FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
House Bill No. 4115, entitled
Recommends:
First: That the Senate recede from the Substitute of the Senate as passed by the Senate.
Second: That the House and Senate agree to the Substitute of the House as passed by the House, amended to read as follows:
(attached)
Third: That the House and Senate agree to the title of the bill to read as follows:
A bill to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 18a, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 22i, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 98, 99h, 101, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210, 210b, 217, 222, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1622i, 388.1623a, 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, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1664b, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699h, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810, 388.1810b, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 20g, 21f, 22d, 22g, 22i, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99h, 101, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 11r,
43, 64b, 95a, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 210 and 244 as amended by 2013 PA 60, and sections 222, 226, and 286 as amended by 2012 PA 201, and by adding sections 25g, 31c, 31h, 35, 35a, 55, 61b, 65, 67, 77, 99c, 99s, 102d, 104d, 210c, 210d, 230a, and 274c; and to repeal acts and parts of acts.
_______________________ ________________________
Al Pscholka Arlan B. Meekhof
_______________________ ________________________
Jon Bumstead Dave Hildenbrand
_______________________ ________________________
Harvey Santana Vincent Gregory
Conferees for the House Conferees for the Senate
SUBSTITUTE FOR
HOUSE BILL NO. 4115
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 15, 18,
18a, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 22i, 23a, 24, 24a,
24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41,
43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a,
98, 99h, 101, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163,
201, 201a, 206, 207a, 207b, 207c, 209, 210, 210b, 217, 222, 225,
226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252,
256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277,
278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606,
388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m,
388.1611r, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d,
388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d,
388.1622g, 388.1622i, 388.1623a, 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, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a,
388.1654, 388.1656, 388.1661a, 388.1662, 388.1664b, 388.1674,
388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699h,
388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747,
388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a,
388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810,
388.1810b, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829,
388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c,
388.1841, 388.1844, 388.1846, 388.1852, 388.1856, 388.1863,
388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868,
388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878,
388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and
388.1886), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 20g,
21f, 22d, 22g, 22i, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a,
31d, 31f, 32d, 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62, 74, 81,
94, 94a, 98, 99h, 101, 104, 104b, 107, 147, 147a, 152a, 163, 201a,
206, 209, 210b, 217, 225, 229, 229a, 230, 236a, 236b, 236c, 241,
246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274,
276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and
sections 11r, 43, 64b, 95a, 104c, 207a, 207b, and 207c as added by
2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201,
and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA
351, section 23a as added by 2012 PA 465, sections 210 and 244 as
amended by 2013 PA 60, and sections 222, 226, and 286 as amended by
2012 PA 201, and by adding sections 25g, 31c, 31h, 35, 35a, 55,
61b, 65, 67, 77, 99c, 99s, 102d, 104d, 210c, 210d, 230a, and 274c;
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 education
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 immediately
preceding school
year. A district's, public school academy's, or intermediate
district's membership shall be adjusted as provided under section
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, as determined
by the department in accordance with the pupil accounting manual,
in the cyber school's educational program is considered regular
daily attendance; for the education achievement system, a pupil's
participation, as determined by the department in accordance with
the pupil accounting manual, 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.
(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.
(D) Is considered to be homeless under 42 USC 11302.
(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 student 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) and section 101.
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), required
under section 101, 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) required
under section 101 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), required
under section 101, 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) required
under section 101 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). 101.
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 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) required
under section 101 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) 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) 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) 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.
(y) 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 R 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) A pupil of a district that begins its school year after
Labor
day Day who is enrolled in an intermediate district program
that
begins before Labor day 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.Day.
(aa) 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 described in this subdivision was
counted in membership 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 the
purposes of determining the district's membership.
(bb) A district, a public school academy, or the education
achievement system that educates a pupil who attends a United
States
Olympic education center Education
Center may count the
pupil in membership regardless of whether or not the pupil is a
resident of this state.
(cc) 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) 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, 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. 25g.
