency syndrome education grants, funded from
HHS – center for disease control, AIDS funding.
(b) An amount estimated at $2,600,000.00 to provide services
to homeless children and youth, funded from DED-OVAE, homeless
children and youth funds.
(c) An amount estimated at $28,500,000.00 for providing career
and technical education services to pupils, funded from DED-OVAE,
basic grants to states.
(3)
To the extent allowed under federal law, the funds
allocated
under subsection (1)(f) and (i) 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.
(3) (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.
(4) (5)
For the purposes of applying for
federal grants
appropriated under this article, the department shall allow an
intermediate district to submit a consortium application on behalf
of 2 or more districts with the agreement of those districts as
appropriate according to federal rules and guidelines.
(5) (6)
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. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $1,200,000.00 each fiscal year
for 2013-2014 and for 2014-2015 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. Subject to subsection (2),
reimbursement
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.
(2)
A district or intermediate district shall not receive
funds
under this section if it allows pupils to participate in the
program
of instruction who are not residing in the United States
legally.
Sec. 43. From the general fund money appropriated in section
11, there is allocated to the department for 2014-2015 an amount
not to exceed $1,800,000.00 for updating teacher certification
tests. The department shall use these funds to update the set of
teacher certification tests, including content-specific and
subject-relevant tests, to reflect current education standards by
not later than September 30, 2016.
Sec. 51a. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $919,846,100.00 $938,946,100.00
for
2013-2014 2014-2015 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 $370,000,000.00 for 2013-2014, 2014-2015, 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 other entities, 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,
Public Law 108-446, including, but not limited to, 34 CFR
300.206
and 300.208. 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
the amount necessary, estimated at $247,000,000.00
$252,000,000.00
for 2013-2014, 2014-2015, 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 (11), times
the foundation allowance under section 20 of the pupil's district
of residence, not to exceed the basic foundation allowance under
section 20 for the current fiscal year, or, for a special education
pupil in membership in a district that is a public school academy,
times an amount equal to the amount per membership pupil calculated
under section 20(6) or, for a pupil described in this subsection
who is counted in membership in the education achievement system,
times an amount equal to the amount per membership pupil under
section 20(7). 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 (11), 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 the basic foundation allowance under
section 20 for the current fiscal year.
(b) After the allocations under subdivision (a), districts and
intermediate districts for which the payments calculated 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
for 2013-2014 2014-2015 an amount not to exceed
$1,000,000.00 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 article
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 for 2013-2014 2014-2015 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 for 2013-2014 2014-
2015 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 sections 51a to 58, 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 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) 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 article. 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 a
fiscal year that the amounts allocated for that fiscal year under
subsections (2), (3), (6), and (11) and sections 53a, 54, and 56
will exceed expenditures for that fiscal year under subsections
(2), (3), (6), and (11) and sections 53a, 54, and 56, then for a
district or intermediate district whose reimbursement for that
fiscal year 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 subsections (2), (3), (6),
and (11) and sections 53a, 54, and 56 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. This reimbursement
shall not be made after 2014-2015.
(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.
(e) Beginning with calculations for 2004-2005, if an
intermediate district purchases a special education pupil
transportation service from a constituent district that was
previously purchased from a private entity; if the purchase from
the constituent district is at a lower cost, adjusted for changes
in fuel costs; and if the cost shift from the intermediate district
to the constituent does not result in any net change in the revenue
the constituent district receives from payments under sections 22b
and 51c, then upon application by the intermediate district, the
department shall direct the intermediate district to continue to
report the cost associated with the specific identified special
education pupil transportation service and shall adjust the costs
reported by the constituent district to remove the cost associated
with that specific service.
(8) 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.
(9) 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.
(10) 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.
(11) From the funds allocated in subsection (1), there is
allocated
the amount necessary, estimated at $3,500,000.00
$3,300,000.00
for 2013-2014, 2014-2015, 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 foundation
allowance under section 20 of the pupil's district of residence,
not to exceed the basic foundation allowance under section 20 for
the current fiscal year, or, for a pupil described in this
subsection who is counted in membership in a district that is a
public school academy, times an amount equal to the amount per
membership pupil under section 20(6) or, for a pupil described in
this subsection who is counted in membership in the education
achievement system, times an amount equal to the amount per
membership pupil under section 20(7). 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 the basic foundation allowance under section 20 for the
current fiscal year. 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) Pupils with an emotional impairment counted in membership
by an intermediate district and provided educational services by
the department of community health.
(12) If it is determined that funds allocated under subsection
(2) or (11) or under section 51c will not be expended, funds up to
the amount necessary and available may be used to supplement the
allocations under subsection (2) or (11) or under section 51c in
order to fully fund those allocations. After payments under
subsections (2) and (11) 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 payments under section 56.
(13) The allocations under subsections (2), (3), and (11)
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.
(14) If a public school academy enrolls pursuant to this
section a pupil who resides outside of the intermediate district in
which the public school academy is located and who is eligible for
special education programs and services according to statute or
rule, or who is a child with disabilities, as defined under the
individuals with disabilities education act, Public Law 108-446,
the provision of special education programs and services and the
payment of the added costs of special education programs and
services for the pupil are the responsibility of the district and
intermediate district in which the pupil resides unless the
enrolling district or intermediate district has a written agreement
with the district or intermediate district in which the pupil
resides or the public school academy for the purpose of providing
the pupil with a free appropriate public education and the written
agreement includes at least an agreement on the responsibility for
the payment of the added costs of special education programs and
services for the pupil.
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 for 2013-2014 2014-2015
the amount necessary,
estimated
at $613,200,000.00, $630,500,000.00,
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 2013-2014 2014-2015, all available
federal funding, estimated at $74,000,000.00, for special education
programs and services 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 2013-2014:2014-2015:
(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 $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. For intermediate districts,
reimbursement for pupils described in 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 the basic foundation allowance under
section 20 for the current fiscal year.
(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 $13,500,000.00 $10,500,000.00
of the
allocation
for 2013-2014 2014-2015 in section 51a(1) shall be
allocated under this section.
Sec. 54. 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 2013-2014 2014-2015
in section 51a(1) shall be
allocated under this section.
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
an amount not to exceed $37,758,100.00 for 2013-2014
2014-2015 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 2012-2013 2013-
2014
shall be made in 2013-2014 2014-2015 at an amount per 2012-
2013
2013-2014 membership pupil computed by subtracting from
$169,900.00
$172,200.00 the 2012-2013 2013-2014 taxable value
behind each membership pupil and multiplying the resulting
difference
by the 2012-2013 2013-2014
millage levied.
(4) The amount paid to a single intermediate district under
this section shall not exceed 62.9% of the total amount allocated
under subsection (2).
(5) The amount paid to a single intermediate district under
this section shall not be less than 75% of the amount allocated to
the intermediate district under this section for the immediately
preceding fiscal year.
Sec. 61a. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $26,611,300.00 for 2013-2014
2014-2015 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 career
and technical 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 career and
technical education program area. The allocation of added cost
funds shall be based on the type of career and technical education
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 career and 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
career and technical education administration, shared time career
and technical education administration, and career education
planning district career and technical education 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) In addition to the funds allocated in subsection (1), from
the appropriation in section 11, there is allocated an amount not
to
exceed $1,000,000.00 for 2013-2014 2014-2015 to districts or
intermediate districts for area career and technical education
centers for the purpose of integrating the Michigan merit
curriculum content standards under sections 1278a and 1278b of the
revised school code, MCL 380.1278a and 380.1278b, into state-
approved career and technical education instructional programs for
the purpose of awarding academic credit. The department shall
determine the allocation to each career and technical education
center in a manner that provides for maximum integration of
Michigan merit curriculum content standards statewide.
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
an
amount not to exceed $9,190,000.00 for 2013-2014 2014-2015 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 2012-2013 2013-
2014
shall be made in 2013-2014 2014-2015 at an amount per 2012-
2013
2013-2014 membership pupil computed by subtracting from
$186,500.00
$188,100.00 the 2012-2013 2013-2014 taxable value
behind each membership pupil and multiplying the resulting
difference
by the 2012-2013 2013-2014
millage levied.
(4) The amount paid to a single intermediate district under
this section shall not exceed 38.4% of the total amount allocated
under subsection (2).
(5) The amount paid to a single intermediate district under
this section shall not be less than 75% of the amount allocated to
the intermediate district under this section for the immediately
preceding fiscal year.
Sec. 64b. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $1,750,000.00 for 2014-2015 for
supplemental payments to districts that support the attendance of
district pupils in grades 9 to 12 under the postsecondary
enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, or
under the career and technical preparation act, 2000 PA 258, MCL
388.1901 to 388.1913, consistent with section 21b, or that support
the attendance of district pupils in a concurrent enrollment
program if the district meets the requirements under subsection
(3).
(2) To be eligible for payments under this section for
supporting the attendance of district pupils under the
postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to
388.524, or under the career and technical preparation act, 2000 PA
258, MCL 388.1901 to 388.1913, a district shall do all of the
following:
(a) Provide information to all high school pupils on
postsecondary enrollment options, including enrollment eligibility,
the institutions and types of courses that are eligible for
participation, the decision-making process for granting academic
credit, and an explanation of eligible charges that will be paid by
the district.
(b) Enter into a written agreement with a postsecondary
institution before the enrollment of district pupils.
(c) Agree to pay all eligible charges pursuant to section 21b.
(d) Award high school credit for the postsecondary course if
the pupil successfully completes the course.
(3) To be eligible for payments under this section for pupils
enrolled in a concurrent enrollment program, a district shall do
all of the following:
(a) Provide information to all high school pupils on
postsecondary enrollment options, including enrollment eligibility,
the institutions and types of courses that are eligible for
participation, the decision-making process for granting academic
credit, and an explanation of eligible charges that will be paid by
the district.
(b) Enter into a written agreement with a postsecondary
institution establishing the concurrent enrollment program before
the enrollment of district pupils in a postsecondary course through
the postsecondary institution.
(c) Ensure that the course is taught by either a high school
teacher or postsecondary faculty pursuant to standards established
by the postsecondary institution with which the district has
entered into a written agreement to operate the concurrent
enrollment program.
(d) Ensure that the written agreement provides that the
postsecondary institution agrees not to charge the pupil for any
cost of the program.
(e) Ensure that the course is taught in the local district or
intermediate district.
(f) Ensure that the pupil is awarded both high school and
college credit upon successful completion of the course as outlined
in the agreement with the postsecondary institution.
(4) Funds shall be awarded to eligible districts under this
section in the following manner:
(a) A payment of $10.00 per credit, for up to 3 credits, for a
credit-bearing course in which a pupil enrolls during the 2014-2015
school year as described under either subsection (2) or (3).
(b) An additional payment of $30.00 per pupil per course
identified in subdivision (a), if the pupil successfully completes,
and is awarded both high school and postsecondary credit for, the
course during the 2014-2015 school year.
(5) A district requesting payment under this section shall
submit an application to the department in the form and manner
prescribed by the department. Notwithstanding section 17b, payments
under this section shall be made on a schedule determined by the
department.
Sec. 64c. (1) From the general fund money appropriated in
section 11, there is allocated to the department for 2014-2015 an
amount not to exceed $250,000.00 for a study under this section.
The department shall commission an independent third party to
conduct a study and prepare a report analyzing the state's current
career readiness education system.
(2) The purpose of the study under this section shall be to
research current high school and postsecondary curricula and
facilities and develop recommendations for the implementation of a
statewide system to support career pathways that lead to education
and training opportunities to lessen the existing talent gap in the
state.
(3) The study under this section shall, at a minimum, include
recommendations that address at least all of the following:
(a) Identification of redundancy of roles, programs, and
capital infrastructure among public schools, intermediate
districts, community colleges, and universities in providing high-
skilled degrees and credentials and make recommendations to better
coordinate those roles, programs, and facilities.
(b) Development of a statewide strategy and related policies
that will result in more coordinated and expedited pathways for
students to obtain high-skilled college degrees and credentials,
regardless of point of entry.
(c) Proposed metrics that can be used to measure this state's
success towards achieving the desired outcomes.
(d) Identification of specific barriers for students and
potential ways to address those barriers.
(4) The department shall ensure that educators and the
business community are solicited for their input as part of the
study.
(5) The report summarizing the results of the study under this
section shall be presented to the department no later than
September 30, 2015.
Sec. 74. (1) From the amount appropriated in section 11, there
is
allocated an amount not to exceed $3,299,000.00 for 2013-2014
$3,316,500.00 for 2014-2015 for the purposes of this section.
(2) From the allocation in subsection (1), there is allocated
for each fiscal year the amount necessary for payments to state
supported colleges or universities and intermediate districts
providing school bus driver safety instruction pursuant to section
51 of the pupil transportation act, 1990 PA 187, MCL 257.1851. The
payments shall be in an amount determined by the department not to
exceed 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 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 for 2014-2015 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 article
for nonspecial education auxiliary services transportation.
(4) From the funds allocated in subsection (1), there is
allocated
an amount not to exceed $1,674,000.00 for 2013-2014
$1,691,500.00 for 2014-2015 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 an intermediate district serving as
fiduciary in a time and manner determined jointly by the department
and the department of state police. Upon review and approval of the
statement of cost, the department shall forward to the designated
intermediate district serving as fiduciary the amount of the
reimbursement on behalf of each district and intermediate district
for costs detailed on the statement within 45 days after receipt of
the statement. The designated intermediate district 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. Notwithstanding section
17b, payments to eligible entities under this subsection shall be
paid on a schedule prescribed by the department.
Sec. 74a. From the school aid fund money appropriated in
section 11, there is allocated an amount not to exceed
$3,000,000.00 for 2014-2015 for a pilot project providing grants to
districts to convert buses from diesel fuel to natural gas. In
order to be eligible for a grant, a district shall provide the
department with information on the cost of fuel for the converted
buses, expressed in dollars per mile driven. Grants to eligible
districts shall not exceed $8,000.00 per bus converted, with a
maximum grant per district not to exceed $30,000.00. Districts
seeking grants under this section shall apply to the department not
later than November 1, 2014. The department shall rank order all
districts that apply for grants based on miles driven in the
previous school year, and shall award grants to districts with the
highest number of miles driven, until all funding is awarded.
Sec. 81. (1) Except as otherwise provided in this section,
from
the appropriation in section 11, there is allocated each
fiscal
year for 2012-2013 and for 2013-2014 for 2014-2015 to the
intermediate districts the sum necessary, but not to exceed
$64,115,100.00
each fiscal year, $67,115,000.00
to provide state
aid to intermediate districts under this section.
(2) From the allocation in subsection (1), there is allocated
for
2014-2015 an amount not to exceed $62,108,000.00
$65,108,000.00
for
allocations to each intermediate district for 2012-2013 in an
amount
equal to 100% of the amount allocated to the intermediate
district
under this subsection for 2011-2012. From the allocation
in
subsection (1), there is allocated an amount not to exceed
$62,108,000.00
for allocations to each intermediate district for
2013-2014
in an amount equal to 100.0% 104.8% of
the amount
allocated to the intermediate district under this subsection for
2012-2013.
2013-2014. Funding provided under this section shall be
used to comply with requirements of this article and the revised
school code that are applicable to intermediate districts, and for
which funding is not provided elsewhere in this article, and to
provide technical assistance to districts as authorized by the
intermediate school board.
(3) Intermediate districts receiving funds under subsection
(2) 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 curriculum.
(4) 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. From the allocation in subsection (1), there is
allocated $7,000.00 for purposes of this subsection for 2012-2013,
for 2013-2014, and for 2014-2015, after which the payment under
this subsection will cease.
(5) In order to receive funding under subsection (2), an
intermediate district shall do all of the following:
(a) Demonstrate to the satisfaction of the department that the
intermediate district employs at least 1 person who is trained in
pupil accounting and auditing procedures, rules, and regulations.
(b) Demonstrate to the satisfaction of the department that the
intermediate district employs at least 1 person who is trained in
rules, regulations, and district reporting procedures for the
individual-level student data that serves as the basis for the
calculation of the district and high school graduation and dropout
rates.
(c) Comply with sections 1278a and 1278b of the revised school
code, MCL 380.1278a and 380.1278b.
(d) 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.
(e) Comply with section 1230g of the revised school code, MCL
380.1230g.
(f) Comply with section 761 of the revised school code, MCL
380.761.
(6)
From the allocation in subsection (1), there is allocated
an
amount not to exceed $2,000,000.00 for 2012-2013 for an
incentive
payment to each intermediate district that meets best
practices
as determined by the department under this subsection.
The
amount of the incentive payment is an amount equal to 3.2% of
the
amount allocated to the intermediate district under subsection
(2).
An intermediate district is eligible for an incentive payment
under
this subsection if the intermediate district satisfies at
least
4 of the following requirements not later than June 1, 2013:
(a)
The intermediate district enters into an agreement with
the
department to do all of the following:
(i) Develop a service consolidation plan in 2012-2013
to
reduce
operating costs that is in compliance with guidelines that
were
developed by the department for former section 11d as that
section
was in effect for 2010-2011.
(ii) Implement the service consolidation plan in
2013-2014 and
report
to the department not later than February 1, 2014 on the
intermediate
district's progress in implementing the service
consolidation
plan.
(b)
The intermediate district has obtained competitive bids on
the
provision of 1 or more noninstructional services for the
intermediate
district or its constituent districts with a value of
at
least $50,000.00.
(c)
The intermediate district develops a technology plan in
accordance
with department policy on behalf of all constituent
districts
within the intermediate district that integrates
technology
into the classroom and prepares teachers to use digital
technologies
as part of the instructional program of each of its
constituent
districts.
(d)
The intermediate district provides to parents and
community
members a dashboard or report card demonstrating the
intermediate
district's efforts to manage its finances responsibly.
The
dashboard or report card shall include at least all of the
following
for the 3 most recent school years for which the data are
available:
(i) A list of services offered by the intermediate
district
that
are shared by other local or intermediate districts and a list
of
the districts or intermediate districts that participate.
(ii) The total cost savings to local or other
intermediate
districts
that share services with the intermediate district.
(iii) The number and percentage of teachers in the
intermediate
district service area that are trained to integrate
technology
into the classroom.
(iv) The total funds received from levying special
education
and
vocational education millages, and the number of special
education
and vocational education pupils served with those
dollars.
(v) The number and percentage of individualized
education
programs
developed for special education pupils that contain
academic
goals.
(e)
The intermediate district works in a consortium with 1 or
more
other intermediate districts to develop information management
system
requirements and bid specifications that can be used as
statewide
models. At a minimum, these specifications shall include
pupil
management systems for both general and special education,
learning
management tools, and business services.
(6) (7)
From the allocation in subsection
(1), there is
allocated
an amount not to exceed $2,000,000.00 for 2013-2014 2014-
2015 for an incentive payment to each intermediate district that
meets best practices as determined by the department under this
subsection. The amount of the incentive payment is an amount equal
to
3.2% 3.1% of the amount allocated to the intermediate district
under subsection (2). An intermediate district is eligible for an
incentive payment under this subsection if the intermediate
district satisfies at least 5 of the following requirements not
later
than June 1, 2014:2015:
(a) The intermediate district enters into an agreement with
the department to comply with all of the following:
(i) If the intermediate district developed a service
consolidation
plan in 2012-2013, 2013-2014,
implement the service
consolidation
plan in 2013-2014 2014-2015
and report to the
department
not later than February 1, 2014 2015
on the intermediate
district's progress in implementing the service consolidation plan.
(ii) If the intermediate district did not develop a service
consolidation plan in 2012-2013 or 2013-2014, develop a service
consolidation
plan in 2013-2014 2014-2015
to reduce operating costs
that is in compliance with guidelines that were developed by the
department for former section 11d as that section was in effect for
2010-2011.
(iii) If the intermediate district developed a service
consolidation
plan in 2013-2014, implement the service
consolidation
plan in 2014-2015 and report to the department not
later
than February 1, 2015 on the intermediate district's progress
in
implementing the service consolidation plan.
(iii) (iv) Make
the intermediate district's service
consolidation plan publicly available on the intermediate
district's website.
(b) The intermediate district has obtained competitive bids on
the provision of 1 or more noninstructional services for the
intermediate district or its constituent districts with a value of
at least $50,000.00. The unfunded accrued liability costs for
retirement and other benefits shall be excluded from the
intermediate district's current costs for the purpose of comparing
competitive bids to the current costs of providing services.
(c) The intermediate district develops a technology plan in
accordance with department policy on behalf of all constituent
districts within the intermediate district that integrates
technology into the classroom and prepares teachers to use digital
technologies as part of the instructional program of each of its
constituent districts. An intermediate district that developed a
technology
plan in 2012-2013 or 2013-2014 shall begin implementing
continue
to implement that technology plan in 2013-2014.2014-2015.
(d) The intermediate district provides to parents and
community members a dashboard or report card demonstrating the
intermediate district's efforts to manage its finances responsibly.
