May 14, 2013, Introduced by Rep. Olumba and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 504 (MCL 380.504), as amended by 2011 PA 277
and by adding section 505b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 504. (1) A public school academy may be located in all or
part of an existing public school building. A public school academy
shall not operate at a site other than the site or sites requested
for the configuration of age or grade levels that will use the site
or sites, as specified in the contract. Under a contract, an
authorizing body may permit a public school academy to operate the
same configuration of age or grade levels at more than 1 site, and
a public school academy may operate the same configuration of age
or grade levels at more than 1 site, as long as the public school
academy is operating in compliance with its contract and is making
measurable progress toward meeting its educational goals. For a
contract for a new public school academy, an authorizing body may
permit a public school academy to operate the same configuration of
age or grade levels at more than 1 site, and a public school
academy may operate the same configuration of age or grade levels
at more than 1 site, if the applicant for the proposed public
school academy presents documentation to the authorizing body
demonstrating that the applicant's proposed educational model has
resulted in schools making measurable progress toward meeting their
education goals.
(2) A public school academy shall not charge tuition and shall
not discriminate in its pupil admissions policies or practices on
the basis of intellectual or athletic ability, measures of
achievement or aptitude, status as a student with a disability, or
any other basis that would be illegal if used by a school district.
However, a public school academy may limit admission to pupils who
are within a particular range of age or grade level or on any other
basis that would be legal if used by a school district and may give
enrollment priority as provided in subsection (4).
(3) Except for a foreign exchange student who is not a United
States citizen, a public school academy shall not enroll a pupil
who is not a resident of this state. For a public school academy
authorized by a school district, intermediate school district, or
community college, enrollment in the public school academy may be
open to all individuals who reside in this state who meet the
admission policy and shall be open to all pupils who reside within
the geographic boundaries of that authorizing body who meet the
admission policy, except that admission to a public school academy
authorized by the board of a community college to operate, or
operated by the board of a community college, on the grounds of a
federal military installation, as described in section 502(2)(c),
shall be open to all pupils who reside in the county in which the
federal military installation is located. For a public school
academy authorized by a state public university, enrollment shall
be open to all pupils who reside in this state who meet the
admission policy. Subject to subsection (4), if there are more
applications to enroll in the public school academy than there are
spaces available, pupils shall be selected to enroll using a random
selection process. A public school academy shall allow any pupil
who was enrolled in the public school academy in the immediately
preceding school year to enroll in the public school academy in the
appropriate grade unless the appropriate grade is not offered at
that public school academy.
(4) A public school academy may give enrollment priority to 1
or more of the following:
(a) A sibling of a pupil enrolled in the public school
academy.
(b) A pupil who transfers to the public school academy from
another public school pursuant to a matriculation agreement between
the public school academy and other public school that provides for
this enrollment priority, if all of the following requirements are
met:
(i) Each public school that enters into the matriculation
agreement remains a separate and independent public school.
(ii) The public school academy that gives the enrollment
priority selects at least 5% of its pupils for enrollment using a
random selection process.
(iii) The matriculation agreement allows any pupil who was
enrolled at any time during elementary school in a public school
that is party to the matriculation agreement and who was not
expelled from the public school to enroll in the public school
academy giving enrollment priority under the matriculation
agreement.
(c) A child of a person who is employed by or at the public
school academy or who is on the board of directors of the public
school academy. As used in this subdivision, "child" includes an
adopted child or a legal ward.
(5) For a public school academy that is a residential academy
as described under section 505b, the public school academy may
limit participation in the residential program as provided under
that section.
(6) (5)
A public school academy may include
any grade up to
grade 12 or any configuration of those grades, including
kindergarten and early childhood education, as specified in its
contract. If specified in its contract, a public school academy may
also operate an adult basic education program, adult high school
completion program, or general education development testing
preparation program. The authorizing body may approve amendment of
a contract with respect to ages of pupils or grades offered.
Sec. 505b. If provided in its contract, a public school
academy may operate as a residential academy. All of the following
apply to a public school academy operating as a residential
academy:
(a) The public school academy shall operate both an academic
program and a residential program. Enrollment in the public school
academy's academic program shall be open to all individuals who
meet the public school academy's enrollment policy, as provided
under section 504, and the academic program shall be operated in
the manner required for a public school academy under this part.
However, the public school academy shall limit participation in the
residential program to pupils who meet the income eligibility
criteria for free and reduced-price lunch, and may limit
participation in the residential program to pupils who meet other
requirements set forth in the public school academy's contract that
would be permissible for a public school academy to use as
requirements for enrollment under section 504.
(b) The residential program shall provide lodging and meals
for pupils in any or all of grades 5 to 12, including weekends and
school days. The residential program shall meet all applicable
federal, state, or local law regarding a residential program for
children.
(c) The academic program operated by the public school academy
shall be funded through the per pupil funding for public school
academies and other available funding under the state school aid
act of 1979. The legislature shall appropriate funds for support of
the residential programs operated by residential academies in the
department of human services budget.