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.
(ee) A pupil participating in an online course under section
21f shall be counted in membership in the district enrolling the
pupil.
(ff) 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.
(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.
(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.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 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 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 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 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 7 for the
public school academies in excess of 100.
(3) For each school of excellence that is a cyber school and
is authorized under part 6e of the revised school code, MCL 380.551
to 380.561, by a school district, intermediate school district,
community college other than a federal tribally controlled
community college, or other authorizing body that is not empowered
to authorize a school of excellence to operate statewide and is
eligible to receive funding under this article, the department
shall assign a district code that includes as the first 2 digits
the county code in which the authorizing body is located.
Sec. 11. (1) 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
$11,827,097,400.00
$11,814,097,400.00 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 $33,700,000.00 from the general fund. For the fiscal year
ending September 30, 2016, there is appropriated for the public
schools of this state and certain other state purposes relating to
education the sum of $12,074,660,100.00 from the state school aid
fund and the sum of $45,900,000.00 from the general fund. In
addition, all other available federal funds are appropriated each
fiscal
year for the fiscal year years ending
September 30, 2015 and
September 30, 2016.
(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 2014-2015, 2015-2016, 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. 11j. From the appropriation in section 11, there is
allocated
an amount not to exceed $126,000,000.00 for 2014-2015
$126,500,000.00 for 2015-2016 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 2014-2015, 2015-2016,
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 appropriation in section 11, there is
allocated
for 2014-2015 an amount not to exceed $3,000,000.00 $0.00
and there is allocated for 2015-2016 an amount not to exceed
$2,000,000.00 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 for 2014-2015 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), and except as otherwise
provided under subsection (8), 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.
(8) For 2014-2015 only, for a district that is a strict
discipline academy established under sections 1311b to 1311m of the
revised school code, MCL 380.1311b to 380.1311m, that serves at
least 340 pupils as reported on the line labeled "State aid
membership" in the May 2015 state aid financial status report, and
that services a program that provided pupil accounting information
to the department for the October 2013 data collection on the
department form entitled "ANNUAL SURVEY OF CHILDREN IN LOCAL
INSTITUTIONS FOR NEGLECTED OR DELINQUENT CHILDREN OR IN
CORRECTIONAL INSTITUTIONS (Title I of P.L. 107-110)", but for which
the information was not correctly compiled by the department, the
department shall award a grant to that district under this
subsection from the funding allocated under subsection (1) to
compensate the district for the loss in federal funding that
occurred as a result of the department's incorrect compilation. The
amount of the grant under this subsection for this purpose shall be
$178,000.00 for the amount lost for the 2014-2015 school year.
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. For a district that is a strict discipline academy
established under sections 1311b to 1311m of the revised school
code, MCL 380.1311b to 380.1311m, and that claimed a hardship in
2014-2015 because of an overpayment caused by a miscalculation of
its pupil membership for 2013-2014, the department shall consider
the amount of repayment made by the district as of the effective
date of the amendatory act that added this sentence to constitute
full repayment and the district is not required to continue making
repayment for the overpayment that occurred in 2013-2014.
(3) If, based on an audit by the department or the
department's designee or because of new or updated information
received by the department, the department determines 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, the department shall make the appropriate deduction or
payment in the district's or intermediate district's allocation 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 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) 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) In addition to funds appropriated in section 11 for all
programs and services, there is appropriated for 2014-2015 and for
2015-2016 for obligations in excess of applicable appropriations an
amount equal to the collection of overpayments, but not to exceed
amounts available from overpayments.
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 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) A district or intermediate district shall adopt an annual
budget in a manner that complies with the uniform budgeting and
accounting act, 1968 PA 2, MCL 141.421 to 141.440a. Within 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, homepage, or may
make the information available through a link on its intermediate
district's
website home page, homepage,
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.
(v) The district's written policy governing procurement of
supplies, materials, and equipment.