The dashboard or report card shall include revenue and expenditure
projections
for the intermediate district for 2013-2014 and 2014-
2015 and 2015-2016, a listing of all debt service obligations,
detailed
by project, including anticipated 2013-2014 2014-2015
payment for each project, a listing of total outstanding debt, and
at least all of the following for the 3 most recent school years
for which the data are available:
(i) A list of services offered by the intermediate district
that are shared by other local or intermediate districts and a list
of the districts or intermediate districts that participate.
(ii) The total cost savings to local or other intermediate
districts that share services with the intermediate district.
(iii) The number and percentage of teachers in the
intermediate district service area that are trained to integrate
technology into the classroom.
(iv) The total funds received from levying special education
and vocational education millages, and the number of special
education and vocational education pupils served with those
dollars.
(v) The number and percentage of individualized education
programs developed for special education pupils that contain
academic goals.
(e) The intermediate district works in a consortium with 1 or
more other intermediate districts and the center to develop local
information management system requirements and bid specifications
that result in a recommended model information system that supports
interoperability to ensure linkage and connectivity in a manner
that facilitates the efficient exchange of data among districts,
intermediate districts, and the center. At a minimum, these
specifications shall include pupil management systems for both
general and special education, learning management tools, and
business services.
(f) If an intermediate district provides medical, pharmacy,
dental, vision, disability, long-term care, or any other type of
benefit that would constitute a health care services benefit, to
employees and their dependents, the intermediate district is the
policyholder for each of its insurance policies that covers 1 or
more of these benefits. An intermediate district that does not
directly employ its staff or an intermediate district with a
voluntary employee beneficiary association that pays no more than
the maximum per employee contribution amount and that contributes
no more than the maximum employer contribution percentage of total
annual costs for the medical benefit plans as described in sections
3 and 4 of the publicly funded health insurance contribution act,
2011 PA 152, MCL 15.563 and 15.564, is considered to have satisfied
this requirement.
Sec. 94. (1) From the general fund appropriation in section
11,
there is allocated to the department for 2013-2014 2014-2015 an
amount not to exceed $250,000.00 for efforts to increase the number
of pupils who participate and succeed in advanced placement and
international baccalaureate programs.
(2) From the funds allocated under this section, the
department shall award funds to cover all or part of the costs of
advanced placement test fees or international baccalaureate test
fees for low-income pupils who take an advanced placement or an
international baccalaureate test. Payments shall not exceed $20.00
per test completed.
(3) The department shall only award funds under this section
if the department determines that all of the following criteria are
met:
(a) Each pupil for whom payment is made meets eligibility
requirements of the federal advanced placement test fee program
under section 1701 of the no child left behind act of 2001, Public
Law 107-110.
(b) The tests are administered by the college board, the
international baccalaureate organization, or another test provider
approved by the department.
(c) The pupil for whom payment is made pays at least $5.00
toward the cost of each test for which payment is made.
(4) The department shall establish procedures for awarding
funds under this section.
(5) Notwithstanding section 17b, payments under this section
shall be made on a schedule determined by the department.
Sec. 94a. (1) There is created within the state budget office
in the department of technology, 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 districts, intermediate districts, and
postsecondary institutions.
(b) Create, maintain, and enhance this state's P-20
longitudinal data system and ensure that it meets the requirements
of subsection (4).
(c) Collect data in the most efficient manner possible in
order to reduce the administrative burden on reporting entities,
including, but not limited to, electronic transcript services.
(d) Create, maintain, and enhance this state's web-based
educational portal to provide information to school leaders,
teachers, researchers, and the public in compliance with all
federal and state privacy laws. Data shall include, but are not
limited to, all of the following:
(i) Data sets that link teachers to student information,
allowing districts to assess individual teacher impact on student
performance and consider student growth factors in teacher and
principal evaluation systems.
(ii) Data access or, if practical, data sets, provided for
regional data warehouses that, in combination with local data, can
improve teaching and learning in the classroom.
(iii) Research-ready data sets for researchers to perform
research that advances this state's educational performance.
(e) Provide data in a useful manner to allow state and local
policymakers to make informed policy decisions.
(f) Provide public 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) Other functions as assigned by the state budget director.
(2) Each state department, officer, or agency that collects
information from districts, intermediate districts, or
postsecondary institutions as required under state or federal law
shall make arrangements with the center to ensure that the state
department, officer, or agency is in compliance with subsection
(1). 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; the school bond
qualification, approval, and loan act, 2005 PA 92, MCL 388.1921 to
388.1939; or section 1351a of the revised school code, MCL
380.1351a.
(3) The center may enter into any interlocal agreements
necessary to fulfill its functions.
(4) The center shall ensure that the P-20 longitudinal data
system required under subsection (1)(b) meets all of the following:
(a) Includes data at the individual student level from
preschool through postsecondary education and into the workforce.
(b) Supports interoperability by using standard data
structures, data formats, and data definitions to ensure linkage
and connectivity in a manner that facilitates the exchange of data
among agencies and institutions within the state and between
states.
(c) Enables the matching of individual teacher and student
records so that an individual student may be matched with those
teachers providing instruction to that student.
(d) Enables the matching of individual teachers with
information about their certification and the institutions that
prepared and recommended those teachers for state certification.
(e) Enables data to be easily generated for continuous
improvement and decision-making, including timely reporting to
parents, teachers, and school leaders on student achievement.
(f) Ensures the reasonable quality, validity, and reliability
of data contained in the system.
(g) Provides this state with the ability to meet federal and
state reporting requirements.
(h) For data elements related to preschool through grade 12
and postsecondary, meets all of the following:
(i) Contains a unique statewide student identifier that does
not permit a student to be individually identified by users of the
system, except as allowed by federal and state law.
(ii) Contains student-level enrollment, demographic, and
program participation information.
(iii) Contains student-level information about the points at
which students exit, transfer in, transfer out, drop out, or
complete education programs.
(iv) Has the capacity to communicate with higher education
data systems.
(i) For data elements related to preschool through grade 12
only, meets all of the following:
(i) Contains yearly test records of individual students for
assessments approved by DED-OESE for accountability purposes under
section 1111(b) of the elementary and secondary education act of
1965, 20 USC 6311, including information on individual students not
tested, by grade and subject.
(ii) Contains student-level transcript information, including
information on courses completed and grades earned.
(iii) Contains student-level college readiness test scores.
(j) For data elements related to postsecondary education only:
(i) Contains data that provide information regarding the
extent to which individual students transition successfully from
secondary school to postsecondary education, including, but not
limited to, all of the following:
(A) Enrollment in remedial coursework.
(B) Completion of 1 year's worth of college credit applicable
to a degree within 2 years of enrollment.
(ii) Contains data that provide other information determined
necessary to address alignment and adequate preparation for success
in postsecondary education.
(5) From the general fund appropriation in section 11, there
is
allocated an amount not to exceed $9,535,100.00 for 2013-2014
$12,022,800.00 for 2014-2015 to the department of technology,
management, and budget to support the operations of the center. In
addition, from the federal funds appropriated in section 11 there
is
allocated for 2013-2014 2014-2015
the amount necessary,
estimated at $193,500.00, to support the operations of the center
and to establish a P-20 longitudinal data system as provided under
this section in compliance with the assurance provided to the
United States department of education in order to receive state
fiscal stabilization funds. The center shall cooperate with the
department 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.
(6) From the funds allocated in subsection (5), there is
allocated
for 2013-2014 2014-2015 an amount not to exceed
$850,000.00 for competitive grants to support collaborative efforts
on the P-20 longitudinal data system. All of the following apply to
grants awarded under this subsection:
(a) The center shall award competitive grants to eligible
intermediate districts or a consortium of intermediate districts
based on criteria established by the center.
(b) Activities funded under the grant shall support the P-20
longitudinal data system portal and may include portal hosting,
hardware and software acquisition, maintenance, enhancements, user
support and related materials, and professional learning tools and
activities aimed at improving the utility of the P-20 longitudinal
data system.
(c) An applicant that received a grant under this subsection
for the immediately preceding fiscal year shall receive priority
for funding under this section. However, after 3 fiscal years of
continuous funding, an applicant is required to compete openly with
new applicants.
(7)
From the funds allocated in subsection (5), there is
allocated
for 2013-2014 an amount not to exceed $100,000.00 for the
center
to develop the pupil transfer application as required under
section
25e.
(7) (8)
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 and are appropriated
for the purposes for which the funds were originally allocated.
(9)
It is the intent of the legislature that, beginning in
2014-2015,
a district shall report to the center by June 30, in a
manner
prescribed by the center, the number of pupils in the
district
who have had 10 or more unexcused absences each school
year.
For pupils in grades 9 to 12, the report shall include both
the
total number of unexcused absences in any single course and the
total
number of unexcused absences in all courses. Each district
shall
define unexcused absence. It is the intent of the legislature
that
a district that reports false information under this
subsection
shall forfeit an amount equal to 5% of its total state
aid
allocation under this act.
(8) (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 (5) to cover the costs
associated with salaries, benefits, supplies, materials, and
equipment necessary to provide such data, analysis, and reporting
services.
(9) (11)
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. 95a. (1) The educator evaluation reserve fund is created
as a separate account within the state school aid fund.
(2) The state treasurer may receive money or other assets from
any source for deposit into the educator evaluation reserve fund.
The state treasurer shall direct the investment of the educator
evaluation reserve fund. The state treasurer shall credit to the
educator evaluation reserve fund interest and earnings from the
educator evaluation reserve fund.
(3) Money in the educator evaluation reserve fund at the close
of the fiscal year shall remain in the educator evaluation reserve
fund and shall not lapse to the state school aid fund or to the
general fund. The department of treasury shall be the administrator
of the educator evaluation reserve fund for auditing purposes.
(4) From the appropriations in section 11, there is allocated
to the educator evaluation reserve fund for 2014-2015 an amount not
to exceed $12,100,000.00 from the state school aid fund and an
amount not to exceed $2,700,000.00 from the general fund. Subject
to subsections (5) and (6), the department shall expend the money
in the educator evaluation reserve fund for implementing evaluation
systems for public school teachers and school administrators.
(5) Funds in the educator evaluation reserve fund shall not be
expended unless House Bill Nos. 5223 and 5224 of the 97th
Legislature are enacted into law.
(6) Funds in the educator evaluation reserve fund shall not be
expended unless the state budget office has approved the
department's spending plan.
Sec. 98. (1) From the general fund money appropriated in
section 11, there is allocated an amount not to exceed
$9,387,500.00
for 2013-2014 $7,387,500.00
for 2014-2015 for the
purposes described in this section.
(2) The Michigan virtual university shall operate the Michigan
virtual learning research institute. The Michigan virtual learning
research institute shall do all of the following:
(a) Support and accelerate innovation in education through the
following activities:
(i) Test, evaluate, and recommend as appropriate new
technology-based instructional tools and resources.
(ii) Research, design, and recommend digital education
delivery models for use by pupils and teachers that include age-
appropriate multimedia instructional content.
(iii) Research, design, and recommend competency-based
online
assessments.
(iii) (iv) Research,
develop, and recommend annually to the
department criteria by which cyber schools and online course
providers should be monitored and evaluated to ensure a quality
education for their pupils.
(iv) (v) Based
on pupil completion and performance data
reported to the department or the center for educational
performance and information from cyber schools and other online
course providers operating in this state, analyze the effectiveness
of online learning delivery models in preparing pupils to be
college- and career-ready and publish a report that highlights
enrollment totals, completion rates, and the overall impact on
pupils. The report shall be submitted to the house and senate
appropriations subcommittees on state school aid, the state budget
director, the house and senate fiscal agencies, and the department
not
later than December 1, 2014.2015.
(v) (vi) Before
August 31, 2014, 2015, provide an extensive
professional development program to at least 500 educational
personnel, including teachers, school administrators, and school
board members, that focuses on the effective integration of digital
learning into curricula and instruction. Not later than December 1,
2014,
2015, the Michigan virtual learning research institute
shall
submit a report to the house and senate appropriations
subcommittees on state school aid, the state budget director, the
house and senate fiscal agencies, and the department on the number
and percentage of teachers, school administrators, and school board
members who have received professional development services from
the Michigan virtual university. The report shall also identify
barriers and other opportunities to encourage the adoption of
digital learning in the public education system.
(vi) (vii) Identify
and share best practices for planning,
implementing, and evaluating online and blended education delivery
models with intermediate districts, districts, and public school
academies to accelerate the adoption of innovative education
delivery models statewide.
(b) Provide leadership for this state's system of digital
learning education by doing the following activities:
(i) Develop and report policy recommendations to the governor
and the legislature that accelerate the expansion of effective
online learning in this state's schools.
(ii) Provide a clearinghouse for research reports, academic
studies, evaluations, and other information related to online
learning.
(iii) Promote and distribute the most current instructional
design standards and guidelines for online teaching.
(iv) In collaboration with the department and interested
colleges
and universities in this state, recommend to the
superintendent
guidelines and standards for a new teacher
endorsement
credential support
implementation and improvements
related to effective digital learning instruction.
(v) Pursue public/private partnerships that include districts
to study and implement competency-based technology-rich online
learning models.
(vi) Convene focus groups and conduct annual surveys of
teachers, administrators, pupils, parents, and others to identify
barriers and opportunities related to online learning.
(vii) Produce an annual consumer awareness report for schools
and parents about effective online education providers and
education delivery models, performance data, cost structures, and
research trends.
(viii) Research and establish an internet-based platform that
educators can use to create student-centric learning tools and
resources and facilitate a user network that assists educators in
using the platform. As part of this initiative, the Michigan
virtual university shall work collaboratively with districts and
intermediate districts to establish a plan to make available online
resources that align to Michigan's K-12 curriculum standards for
use by students, educators, and parents.
(ix) Create and maintain a public statewide catalog of online
learning courses being offered by all public schools in this state.
The Michigan virtual learning research institute shall identify and
develop a list of nationally recognized best practices for online
learning
and use this list to provide support
reviews of online
course vendors, courses, and instructional practices. The Michigan
virtual learning research institute shall also provide a mechanism
for intermediate districts to use the identified best practices to
review content offered by constituent districts. The Michigan
virtual learning research institute shall review the online course
offerings of the Michigan virtual university, and make the results
from these reviews available to the public as part of the statewide
catalog. The Michigan virtual learning research institute shall
ensure that the statewide catalog is made available to the public
on
the Michigan virtual university website and linked shall allow
the ability to link it to each district's website as provided for
in section 21f. Beginning in 2014-2015, the statewide catalog shall
also contain all of the following:
(A)
The number of pupils enrolled enrollments
in each online
course
in the 2012-2013 immediately
preceding school year.
(B)
The number of pupils who successfully completed
enrollments that earned 60% or more of the total course points for
each
online course in the 2012-2013 immediately
preceding school
year.
(C) The completion rate for each online course.
(x) Collaborate with key stakeholders to examine the need and
process for incorporating registration, payment services, and
transcript functionality to the statewide catalog.
(xi) Collaborate with key stakeholders to examine district
level accountability and teacher effectiveness issues related to
online learning under section 21f and make findings and
recommendations publicly available.
(3) In order for the Michigan virtual university to receive
any funds allocated under this section, the Michigan virtual school
must maintain its accreditation status from recognized national and
international accrediting entities.
(4) If the course offerings are included in the statewide
catalog of online courses under subsection (2)(b)(ix), the Michigan
virtual school operated by the Michigan virtual university may
offer online course offerings, including, but 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 for teachers, school
administrators, other school employees, and school board members.
(5) If a home-schooled or nonpublic school student is a
resident of a district that subscribes to services provided by the
Michigan virtual school, the student may use the services provided
by the Michigan virtual school to the district without charge to
the student beyond what is charged to a district pupil using the
same services.
(6) Not later than December 1 of each fiscal year, the
Michigan virtual university shall provide a report to the house and
senate appropriations subcommittees on state school aid, the state
budget director, the house and senate fiscal agencies, and the
department that includes at least all of the following information
related to the Michigan virtual school for the preceding state
fiscal year:
(a) A list of the districts served by the Michigan virtual
school.
(b) A list of online course titles available to districts.
(c) The total number of online course enrollments and
information on registrations and completions by course.
(d) The overall course completion rate percentage.
(7) The governor may appoint an advisory group for the
Michigan virtual learning research institute established under
subsection (2). The members of the advisory group shall serve at
the pleasure of the governor and shall serve without compensation.
The purpose of the advisory group is to make recommendations to the
governor, the legislature, and the president and board of the
Michigan virtual university that will accelerate innovation in this
state's education system in a manner that will prepare elementary
and secondary students to be career and college ready and that will
promote the goal of increasing the percentage of citizens of this
state with high-quality degrees and credentials to at least 60% by
2025.
(8)
Not later than November 1, 2013, 2014, the Michigan
virtual university shall submit to the house and senate
appropriations subcommittees on state school aid, the state budget
director, and the house and senate fiscal agencies a detailed
budget
for the 2013-2014 2014-2015
fiscal year that includes a
breakdown on its projected costs to deliver online educational
services to districts and a summary of the anticipated fees to be
paid by districts for those services. Beginning in 2013-2014, not
later than February 1, the Michigan virtual university shall submit
to the house and senate appropriations subcommittees on state
school aid, the state budget director, and the house and senate
fiscal agencies a breakdown on its actual costs to deliver online
educational services to districts and a summary of the actual fees
paid by districts for those services based on audited financial
statements for the immediately preceding fiscal year.
(9) As used in this section:
(a) "Blended learning" means a hybrid instructional delivery
model where pupils are provided content, instruction, and
assessment, in part at a supervised educational facility away from
home where the pupil and a teacher with a valid Michigan teaching
certificate are in the same physical location and in part through
internet-connected learning environments with some degree of pupil
control over time, location, and pace of instruction.
(b) "Cyber school" means a full-time instructional program of
online courses for pupils that may or may not require attendance at
a physical school location.
(c) "Digital learning" means instruction delivered via a web-
based educational delivery system that uses various information
technologies to provide a structured learning environment,
including online and blended learning instructional methods.
(d) "Online course" means a course of study that is capable of
generating a credit or a grade, that is provided in an interactive
internet-connected learning environment, in which pupils are
separated from their teachers by time or location, or both, and in
which a teacher who holds a valid Michigan teaching certificate is
responsible for determining appropriate instructional methods for
each pupil, diagnosing learning needs, assessing pupil learning,
prescribing intervention strategies, reporting outcomes, and
evaluating the effects of instruction and support strategies.
Sec. 99. (1) From the funds appropriated in section 11, there
is
allocated for 2013-2014 2014-2015
an amount not to exceed
$2,850,000.00
$2,750,000.00 from the state school aid fund and an
amount
not to exceed $375,000.00 $475,000.00
from the general fund
to support the activities and programs of mathematics and science
centers and for other purposes as described in this section. In
addition, from the federal funds appropriated in section 11, there
is
allocated for 2013-2014 2014-2015
an amount estimated at
$5,249,300.00 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 comprehensive master plan for
mathematics and science centers developed by the department and
approved by the state board, an established mathematics and science
center shall provide 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 2007 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 the immediately preceding fiscal year shall receive state
funding in an amount equal to 100% of the amount it was allocated
under this subsection for the immediately preceding fiscal year. If
a center declines state funding or a center closes, the remaining
money available under this section shall be distributed to the
remaining centers, as determined by the department.
(6) From the funds allocated in subsection (1), there is
allocated
for 2013-2014 2014-2015 an amount not to exceed
$750,000.00 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 curriculum components for mathematics and science.
Funding under this subsection is in addition to funding allocated
under subsection (5).
(7)
From the state school aid general
fund money allocated in
subsection
(1), there is allocated for 2013-2014 2014-2015 an
amount
not to exceed $100,000.00 in a form and manner determined by
the
department to a single mathematics and science center that is a
participant
in to the Michigan STEM partnership, to be used to
administer the grant process under this subsection. From the
general fund money allocated in subsection (1), there is allocated
for
2013-2014 2014-2015 an amount not to exceed $375,000.00 to the
Michigan STEM partnership to be used for a competitive grant
process to award competitive grants to organizations conducting
student-focused, project-based programs and competitions, either in
the classroom or extracurricular, in science, technology,
engineering, and mathematics subjects such as, but not limited to,
robotics, coding, and design-build-test projects, from pre-
kindergarten through college level. Funding under this subsection
is in addition to funding allocated under subsection (5) and shall
be used for connecting mathematics and science centers for science,
technology, engineering, and mathematics purposes and to support
the goals of the Michigan STEM partnership. A program receiving
funds under section 99h may not receive funds under this
subsection.
(8) In order to receive state or federal 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.
(9)
Not later than September 30, 2013, 2018, the department
shall reevaluate and update the comprehensive master plan described
in subsection (1).
(10) The department shall give preference in awarding the
federal grants allocated in subsection (1) to eligible existing
mathematics and science centers.
(11) 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.
(12) Not later than July 1 of each year, a mathematics and
science center that receives funds under this section shall report
to the department in a form and manner prescribed by the department
on the following performance measures:
(a) Statistical change in pre- and post-assessment scores for
students who enrolled in mathematics and science activities
provided to districts by the mathematics and science center.