(vi) The district's written policy establishing specific
categories of reimbursable expenses, as described in section
1254(2) of the revised school code, MCL 380.1254.
(vii) Either the district's accounts payable check register
for the most recent school fiscal year or a statement of the total
amount of expenses incurred by board members or employees of the
district that were reimbursed by the district for the most recent
school fiscal year.
(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 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,
2014 for reporting 2013-2014 data during 2014-2015, and not
later
than November 1 each year 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, 2014 for 2014-2015 and by November 1 for
all
subsequent fiscal years, each
year, each district and
intermediate district shall submit to the center, in a manner
prescribed by the center, annual comprehensive financial data
consistent with accounting manuals and charts of accounts approved
and published by the department. 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) If a district or intermediate district does not comply
with subsection (2), the department may withhold up to 10% of the
state school aid otherwise payable 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 subsection (2). If the district
or intermediate district does not comply with subsection (2) by the
end of the fiscal year, the district or intermediate district
forfeits the amount withheld.
(12) (11)
Not later than November 1, 2014,
2015, 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,
2014:2015:
(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.
(13) (12)
Not later than March 31, 2015, 2016, 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.
(14) (13)
As used in subsections (11) and
(12), (12) and (13),
"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. 18a. Grant funds awarded and allotted to a district,
intermediate district, or other entity, unless otherwise specified
in
this act, article, shall be expended by the grant recipient
before
the end of the school fiscal year immediately following the
fiscal year in which the funds are received. If a grant recipient
does
not expend the funds received under this act article before
the end of the fiscal year in which the funds are received, the
grant recipient shall submit a report to the department not later
than November 1 after the fiscal year in which the funds are
received indicating whether it expects to expend those funds during
the fiscal year in which the report is submitted. 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
after the fiscal year in which the funds are received.
Sec.
20. (1) For 2014-2015, 2015-2016,
both of the following
apply:
(a)
The basic foundation allowance is $8,099.00.$8,169.00.
(b)
The minimum foundation allowance is $7,126.00.$7,391.00.
(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) Except as otherwise provided in this subdivision, for a
district that had a foundation allowance for the immediately
preceding state fiscal year that was 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 sum of 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 difference between the basic foundation
allowance for the current state fiscal year and basic foundation
allowance for the immediately preceding state fiscal year minus
$10.00)
$23.00) times (the difference between the district's
foundation allowance for the immediately preceding state fiscal
year and the 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 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, 2015-2016, 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.$7,251.00.
(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 equal to the amount of the basic
foundation allowance for the immediately preceding state fiscal
year,
the district shall receive a foundation allowance for 2014-
2015
2015-2016 in an amount equal to the basic foundation allowance
for
2014-2015.2015-2016.
(c) For a district that had a foundation allowance for the
immediately preceding state fiscal year that was greater than 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.
(d) 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.
(e) For a district that received a payment under section 22c
as
that section was in effect for 2013-2014, 2014-2015, the
district's
2013-2014 2014-2015 foundation allowance shall be
considered to have been an amount equal to the sum of the
district's
actual 2013-2014 2014-2015
foundation allowance as
otherwise calculated under this section plus the per-pupil amount
of
the district's equity payment for 2013-2014 2014-2015 under
section
22c as that section was in effect for 2013-2014.2014-2015.
(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 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 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. For pupils in membership, other than special
education pupils, in a public school academy that is a cyber school
and is authorized by a school district, 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 that authorized the public
school academy 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) 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) 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) 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) "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) "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) "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 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 and [(the 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 minus $10.00) $23.00)
times (the
difference between the highest per-pupil allocation among all
public school academies for the immediately preceding state fiscal
year and the 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 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, for 2015-2016, the maximum public school academy
allocation
is $7,218.00.$7,391.00.
(k) "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) "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,
or property occupied by
a public school academy.