(b) Statistical change in pre- and post-assessment scores for
teachers who enrolled in professional development activities
provided by the mathematics and science center.
(13) 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. 99b. (1) From the funds appropriated in section 11, there
is allocated an amount not to exceed $330,000.00 for 2014-2015 for
grants to districts to support professional development for
teachers in a department-approved training program for science,
technology, engineering, and mathematics (STEM) instruction.
(2) Any district may apply for funding under this section for
2014-2015 by a date determined by the department. Beginning in
2014-2015, in awarding grants, the department shall give priority,
in a form and manner determined by the department, to applicant
districts with teachers who have not previously received training
in programs funded under this section.
(3) For a training program to be approved by the department
for the purposes of this section, the program shall meet all of the
following criteria:
(a) Utilizes an integrative STEM approach to content
organization and delivery. The integrative STEM approach shall
include content derived from science, technology, engineering, and
mathematics.
(b) Offers evidence that the program outcomes address
mathematics, science, and technological literacy standards in an
exploratory middle school or high school offering.
(c) Offers evidence that the program positively influences
student career choices along STEM career paths and increases
student engagement through peer-reviewed research.
(d) Presents evidence of the periodic improvement of the
curriculum.
(e) Utilizes outcome measures for teacher professional
development.
(f) Provides peer-reviewed evidence that the program is
effective with disadvantaged students and those with language
barriers.
(4) The department shall award grants to districts in an
amount determined by the department, but not to exceed $3,200.00
per participant.
(5) A district receiving funds under this section shall use
the funds only for department-approved training programs under this
section.
Sec. 99h. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $3,000,000.00 $2,000,000.00 for
2013-2014
2014-2015 for competitive grants to districts that
provide pupils in grades 7 to 12 with expanded opportunities 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.
(2) A district applying for a FIRST tech challenge or FIRST
robotics competition program grant shall submit an application in a
form and manner determined by the department. To be eligible for a
grant, a district shall demonstrate in its application that the
district has established a partnership for the purposes of the
FIRST program with at least 1 sponsor, business entity, higher
education institution, or technical school, shall submit a spending
plan, and shall pay at least 25% of the cost of the FIRST robotics
program.
(3) The department shall distribute the grant funding under
this section for the following purposes:
(a)
Except as otherwise provided in subparagraph (iii), an
amount
estimated at $1,000,000.00 for grants Grants to districts to
pay for stipends of $1,500.00 for 1 coach per team, distributed as
follows:
(i) Not more than 500 stipends for coaches of high school
teams, including existing teams.
(ii) Not more than 100 stipends for coaches of middle school
or junior high teams, including existing teams.
(iii) If the requests for stipends exceed the numbers of
stipends allowed under subparagraphs (i) and (ii), and if there is
funding remaining unspent under subdivisions (b) and (c), the
department shall use that remaining unspent funding for grants to
districts to pay for additional stipends in a manner that expands
the geographical distribution of teams.
(b)
An amount estimated at $1,000,000.00 for grants Grants to
districts for event registrations, materials, travel costs, and
other expenses associated with the preparation for and attendance
at FIRST tech challenge and FIRST robotics competitions. Each grant
recipient shall provide a local match from other private or local
funds for the funds received under this subdivision equal to at
least 50% of the costs of participating in an event. The department
shall set maximum grant amounts under this subdivision in a manner
that maximizes the number of teams that will be able to receive
funding.
(c)
An amount estimated at $1,000,000.00 for grants Grants to
districts for awards to teams that advance to the state and world
championship competitions. The department shall determine an equal
amount per team for those teams that advance to the state
championship and a second equal award amount to those teams that
advance to the world championship.
(4) The funds allocated under this section are a work project
appropriation,
and any unexpended funds for 2013-2014 2014-2015 are
carried
forward into 2014-2015. 2015-2016.
The purpose of the work
project is to continue to implement the projects described under
subsection (1). The estimated completion date of the work project
is
September 30, 2016.2017.
Sec. 101. (1) To be eligible to receive state aid under this
article, 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 shall
submit to the center and the intermediate superintendent, in the
form and manner prescribed by the center, 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 submit
to the center and the intermediate superintendent, in the form and
manner prescribed by the center, 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 sixth Wednesday after the pupil membership count day and
not later than the sixth Wednesday after the supplemental count
day, the district shall certify the data in a form and manner
prescribed by the center and file the certified data with the
intermediate superintendent. If a district fails to submit and
certify the attendance data, as required under this subsection, the
center shall notify the department and state aid due to be
distributed under this article 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 a district does not
comply with this subsection by the end of the fiscal year, the
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 article,
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 submit the audited data as
required under this subsection, state aid due to be distributed
under this article 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) Except as otherwise provided in subsections (11) and (12),
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 and, beginning in 2010-
2011, the required minimum number of days of pupil instruction.
Beginning
in 2012-2013, the required minimum number of days of
pupil
instruction is 170. Beginning in 2014-2015,
the required
minimum number of days of pupil instruction is 175. However, all of
the following apply to these requirements:
(i) Except as otherwise provided in subparagraph (ii), a
district
shall not provide fewer days of pupil instruction than the
district
provided for 2009-2010.
(ii) For 2013-2014 only, if a district is scheduled to
provide
more
than 174 days of instruction, the district shall provide at
least
174 days of instruction and 1,098 hours of pupil instruction.
(iii) If a collective bargaining agreement that provides
for
at
least 170 days but less than 175 days, and at least 1,098 hours,
of
pupil instruction is in effect for employees of a district as of
June
13, 2013, then until the school year that begins after the
expiration
of that collective bargaining agreement the district
shall
provide at least the number of days of pupil instruction
identified
in the collective bargaining agreement, and at least
1,098
hours of pupil instruction.
(i) If a collective bargaining agreement that provides a
complete school calendar was in effect for employees of a district
as of July 1, 2013, and if that school calendar is not in
compliance with this subsection, then this subsection does not
apply to that district until after the expiration of that
collective bargaining agreement. If a district entered into a
collective bargaining agreement on or after July 1, 2013 and if
that collective bargaining agreement did not provide for at least
175 days of pupil instruction beginning in 2014-2015, then the
department shall withhold from the district's total state school
aid an amount equal to 5% of the funding the district receives in
2014-2015 under sections 22a and 22b.
(ii) (iv) A
district may apply for a waiver under subsection
(9) from the requirements of this subdivision.
(b) Beginning in 2016-2017, the required minimum number of
days of pupil instruction is 180. If a collective bargaining
agreement that provides a complete school calendar was in effect
for employees of a district as of the effective date of the
amendatory act that added this subdivision, and if that school
calendar is not in compliance with this subdivision, then this
subdivision does not apply to that district until after the
expiration of that collective bargaining agreement. A district may
apply for a waiver under subsection (9) from the requirements of
this subdivision.
(c) (b)
Except as otherwise provided in
this article, a
district failing to comply with the required minimum hours and days
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 or days the district was in noncompliance in
relation to the required minimum number of hours and days under
this subsection. Not later than August 1, the board of each
district shall certify to the department the number of hours and
days of pupil instruction in the previous school year. If the
district did not provide at least the required minimum number of
hours and days 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).
(d) (c)
Hours or days lost because of
strikes or teachers'
conferences shall not be counted as hours or days of pupil
instruction.
(e) (d)
If a collective bargaining
agreement that provides a
complete school calendar is in effect for employees of a district
as of October 19, 2009, and if that school calendar is not in
compliance with this subsection, then this subsection does not
apply to that district until after the expiration of that
collective bargaining agreement.
(f) (e)
Except as otherwise provided in
subdivisions (f) (g)
and
(g), (h), 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.
(g) (f)
If a district adds 1 or more days
of pupil instruction
to the end of its instructional calendar for a school year to
comply with subdivision (a) because the district otherwise would
fail to provide the required minimum number of days of pupil
instruction even after the operation of subsection (4) due to
conditions not within the control of school authorities, then
subdivision
(e) (f) does not apply for any day of pupil instruction
that is added to the end of the instructional calendar. Instead,
for any of those days, if the district does not have at least 60%
of the district's membership in attendance on that day, the
district shall receive state aid in that proportion of 1/180 that
the actual percentage of attendance bears to the specified
percentage. For any day of pupil instruction added to the
instructional calendar as described in this subdivision, the
district shall report to the department the percentage of the
district's membership that is in attendance, in the form and manner
prescribed by the department.
(h) (g)
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 may grant a waiver from the requirements of
subdivision
(e). (f). The waiver shall indicate that an eligible
district
is subject to the proration provisions of subdivision (e)
(f) only if the district does not have at least 50% of the
district's membership in attendance on any day of pupil
instruction. In order to be eligible for this waiver, a district
must maintain records to substantiate its compliance with the
following requirements:
(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.
(i) (h)
All of the following apply to a
waiver granted under
subdivision
(g):(h):
(i) If the waiver is for a blended model of delivery, a waiver
that is granted for the 2011-2012 fiscal year or a subsequent
fiscal year remains in effect unless it is revoked by the
superintendent.
(ii) If the waiver is for a 100% online model of delivery and
the educational program for which the waiver is granted makes
educational services available to pupils for a minimum of at least
1,098 hours during a school year and ensures that each pupil
participates in the educational program for at least 1,098 hours
during a school year, a waiver that is granted for the 2011-2012
fiscal year or a subsequent fiscal year remains in effect unless it
is revoked by the superintendent.
(iii) A waiver that is not a waiver described in subparagraph
(i) or (ii) is valid for 1 fiscal year and must be renewed annually
to remain in effect.
(j) (i)
The superintendent shall promulgate
rules for the
implementation of this subsection.
(4) Except as otherwise provided in this subsection, the first
6 days or the equivalent number of 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 and days of pupil
instruction. With the approval of the superintendent of public
instruction, the department shall count as hours and days of pupil
instruction for a fiscal year not more than 6 additional days or
the equivalent number of 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 or days shall not be counted as hours or days
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) 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 have 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 article that is equal to the proportion
below the required minimum number of hours and days 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 and days of pupil instruction
under subsection (3) in a school year, including hours and days
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 and days of pupil instruction under subsection (3) in a
school year, including hours and days counted under subsection (4).
(7) In providing the minimum number of hours and days 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) Except as otherwise provided in subsections (11) and (12),
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 and days of pupil instruction requirement of
subsection (3) for a department-approved alternative education
program or another innovative program approved by the department,
including a 4-day school week. If a district applies for and
receives a waiver under this subsection and complies with the terms
of 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 and days of pupil instruction actually provided
to the minimum number of hours and days of pupil instruction
required under subsection (3). Pupils enrolled in a department-
approved alternative education program under this subsection shall
be reported to the center in a form and manner determined by the
center. All of the following apply to a waiver granted under this
subsection:
(a) If the waiver is for a blended model of delivery, a waiver
that is granted for the 2011-2012 fiscal year or a subsequent
fiscal year remains in effect unless it is revoked by the
superintendent.
(b) If the waiver is for a 100% online model of delivery and
the educational program for which the waiver is granted makes
educational services available to pupils for a minimum of at least
1,098 hours during a school year and ensures that each pupil
participates in the educational program for at least 1,098 hours
during a school year, a waiver that is granted for the 2011-2012
fiscal year or a subsequent fiscal year remains in effect unless it
is revoked by the superintendent.
(c) A waiver that is not a waiver described in subdivision (a)
or (b) is valid for 1 fiscal year and must be renewed annually to
remain in effect.
(10) Until 2014-2015, a district may count up to 38 hours of
qualifying professional development for teachers as hours of pupil
instruction. However, if a collective bargaining agreement that
provides for the counting of up to 38 hours of qualifying
professional development for teachers as pupil instruction is in
effect
for employees of a district as of June 13, July 1, 2013,
then until the school year that begins after the expiration of that
collective bargaining agreement a district may count up to the
contractually specified number of hours of qualifying professional
development for teachers as hours of pupil instruction.
Professional development provided online is allowable and
encouraged, as long as the instruction has been approved by the
district. The department shall issue a list of approved online
professional development providers, which shall include the
Michigan virtual school. 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) Integrating technology into classroom instruction.
(e) Maintaining teacher certification.
(11) Subsections (3) and (8) do not apply to a school of
excellence that is a cyber school, as defined in section 551 of the
revised school code, MCL 380.551, and is in compliance with section
553a of the revised school code, MCL 380.553a.
(12) Subsections (3) and (8) do not apply to eligible pupils
enrolled in a dropout recovery program that meets the requirements
of section 23a. As used in this subsection, "eligible pupil" means
that term as defined in section 23a.
(13) Beginning in 2013, at least every 2 years the
superintendent shall review the waiver standards set forth in the
pupil accounting and auditing manuals to ensure that the waiver
standards and waiver process continue to be appropriate and
responsive to changing trends in online learning. The
superintendent shall solicit and consider input from stakeholders
as part of this review.
Sec. 104. (1) In order to receive state aid under this
article, a district shall comply with sections 1249, 1278a, 1278b,
1279, 1279g, and 1280b of the revised school code, MCL 380.1249,
380.1278a, 380.1278b, 380.1279, 380.1279g, and 380.1280b, and 1970
PA 38, MCL 388.1081 to 388.1086. Subject to subsection (2), from
the state school aid fund money appropriated in section 11, there
is
allocated for 2013-2014 2014-2015
an amount not to exceed
$26,694,400.00
$41,394,400.00 for payments on behalf of districts
for costs associated with complying with those provisions of law.
In addition, from the federal funds appropriated in section 11,
there
is allocated for 2013-2014 2014-2015
an amount estimated at
$8,250,000.00,
$6,250,000.00, funded from DED-OESE, title VI, state
assessment funds, and from DED-OSERS, section 504 of part B of the
individuals with disabilities education act, Public Law 94-142,
plus any carryover federal funds from previous year appropriations,
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 pupil
scores and the percentage of pupils 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.
(4) Notwithstanding section 17b, payments on behalf of
districts, intermediate districts, and other eligible entities
under this section shall be paid on a schedule determined by the
department.
(5) From the allocation in subsection (1), there is allocated
an amount not to exceed $8,500,000.00 for the following purposes:
(a) Converting existing student assessments to online
assessments.
(b) Providing paper and pencil test versions to districts not
prepared to implement online assessments.
(c) Expanding writing assessments to additional grade levels.
(d) Providing an increased number of constructed response test
questions so that pupils can demonstrate higher-order skills such
as problem solving and communicating reasoning.
(6) From the allocation in subsection (1), there is allocated
an amount not to exceed $3,200,000.00 for the development or
selection of an online reporting tool to provide student-level
assessment data in a secure environment to educators, parents, and
pupils immediately after assessments are scored. The department and
the center shall ensure that any data collected by the online
reporting tool do not provide individually identifiable student
data to the federal government.
(7) From the allocation in subsection (1), there is allocated
an amount not to exceed $3,000,000.00 for the purpose of
implementing a summative assessment system pursuant to section
104c.
(8) (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-OSERS" means the DED office of special education and
rehabilitative services.
Sec.
104b. (1) In order to receive state aid under this act,
article, a district shall comply with this section and shall
administer the Michigan merit examination to pupils in grade 11,
and to pupils in grade 12 who did not take the complete Michigan
merit examination in grade 11, as provided in this section.
(2) For the purposes of this section, the department of
technology, management, and budget shall contract with 1 or more
providers to develop, supply, and score the Michigan merit
examination. The Michigan merit examination shall consist of all of
the following:
(a) Assessment instruments that measure English language arts,
mathematics, reading, and science and are used by colleges and
universities in this state for entrance or placement purposes. This
shall
include a writing component in which the pupil produces an
extended
writing sample. The Michigan merit examination shall not
require
any other extended writing sample.1
or more writing
components.
(b) One or more tests from 1 or more test developers that
assess a pupil's ability to apply at least reading and mathematics
skills in a manner that is intended to allow employers to use the
results in making employment decisions. The department of
technology, management, and budget and the superintendent shall
ensure that any test or tests selected under this subdivision have
all the components necessary to allow a pupil to be eligible to
receive the results of a nationally recognized evaluation of
workforce readiness if the pupil's test performance is adequate.
(c) A social studies component.
(d) Any other component that is necessary to obtain the
approval of the United States department of education to use the
Michigan merit examination for the purposes of the no child left
behind act of 2001, Public Law 107-110.
(3) In addition to all other requirements of this section, all
of the following apply to the Michigan merit examination:
(a) The department of technology, management, and budget and
the superintendent shall ensure that any contractor used for
scoring the Michigan merit examination supplies an individual
report for each pupil that will identify for the pupil's parents
and teachers whether the pupil met expectations or failed to meet
expectations for each standard, to allow the pupil's parents and
teachers to assess and remedy problems before the pupil moves to
the next grade.
(b) The department of technology, management, and budget and
the superintendent shall ensure that any contractor used for
scoring, developing, or processing the Michigan merit examination
meets quality management standards commonly used in the assessment
industry, including at least meeting level 2 of the capability
maturity model developed by the software engineering institute of
Carnegie Mellon university for the first year the Michigan merit
examination is offered to all grade 11 pupils and at least meeting
level 3 of the capability maturity model for subsequent years.
(c) The department of technology, management, and budget and
the superintendent shall ensure that any contract for scoring,
administering, or developing the Michigan merit examination
includes specific deadlines for all steps of the assessment
process, including, but not limited to, deadlines for the correct
testing materials to be supplied to schools and for the correct
results to be returned to schools, and includes penalties for
noncompliance with these deadlines.
(d) The superintendent shall ensure that the Michigan merit
examination meets all of the following:
(i) Is designed to test pupils on grade level content
expectations or course content expectations, as appropriate, in all
subjects tested.
(ii) Complies with requirements of the no child left behind
act of 2001, Public Law 107-110.
(iii) Is consistent with the code of fair testing practices in
education prepared by the joint committee on testing practices of
the American psychological association.
(iv) Is factually accurate. If the superintendent determines
that a question is not factually accurate and should be excluded
from scoring, the state board and the superintendent shall ensure
that the question is excluded from scoring.
(4) A district shall include on each pupil's high school
transcript all of the following:
(a) For each high school graduate who has completed the
Michigan merit examination under this section, the pupil's scaled
score on each subject area component of the Michigan merit
examination.
(b) The number of school days the pupil was in attendance at
school each school year during high school and the total number of
school days in session for each of those school years.
(5) The superintendent shall work with the provider or
providers of the Michigan merit examination to produce Michigan
merit examination subject area scores for each pupil participating
in the Michigan merit examination, including scaling and merging of
test items for the different subject area components. The
superintendent shall design and distribute to districts,
intermediate districts, and nonpublic schools a simple and concise
document that describes the scoring for each subject area and
indicates the scaled score ranges for each subject area.
(6)
The Michigan merit examination shall be administered each
year
after March 1 and before June 1 to pupils in grade 11. in each
district during the last 12 weeks of the district's school year.
The superintendent shall ensure that the Michigan merit examination
is scored and the scores are returned to pupils, their parents or
legal guardians, and districts not later than the beginning of the
pupil's first semester of grade 12. The returned scores shall
indicate at least the pupil's scaled score for each subject area
component and the range of scaled scores for each subject area. In
reporting the scores to pupils, parents, and schools, the
superintendent shall provide standards-specific, meaningful, and
timely feedback on the pupil's performance on the Michigan merit
examination.
(7) A district shall administer the complete Michigan merit
examination to a pupil only once and shall not administer the
complete Michigan merit examination to the same pupil more than
once. If a pupil does not take the complete Michigan merit
examination in grade 11, the district shall administer the complete
Michigan merit examination to the pupil in grade 12. If a pupil
chooses to retake the college entrance examination component of the
Michigan merit examination, as described in subsection (2)(a), the
pupil may do so through the provider of the college entrance
examination component and the cost of the retake is the
responsibility of the pupil unless all of the following are met:
(a) The pupil has taken the complete Michigan merit
examination.
(b) The pupil did not qualify for a Michigan promise grant
under section 6 of the Michigan promise grant act, 2006 PA 479, MCL
390.1626, based on the pupil's performance on the complete Michigan
merit examination.
(c) The pupil meets the income eligibility criteria for free
breakfast, lunch, or milk, as determined under the Richard B.
Russell national school lunch act, 42 USC 1751 to 1769i.
(d) The pupil has applied to the provider of the college
entrance examination component for a scholarship or fee waiver to
cover the cost of the retake and that application has been denied.
(e) After taking the complete Michigan merit examination, the
pupil has not already received a free retake of the college
entrance examination component paid for either by this state or
through a scholarship or fee waiver by the provider.
(8) The superintendent shall ensure that the length of the
Michigan merit examination and the combined total time necessary to
administer all of the components of the Michigan merit examination
are the shortest possible that will still maintain the degree of
reliability and validity of the Michigan merit examination results
determined necessary by the superintendent. The superintendent
shall ensure that the maximum total combined length of time that
schools are required to set aside for pupils to answer all test
questions on the Michigan merit examination does not exceed 8 hours
if the superintendent determines that sufficient alignment to
applicable Michigan merit curriculum content standards can be
achieved within that time limit.
(9) A district shall provide accommodations to a pupil with
disabilities for the Michigan merit examination, as provided under
section 504 of title V of the rehabilitation act of 1973, 29 USC
794; subtitle A of title II of the Americans with disabilities act
of 1990, 42 USC 12131 to 12134; the individuals with disabilities
education act amendments of 1997, Public Law 105-17; and the
implementing regulations for those statutes. The provider or
providers of the Michigan merit examination and the superintendent
shall mutually agree upon the accommodations to be provided under
this subsection.
(10) To the greatest extent possible, the Michigan merit
examination shall be based on grade level content expectations or
course content expectations, as appropriate. Not later than July 1,
2008, the department shall identify specific grade level content
expectations to be taught before and after the middle of grade 11,
so that teachers will know what content will be covered within the
Michigan merit examination.
(11) A child who is a student in a nonpublic school or home
school may take the Michigan merit examination under this section.
To take the Michigan merit examination, a child who is a student in
a home school shall contact the district in which the child
resides, and that district shall administer the Michigan merit
examination, or the child may take the Michigan merit examination
at a nonpublic school if allowed by the nonpublic school. Upon
request from a nonpublic school, the superintendent shall direct
the provider or providers to supply the Michigan merit examination
to the nonpublic school and the nonpublic school may administer the
Michigan merit examination. If a district administers the Michigan
merit examination under this subsection to a child who is not
enrolled in the district, the scores for that child are not
considered for any purpose to be scores of a pupil of the district.
(12) In contracting under subsection (2), the department of
management and budget shall consider a contractor that provides
electronically-scored essays with the ability to score constructed
response feedback in multiple languages and provide ongoing
instruction and feedback.
(13) The purpose of the Michigan merit examination is to
assess pupil performance in mathematics, science, social studies,
and English language arts for the purpose of improving academic
achievement and establishing a statewide standard of competency.
The assessment under this section provides a common measure of data
that will contribute to the improvement of Michigan schools'
curriculum and instruction by encouraging alignment with Michigan's
curriculum framework standards and promotes pupil participation in
higher level mathematics, science, social studies, and English
language arts courses. These standards are based upon the
expectations of what pupils should learn through high school and
are aligned with national standards.
(14) For a pupil enrolled in a middle college program, other
than a middle college operated as a shared educational entity or a
specialized shared educational entity, if the pupil receives at
least 50% of his or her instruction at the high school while in
grade 11, the Michigan merit examination shall be administered to
the pupil at the high school at which the pupil receives high
school instruction, and the department shall include the pupil's
scores on the Michigan merit examination in the scores for that
high school for all purposes for which a school's or district's
results are reported. The department shall allow the middle college
program to use a 5-year graduation rate for determining adequate
yearly progress. As used in this subsection, "middle college" means
a program consisting of a series of courses and other requirements
and conditions, including an early college or other program created
under a memorandum of understanding, that allows a pupil to
graduate from high school with both a high school diploma and a
certificate or degree from a community college or state public
university.
(15) As used in this section:
(a) "English language arts" means reading and writing.
(b) "Social studies" means United States history, world
history, world geography, economics, and American government.
Sec. 104c. (1) In order to receive state aid under this
article, a district shall administer the state assessments
described in this section.
(2) For the purposes of this section, the department shall
develop for use in the spring of 2014-2015 new Michigan education
assessment program (MEAP) assessments in English language arts and
mathematics. These assessments shall be aligned to state standards.
(3) For the purposes of this section, the department shall
implement beginning in the 2015-2016 school year a summative
assessment system that is proven to be valid and reliable for
administration to pupils as provided under this subsection. The
summative assessment system shall meet all of the following
requirements:
(a) The summative assessment system shall measure student
proficiency on the current state standards, shall measure student
growth for consecutive grade levels in which students are assessed
in the same subject area in both grade levels, and shall be capable
of measuring individual student performance.
(b) The summative assessments for English language arts and
mathematics shall be administered to all public school pupils in
grades 3 to 10, including those pupils as required by the federal
individuals with disabilities education act, Public Law 108-446,
and by title I of the federal elementary and secondary education
act.
(c) The summative assessments for science shall be
administered to all public school pupils in at least grades 4 and
7, including those pupils as required by the federal individuals
with disabilities education act, Public Law 108-446, and by title I
of the federal elementary and secondary education act.
(d) The summative assessments for social studies shall be
administered to all public school pupils in at least grades 5 and
8, including those pupils as required by the federal individuals
with disabilities education act, Public Law 108-446, and by title I
of the federal elementary and secondary education act.
(e) The content of the summative assessments shall be aligned
to state standards.
(f) The pool of questions for the summative assessments shall
be subject to a transparent review process for quality, bias, and
sensitive issues involving educator review and comment. The
department shall post samples from tests or retired tests featuring
questions from this pool for review by the public.
(g) The summative assessment system shall ensure that
students, parents, and teachers are provided with reports that
convey individual student proficiency and growth on the assessment
and that convey individual student domain-level performance in each
subject area, including representative questions, and individual
student performance in meeting state standards.
(h) The summative assessment system shall be capable of
providing, and the department shall ensure that students, parents,
teachers, administrators, and community members are provided with,
reports that convey aggregate student proficiency and growth data
by teacher, grade, school, and district.
(i) The summative assessment system shall ensure the
capability of reporting the available data to support educator
evaluations.
(j) The summative assessment system shall ensure that the
reports provided to districts containing individual student data
are available within 60 days after completion of the assessments.
(k) The assessments shall be capable of being implemented
statewide in a fully operational manner no later than the 2015-2016
school year.
(l) The summative assessment system shall ensure that access
to individually identifiable student data meets all of the
following:
(i) Is in compliance with 20 USC 1232g, commonly referred to
as the family educational rights and privacy act of 1974.
(ii) Except as may be provided for in an agreement with a
vendor to provide assessment services, as necessary to support
educator evaluations pursuant to subdivision (i), or for research
or program evaluation purposes, is available only to the student;
to the student's parent or legal guardian; and to a school
administrator or teacher, to the extent that he or she has a
legitimate educational interest.
(m) The summative assessment system shall ensure that the
assessments are pilot tested before statewide implementation.
(n) The summative assessment system shall ensure that
assessments are designed so that the maximum total combined length
of time that schools are required to set aside for a pupil to
answer all test questions on all assessments that are part of the
system for the pupil's grade level does not exceed that maximum
total combined length of time for the previous statewide assessment
system or 9 hours, whichever is less. This subdivision does not
limit the amount of time a district may allow a pupil to complete a
test.
(o) The total cost of executing the summative assessment
system statewide each year, including, but not limited to, the cost
of contracts for administration, scoring, and reporting, shall not
exceed an amount equal to 2 times the cost of executing the
previous statewide assessment after adjustment for inflation.
(4) To begin the process required under subsection (3), not
later than September 1, 2014, the department shall issue a request
for proposals for the summative assessment system described in that
subsection.
(5) This section does not prohibit districts from adopting
interim assessments.
(6) The department shall seek a waiver or amendment to an
existing waiver for federal approval of the assessment framework
under this section and shall notify the United States department of
education about the provisions of this section and take necessary
steps to assure the United States department of education that this
state is on track to develop and implement a summative assessment
system as required by federal law.
(7) As used in this section, "English language arts" means
that term as defined in section 104b.
Sec. 107. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $22,000,000.00 for 2013-2014
2014-2015 for adult education programs authorized under this
section. Funds allocated under this section are restricted for
adult education programs as authorized under this section only. A
recipient of funds under this section shall not use those funds for
any other purpose.
(2) To be eligible for funding under this section, a program
shall employ certificated teachers and qualified administrative
staff and shall offer continuing education opportunities for
teachers to allow them to maintain certification.
(3) 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 for which
instruction is provided, 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 Michigan career and technical
institute.
(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 or by a Michigan workforce agency.
(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.
(4)
Except as otherwise provided in subsection (5), the money
allocated
under this section shall be distributed as follows:
(a)
For districts and consortia that received payments for
2012-2013
under this section, the amount allocated to each for
2013-2014
shall be based on the number of participants served by
the
district or consortium for 2013-2014, using the amount
allocated
per full-time equated participant under subsection (7),
up
to a maximum total allocation under this subsection in an amount
equal
to the amount the district or consortium received for 2012-
2013
under this section before any reallocations made for 2012-2013
under
subsection (5).
(b)
A district or consortium that received funding in 2012-
2013
under this section may operate independently of a consortium
or
join or form a consortium for 2013-2014. The allocation for
2013-2014
to the district or the newly formed consortium under this
subsection
shall be determined by the department and shall be based
on
the proportion of the amounts that are attributable to the
district
or consortium that received funding in 2012-2013. A
district
or consortium described in this subdivision shall notify
the
department of its intention with regard to 2013-2014 by October
1,
2013.
(5)
A district that operated an adult education program in
2012-2013
and does not intend to operate a program in 2013-2014
shall
notify the department by October 1, 2013 of its intention.
The
money intended to be allocated under this section to a district
that
does not operate a program in 2013-2014 and the unspent money
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 (4) and any other unallocated
money
under this section shall instead be proportionately
reallocated
to the other districts described in subsection (4)(a)
that
are operating an adult education program in 2013-2014 under
this
section.
(4) From the funds allocated under subsection (1), an amount
as determined under this subsection shall be allocated to each
intermediate district serving as a fiscal agent for adult education
programs in each of the 10 prosperity regions identified by the
department. An intermediate district shall not use more than 5% of
the funds allocated under this subsection for administration costs
for serving as the fiscal agent. The department shall ensure that
the funds allocated under this subsection for 2014-2015 will
provide services in 2014-2015 to at least the same number of
individuals as the number of individuals who were enrolled in
programs funded under this section in 2013-2014. For 2014-2015, 67%
of the allocation provided to each intermediate district serving as
a fiscal agent shall be based on the proportion of total funding
formerly received by the adult education providers in that
prosperity region in 2013-2014, and 33% shall be allocated based on
the factors in subdivisions (a), (b), and (c). For 2015-2016, 33%
of the allocation provided to each intermediate district serving as
a fiscal agent shall be based upon the proportion of total funding
formerly received by the adult education providers in that
prosperity region in 2013-2014 and 67% of the allocation shall be
based upon the factors in subdivisions (a), (b), and (c). For 2016-
2017, 100% of the allocation provided to each intermediate district
serving as a fiscal agent shall be based on the factors in
subdivisions (a), (b), and (c). The funding factors for this
section are as follows:
(a) Sixty percent of this portion of the funding shall be
distributed based upon the proportion of the state population of
individuals between the ages of 18 and 24 that are not high school
graduates that resides in each of the prosperity regions, as
reported by the most recent 5-year estimates from the American
community survey (ACS) from the United States census bureau.
(b) Thirty-five percent of this portion of the funding shall
be distributed based upon the proportion of the state population of
individuals age 25 or older who are not high school graduates that
resides in each of the prosperity regions, as reported by the most
recent 5-year estimates from the American community survey (ACS)
from the United States census bureau.
(c) Five percent of this portion of the funding shall be
distributed based upon the proportion of the state population of
individuals age 18 or older who lack basic English language
proficiency that resides in each of the prosperity regions, as
reported by the most recent 5-year estimates from the American
community survey (ACS) from the United States census bureau.
(5) To be an eligible fiscal agent, an intermediate district
must agree to do the following in a form and manner determined by
the department:
(a) Distribute funds to adult education programs in a
prosperity region as described in this section.
(b) Collaborate with education advisory groups of the
workforce development boards located in the prosperity region to
develop a regional strategy that aligns adult education programs
and services into an efficient and effective delivery system for
adult education learners.
(c) Collaborate with education advisory groups of the
workforce development boards located in the prosperity region to
create a local process and criteria that will identify eligible
adult education providers to receive funds allocated under this
section based on location, demand for services, and cost to provide
instructional services. All local processes, criteria, and provider
determinations must be approved by the department before funds may
be distributed to the fiscal agent.
(d) Report adult education program and participant data and
information as prescribed by the department.
(6) The amount allocated under this section per full-time
equated
participant is shall not
exceed $2,850.00 for a 450-hour
program. The amount shall be proportionately reduced for a program
offering less than 450 hours of instruction.
(7) 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 a
department-approved assessment, in a form and manner prescribed by
the department, 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 upon completion of the
program in compliance with the state-approved assessment policy.
(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 (11) until the participant meets 1 of the following:
(i) The participant is assessed as having attained basic
English proficiency as determined by a department-approved
assessment.
(ii) The participant fails to show progress on 2 successive
department-approved assessments after having completed at least 450
hours of instruction. The department shall provide information to a
funding recipient regarding appropriate assessment instruments for
this program.
(8) 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 before enrolling an individual to determine the
individual's literacy levels, shall administer a G.E.D. practice
test to determine the individual's potential for success on the
G.E.D. test, and shall administer a post-test upon completion of
the program in compliance with the state-approved assessment
policy.
(c) A funding recipient shall receive funding according to
subsection (11) for a participant, and a participant may be
enrolled in the program until 1 of the following occurs:
(i) The participant passes obtains the
G.E.D. test.
(ii) The participant fails to show progress on 2 successive
department-approved assessments used to determine readiness to take
the G.E.D. test after having completed at least 450 hours of
instruction.
(9) 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) The program tests participants described in subdivision
(a) before enrollment and upon completion of the program in
compliance with the state-approved assessment policy.
(c) A funding recipient shall receive funding according to
subsection (11) 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.
(10) 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) The program tests participants described in subdivision
(a) before enrollment and upon completion of the program in
compliance with the department-approved assessment policy.
(c) An individual may be enrolled in this program and the
grant recipient shall receive funding according to subsection (11)
until 1 of the following occurs:
(i) The individual achieves the requisite skills as determined
by department-approved assessment instruments.
(ii) The individual fails to show progress on 2 successive
assessments after having completed at least 450 hours of
instruction.
(11) 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 participant
completion of the
adult
basic education objectives by achieving an increase of at
least
1 grade level of proficiency in reading or mathematics;
educational gain as determined by the national reporting system
levels;
for achieving basic English proficiency; ,
as defined by
the
department in the adult education guidebook; for obtaining a
G.E.D. or passage of 1 or more individual G.E.D. tests; for
attainment of a high school diploma or 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, for enrollment in a
postsecondary institution, or for entry into or retention of
employment, as applicable.
(12)
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) (13)
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 (7), (8), (9), or (10) 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) (14)
An individual who is an inmate in a
state
correctional facility shall not be counted as a participant under
this section.
(14) (15)
A district funding recipient 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 and shall establish a separate
ledger
account for those funds
received under this section. This
subsection does not prohibit a district from using general funds of
the district to support an adult education or community education
program.
(15) (16)
A district or intermediate
district funding
recipient 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 funding recipient 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 funding recipient 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.
(16) (17)
In order to receive funds under
this section, a
district
funding recipient shall furnish to the department, in a
form and manner determined by the department, all information
needed to administer this program and meet federal reporting
requirements; shall allow the department or the department's
designee to review all records related to the program for which it
receives funds; and shall reimburse the state for all disallowances
found in the review, as determined by the department.
(17) (18)
All intermediate district
participant audits of
adult education programs shall be performed pursuant to the adult
education participant auditing and accounting manuals published by
the department.
(19)
It is the intent of the legislature to study allocating
funds
under this section on a competitive basis beginning for 2014-
2015.
(18) (20)
As used in this section: ,
"department"
(a) "Department" means the Michigan strategic fund.
(b) "Eligible adult education provider" means a district,
intermediate district, a consortium of districts, a consortium of
intermediate districts, or a consortium of districts and
intermediate districts that is identified as part of the local
process described in subsection (5)(c) and approved by the
department.
(c) "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).
Sec.
147. (1) The allocation each fiscal year for 2013-2014
and
for 2014-2015 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
individual projected benefit entry age normal cost method of
valuation and risk assumptions adopted by the public school
employees retirement board and the department of technology,
management, and budget.
(2)
The annual level percentage of payroll contribution rates
for
the 2013-2014 fiscal year, as determined by the retirement
system,
are estimated as follows:
(a)
For public school employees who first worked for a public
school
reporting unit before July 1, 2010 and who are enrolled in
the
health premium subsidy, the annual level percentage of payroll
contribution
rate is estimated at 29.35%, with 24.79% paid directly
by
the employer.
(b)
For public school employees who first worked for a public
school
reporting unit on or after July 1, 2010 and who are enrolled
in
the health premium subsidy, the annual level percentage of
payroll
contribution rate is estimated at 29.12%, with 24.56% paid
directly
by the employer.
(c)
For public school employees who first worked for a public
school
reporting unit on or after July 1, 2010 and who participate
in
the pension plus plan and in the personal healthcare fund, the
annual
level percentage of payroll contribution rate is estimated
at
28.19%, with 23.63% paid directly by the employer.
(d)
For public school employees who first worked for a public
school
reporting unit on or after September 4, 2012, who elect
defined
contribution, and who participate in the personal
healthcare
fund, the annual level percentage of payroll
contribution
rate is estimated at 25.52%, with 20.96% paid directly
by
the employer.
(e)
For public school employees who first worked for a public
school
reporting unit before July 1, 2010, who elect defined
contribution,
and who are enrolled in the health premium subsidy,
the
annual level percentage of payroll contribution rate is
estimated
at 26.45%, with 21.89% paid directly by the employer.
(f)
For public school employees who first worked for a public
school
reporting unit before July 1, 2010, who elect defined
contribution,
and who participate in the personal healthcare fund,
the
annual level percentage of payroll contribution rate is
estimated
at 25.52%, with 20.96% paid directly by the employer.
(g)
For public school employees who first worked for a public
school
reporting unit before July 1, 2010 and who participate in
the
personal healthcare fund, the annual level percentage of
payroll
contribution rate is estimated at 28.42%, with 23.86% paid
directly
by the employer.
(2) (3)
The annual level percentage of
payroll contribution
rates for the 2014-2015 fiscal year, as determined by the
retirement system, are estimated as follows:
(a) For public school employees who first worked for a public
school reporting unit before July 1, 2010 and who are enrolled in
the health premium subsidy, the annual level percentage of payroll
contribution
rate is estimated at 33.10%, 33.41%,
with 25.78% paid
directly by the employer.
(b) For public school employees who first worked for a public
school reporting unit on or after July 1, 2010 and who are enrolled
in the health premium subsidy, the annual level percentage of
payroll
contribution rate is estimated at 32.02%, 32.33%, with
24.70% paid directly by the employer.
(c) For public school employees who first worked for a public
school reporting unit on or after July 1, 2010 and who participate
in the personal healthcare fund, the annual level percentage of
payroll
contribution rate is estimated at 31.51%, 31.82%, with
24.19% paid directly by the employer.
(d) For public school employees who first worked for a public
school reporting unit on or after September 4, 2012, who elect
defined contribution, and who participate in the personal
healthcare fund, the annual level percentage of payroll
contribution
rate is estimated at 28.28%, 28.59%,
with 20.96% paid
directly by the employer.
(e) For public school employees who first worked for a public
school reporting unit before July 1, 2010, who elect defined
contribution, and who are enrolled in the health premium subsidy,
the annual level percentage of payroll contribution rate is
estimated
at 28.79%, 29.10%, with 21.47% paid directly by the
employer.
(f) For public school employees who first worked for a public
school reporting unit before July 1, 2010, who elect defined
contribution, and who participate in the personal healthcare fund,
the annual level percentage of payroll contribution rate is
estimated
at 28.28%, 28.59%, with 20.96% paid directly by the
employer.
(g) For public school employees who first worked for a public
school reporting unit before July 1, 2010 and who participate in
the personal healthcare fund, the annual level percentage of
payroll
contribution rate is estimated at 32.59%, 32.90%, with
25.27% paid directly by the employer.
(3) (4)
In addition to the employer
payments described in
subsections
(2) and (3), subsection (2), the employer shall pay the
applicable contributions to the Tier 2 plan, as determined by the
public school employees retirement act of 1979, 1980 PA 300 MCL
38.1301 to 38.1408.
(4) (5)
The contribution rates in
subsection (2) reflect an
amortization
period of 25 24 years for 2013-2014. 2014-2015. 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.
Sec. 147a. From the appropriation in section 11, there is
allocated
for 2013-2014 2014-2015 an amount not to exceed
$100,000,000.00 for payments to participating districts. A district
that receives money under this section shall use that money solely
for the purpose of offsetting a portion of the retirement
contributions owed by the district for the fiscal year in which it
is received. The amount allocated to each participating district
under this section shall be based on each participating district's
percentage of the total statewide payroll for all participating
districts for the immediately preceding fiscal year. As used in
this section, "participating district" means a district that is a
reporting unit of the Michigan public school employees' retirement
system under the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1301 to 38.1408, and that reports employees to
the Michigan public school employees' retirement system for the
applicable fiscal year.