(m) "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) "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) "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) "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) "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) "Taxable value per membership pupil" means taxable value,
as certified by the 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 2014-2015, 2015-2016,
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 2014-2015
$18,000,000.00 for 2015-2016 for payments to eligible districts
under this section.
(2) The funding under this subsection is from the allocation
under subsection (1). A district is eligible for funding under this
section
subsection 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 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.
(3) (2)
The amount allocated to each
eligible district under
this
section subsection (2) is an amount per membership pupil equal
to the amount per membership pupil the district received under this
section in 2013-2014.
(4) The funding under this subsection is from the allocation
under subsection (1). A district is eligible for funding under this
subsection for 2015-2016 if the sum of the following is less than
$25.00:
(a) The increase in the district's foundation allowance or
per-pupil payment as calculated under section 20 from 2014-2015 to
2015-2016.
(b) The decrease in the district's best practices per-pupil
funding under section 22f from 2014-2015 to 2015-2016.
(c) The decrease in the district's pupil performance per-pupil
funding under section 22j from 2014-2015 to 2015-2016.
(d) The quotient of the district's allocation under section
31a for 2015-2016 divided by the district's membership pupils for
2015-2016 minus the quotient of the district's allocation under
section 31a for 2014-2015 divided by the district's membership
pupils for 2014-2015.
(5) The amount allocated to each eligible district under
subsection (4) is an amount per membership pupil equal to $25.00
minus the sum of the following:
(a) The increase in the district's foundation allowance or
per-pupil payment as calculated under section 20 from 2014-2015 to
2015-2016.
(b) The decrease in the district's best practices per-pupil
funding under section 22f from 2014-2015 to 2015-2016.
(c) The decrease in the district's pupil performance per-pupil
funding under section 22j from 2014-2015 to 2015-2016.
(d) The quotient of the district's allocation under section
31a for 2015-2016 divided by the district's membership pupils for
2015-2016 minus the quotient of the district's allocation under
section 31a for 2014-2015 divided by the district's membership
pupils for 2014-2015.
(6) (3)
If the allocation under subsection
(1) is insufficient
to fully fund payments under subsections (3) and (5) 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,
there
is allocated an amount not to exceed $2,200,000.00 for 2014-
2015
2015-2016 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). 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.
(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 This
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) 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. 21f. (1) A pupil enrolled in a district in any of grades
6 to 12 is eligible to enroll in an online course as provided for
in this section.
(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. Unless the pupil is newly enrolled in the pupil's
primary 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 primary
district's catalog of online
courses described in subsection (7)(a) or the statewide catalog of
online
courses maintained by the Michigan virtual university
Virtual University pursuant to section 98.
(4) A providing district or community college 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 providing
district or community college to provide the online course, the
providing district or community college shall accept for enrollment
all of the nonresident applicants eligible for acceptance. If the
number of nonresident applicants exceeds the providing district's
or community college's capacity to provide the online course, the
providing district or community college shall use a random draw
system, subject to the need to abide by state and federal
antidiscrimination laws and court orders.
(5)
A pupil's primary district may deny a the 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), (10), 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 primary district for
enrollment and schedule changes for regular courses.
(6)
If a pupil is denied enrollment in an online course by a
the pupil's primary district, the pupil may appeal the denial by
submitting a letter to the superintendent of the intermediate
district
in which the pupil's educating primary
district is
located. The letter of appeal shall include the reason provided by
the primary 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 primary district shall allow the pupil to
enroll in the online course.
(7)
To offer or provide an online course under this section, a
the providing district or intermediate district shall do all of the
following:
(a)
Provide the Michigan virtual university Virtual University
with the course syllabus in a form and method prescribed by the
Michigan
virtual university 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.Virtual University.
(b) Assign to each pupil a teacher of record and provide the
primary district with the personal identification code for the
teacher of record.
(c)
(b) Offer the online course on an open entry and exit
method, or aligned to a semester, trimester, or accelerated
academic term format.