Sec. 147c. (1) From the appropriation in section 11, there is
allocated
for 2013-2014 2014-2015 an amount not to exceed
$249,500,000.00
$656,700,000.00 from the state school aid fund, and
there
is appropriated for 2013-2014 2014-2015
an amount not to
exceed
$156,000,000.00 $18,000,000.00
from the MPSERS retirement
obligation reform reserve fund, for payments to districts and
intermediate districts that are participating entities of the
Michigan public school employees' retirement system.
(2)
In addition to the allocation under subsection (1), from
the
general fund money appropriated under section 11, there is
allocated
for payments to district libraries that are participating
entities
of the retirement system an amount not to exceed
$1,300,000.00
for 2013-2014.
(2) For 2014-2015, the amounts allocated under subsection (1)
are estimated to provide an average MPSERS rate cap per pupil
amount of $441.00 and are estimated to provide a rate cap per pupil
for districts ranging between $4.00 and $1,400.00.
(3)
Payments made under this section for 2013-2014 2014-2015
shall be equal to the difference between the unfunded actuarial
accrued liability contribution rate as calculated pursuant to
section 41 of the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1341, as calculated without taking into account
the maximum employer rate of 20.96% included in section 41 of the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1341, and the maximum employer rate of 20.96% included in
section 41 of the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1341.
(4) The amount allocated to each participating entity under
this section shall be based on each participating entity's
proportion of the total covered payroll for the immediately
preceding fiscal year for the same type of participating entities.
A participating entity that receives funds under this section shall
use the funds solely for the purpose of retirement contributions as
specified in subsection (5).
(5) Each participating entity receiving funds under this
section shall forward an amount equal to the amount allocated under
subsection (4) to the retirement system in a form, manner, and time
frame determined by the retirement system.
(6) Funds allocated under this section should be considered
when comparing a district's growth in total state aid funding from
1 fiscal year to the next.
(7) Not later than October 20, 2014, the department shall
publish and post on its website an estimated MPSERS rate cap per
pupil for each district.
(8) (7)
As used in this section:
(a) "MPSERS rate cap per pupil" means an amount equal to the
quotient of the district's payment under this section divided by
the district's pupils in membership.
(b) (a)
"Participating entity"
means a district, intermediate
district, or district library that is a reporting unit of the
Michigan public school employees' retirement system under the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1301 to 38.1437, and that reports employees to the Michigan
public school employees' retirement system for the applicable
fiscal year.
(c) (b)
"Retirement board" means
the board that administers
the retirement system under the public school employees retirement
act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(d) (c)
"Retirement system" means
the Michigan public school
employees' retirement system under the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
Sec. 147d. (1) From the appropriation in section 11, there is
allocated for 2014-2015 only an amount not to exceed
$108,000,000.00 for payments to participating entities.
(2) The amount allocated to each participating entity under
this section shall be based on each participating entity's
proportion of the total covered payroll for the immediately
preceding fiscal year. A participating entity that receives funds
under this section shall use the funds solely for purposes of this
section.
(3) Each participating entity receiving funds under this
section shall forward an amount equal to the sum of the amount
allocated under this section and the amount allocated under section
147c to the retirement system in a form, manner, and time frame
prescribed by the retirement system.
(4) Payments under this section shall be used by the
retirement system specifically for the payment or prepayment of the
final years or partial years of any additional costs to the
retirement system due to the operation of section 81b of the public
school employees retirement act of 1979, 1980 PA 300, MCL 38.1381b,
without regard to the amortization of those costs under section
81b(5) of the public school employees retirement act of 1979, 1980
PA 300, MCL 38.1381b, and in a manner and form as determined by the
office of retirement services.
(5) As used in this section:
(a) "Participating entity" means a district, intermediate
district, community college, or district library that is a
reporting unit of the Michigan public school employees' retirement
system under the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1301 to 38.1437, and that reports employees to
the Michigan public school employees' retirement system for the
applicable fiscal year.
(b) "Retirement system" means the Michigan public school
employees' retirement system under the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
Sec. 152a. (1) As required by the court in the consolidated
cases known as Adair v State of Michigan, Michigan supreme court
docket nos. 137424 and 137453, from the state school aid fund money
appropriated
in section 11 there is allocated for 2013-2014 2014-
2015 an amount not to exceed $38,000,500.00 to be used solely for
the purpose of paying necessary costs related to the state-mandated
collection, maintenance, and reporting of data to this state.
(2) From the allocation in subsection (1), the department
shall make payments to districts and intermediate districts in an
equal amount per pupil based on the total number of pupils in
membership in each district and intermediate district. The
department shall not make any adjustment to these payments after
the final installment payment under section 17b is made.
Sec. 161. A school official or member of a board or other
person who neglects or refuses to do or perform an act required by
this act or who violates or knowingly permits or consents to the
violation of this act is guilty of a misdemeanor, punishable by
imprisonment for not more than 90 days, or a fine of not more than
$1,500.00, or both. This penalty is in addition to all other
financial penalties otherwise specified in this article.
Sec. 163. (1) Except as provided in the revised school code,
the board of a district or intermediate district shall not permit
any of the following:
(a) A noncertificated teacher to teach in an elementary or
secondary school or in an adult basic education or high school
completion program.
(b) A noncertificated counselor to provide counseling services
to pupils in an elementary or secondary school or in an adult basic
education or high school completion program.
(2) Except as provided in the revised school code, a district
or intermediate district employing teachers or counselors not
legally certificated shall have deducted the sum equal to the
amount paid the teachers or counselors for the period of
noncertificated or illegal employment. Each intermediate
superintendent shall notify the department of the name of the
noncertificated teacher or counselor, and the district employing
that individual and the amount of salary the noncertificated
teacher or counselor was paid within a constituent district.
(3) If a school official is notified by the department that he
or she is employing a nonapproved noncertificated teacher or
counselor in violation of this section and knowingly continues to
employ that teacher or counselor, the school official is guilty of
a misdemeanor, punishable by a fine of $1,500.00 for each
incidence. This penalty is in addition to all other financial
penalties otherwise specified in this article.
Sec. 164f. The intermediate board of an intermediate district,
the board of a district, or the board of directors of a public
school academy may use funds appropriated under this article to
enter into a swap, hedge, derivative, or similar agreement in
connection with the procurement of diesel fuel. However, not more
than 25% of a district's, public school academy's, or intermediate
district's annual diesel fuel budget may be procured in the manner
allowed under this section.
Sec.
168. In order to receive funds under this act, article, a
district, intermediate district, grant recipient, contractor, or
other entity that directly or indirectly receives funds under this
act
article shall allow access for the department or the
department's designee to audit all records related to a program for
which
it receives such funds
under this article or has received
funds under this article for any of the 3 immediately preceding
fiscal years. The district, intermediate district, grant recipient,
contractor, or other entity shall reimburse the state for all
disallowances
found in the audit.any
audit conducted under this
article.
Sec. 201. (1) Subject to the conditions set forth in this
article,
the amounts listed in subsections (2), (4), (5), (6), and
(7)
this section are appropriated for community colleges for the
fiscal
year ending September 30, 2014, 2015,
from the funds
indicated in this section. The following is a summary of the
appropriations
in subsections (2), (4), (5), (6), and (7):this
section:
(a)
The gross appropriation is $335,977,600.00.
$364,724,900.00. After deducting total interdepartmental grants and
intradepartmental transfers in the amount of $0.00, the adjusted
gross
appropriation is $335,977,600.00.$364,724,900.00.
(b) The sources of the adjusted gross appropriation described
in subdivision (a) are as follows:
(i) Total federal revenues, $0.00.
(ii) Total local revenues, $0.00.
(iii) Total private revenues, $0.00.
(iv) Total other state restricted revenues, $197,614,100.00.
(v) State general fund/general purpose money,
$138,363,500.00.$167,110,800.00.
(2) Subject to subsection (3), the amount appropriated for
community
college operations is $298,244,000.00, $307,191,300.00,
allocated as follows:
(a)
The appropriation for Alpena Community College ,
$5,221,100.00.is $5,390,700.00, $5,236,500.00 for operations
and
$154,200.00 for performance funding.
(b)
The appropriation for Bay de Noc Community College ,
$5,263,800.00.is $5,419,500.00, $5,279,300.00 for operations
and
$140,200.00 for performance funding.
(c)
The appropriation for Delta College , $14,022,200.00.is
$14,498,900.00, $14,063,500.00 for operations and $435,400.00 for
performance funding.
(d)
The appropriation for Glen Oaks Community College ,
$2,434,300.00.is $2,516,100.00, $2,441,500.00 for operations
and
$74,600.00 for performance funding.
(e)
The appropriation for Gogebic Community College ,
$4,317,500.00.is $4,451,400.00, $4,330,300.00 for operations
and
$121,100.00 for performance funding.
(f)
The appropriation for Grand Rapids Community College ,
$17,403,500.00.is $17,947,500.00, $17,454,900.00 for
operations and
$492,600.00 for performance funding.
(g)
The appropriation for Henry Ford Community College ,
$20,997,900.00.is $21,623,800.00, $21,060,000.00 for
operations and
$563,800.00 for performance funding.
(h)
The appropriation for Jackson Community College ,
$11,723,600.00.is $12,087,300.00, $11,758,200.00 for
operations and
$329,100.00 for performance funding.
(i)
The appropriation for Kalamazoo Valley Community College ,
$12,086,900.00is $12,503,100.00, $12,122,500.00 for
operations and
$380,600.00 for performance funding.
(j)
The appropriation for Kellogg Community College ,
$9,494,000.00.is $9,813,500.00, $9,522,000.00 for operations
and
$291,500.00 for performance funding.
(k)
The appropriation for Kirtland Community College ,
$3,046,800.00.is $3,167,700.00, $3,055,700.00 for operations
and
$112,000.00 for performance funding.
(l) The
appropriation for Lake Michigan College ,
$5,162,900.00.is $5,342,900.00, $5,178,100.00 for operations
and
$164,800.00 for performance funding.
(m)
The appropriation for Lansing Community College ,
$29,935,300.00.is $30,877,600.00, $30,023,700.00 for
operations and
$853,900.00 for performance funding.
(n)
The appropriation for Macomb Community College ,
$31,837,200.00.is $32,816,600.00, $31,931,200.00 for
operations and
$885,400.00 for performance funding.
(o)
The appropriation for Mid Michigan Community College ,
$4,504,700.00.is $4,682,000.00, $4,517,900.00 for operations
and
$164,100.00 for performance funding.
(p)
The appropriation for Monroe County Community College ,
$4,329,900.00.is $4,492,900.00, $4,342,600.00 for operations
and
$150,300.00 for performance funding.
(q)
The appropriation for Montcalm Community College ,
$3,112,000.00.is $3,226,700.00, $3,121,200.00 for operations
and
$105,500.00 for performance funding.
(r)
The appropriation for C.S. Mott Community College ,
$15,202,200.00.is $15,686,100.00, $15,247,100.00 for
operations and
$439,000.00 for performance funding.
(s)
The appropriation for Muskegon Community College ,
$8,628,000.00.is $8,901,000.00, $8,653,500.00 for operations
and
$247,500.00 for performance funding.
(t)
The appropriation for North Central Michigan College ,
$3,055,400.00.is $3,172,400.00, $3,064,400.00 for operations
and
$108,000.00 for performance funding.
(u)
The appropriation for Northwestern Michigan College ,
$8,799,300.00.is $9,078,800.00, $8,825,300.00 for operations
and
$253,500.00 for performance funding.
(v)
The appropriation for Oakland Community College ,
$20,422,900.00.is $21,123,300.00, $20,483,100.00 for
operations and
$640,200.00 for performance funding.
(w)
The appropriation for St. Clair County Community College ,
$6,839,900.00.is $7,061,600.00, $6,860,100.00 for operations
and
$201,500.00 for performance funding.
(x)
The appropriation for Schoolcraft College ,
$12,076,700.00.is $12,513,700.00, $12,112,200.00 for
operations and
$401,500.00 for performance funding.
(y)
The appropriation for Southwestern Michigan College ,
$6,385,400.00.is $6,576,400.00, $6,404,300.00 for operations
and
$172,100.00 for performance funding.
(z)
The appropriation for Washtenaw Community College ,
$12,573,900.00.is $13,077,300.00, $12,610,800.00 for
operations and
$466,500.00 for performance funding.
(aa)
The appropriation for Wayne County Community College ,
$16,146,700.00.is $16,727,600.00, $16,194,300.00 for
operations and
$533,300.00 for performance funding.
(bb)
The appropriation for West Shore Community College ,
$2,342,900.00.is $2,414,900.00, $2,349,800.00 for operations
and
$65,100.00 for performance funding.
(cc)
Local strategic value, $877,100.00.
(3) The amount appropriated in subsection (2) for community
college operations is appropriated from the following:
(a) State school aid fund, $195,880,500.00.
(b) State general fund/general purpose money,
$102,363,500.00.$111,310,800.00.
(4)
From the appropriations described in subsection (1), there
is
subject to section 207a, the
amount appropriated for fiscal year
2013-2014
an amount not to exceed $1,733,600.00 for payments to
community
colleges from the state school aid fund. A community
college
that receives money under this subsection shall use that
money
solely for the purpose of offsetting a portion of the
retirement
contributions owed by the college for the fiscal year
ending
September 30, 2014. The amount allocated to each
participating
community college under this section shall be based
on
each participating college's total payroll covered by the
retirement
system-covered payroll for all participating colleges
for
the immediately preceding state fiscal year.2014-2015 to offset
certain fiscal year 2014-2015 retirement contributions is
$1,733,600.00, appropriated from the state school aid fund.
(5)
From the appropriations described in subsection (1), there
is
subject to section 207b, the
amount appropriated an amount not
to
exceed $31,400,000.00 from the state general fund for payments
to community colleges that are participating entities of the
retirement system is $52,300,000.00, appropriated from general
fund/general
purpose money. All of the following
apply to the
appropriations
described in this subsection:
(a)
The amount of a payment under this subsection shall be the
difference
between the unfunded actuarial accrued liability
contribution
rate as calculated under section 41 of the public
school
employees retirement act of 1979, 1980 PA 300, MCL 38.1341,
and
the maximum employer rate of 20.96% under section 41 of the
public
school employees retirement act of 1979, 1980 PA 300, MCL
38.1341.
(b)
The amount allocated to each community college under this
subsection
shall be based on each community college's percentage of
the
total covered payroll for all community colleges that are
participating
colleges in the immediately preceding fiscal year. A
community
college that receives funds under this subsection shall
use
the funds solely for the purpose of retirement contributions
under
subdivision (c).
(c)
Each participating college receiving funds under this
subsection
shall forward an amount equal to the amount allocated
under
subdivision (b) to the retirement system in a form and manner
determined
by the retirement system.
(6)
All of the following apply to community colleges described
in
section 12(3) of the Michigan renaissance zone act, MCL
125.2692:
(a)
From the appropriations described
in subsection (1), the
following
subject to section 207c, the amount is appropriated for
reimbursement
to community colleges under section 12(3) of the
Michigan
renaissance zone act, MCL 125.2692:renaissance
zone tax
reimbursements is $3,500,000.00, appropriated from general
fund/general purpose money.
(i) If the amount of tax revenue lost by community
colleges as
a
result of the exemption of property under the Michigan
renaissance
zone act in fiscal year 2012-2013 is $3,500,000.00 or
more,
$3,500,000.00 from the state general fund.
(ii) If the amount of tax revenue lost by community
colleges
as
a result of the exemption of property under the Michigan
renaissance
zone act in fiscal year 2012-2013 is less than
$3,500,000.00,
the actual amount of tax revenue lost by the
community
colleges.
(b)
The amount allocated to each community college under this
subsection
shall be based on that community college's proportion of
total
revenue lost by community colleges in fiscal year 2012-2013
as
a result of the exemption of property under the Michigan
renaissance
zone act.
(c)
The appropriations described in this subsection shall be
made
to each eligible community college within 60 days after the
department
of treasury certifies to the state budget director that
it
has received all necessary information to properly determine the
amounts
of tax revenue lost by each eligible community college in
fiscal
year 2012-2013 under section 12 of the Michigan renaissance
zone
act, MCL 125.2692.
(7)
From the appropriations described in subsection (1), there
is
appropriated $1,100,000.00 from the state general fund, for
fiscal
year 2013-2014 only, to the Michigan community college
association,
for the purpose of expanding the Michigan community
college
virtual learning collaborative. The Michigan community
college
association shall provide information on request to the
house
and senate subcommittees on community colleges, the house and
senate
fiscal agencies, and the state budget director on the use of
these
funds until the project is completed.
(8)
As used in this section:
(a)
"Michigan renaissance zone act" means the Michigan
renaissance
zone act, 1996 PA 376, MCL 125.2681 to 125.2696.
(b)
"Participating college" means a community college that is
a
reporting unit of the retirement system and that reports
employees
to the retirement system for the state fiscal year.
(c)
"Retirement board" means the board that administers the
retirement
system under the public school employees retirement act
of
1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(d)
"Retirement system" means the Michigan public school
employees'
retirement system under the public school employees
retirement
act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
Sec. 201a. It is the intent of the legislature to provide
appropriations
for the fiscal year ending on September 30, 2015
2016
for the items listed in section 201.
The fiscal year 2014-2015
2015-2016 appropriations are anticipated to be the same as those
for
fiscal year 2013-2014, 2014-2015,
except that the amounts will
be adjusted for changes in retirement costs, caseload and related
costs, federal fund match rates, economic factors, and available
revenue. These adjustments will be determined after the January
2014
2015 consensus revenue estimating conference.
Sec.
202a. As used in this article: , "workforce
(a) "Michigan renaissance zone act" means the Michigan
renaissance zone act, 1996 PA 376, MCL 125.2681 to 125.2696.
(b) "Participating college" means a community college that is
a reporting unit of the retirement system and that reports
employees to the retirement system for the state fiscal year.
(c) "Retirement board" means the board that administers the
retirement system under the public school employees retirement act
of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(d) "Retirement system" means the Michigan public school
employees' retirement system under the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(e) "Workforce development agency" means the workforce
development agency of the Michigan strategic fund.
Sec. 206. The funds appropriated in section 201 are
appropriated for community colleges with fiscal years ending June
30,
2014 2015 and shall be paid out of the state treasury and
distributed by the state treasurer to the respective community
colleges in 11 monthly installments on the sixteenth of each month,
or the next succeeding business day, beginning with October 16,
2013.
2014. Each community college shall accrue its July and
August
2014
2015 payments to its institutional fiscal year ending
June 30,
2014.
2015. However, if the state budget director determines
that a
community college failed to submit all verified Michigan community
colleges activities classification structure data for school year
2012-2013
2013-2014 to the workforce development agency by November
1,
2013, 2014, or failed to submit its longitudinal data system
data
set for school year 2012-2013 2013-2014
to the center for
educational performance and information under section 219, the
state treasurer shall withhold the monthly installments from that
community college until those data are submitted. The state budget
director shall notify the chairs of the house and senate
appropriations subcommittees on community colleges at least 10 days
before withholding funds from any community college.
Sec. 207a. All of the following apply to the allocation of the
appropriations described in section 201(4):
(a) A community college that receives money under section
201(4) shall use that money solely for the purpose of offsetting a
portion of the retirement contributions owed by the college for the
fiscal year ending September 30, 2015.
(b) The amount allocated to each participating community
college under section 201(4) shall be based on each participating
college's total payroll covered by the retirement system-covered
payroll for all participating colleges for fiscal year 2013-2014.
Sec. 207b. All of the following apply to the allocation of the
appropriations described in section 201(5) for payments to
community colleges that are participating entities of the
retirement system:
(a) The amount of a payment under section 201(5) shall be the
difference between the unfunded actuarial accrued liability
contribution rate as calculated under section 41 of the public
school employees retirement act of 1979, 1980 PA 300, MCL 38.1341,
and the maximum employer rate of 20.96% under section 41 of the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1341.
(b) The amount allocated to each community college under
section 201(5) shall be based on each community college's
percentage of the total covered payroll for all community colleges
that are participating colleges in the immediately preceding fiscal
year. A community college that receives funds under this
subdivision shall use the funds solely for the purpose of
retirement contributions under section 201(5).
(c) Each participating college that receives funds under
section 201(5) shall forward an amount equal to the amount
allocated under subdivision (b) to the retirement system in a form
and manner determined by the retirement system.
Sec. 207c. All of the following apply to the allocation of the
appropriations described in section 201(6) to community colleges
described in section 12(3) of the Michigan renaissance zone act,
MCL 125.2692:
(a) The amount allocated to each community college under
section 201(6) shall be based on that community college's
proportion of total revenue lost by community colleges in fiscal
year 2013-2014 as a result of the exemption of property under the
Michigan renaissance zone act.
(b) The appropriations described in section 201(6) shall be
made to each eligible community college within 60 days after the
department of treasury certifies to the state budget director that
it has received all necessary information to properly determine the
amounts of tax revenue lost by each eligible community college in
fiscal year 2013-2014 under section 12 of the Michigan renaissance
zone act, MCL 125.2692.