(d) (c)
Not later than October 1, 2014, 2015, provide
the
Michigan virtual university with the number of enrollments in each
online
course the district or intermediate district offered
provided 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) To provide an online course under this section, a
community college 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.
(b) Offer the online course on an open entry and exit method,
or aligned to a semester, trimester, or accelerated academic term
format.
(c) Ensure that each online course it provides under this
section generates postsecondary credit.
(d) Beginning with October 1, 2016, and by October 1 of each
year thereafter, provide the Michigan Virtual University with the
number of enrollments in each online course the community college
provided 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.
(e) Be taught by an instructor employed by or contracted
through the community college.
(9) For any online course a pupil enrolls in under this
section, the pupil's primary district must assign to the pupil a
mentor to monitor the pupil's progress during the online course and
shall supply the providing district with the mentor's contact
information.
(10) (8)
For a pupil enrolled in 1 or more
online courses
published
in the pupil's educating primary
district's catalog of
online courses under subsection (7) or in the statewide catalog of
online
courses maintained by the Michigan virtual university,
Virtual University, the primary 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 8.33% 6.67%
of the minimum foundation
allowance for the current fiscal year as calculated under section
20.
(11) (9)
An online learning pupil shall have
the same rights
and access to technology in his or her primary district's school
facilities as all other pupils enrolled in the pupil's primary
district.
(12) (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.
(13) (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 article.
(14) (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.
(15) (13)
As used in this section:
(a) "Mentor" means a professional employee of the primary
district who monitors the pupil's progress, ensures the pupil has
access to needed technology, is available for assistance, and
ensures access to the teacher of record. A mentor may also serve as
the teacher of record if the mentor meets the requirements under
subdivision (g).
(b) (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 Internet-connected
learning
environment, in which pupils are separated from their teachers by
time or location, or both, and, if the course is provided by a
district or intermediate district, in which a teacher who holds a
valid Michigan teaching certificate that qualifies the teacher to
teach the course is responsible for providing instruction,
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.
(c) (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 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.Virtual
University.
(d) (c)
"Online learning pupil"
means a pupil enrolled in 1 or
more online courses.
(e) (d)
"Primary district" means
the pupil's district that
enrolls
the pupil and reports the pupil as a full-time equated
pupil
for pupil membership purposes.of
residence.
(f) "Providing district" means the district, intermediate
district, or community college that the primary district pays to
provide the online course.
(g) "Teacher of record" means a teacher who holds a valid
Michigan teaching certificate; who, if applicable, is endorsed in
the subject area and grade of the online course; and is responsible
for providing instruction, determining 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. 22a. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $5,380,000,000.00
$5,377,000,000.00 for 2014-2015 and an amount not to exceed
$5,281,700,000.00 for 2015-2016 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) 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,
and property occupied
by a public school academy 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,
or property occupied by
a public school academy.
(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, and property occupied by a public school academy
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, and property occupied by a public school academy
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 $3,434,000,000.00
$3,440,000,000.00 for 2014-2015 and an amount not to exceed
$3,728,000,000.00 for 2015-2016 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. 22d. (1) From the appropriation in section 11, an amount
not
to exceed $2,584,600.00 $5,000,000.00
is allocated for 2014-
2015
2015-2016 for supplemental payments to rural districts under
this section.
(2) From the allocation under subsection (1), there is
allocated
for 2014-2015 2015-2016 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 2014-2015 2015-2016 an
amount
not to exceed $1,627,300.00 $4,042,700.00
for payments under
this
subsection to districts that meet all of the following:
(a)
The district has 5.0 have 7.3
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. 22g. (1) From the funds appropriated in section 11, there
is
allocated for 2014-2015 2015-2016
only an amount not to exceed
$2,000,000.00
$5,000,000.00 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
or
annexation of operations or services
between 2 or more districts
,
or 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 or
annexations
that occur on or after June 1, 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:
2015. Districts may spend funds allocated under this section over 3
fiscal years.
(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 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
2015-2016 an amount not to
exceed
$41,500,000.00 $23,500,000.00
for the technology readiness
infrastructure grant program for districts or intermediate
districts on behalf of their constituent districts. Funds received
under
this subsection section shall be used for the development or
improvement
of a district's districts'
technology hard
infrastructure, the shared services consolidation of technology and
data , and for
the coordination and strategic purchasing of
hardware
and software in preparation for the planned implementation
in
2014-2015 of online assessments.delivery
of assessments through
online models. This allocation shall not be made after 2015-2016.
(2)
The Subject to the
requirements of this section, 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. The department shall give additional consideration to
applicants that propose external partnerships and articulate plans
for sustainability beyond the grant funding.
(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.
(3) From the money allocated in subsection (1), there is
allocated an amount not to exceed $11,250,000.00 for district
participation incentives as described in this subsection. Grants
awarded under this subsection shall be distributed on an equal per
pupil basis, not to exceed $10.00 per pupil. To receive funding
under this subsection, a district must meet all of the following:
(a) The district agrees to limit the spending of participation
incentive grants to technology readiness efforts, including, but
not limited to, the following:
(i) Online or digital assessment, including universal
diagnostic screening tools.
(ii) In-building wireless connectivity.
(iii) Network services, such as additional bandwidth and
content filtering.
(iv) Computer or device purchasing.
(v) Technology readiness for instruction and data
collaborations that support online assessment readiness.
(b) The district agrees to be represented in the program known
as "TRIG sponsored statewide 470 bids for E-rate funding" and to
consider using the awarded vendors. However, the district is not
obligated to purchase from that bid or those vendors.
(c) The district agrees to participate in any survey or data
collection process considered necessary by the department.
(d) The district ensures that its intermediate district also
agrees to requirements of subdivisions (a) to (c) for the district
to receive participation funds.
(4) From the money allocated in subsection (1), there is
allocated an amount not to exceed $9,250,000.00 for device
purchasing incentives.
(5) From the money allocated in subsection (1), there is
allocated an amount not to exceed $2,200,000.00 for data systems
integration.
(6) From the money allocated in subsection (1), there is
allocated an amount not to exceed $300,000.00 for E-rate
activities.
(7) From the money allocated in subsection (1), there is
allocated an amount not to exceed $500,000.00 for administration of
the technology readiness infrastructure grant program.
(8) Not later than January 1, 2017, the department shall
consolidate and prepare a summary from the total project reports
from each grantee under this section to include measurable outcomes
based on grant objectives. The report shall include a summary of
compiled data from each grantee to provide a means to evaluate the
effectiveness of the grant project. The department shall submit the
report to the house and senate appropriations subcommittees on
state school aid and on the department budget and to the house and
senate fiscal agencies.
(9) (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 unexpended 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, 2016.2015-2016 shall
lapse to the state school aid
fund.
(10) From the funds appropriated under this article, the
department shall not contract for or pay for a contract that
creates informational technology infrastructure that is owned or
operated by this state, a local unit of government, a community
college or state public university, or a district or intermediate
district, and is operated in a manner that provides informational
technology services to public entities in competition with
businesses located in this state.
(11) As used in this section:
(a) "Hard infrastructure" means technology hardware necessary
to move to an online learning and testing environment, including,
but not limited to, fiber, servers, wireless computing networks,
and necessary peripherals.
(b) "Shared services consolidation of technology and data"
means projects that support the move to a collaborative multiple
organizational approach to managing hardware, software,
peripherals, and data integration and display of appropriate
information for parents, teachers, administrators, and this state.
Sec. 23a. (1) A dropout recovery program operated by a
district qualifies for the special membership counting provisions
of
section 6(4)(ff) 6(4)(DD) and the hours and day of pupil
instruction exemption under section 101(12) if the dropout recovery
program meets all of the following:
(a) Enrolls only eligible pupils.