Sec. 209. (1) Within 30 days after the board of a community
college adopts its annual operating budget for the following school
fiscal year, or after the board adopts a subsequent revision to
that budget, the community college shall make all of the following
available through a link on its website homepage:
(a) The annual operating budget and subsequent budget
revisions.
(b) A link to the most recent "Activities Classification
Structure
Manual for Michigan Community Colleges".Data Book and
Companion".
(c) General fund revenue and expenditure projections for
fiscal
year 2013-2014 2014-2015 and fiscal year 2014-2015.2015-
2016.
(d) A listing of all debt service obligations, detailed by
project,
anticipated fiscal year 2013-2014 2014-2015 payment of
each project, and total outstanding debt.
(e) The estimated cost to the community college resulting from
the patient protection and affordable care act, Public Law 111-148,
as amended by the health care and education reconciliation act of
2010, Public Law 111-152.
(f) Links to all of the following for the community college:
(i) The current collective bargaining agreement for each
bargaining unit.
(ii) Each health care benefits plan, including, but not
limited to, medical, dental, vision, disability, long-term care, or
any other type of benefits that would constitute health care
services, offered to any bargaining unit or employee of the
community college.
(iii) Audits and financial reports for the most recent fiscal
year for which they are available.
(iv) A copy of the board of trustees resolution regarding
compliance with best practices for the local strategic value
component
described in section 230(3).230(2).
(2) For statewide consistency and public visibility, community
colleges must use the icon badge provided by the department of
technology, management, and budget consistent with the icon badge
developed by the department of education for K-12 school districts.
It must appear on the front of each community college's homepage.
The size of the icon may be reduced to 150 x 150 pixels.
(3) The state budget director shall determine whether a
community college has complied with this section. The state budget
director may withhold a community college's monthly installments
described in section 206 until the community college complies with
this section. The state budget director shall notify the chairs of
the house and senate appropriations subcommittee on community
colleges at least 10 days before withholding funds from any
community college.
(4) Each community college shall report the following
information to the senate and house appropriations subcommittees on
community colleges, the senate and house fiscal agencies, and the
state
budget office by November 15 , 2013, of
each fiscal year and
post that information on the internet website required under
subsection (1):
(a)
Budgeted fiscal year 2013-2014 2014-2015
general fund
revenue from tuition and fees.
(b)
Budgeted fiscal year 2013-2014 2014-2015
general fund
revenue from state appropriations.
(c)
Budgeted fiscal year 2013-2014 2014-2015
general fund
revenue from property taxes.
(d)
Budgeted fiscal year 2013-2014 2014-2015
total general
fund revenue.
(e)
Budgeted fiscal year 2013-2014 2014-2015
total general
fund expenditures.
(5) By November 15 of each year, a community college shall
report the following information to the center for educational
performance and information and post the information on its website
under the budget transparency icon badge:
(a) Opportunities for earning college credit through the
following programs:
(i) State approved career and technical education or a tech
prep articulated program of study.
(ii) Direct college credit or concurrent enrollment.
(iii) Dual enrollment.
(iv) An early college/middle college program.
(b) For each program described in subdivision (a) that the
community college offers, all of the following information:
(i) The number of high school students participating in the
program.
(ii) The number of school districts that participate in the
program with the community college.
(iii) Whether a college professor, qualified local school
district employee, or other individual teaches the course or
courses in the program.
(iv) The total cost to the community college to operate the
program.
(v) The cost per credit hour for the course or courses in the
program.
(vi) The location where the course or courses in the program
are held.
(vii) Instructional resources offered to the program
instructors.
(viii) Resources offered to the student in the program.
(ix) Transportation services provided to students in the
program.
Sec. 210b. (1) It is the intent of the legislature that the
Michigan association of collegiate registrars and admissions
officers implement any agreement or agreements among the community
colleges and universities concerning the transferability of college
courses resulting from the recommendations of the committee created
under former section 210a.
(2) It is the intent of the legislature that the Michigan
association of collegiate registrars and admissions officers, the
Michigan community college association, and the presidents council,
state universities of Michigan shall together submit an
implementation update report to the senate and house appropriations
subcommittees on community colleges and higher education, the
senate and house fiscal agencies, and the state budget director by
March
1, 2014.2015.
Sec.
217. (1) Unless otherwise specifically stated, all data
items
used in determining state aid in this article are as defined
in
the "2001 Manual for Uniform Financial Reporting, Michigan
Public
Community Colleges", which shall be the basis for reporting
data,
and the "Activities Classification Structure Manual for
Michigan
Community Colleges", as amended, which shall be used to
document
financial needs of the community colleges.The workforce
development agency shall do all of the following:
(a) Establish, maintain, and coordinate the state community
college database commonly known as the "activities classification
structure" or "ACS" database.
(b) Collect data concerning community colleges and community
college programs in this state, including data required by law.
(c) Establish procedures to ensure the validity and
reliability of the data and the collection process.
(d) Develop model data collection policies, including, but not
limited to, policies that ensure the privacy of any individual
student data. 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
policymakers and community college officials to make informed
policy decisions.
(f) Assist community colleges in complying with audits under
this section or federal law.
(2) There is created within the workforce development agency
the activities classification structure advisory committee. The
committee shall provide advice to the director of the workforce
development agency regarding the management of the state community
college database, including, but not limited to:
(a) Determining what data are necessary to collect and
maintain to enable state and community college officials to make
informed policy decisions.
(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 policies related to data
collection, including, but not limited to, privacy policies related
to individual student data.
(g) Ensuring that the data are made available to state
policymakers and citizens of this state in the most useful format
possible.
(h) Addressing other matters as determined by the director of
the workforce development agency or as required by law.
(3) The activities classification structure advisory committee
created in subsection (2) shall consist of the following members:
(a) One representative from the house fiscal agency, appointed
by the director of the house fiscal agency.
(b) One representative from the senate fiscal agency,
appointed by the director of the senate fiscal agency.
(c) One representative from the workforce development agency,
appointed by the director of the workforce development agency.
(d) One representative from the state budget office, appointed
by the state budget director.
(e) One representative from the governor's policy office,
appointed by that office.
(f) Four representatives of the Michigan community colleges
association, appointed by the president of the association. From
the groupings of community colleges given in table 17 of the
activities classification structure report described in subsection
(4), the association shall appoint 1 representative each from group
1, group 2, and group 3, and 1 representative from either group 3
or 4.
(4) The activities classification structure advisory committee
shall review the existing activities classification structure
report, data, definitions, processes, and other items as needed and
publish an initial report on their findings and recommendations by
July 30, 2015. This report shall be submitted to the senate and
house appropriations subcommittees on community colleges, the
senate and house fiscal agencies, the director of the workforce
development agency, the state budget director, and the Michigan
community colleges association.
Sec. 224. A community college shall use the P-20 longitudinal
data system to inform interested Michigan high schools and the
public of the aggregate academic status of its students for the
previous academic year, in a manner prescribed by the Michigan
community college association and in cooperation with the Michigan
association of secondary school principals. Community colleges
shall cooperate with the center for educational performance and
information
to design and implement maintain
a systematic approach
for accomplishing this work.
Sec. 225. Each community college shall report to the house and
senate fiscal agencies, the state budget director, and the
workforce
development agency by August 31, 2013, 2014, the tuition
and mandatory fees paid by a full-time in-district student and a
full-time out-of-district student as established by the college
governing
board for the 2013-2014 2014-2015
academic year. This
report should also include the annual cost of attendance based on a
full-time course load of 30 credits. Each community college shall
also
report any revisions to the reported 2012-2013 or 2013-2014
2014-2015 academic year tuition and mandatory fees adopted by the
college governing board to the house and senate fiscal agencies,
the state budget director, and the workforce development agency
within 15 days of being adopted.
Sec. 229. (1) It is the intent of the legislature that each
community college that receives an appropriation in section 201
include in its admission application process a specific question as
to
whether an applicant for admission is a veteran, an active
member
of the military, a member of the national guard or military
reserves,
or the spouse or dependent of a veteran, active member of
the
military, or member of the national guard or military reserves,
has ever served or is currently serving in the United States armed
forces or is the spouse or dependent of an individual who has
served or is currently serving in the United States armed forces,
in order to more quickly identify potential educational assistance
available to that applicant.
(2) It is the intent of the legislature that each public
community college that receives an appropriation in section 201
shall work with the house and senate community college
subcommittees, the Michigan community college association, and
veterans groups to review the issue of in-district tuition for
veterans of this state when determining tuition rates and fees.
(3) As used in this section, "veteran" means an honorably
discharged veteran entitled to educational assistance under the
provisions of section 5003 of the post-911 veterans educational
assistance act of 2008, 38 USC 3301 to 3324.
Sec.
229a. Included in the fiscal year 2013-2014 2014-2015
appropriations for the department of technology, management, and
budget are appropriations to provide funding for the state share of
costs for previously constructed capital projects for community
colleges. Those appropriations for state building authority rent
represent additional state general fund support for community
colleges, and the following is an estimate of the amount of that
support to each community college:
(a)
Alpena Community College, $434,500.00.$485,400.00.
(b)
Bay de Noc Community College, $644,500.00.$636,600.00.
(c)
Delta College, $2,877,700.00.$2,842,800.00.
(d)
Glen Oaks Community College, $124,900.00.$123,300.00.
(e)
Gogebic Community College, $78,100.00.$16,900.00.
(f) Grand Rapids Community College,
$1,700,400.00.$1,792,400.00.
(g)
Henry Ford Community College, $1,126,800.00.$1,030,800.00.
(h)
Jackson Community College, $1,809,500.00.$1,787,300.00.
(i) Kalamazoo Valley Community College,
$1,489,300.00.$1,471,000.00.
(j)
Kellogg Community College, $527,900.00.$521,400.00.
(k)
Kirtland Community College, $368,800.00.$364,000.00.
(l) Lake Michigan College, $345,200.00.$340,900.00.
(m)
Lansing Community College, $617,600.00.$610,100.00.
(n)
Macomb Community College, $1,332,900.00.$1,316,600.00.
(o)
Mid Michigan Community College, $928,900.00.$1,117,300.00.
(p) Monroe County Community College,
$1,375,600.00.$1,266,500.00.
(q)
Montcalm Community College, $1,015,700.00.$973,700.00.
(r)
C.S. Mott Community College, $1,830,400.00.$1,808,000.00.
(s)
Muskegon Community College, $201,000.00.$198,500.00.
(t)
North Central Michigan College, $476,300.00.$117,600.00.
(u) Northwestern Michigan College,
$1,324,800.00.$1,308,600.00.
(v)
Oakland Community College, $472,100.00.$466,300.00.
(w) St. Clair County Community College,
$361,400.00.$357,000.00.
(x)
Schoolcraft College, $1,569,500.00.$1,550,300.00.
(y)
Southwestern Michigan College, $538,600.00.$231,100.00.
(z)
Washtenaw Community College, $2,023,100.00.$1,680,600.00.
(aa) Wayne County Community College,
$1,918,700.00.$1,466,000.00.
(bb)
West Shore Community College, $585,800.00.$578,600.00.
Sec.
230. (1) It is the intent of the legislature that the
recommendations
and performance measures developed by the
performance
indicators task force formed under section 242 of 2005
PA
154 be reviewed and more fully implemented for distribution of
state
funding to community colleges in future years.
(2)
Any additional funding provided to Money
included in the
appropriations for community college operations under section
201(2)
in fiscal year 2013-2014 that exceeds the amounts
appropriated
for operations in fiscal year 2012-2013 2014-2015 for
performance funding is distributed based on the following formula:
(a)
Allocated proportionate to fiscal year 2012-2013 2013-2014
base appropriations, 50%.
(b) Based on contact hour equated students, 10%.
(c) Based on administrative costs, 7.5%.
(d) Based on a weighted degree formula as provided for in the
2006 recommendations of the performance indicators task force,
17.5%.
(e) Based on the local strategic value component, as developed
in cooperation with the Michigan community college association and
described
in subsection (3), (2), 15%.
(2) (3)
The appropriation in section 201(2)(cc) Money included
in the appropriations for community college operations under
section 201(2) for local strategic value shall be allocated to each
community college that certifies to the state budget director,
through
a board of trustees resolution on or before November 1,
2013,
October 15, 2014, that the college has met 4 out of 5 best
practices
listed in each category described in subsection (4). (3).
The resolution shall provide specifics as to how the community
college meets each best practice measure within each category. One-
third of funding available under the strategic value component
shall
be allocated to each category described in subsection (4).
(3). Amounts distributed under local strategic value shall be on a
proportionate
basis to each college's fiscal year 2012-2013 2013-
2014 operations funding. Payments to community colleges that
qualify for local strategic value funding shall be distributed with
the November installment payment described in section 206.
(3) (4)
For purposes of subsection (3), (2), the
following
categories of best practices reflect functional activities of
community colleges that have strategic value to the local
communities and regional economies:
(a) For Category A, economic development and business or
industry partnerships, the following:
(i) The community college has active partnerships with local
employers including hospitals and health care providers.
(ii) The community college provides customized on-site
training for area companies, employees, or both.
(iii) The community college supports entrepreneurship through
a small business assistance center or other training or consulting
activities targeted toward small businesses.
(iv) The community college supports technological advancement
through industry partnerships, incubation activities, or operation
of a Michigan technical education center or other advanced
technology center.
(v) The community college has active partnerships with local
or regional workforce and economic development agencies.
(b) For Category B, educational partnerships, the following:
(i) The community college has active partnerships with
regional high schools, intermediate school districts, and career-
tech centers to provide instruction through dual enrollment,
concurrent enrollment, direct credit, middle college, or academy
programs.
(ii) The community college hosts, sponsors, or participates in
enrichment programs for area K-12 students, such as college days,
summer or after-school programming, or science Olympiad.
(iii) The community college provides, supports, or
participates in programming to promote successful transitions to
college for traditional age students, including grant programs such
as talent search, upward bound, or other activities to promote
college readiness in area high schools and community centers.
(iv) The community college provides, supports, or participates
in programming to promote successful transitions to college for new
or
reentering adult students, such as adult basic education, GED
preparation,
GED testing, general
education development certificate
preparation and testing, or recruiting, advising, or orientation
activities specific to adults.
(v) The community college has active partnerships with
regional 4-year colleges and universities to promote successful
transfer, such as articulation, 2+2, or reverse transfer agreements
or operation of a university center.
(c) For Category C, community services, the following:
(i) The community college provides continuing education
programming for leisure, wellness, personal enrichment, or
professional development.
(ii) The community college operates or sponsors opportunities
for community members to engage in activities that promote leisure,
wellness, cultural or personal enrichment such as community sports
teams, theater or musical ensembles, or artist guilds.
(iii) The community college operates public facilities to
promote cultural, educational, or personal enrichment for community
members, such as libraries, computer labs, performing arts centers,
museums, art galleries, or television or radio stations.
(iv) The community college operates public facilities to
promote leisure or wellness activities for community members,
including gymnasiums, athletic fields, tennis courts, fitness
centers, hiking or biking trails, or natural areas.
(v) The community college promotes, sponsors, or hosts
community service activities for students, staff, or community
members.
Sec. 236. (1) Subject to the conditions set forth in this
article,
the amounts listed in subsections (2) to (6) this section
are appropriated for higher education for the fiscal year ending
September
30, 2014, 2015, from the funds indicated in this section.
The
following is a summary of the appropriations in subsections (2)
to
(6):this section:
(a)
The gross appropriation is $1,430,573,500.00.
$1,516,496,300.00. After deducting total interdepartmental grants
and intradepartmental transfers in the amount of $0.00, the
adjusted gross appropriation is
$1,430,573,500.00.$1,516,496,300.00.
(b) The sources of the adjusted gross appropriation described
in subdivision (a) are as follows:
(i) Total federal revenues, $97,026,400.00.
(ii) Total local revenues, $0.00.
(iii) Total private revenues, $0.00.
(iv) Total other state restricted revenues,
$200,565,700.00.$204,567,900.00.
(v) State general fund/general purpose money,
$1,132,981,400.00.$1,214,902,000.00.
(2) Amounts appropriated for public universities are as
follows:
(a) The appropriation for Central Michigan University is
$73,486,600.00,
$71,352,300.00 $79,115,000.00,
$73,540,100.00 for
operations
and $2,134,300.00 $5,574,900.00
for performance funding.
,
appropriated from the following:
(i) State school aid fund, $11,284,600.00.
(ii) State general fund/general purpose money,
$62,202,000.00.
(b) The appropriation for Eastern Michigan University is
$67,255,600.00,
$66,466,700.00 $71,771,100.00,
$67,275,400.00 for
operations
and $788,900.00 $4,495,700.00
for performance funding. ,
appropriated
from the following:
(i) State school aid fund, $10,706,400.00.
(ii) State general fund/general purpose money,
$56,549,200.00.
(c) The appropriation for Ferris State University is
$45,602,600.00,
$44,250,700.00 $49,087,000.00,
$45,636,500.00 for
operations
and $1,351,900.00 $3,450,500.00
for performance funding.
,
appropriated from the following:
(i) State school aid fund, $6,846,800.00.
(ii) State general fund/general purpose money,
$38,755,800.00.
(d) The appropriation for Grand Valley State University is
$57,765,100.00,
$55,436,000.00 $63,136,000.00,
$57,823,500.00 for
operations
and $2,329,100.00 $5,312,500.00
for performance funding.
,
appropriated from the following:
(i) State school aid fund, $8,727,800.00.
(ii) State general fund/general purpose money,
$49,037,300.00.
(e) The appropriation for Lake Superior State University is
$12,226,500.00,
$12,046,100.00 $12,782,500.00,
$12,231,000.00 for
operations
and $180,400.00 $551,500.00
for performance funding. ,
appropriated
from the following:
(i) State school aid fund, $1,787,600.00.
(ii) State general fund/general purpose money,
$10,438,900.00.
(f) The appropriation for Michigan State University is
$305,775,000.00,
$245,037,000.00 $324,038,100.00,
$249,597,800.00
for
operations, $4,449,300.00 $14,831,300.00
for performance
funding,
$30,243,900.00 $32,027,900.00
for MSU AgBioResearch, and
$26,044,800.00
$27,581,100.00 for MSU extension. , appropriated
from
the following:
(i) State school aid fund, $39,949,900.00.
(ii) State general fund/general purpose money,
$265,825,100.00.
(g) The appropriation for Michigan Technological University is
$43,451,900.00,
$42,579,100.00 $45,923,100.00,
$43,473,800.00 for
operations
and $872,800.00 $2,449,300.00
for performance funding. ,
appropriated
from the following:
(i) State school aid fund, $6,748,900.00.
(ii) State general fund/general purpose money,
$36,703,000.00.
(h) The appropriation for Northern Michigan University is
$41,719,800.00,
$40,856,600.00 $44,277,200.00,
$41,741,400.00 for
operations
and $863,200.00 $2,535,800.00
for performance funding. ,
appropriated
from the following:
(i) State school aid fund, $6,356,900.00.
(ii) State general fund/general purpose money,
$35,362,900.00.
(i) The appropriation for Oakland University is
$45,634,800.00,
$44,964,100.00 $48,364,100.00,
$45,651,600.00 for
operations
and $670,700.00 $2,712,500.00
for performance funding. ,
appropriated
from the following:
(i) State school aid fund, $7,148,400.00.
(ii) State general fund/general purpose money,
$38,486,400.00.
(j) The appropriation for Saginaw Valley State University is
$25,982,800.00,
$25,656,700.00 $27,610,200.00,
$25,991,000.00 for
operations
and $326,100.00 $1,619,200.00
for performance funding. ,
appropriated
from the following:
(i) State school aid fund, $3,903,800.00.
(ii) State general fund/general purpose money,
$22,079,000.00.
(k) The appropriation for University of Michigan - Ann Arbor
is
$279,108,700.00, $274,156,700.00 $295,174,100.00,
$279,232,700.00
for operations and $4,952,000.00 $15,941,400.00 for
performance
funding. , appropriated from the following:
(i) State school aid fund, $44,536,300.00.
(ii) State general fund/general purpose money,
$234,572,400.00.
(l) The appropriation for University of Michigan – Dearborn is
$22,503,700.00,
$22,237,300.00 $23,689,300.00,
$22,510,400.00 for
operations
and $266,400.00 $1,178,900.00
for performance funding. ,
appropriated
from the following:
(i) State school aid fund, $3,482,100.00.
(ii) State general fund/general purpose money,
$19,021,600.00.
(m) The appropriation for University of Michigan – Flint is
$19,928,100.00,
$19,526,600.00 $21,337,700.00,
$19,938,200.00 for
operations
and $401,500.00 $1,399,500.00
for performance funding. ,
appropriated
from the following:
(i) State school aid fund, $2,942,900.00.
(ii) State general fund/general purpose money, $16,985,200.00.
(n) The appropriation for Wayne State University is
$183,933,000.00,
$190,519,800.00, $183,398,300.00 for operations
and
$534,700.00 $7,121,500.00 for performance funding. ,
appropriated
from the following:
(i) State school aid fund, $30,160,600.00.
(ii) State general fund/general purpose money,
$153,772,400.00.
(o) The appropriation for Western Michigan University is
$97,235,200.00,
$95,487,500.00 $102,742,000.00,
$97,279,000.00 for
operations
and $1,747,700.00 $5,463,000.00
for performance funding.
,
appropriated from the following:
(i) State school aid fund, $15,436,500.00.
(ii) State general fund/general purpose money,
$81,798,700.00.
(3) The amount appropriated in subsection (2) for public
universities is appropriated from the following:
(a) State school aid fund, $200,019,500.00.
(b) State general fund/general purpose money,
$1,199,547,700.00.
(4) (3)
The amount appropriated for
Michigan public school
employees' retirement system reimbursement is $2,446,200.00,
$446,200.00 appropriated from the state school aid fund and
$2,000,000.00 appropriated from general fund/general purpose money.
(5) For fiscal year 2014-2015 only, in addition to the amount
appropriated under subsection (4), $4,002,200.00 is appropriated
for Michigan public school employees' retirement system
reimbursement, appropriated from the state school aid fund.
(6) (4)
The amount appropriated for state
and regional
programs
is $2,200,000.00 $2,295,000.00
appropriated from general
fund/general purpose money and allocated as follows:
(a) College access program, $2,000,000.00.
(b) Higher education database modernization and conversion,
$105,000.00.$200,000.00.
(c) Midwestern higher education compact, $95,000.00.
(7) (5)
The amount appropriated for the
Martin Luther King,
Jr. - Cesar Chavez - Rosa Parks program is $2,691,500.00,
appropriated from general fund/general purpose money and allocated
as follows:
(a) Select student support services, $1,956,100.00.
(b) Michigan college/university partnership program,
$586,800.00.
(c) Morris Hood, Jr. educator development program,
$148,600.00.
(8) (6)
Subject to subsection (7), (9), the
amount
appropriated
for grants and financial aid is $101,626,400.00,
$105,494,200.00, allocated as follows:
(a) State competitive scholarships, $18,361,700.00.
(b)
Tuition grants, $31,664,700.00.$33,532,500.00.
(c)
Tuition incentive program, $47,000,000.00.$48,500,000.00.
(d) Children of veterans and officer's survivor tuition grant
programs, $1,400,000.00.
(e) Project GEAR-UP, $3,200,000.00.
(f) North American Indian tuition waivers, $500,000.00.
(9) (7)
The money appropriated in
subsection (6) (8) for
grants and financial aid is appropriated from the following:
(a) Federal revenues under the United States department of
education, office of elementary and secondary education, GEAR-UP
program, $3,200,000.00.
(b) Federal revenues under the social security act, temporary
assistance for needy families, $93,826,400.00.
(c) Contributions to children of veterans tuition grant
program, $100,000.00.
(d) State general fund/general purpose money,
$4,500,000.00.$8,367,800.00.
Sec. 236a. It is the intent of the legislature to provide
appropriations
for the fiscal year ending on September 30, 2015
2016
for the items listed in section 236.
The fiscal year 2014-2015
2015-2016 appropriations are anticipated to be the same as those
for
fiscal year 2013-2014, 2014-2015,
except that the amounts will
be adjusted for changes in caseload and related costs, federal fund
match rates, economic factors, and available revenue. These
adjustments
will be determined after the January 2014 2015
consensus revenue estimating conference.
Sec. 236b. In addition to the funds appropriated in section
236, there is appropriated for grants and financial aid in fiscal
year
2013-2014 2014-2015 an amount not to exceed $6,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred under section 393(2)
of the management and budget act, 1984 PA 431, MCL 18.1393, for
another purpose under this article.
Sec. 236c. In addition to the funds appropriated for fiscal
year
2013-2014 2014-2015 in section 236, appropriations to the
department of technology, management, and budget in the act
providing
general appropriations for fiscal year 2013-2014 2014-
2015 for state building authority rent, totaling an estimated
$125,370,600.00,
$124,825,300.00, provide funding for the state
share of costs for previously constructed capital projects for
state universities. These appropriations for state building
authority rent represent additional state general fund support
provided to public universities, and the following is an estimate
of the amount of that support to each university:
(a)
Central Michigan University, $9,155,600.00.$9,103,200.00.
(b)
Eastern Michigan University, $5,234,800.00.$4,861,700.00.
(c)
Ferris State University, $6,360,600.00.$6,252,200.00.
(d) Grand Valley State University,
$4,277,000.00.$4,252,500.00.
(e)
Lake Superior State University, $915,600.00.$1,112,900.00.
(f)
Michigan State University, $16,194,400.00.$16,101,200.00.
(g) Michigan Technological University,
$7,692,200.00.$7,444,600.00.
(h)
Northern Michigan University, $8,062,600.00.$8,016,400.00.
(i)
Oakland University, $10,791,500.00.$10,969,800.00.
(j) Saginaw Valley State University,
$9,833,700.00.$9,777,400.00.
(k) University of Michigan - Ann Arbor,
$9,212,000.00.$9,159,200.00.
(l) University of Michigan - Dearborn,
$6,332,400.00.$6,296,200.00.
(m) University of Michigan - Flint,
$2,871,400.00.$2,855,000.00.
(n)
Wayne State University, $13,079,500.00.$13,679,800.00.
(o) Western Michigan University,
$15,357,300.00.$14,943,200.00.
Sec. 241. (1) Subject to section 265a, the funds appropriated
in section 236 to public universities shall be paid out of the
state treasury and distributed by the state treasurer to the
respective institutions in 11 equal monthly installments on the
sixteenth of each month, or the next succeeding business day,
beginning
with October 16, 2013. 2014.
Except for Wayne State
University,
each institution shall accrue its July and August 2014
2015 payments to its institutional fiscal year ending June 30,
2014.2015.
(2) All public universities shall submit higher education
institutional data inventory (HEIDI) data and associated financial
and program information requested by and in a manner prescribed by
the state budget director. For public universities with fiscal
years
ending June 30, 2013, 2014,
these data shall be submitted to
the
state budget director by October 15, 2013. 2014. Public
universities
with a fiscal year ending September 30, 2013 2014
shall
submit preliminary HEIDI data by November 15, 2013 2014 and
final
data by December 15, 2013. 2014.
If a public university fails
to submit HEIDI data and associated financial aid program
information in accordance with this reporting schedule, the state
treasurer may withhold the monthly installments under subsection
(1) to the public university until those data are submitted.
Sec.
245. (1) Within 30 days after the board of a public
university
adopts its annual operating budget for the following
school
fiscal year, or after the board adopts a subsequent revision
to
that budget, the A public university shall make all of the
following
maintain a public
transparency website available through
a
link on its website homepage. : The
public university shall
update this website within 30 days after the university's governing
board adopts its annual operating budget for the next academic
year, or after the governing board adopts a subsequent revision to
that budget.
(2) The website required under subsection (1) shall include
all of the following concerning the public university:
(a) The annual operating budget and subsequent budget
revisions.
(b) A summary of current expenditures for the most recent
fiscal year for which they are available, expressed as pie charts
in the following 2 categories:
(i) A chart of personnel expenditures, broken into the
following subcategories:
(A) Earnings and wages.
(B) Employee benefit costs, including, but not limited to,
medical, dental, vision, life, disability, and long-term care
benefits.
(C) Retirement benefit costs.
(D) All other personnel costs.
(ii) A chart of all current expenditures the public university
reported as part of its higher education institutional data
inventory data under section 241(2), broken into the same
subcategories in which it reported those data.
(c) Links to all of the following for the public university:
(i) The current collective bargaining agreement for each
bargaining unit.
(ii) Each health care benefits plan, including, but not
limited to, medical, dental, vision, disability, long-term care, or
any other type of benefits that would constitute health care
services, offered to any bargaining unit or employee of the public
university.
(iii) Audits and financial reports for the most recent fiscal
year for which they are available.
(iv) Campus security policies and crime statistics pursuant to
the student right-to-know and campus security act, Public Law 101-
542, 104 Stat. 2381. Information shall include all material
prepared pursuant to the public information reporting requirements
under the crime awareness and campus security act of 1990, title II
of the student right-to-know and campus security act, Public Law
101-542, 104 Stat. 2381.
(d) A list of all positions funded partially or wholly through
institutional general fund revenue that includes the position title
and annual salary or wage amount for each position.
(e) General fund revenue and expenditure projections for the
current
fiscal year 2013-2014 and the next fiscal
year. 2014-2015.
(f) A listing of all debt service obligations, detailed by
project,
anticipated fiscal year 2013-2014 payment for each
project, and total outstanding debt for the current fiscal year.
(g) The institution's policy regarding the transferability of
core college courses between community colleges and the university.
(h) A listing of all community colleges that have entered into
reverse transfer agreements with the university.
(3) (2)
A On the website required
under subsection (1), a
public university shall provide a dashboard or report card
demonstrating the university's performance in several "best
practice" measures. The dashboard or report card shall include at
least
all of the following for the 3 most recent school academic
years for which the data are available:
(a) Enrollment.
(b) Student retention rate.
(c) Six-year graduation rates.
(d) Number of Pell grant recipients and graduating Pell grant
recipients.
(e) Geographic origination of students, categorized as in-
state, out-of-state, and international.
(f) Faculty to student ratios and total university employee to
student ratios.
(g) Teaching load by faculty classification.
(h) Graduation outcome rates, including employment and
continuing education.
(4) (3)
For statewide consistency and
public visibility,
public universities must use the icon badge provided by the
department of technology, management, and budget consistent with
the icon badge developed by the department of education for K-12
school districts. It must appear on the front of each public
university's homepage. The size of the icon may be reduced to 150 x
150 pixels. The font size and style for this reporting must be
consistent with other documents on each university's website.
(5) (4)
The state budget director shall
determine whether a
public university has complied with this section. The state budget
director may withhold a public university's monthly installments
described in section 241 until the public university complies with
this section.
(6) By November 15 of each year, a public university shall
report the following information to the center for educational
performance and information and post the information on its website
under the budget transparency icon badge:
(a) Opportunities for earning college credit through the
following programs:
(i) State approved career and technical education or a tech
prep articulated program of study.
(ii) Direct college credit or concurrent enrollment.
(iii) Dual enrollment.
(iv) An early college/middle college program.
(b) For each program described in subdivision (a) that the
public university offers, all of the following information:
(i) The number of high school students participating in the
program.
(ii) The number of school districts that participate in the
program with the public university.
(iii) Whether a university professor, qualified local school
district employee, or other individual teaches the course or
courses in the program.
(iv) The total cost to the public university to operate the
program.
(v) The cost per credit hour for the course or courses in the
program.
(vi) The location where the course or courses in the program
are held.
(vii) Instructional resources offered to the program
instructors.
(viii) Resources offered to the student in the program.
(ix) Transportation services provided to students in the
program.
Sec. 246. (1) The funds appropriated in section 236 for
Michigan public school employees' retirement system reimbursement
shall be allocated to each participating public university under
this
section based on each participating public university's total
retiree
health care premiums paid for Michigan public school
employees'
retirement system retirants in proportion to the total
retiree
health care premiums paid for Michigan public school
employees'
retirement system retirants for all participating public
universities
percentage of the total
combined payrolls of the
universities' employees who are members of the retirement system
and who were hired before January 1, 1996 and the universities'
employees who would have been members of the retirement system on
or after January 1, 1996, but for the enactment of 1995 PA 272 for
all public universities that are participating public universities
for the immediately preceding state fiscal year. Payments shall be
made in a form and manner determined by the office of retirement
services. A public university that receives money under this
section shall use that money solely for the purpose of offsetting a
portion of the retirement contributions owed by the university.
(2) As used in this section, "participating public university"
means a public university that is a reporting unit of the Michigan
public school employees' retirement system under the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to
38.1408,
and that pays retiree health care premiums contributions
to the Michigan public school employees' retirement system for the
state fiscal year.
Sec. 252. (1) The amounts appropriated in section 236 for the
state tuition grant program shall be distributed pursuant to 1966
PA 313, MCL 390.991 to 390.997a.
(2) Tuition grant awards shall be made to all eligible
Michigan residents enrolled in undergraduate degree programs who
are
qualified and who apply before July 1
, 2012 for the 2012-2013
school
year or July 1, 2013 for the 2013-2014 school year, as
applicable.of each year for the next academic year.
(3) Pursuant to section 5 of 1966 PA 313, MCL 390.995, and
subject
to subsection subsections (7)
and (8), the department of
treasury shall determine an actual maximum tuition grant award per
student, which shall be no less than $1,512.00, that ensures that
the aggregate payments for the tuition grant program do not exceed
the appropriation contained in section 236 for the state tuition
grant program. If the department determines that insufficient funds
are available to establish a maximum award amount equal to at least
$1,512.00, the department shall immediately report to the house and
senate appropriations subcommittees on higher education, the house
and senate fiscal agencies, and the state budget director regarding
the estimated amount of additional funds necessary to establish a
$1,512.00 maximum award amount. If the department determines that
sufficient funds are available to establish a maximum award amount
equal to at least $1,512.00, the department shall immediately
report to the house and senate appropriations subcommittees on
higher education, the house and senate fiscal agencies, and the
state budget director regarding the maximum award amount
established and the projected amount of any projected year-end
appropriation balance based on that maximum award amount. By
December 15, and again by February 18 of each fiscal year, the
department shall analyze the status of award commitments, shall
make any necessary adjustments, and shall confirm that those award
commitments will not exceed the appropriation contained in section
236 for the tuition grant program. The determination and actions
shall be reported to the state budget director and the house and
senate fiscal agencies no later than the final day of February of
each year. If award adjustments are necessary, the students shall
be notified of the adjustment by March 4 of each year.
(4)
Any unexpended and unencumbered funds remaining on
September
30, 2013 from the amounts appropriated in section 236 for
the
tuition grant program for fiscal year 2012-2013 shall not lapse
on
September 30, 2013, but shall continue to be available for
expenditure
for tuition grants provided in the 2013-2014 fiscal
year
under a work project account. The use of these unexpended
fiscal
year 2012-2013 funds shall terminate at the end of the 2013-
2014
fiscal year. Any unexpended and
unencumbered funds remaining
on
September 30, 2014 2015 from the amounts appropriated in section
236
for the tuition grant program for fiscal year 2013-2014 2014-
2015
shall not lapse on September 30, 2014,
2015, but shall
continue to be available for expenditure for tuition grants
provided
in the 2014-2015 2015-2016
fiscal year under a work
project
account. The use of these unexpended fiscal year 2013-2014
2014-2015
funds shall terminate at the end of the
2014-2015 2015-
2016 fiscal year.
(5) The department of treasury shall continue a proportional
tuition grant maximum award level for recipients enrolled less than
full-time in a given semester or term.
(6) If the department of treasury increases the maximum award
per eligible student from that provided in the previous fiscal
year, it shall not have the effect of reducing the number of
eligible students receiving awards in relation to the total number
of eligible applicants. Any increase in the maximum grant shall be
proportional for all eligible students receiving awards for that
fiscal year.
(7)
In any fiscal year, Except
as provided in subsection (4),
the
department of treasury shall not award more than $3,000,000.00
$3,200,000.00 in tuition grants to eligible students enrolled in
the same independent nonprofit college or university in this state.
Any decrease in the maximum grant shall be proportional for all
eligible students enrolled in that college or university, as
determined by the department.
(8) The department of treasury shall not award tuition grants
to otherwise eligible students enrolled in an independent college
or university that does not report, in a form and manner directed
by and satisfactory to the department of treasury, by August 31 of
each year, beginning with August 31, 2015, all of the following:
(a) The number of students in the most recently completed
academic year that received a state tuition grant and successfully
completed a program or graduated.
(b) The number of students in the most recently completed
academic year that received a state tuition grant and took a
remedial education class.
(c) The number of students in the most recently completed
academic year that received a Pell grant and successfully completed
a program or graduated.
Sec. 256. (1) The funds appropriated in section 236 for the
tuition incentive program shall be distributed as provided in this
section and pursuant to the administrative procedures for the
tuition incentive program of the department of treasury.
(2) As used in this section:
(a) "Phase I" means the first part of the tuition incentive
assistance program defined as the academic period of 80 semester or
120 term credits, or less, leading to an associate degree or
certificate.
(b) "Phase II" means the second part of the tuition incentive
assistance program which provides assistance in the third and
fourth year of 4-year degree programs.
(c) "Department" means the department of treasury.
(3) An individual shall meet the following basic criteria and
financial thresholds to be eligible for tuition incentive benefits:
(a) To be eligible for phase I, an individual shall meet all
of the following criteria:
(i) Apply for certification to the department any time after
he
or she begins the sixth grade but before
graduating August 31 of
the school year in which he or she graduates from high school or
before
completing the a general
education development (GED)
certificate.
(ii) Be less than 20 years of age at the time he or she
graduates from high school with a diploma or certificate of
completion
or completes his or her GED.a
general education
development certificate.
(iii) Be a United States citizen and a resident of Michigan
according to institutional criteria.
(iv) Be at least a half-time student, earning less than 80
semester or 120 term credits at a participating educational
institution
within 4 years of high school graduation or GED
certificate
completion.completion of a
general education
development certificate.
(v) Request information on filing a FAFSA.
(vi) Must meet the satisfactory academic progress policy of
the educational institution he or she attends.
(b) To be eligible for phase II, an individual shall meet
either of the following criteria in addition to the criteria in
subdivision (a):
(i) Complete at least 56 transferable semester or 84
transferable term credits.
(ii) Obtain an associate degree or certificate at a
participating institution.
(c) To be eligible for phase I or phase II, an individual must
not be incarcerated and must be financially eligible as determined
by the department. An individual is financially eligible for the
tuition incentive program if he or she was eligible for Medicaid
from the state of Michigan for 24 months within the 36 months
before application. The department shall accept certification of
Medicaid eligibility only from the department of human services for
the purposes of verifying if a person is Medicaid eligible for 24
months within the 36 months before application. Certification of
eligibility may begin in the sixth grade. As used in this
subdivision, "incarcerated" does not include detention of a
juvenile in a state-operated or privately operated juvenile
detention facility.
(4) For phase I, the department shall provide payment on
behalf of a person eligible under subsection (3). The department
shall reject billings that are excessive or outside the guidelines
for the type of educational institution.
(5) For phase I, all of the following apply:
(a) Payments for associate degree or certificate programs
shall not be made for more than 80 semester or 120 term credits for
any individual student at any participating institution.
(b) For persons enrolled at a Michigan community college, the
department shall pay the current in-district tuition and mandatory
fees. For persons residing in an area that is not included in any
community college district, the out-of-district tuition rate may be
authorized.
(c) For persons enrolled at a Michigan public university, the
department shall pay lower division resident tuition and mandatory
fees for the current year.
(d) For persons enrolled at a Michigan independent, nonprofit
degree-granting college or university, or a Michigan federal
tribally controlled community college, or Focus: HOPE, the
department shall pay mandatory fees for the current year and a per-
credit payment that does not exceed the average community college
in-district per-credit tuition rate as reported on August 1, for
the immediately preceding academic year.
(6) A person participating in phase II may be eligible for
additional funds not to exceed $500.00 per semester or $400.00 per
term up to a maximum of $2,000.00 subject to the following
conditions:
(a) Credits are earned in a 4-year program at a Michigan
degree-granting 4-year college or university.
(b) The tuition reimbursement is for coursework completed
within 30 months of completion of the phase I requirements.
(7) The department shall work closely with participating
institutions to develop an application and eligibility
determination process that will provide the highest level of
participation and ensure that all requirements of the program are
met.
(8) Applications for the tuition incentive program may be
approved at any time after the student begins the sixth grade. If a
determination of financial eligibility is made, that determination
is valid as long as the student meets all other program
requirements and conditions.
(9) Each institution shall ensure that all known available
restricted grants for tuition and fees are used prior to billing
the tuition incentive program for any portion of a student's
tuition and fees.
(10) The department shall ensure that the tuition incentive
program is well publicized and that eligible Medicaid clients are
provided information on the program. The department shall provide
the necessary funding and staff to fully operate the program.
Sec. 263. (1) Included in the appropriation in section 236 for
fiscal year 2014-2015 for MSU AgBioResearch is $2,982,900.00 and
included in the appropriation in section 236 for MSU extension is
$2,645,200.00 for project GREEEN. Project GREEEN is intended to
address critical regulatory, food safety, economic, and
environmental problems faced by this state's plant-based
agriculture, forestry, and processing industries. "GREEEN" is an
acronym for generating research and extension to meet environmental
and economic needs.
(2) The department of agriculture and rural development and
Michigan State University, in consultation with agricultural
commodity groups and other interested parties, shall develop
project GREEEN and its program priorities.
Sec. 263a. (1) Not later than September 30 of each year,
Michigan State University shall submit a report on MSU
AgBioResearch and MSU extension to the house and senate
appropriations subcommittees on agriculture and on higher
education, the house and senate standing committees on agriculture,
the house and senate fiscal agencies, and the state budget director
for
the preceding school academic
fiscal year.
(2) The report required under subsection (1) shall include all
of the following:
(a) Total funds expended by MSU AgBioResearch and by MSU
extension service identified by state, local, private, federal, and
university fund sources.
(b) The metric goals that were used to evaluate the impacts of
programs operated by MSU extension and MSU AgBioResearch. It is the
intent of the legislature that the following metric goals will be
used to evaluate the impacts of those programs:
(i) Increasing the number of agriculture and food-related
firms collaborating with and using services of research and
extension faculty and staff by 3% per year.
(ii) Increasing the number of individuals utilizing MSU
extension's educational services by 5% per year.
(iii) Increasing external funds generated in support of
research and extension, beyond state appropriations, by 10% over
the amounts generated in the past 3 state fiscal years.
(iv) Increasing the sector's total economic impact from
today's $71,000,000,000.00 to $100,000,000,000.00.
(v) Doubling Michigan's agricultural exports from
$1,750,000,000.00 to $3,500,000,000.00.
(vi) Increasing jobs in the food and agriculture sector by
10%.
(vii) Improving access by Michigan consumers to healthy foods
by 20%.
(c) A review of major programs within both MSU AgBioResearch
and MSU extension with specific reference to accomplishments,
impacts, and the metrics described in subdivision (b), including a
specific accounting of Project GREEEN expenditures and the impact
of those expenditures.
Sec. 264. Included in the appropriation in section 236 for
fiscal
year 2013-2014 2014-2015 for Michigan State University is
$80,000.00 for the Michigan future farmers of America association.
This $80,000.00 allocation shall not supplant any existing support
that Michigan State University provides to the Michigan future
farmers of America association.
Sec. 265. (1) Payments under section 265a for performance
funding shall only be made to a public university that certifies to
the
state budget director by August 31, 2013 2014 that its board
did not adopt an increase in tuition and fee rates for resident
undergraduate
students after September 1, 2012 2013 for the 2012-
2013
2013-2014 academic year and that its board will not adopt an
increase in tuition and fee rates for resident undergraduate
students
for the 2013-2014 2014-2015
academic year that is greater
than
3.75%. 3.2%. As used in this subsection:
(a) Subject to subdivision (c), "fee" means any board-
authorized fee that will be paid by more than 1/2 of all resident
undergraduate students at least once during their enrollment at a
public university. A university increasing a fee that applies to a
specific subset of students or courses shall provide sufficient
information to prove that the increase applied to that subset will
not cause the increase in the average amount of board-authorized
total tuition and fees paid by resident undergraduate students in
the
2013-2014 2014-2015 academic year to exceed the limit
established in this subsection.
(b) "Tuition and fee rate" means the average of full-time
rates for all undergraduate classes, based on an average of the
rates authorized by the university board and actually charged to
students, deducting any uniformly-rebated or refunded amounts, for
the 2 semesters with the highest levels of full-time equated
resident undergraduate enrollment during the academic year.
(c) For purposes of subdivision (a), for a public university
that compels resident undergraduate students to be covered by
health insurance as a condition to enroll at the university, "fee"
includes the annual amount a student is charged for coverage by the
university-affiliated group health insurance policy if he or she
does not provide proof that he or she is otherwise covered by
health insurance. This subdivision does not apply to limited
subsets of resident undergraduate students to be covered by health
insurance for specific reasons other than general enrollment at the
university.
(2) The state budget director shall implement uniform
reporting requirements to ensure that a public university receiving
a payment under section 265a for performance funding has satisfied
the tuition restraint requirements of this section. The state
budget director shall have the sole authority to determine if a
public university has met the requirements of this section.
Information reported by a public university to the state budget
director under this subsection shall also be reported to the house
and senate appropriations subcommittees on higher education and the
house and senate fiscal agencies.
Sec. 265a. (1) Appropriations to public universities in
section 236 for fiscal year 2014-2015 for performance funding shall
be paid only to a public university that complies with section 265
and certifies to the state budget director, the house and senate
appropriations subcommittees on higher education, and the house and
senate
fiscal agencies by August 31, 2013 2014 that it complies
with all of the following requirements:
(a) The university participates in reverse transfer agreements
described in section 286 with at least 3 Michigan community
colleges or has made a good-faith effort to enter into reverse
transfer agreements.
(b) The university does not and will not consider whether dual
enrollment credits earned by an incoming student were utilized
towards his or her high school graduation requirements when making
a determination as to whether those credits may be used by the
student toward completion of a university degree or certificate
program.
(c) The university participates in the Michigan transfer
network created as part of the Michigan association of collegiate
registrars and admissions officers transfer agreement.
(2) Any performance funding amounts under section 236 that are
not paid to a public university because it did not comply with 1 or
more requirements under subsection (1) are unappropriated and
reappropriated for performance funding to those public universities
that meet the requirements under subsection (1), distributed in
proportion to their performance funding appropriation amounts under
section 236.
(3) The state budget director shall report to the house and
senate appropriations subcommittees on higher education and the
house
and senate fiscal agencies by September 17, 2013, 2014,
regarding any performance funding amounts that are not paid to a
public university because it did not comply with 1 or more
requirements under subsection (1) and any reappropriation of funds
under subsection (2).
(4) Performance funding amounts described in section 236 are
distributed based on the following formula:
(a) Proportional to each university's share of total
operations funding appropriated in fiscal year 2010-2011, 50.0%.
(b) (a)
Based on weighted undergraduate
completions in
critical
skills areas, 22.2%.11.1%.
(c) (b)
Based on research and development
expenditures, for
universities classified in Carnegie classifications as
doctoral/research universities, research universities (high
research activity), or research universities (very high research
activity)
only, 11.1%.5.6%.
(d) (c)
Based on 6-year graduation rate,
total degree
completions, and institutional support as a percentage of core
expenditures, and students receiving Pell grants, scored against
national Carnegie classification peers and weighted by total
undergraduate
fiscal year equated students, 66.7%. 33.3%.
(5) For purposes of determining the score of a university
under
subsection (4)(c), (4)(d),
each university is assigned 1 of
the following scores:
(a) A university classified as in the top 20%, a score of 3.
(b) A university classified as above national median, a score
of 2.
(c) A university classified as improving, a score of 2. It is
the
intent of the legislature that, beginning in the 2014-2015
2015-2016 state fiscal year, a university classified as improving
is assigned a score of 1.
(d) A university that is not included in subdivision (a), (b),
or (c), a score of 0.
(6) For purposes of this section, "Carnegie classification"
shall mean the basic classification of the university according to
the most recent version of the Carnegie classification of
institutions of higher education, published by the Carnegie
foundation for the advancement of teaching.
Sec. 267. All public universities shall submit the amount of
tuition and fees actually charged to a full-time resident
undergraduate
student for academic year 2013-2014 2014-2015 as part
of their higher education institutional data inventory (HEIDI) data
by August 31 of each year. A public university shall report any
revisions
for any semester of the reported academic year 2013-2014
2014-2015 tuition and fee charges to HEIDI within 15 days of being
adopted.
Sec.
268. (1) For the fiscal year ending September 30, 2013,
2014, it is the intent of the legislature that funds be allocated
for unfunded North American Indian tuition waiver costs incurred by
public universities under 1976 PA 174, MCL 390.1251 to 390.1253,
from the general fund.
(2) Appropriations in section 236(8)(f) for North American
Indian tuition waivers shall be paid to universities under section
2a of 1976 PA 174, MCL 390.1252a. Allocations shall be adjusted for
amounts included in university operations appropriations. If funds
are insufficient to support the entire cost of waivers, amounts
shall be prorated.
(3) (2)
By February 15 of each year, the
department of civil
rights shall annually submit to the state budget director, the
house and senate appropriations subcommittees on higher education,
and
the house and senate fiscal agencies for the preceding fiscal
year
a report on North American Indian
tuition waivers for the
preceding fiscal year that includes, but is not limited to, all of
the following information for each postsecondary institution:
(a) The total number of waiver applications.
(b) The total number of waivers granted and the monetary value
of each waiver.
(c) The number of students who withdraw from classes.
(d) The number of students who successfully complete a degree
or certificate program and the 6-year graduation rate.
Sec.
269. For fiscal year 2013-2014, 2014-2015,
from the
amount appropriated in section 236 to Central Michigan University
for operations, $29,700.00 shall be paid to Saginaw Chippewa Tribal
College for the costs of waiving tuition for North American Indians
under 1976 PA 174, MCL 390.1251 to 390.1253.
Sec.
270. For fiscal year 2013-2014 2014-2015
from the amount
appropriated in section 236 to Lake Superior State University for
operations, $100,000.00 shall be paid to Bay Mills Community
College for the costs of waiving tuition for North American Indians
under 1976 PA 174, MCL 390.1251 to 390.1253.
Sec. 271a. It is the intent of the legislature that a public
university that receives funds under section 236 shall not
knowingly and directly use any portion of those funds to offer any
instructional activity that targets specific companies or specific
groups of companies for unionization or decertification of a union.
Sec.
272a. By February 15, 2014, of
each year, each public
university receiving funds under section 236 shall submit a report
to the house and senate appropriations subcommittees on higher
education, the house and senate fiscal agencies, and the state
budget director regarding the rejection of transfer credits by the
university in the prior year. The report shall include information
on the number of credits earned by incoming resident students at
other postsecondary institutions in this state, with the equivalent
of a letter grade of C or higher, that were rejected by the
university for transfer, reported by both academic program area and
prior institution, along with explanatory information regarding the
rationale for the rejection of the credits. Data may be reported on
either an academic or calendar year basis.
Sec. 273. It is the intent of the legislature that each public
university shall submit a report to the house and senate
appropriations committees, the house and senate fiscal agencies,
and
the state budget director by October 15, 2013, 2014, on
the
university's efforts to accommodate the sincerely held religious
beliefs of students enrolled in accredited counseling degree
programs at the university.
Sec. 274. It is the intent of the legislature that public and
private organizations that conduct human embryonic stem cell
derivation subject to section 27 of article I of the state
constitution of 1963 will provide information to the director of
the
department of community health by December 1, 2013 2014 that
includes all of the following:
(a) Documentation that the organization conducting human
embryonic stem cell derivation is conducting its activities in
compliance with the requirements of section 27 of article I of the
state constitution of 1963 and all relevant national institutes of
health guidelines pertaining to embryonic stem cell derivation.
(b) A list of all human embryonic stem cell lines submitted by
the organization to the national institutes of health for inclusion
in the human embryonic stem cell registry before and during fiscal
year
2012-2013, 2013-2014, and the status of each submission as
approved, pending approval, or review completed but not yet
accepted.
(c) Number of human embryonic stem cell lines derived and not
submitted for inclusion in the human embryonic stem cell registry,
before
and during fiscal year 2012-2013.2013-2014.
Sec. 274a. (1) It is the intent of the legislature that a
public university that receives funds in section 236 not provide
health insurance or other fringe benefits for any adult coresident
of an employee of the university who is not married to or a
dependent of that employee or for any dependent of such an adult
coresident.
(2) It is the intent of the legislature that each public
university receiving funds in section 236 submit a report by
December
1, 2013 2014 to the house and senate appropriations
subcommittees on higher education, the house and senate fiscal
agencies, and the state budget director containing the number of
individuals described in subsection (1) who received health
insurance or other fringe benefits provided by the university in
fiscal
year 2012-2013 2013-2014 and the cost to the university of
providing those benefits.
Sec. 275. (1) It is the intent of the legislature that each
public university that receives an appropriation in section 236 do
all of the following:
(a) Meet the provisions of section 5003 of the post-911
veterans educational assistance act of 2008, 38 USC 3301 to 3324,
including voluntary participation in the yellow ribbon GI education
enhancement program established in that act in 38 USC 3317. By
October 1 of each year, each public university shall report to the
house and senate appropriations subcommittees on higher education,
the house and senate fiscal agencies, and the presidents council,
state universities of Michigan on whether or not it has chosen to
participate in the yellow ribbon GI education enhancement program.
If at any time during the fiscal year a university participating in
the yellow ribbon program chooses to leave the yellow ribbon
program, it shall notify the house and senate appropriations
subcommittees on higher education, the house and senate fiscal
agencies, and the presidents council, state universities of
Michigan.
(b) Establish an on-campus veterans' liaison to provide
information and assistance to all student veterans.
(c) Provide flexible enrollment application deadlines for all
veterans.
(d) Include in its admission application process a specific
question as to whether an applicant for admission is a veteran, an
active member of the military, a member of the national guard or
military reserves, or the spouse or dependent of a veteran, active
member of the military, or member of the national guard or military
reserves, in order to more quickly identify potential educational
assistance available to that applicant.
(e) Consider all veterans residents of this state for
determining their tuition rates and fees.
(f) Waive enrollment fees for all veterans.
(2) By October 1 of each year, each public university shall
report to the house and senate appropriations subcommittees on
higher education, the house and senate fiscal agencies, and the
department of military and veterans affairs regarding services
provided specifically to veterans and active military duty
personnel, including, but not limited to, the services described in
subsection (1).
(3) (2)
As used in this section,
"veteran" means an honorably
discharged veteran entitled to educational assistance under the
provisions of section 5003 of the post-911 veterans educational
assistance act of 2008, 38 USC 3301 to 3324.
Sec. 276. (1) Included in the appropriation for fiscal year
2013-2014
2014-2015 for each public university in section 236 is
funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks
future faculty program that is intended to increase the pool of
academically or economically disadvantaged candidates pursuing
faculty teaching careers in postsecondary education. Preference may
not be given to applicants on the basis of race, color, ethnicity,
gender, or national origin. Institutions should encourage
applications from applicants who would otherwise not adequately be
represented in the graduate student and faculty populations. Each
public university shall apply the percentage change applicable to
every public university in the calculation of appropriations in
section 236 to the amount of funds allocated to the future faculty
program.
(2) The program shall be administered by each public
university in a manner prescribed by the workforce development
agency. The workforce development agency shall use a good faith
effort standard to evaluate whether a fellowship is in default.
Sec. 277. (1) Included in the appropriation for fiscal year
2013-2014
2014-2015 for each public university in section 236 is
funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks
college day program that is intended to introduce academically or
economically disadvantaged schoolchildren to the potential of a
college education. Preference may not be given to participants on
the basis of race, color, ethnicity, gender, or national origin.
Public universities should encourage participation from those who
would otherwise not adequately be represented in the student
population.
(2) Individual program plans of each public university shall
include a budget of equal contributions from this program, the
participating public university, the participating school district,
and the participating independent degree-granting college. College
day funds shall not be expended to cover indirect costs. Not more
than 20% of the university match shall be attributable to indirect
costs. Each public university shall apply the percentage change
applicable to every public university in the calculation of
appropriations in section 236 to the amount of funds allocated to
the college day program.
(3) The program described in this section shall be
administered by each public university in a manner prescribed by
the workforce development agency.
Sec.
278. (1) Included in section 236 for fiscal year 2013-
2014
2014-2015 is funding for the Martin Luther King, Jr. - Cesar
Chavez - Rosa Parks select student support services program for
developing academically or economically disadvantaged student
retention programs for 4-year public and independent educational
institutions in this state. Preference may not be given to
participants on the basis of race, color, ethnicity, gender, or
national origin. Institutions should encourage participation from
those who would otherwise not adequately be represented in the
student population.
(2) An award made under this program to any 1 institution
shall not be greater than $150,000.00, and the amount awarded shall
be matched on a 70% state, 30% college or university basis.
(3) The program described in this section shall be
administered by the workforce development agency.
Sec.
279. (1) Included in section 236 for fiscal year 2013-
2014
2014-2015 is funding for the Martin Luther King, Jr. - Cesar
Chavez - Rosa Parks college/university partnership program between
4-year public and independent colleges and universities and public
community colleges, which is intended to increase the number of
academically or economically disadvantaged students who transfer
from community colleges into baccalaureate programs. Preference may
not be given to participants on the basis of race, color,
ethnicity, gender, or national origin. Institutions should
encourage participation from those who would otherwise not
adequately be represented in the transfer student population.
(2) The grants shall be made under the program described in
this section to Michigan public and independent colleges and
universities. An award to any 1 institution shall not be greater
than $150,000.00, and the amount awarded shall be matched on a 70%
state, 30% college or university basis.
(3) The program described in this section shall be
administered by the workforce development agency.
Sec. 280. (1) Included in the appropriation for fiscal year
2013-2014
2014-2015 for each public university in section 236 is
funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks
visiting professors program which is intended to increase the
number of instructors in the classroom to provide role models for
academically or economically disadvantaged students. Preference may
not be given to participants on the basis of race, color,
ethnicity, gender, or national origin. Public universities should
encourage participation from those who would otherwise not
adequately be represented in the student population.
(2) The program described in this section shall be
administered by the workforce development agency.
Sec. 281. (1) Included in the appropriation for fiscal year
2013-2014
2014-2015 in section 236 is funding under the Martin
Luther King, Jr. - Cesar Chavez - Rosa Parks initiative for the
Morris Hood, Jr. educator development program which is intended to
increase the number of academically or economically disadvantaged
students who enroll in and complete K-12 teacher education programs
at the baccalaureate level. Preference may not be given to
participants on the basis of race, color, ethnicity, gender, or
national origin. Institutions should encourage participation from
those who would otherwise not adequately be represented in the
teacher education student population.
(2) The program described in this section shall be
administered by each state-approved teacher education institution
in a manner prescribed by the workforce development agency.
(3) Approved teacher education institutions may and are
encouraged to use student support services funding in coordination
with the Morris Hood, Jr. funding to achieve the goals of the
program described in this section.
Sec. 282. Each institution receiving funds under section 278,
279, or 281 shall notify the workforce development agency by April
15,
2014 of each year as to whether it will expend by the end of
its fiscal year the funds received under section 278, 279, or 281.
Notwithstanding the award limitations in sections 278 and 279, the
amount of funding reported as not being expended will be
reallocated to the institutions that intend to expend all funding
received under section 278, 279, or 281.
Sec. 283. (1) From the amount appropriated in section 236, the
public universities shall systematically inform Michigan high
schools regarding the academic status of students from each high
school in a manner prescribed by the presidents council, state
universities of Michigan in cooperation with the Michigan
association of secondary school principals. Public universities
shall also work with the center for educational performance and
information
to design and implement maintain
a systematic approach
for accomplishing this task.
(2) Michigan high schools shall systematically inform the
public universities about the use of information received under
this section in a manner prescribed by the Michigan association of
secondary school principals in cooperation with the presidents
council, state universities of Michigan.
Sec. 284. From the amount appropriated in section 236, the
public universities shall inform Michigan community colleges
regarding the academic status of community college transfer
students in a manner prescribed by the presidents council, state
universities of Michigan in cooperation with the Michigan community
college association. Public universities shall also work with the
center
for educational performance and information to design and
implement
maintain a systematic approach for accomplishing this
task.
Enacting section 1. (1) In accordance with section 30 of
article IX of the state constitution of 1963, total state spending
on school aid under 2013 PA 60, 2013 PA 130, 2014 PA 116, and this
amendatory act from state sources for fiscal year 2013-2014 is
estimated at $11,506,132,300.00 and state appropriations for school
aid to be paid to local units of government for fiscal year 2013-
2014 are estimated at $11,343,224,700.00. In accordance with
section 30 of article I of the state constitution of 1963, total
state spending on school aid under article I as amended by this
amendatory act from state sources for fiscal year 2014-2015 is
estimated at $12,062,162,900.00 and state appropriations for school
aid to be paid to local units of government for fiscal year 2014-
2015 are estimated at $11,905,777,600.00.
(2) In accordance with section 30 of article IX of the state
constitution of 1963, total state spending from state sources for
community colleges for fiscal year 2014-2015 under article II is
estimated at $364,724,900.00 and the amount of that state spending
from state sources to be paid to local units of government for
fiscal year 2014-2015 is estimated at $364,724,900.00.
(3) In accordance with section 30 of article IX of the state
constitution of 1963, total state spending from state sources for
higher education for fiscal year 2014-2015 under article III is
estimated at $1,419,469,900.00 and the amount of that state
spending from state sources to be paid to local units of government
for fiscal year 2014-2015 is estimated at $0.
Enacting section 2. Sections 22k, 64a, 82, 95, and 229b of the
state school aid act of 1979, 1979 PA 94, MCL 388.1622k, 388.1664a,
388.1682, 388.1695, and 388.1829b, are repealed.
Enacting section 3. (1) Except as otherwise provided in
subsection (2), this amendatory act takes effect October 1, 2014.
(2) Sections 11, 22i, 41, and 101 of the state school aid act
of 1979, 1979 PA 94, MCL 388.1611, 388.1622i, 388.1641, and
388.1701, as amended by this amendatory act, and section 104c of
the state school aid act of 1979, 1979 PA 94, MCL 388.1704c, as
added by this amendatory act, take effect upon enactment of this
amendatory act.