(b) Provides an advocate. An advocate may serve in that role
for more than 1 pupil but no more than 50 pupils. An advocate may
be employed by the district or may be provided by an education
management organization that is partnering with the district.
Before an individual is assigned to be an advocate for a pupil in
the dropout recovery program, the district shall comply with
sections 1230 and 1230a of the revised school code, MCL 380.1230
and 380.1230a, with respect to that individual.
(c) Develops a written learning plan.
(d) Monitors the pupil's progress against the written learning
plan.
(e) Requires each pupil to make satisfactory monthly progress,
as defined by the district under subsection (2).
(f) Reports the pupil's progress results to the partner
district at least monthly.
(g) The program may be operated on or off a district school
campus, but may be operated using distance learning online only if
the program provides a computer and internet access for each
eligible pupil participating in the program.
(h) Is operated throughout the entire calendar year.
(i) If the district partners with an education management
organization for the program, the education management organization
has a dropout recovery program partnership relationship with at
least 1 other district.
(2) A district operating a dropout recovery program under this
section shall adopt a definition of satisfactory monthly progress
that is consistent with the definition of that term under
subsection (3).
(3) As used in this section:
(a) "Advocate" means an adult available to meet in person with
assigned pupils, as needed, to conduct social interventions, to
proctor final examinations, and to provide academic and social
support to pupils enrolled in the district's dropout recovery
program.
(b) "Education management organization" means a private
provider that operates 1 or more other dropout recovery programs
that meet the requirements of this section in partnership with 1 or
more districts.
(c) "Eligible pupil" means a pupil who has been expelled from
school under the mandatory expulsion provisions in section 1311 or
1311a of the revised school code, MCL 380.1311 and 380.1311a, a
pupil who has been suspended or expelled from school under a local
policy, a pupil who is referred by a court, a pupil who is pregnant
or is a parent, a pupil who was previously a dropout, or a pupil
who is determined by the district to be at risk of dropping out.
(d) "Satisfactory monthly progress" means an amount of
progress that is measurable on a monthly basis and that, if
continued for a full 12 months, would result in the same amount of
academic credit being awarded to the pupil as would be awarded to a
general education pupil completing a full school year. Satisfactory
monthly progress may include a lesser required amount of progress
for the first 2 months a pupil participates in the program.
(e) "Written learning plan" means a written plan developed in
conjunction with the advocate that includes the plan start and end
dates, courses to be taken, credit to be earned for each course,
teacher of record for each course, and advocate name and contact
information.
Sec. 24. (1) From the appropriation in section 11, there is
allocated
for 2014-2015 2015-2016 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 health and human services to reside in or to
attend a juvenile detention facility or child caring institution
licensed by the department of health and 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
health and human services to reside in or to attend a juvenile
detention facility or child caring institution licensed by the
department of health and 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 $2,195,500.00 for 2014-2015
$2,189,800.00 for 2015-2016 for payments to intermediate districts
for pupils who are placed in juvenile justice service facilities
operated by the department of health and 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 health and
human services to ensure that all funding allocated under this
section is utilized by the intermediate district and department of
health and 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 health and
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 2014-2015
$1,497,400.00 for 2015-2016 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 pupil membership transfer application and
pupil transfer process administered by the center under this
section shall be used for processing pupil transfers.
(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 pupil membership count 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 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.
(6) (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.
(7) The center shall determine the number of pupils who did
not reside in this state as of the 2015-2016 pupil membership count
day but who newly enrolled in a district or intermediate district
after that pupil membership count day and before the 2015-2016
supplemental count day. The center shall further determine the
number of pupils who were counted in membership for the 2015-2016
pupil membership count day but who left this state before the 2015-
2016 supplemental count day. The center shall provide a report to
the senate and house appropriations subcommittees on state school
aid, and to the senate and house fiscal agencies, detailing the
number of pupils transferring in from another state or transferring
out from this state between the pupil membership count day and
supplemental count day as described in this subsection. The center
shall include in the report a discussion of benefits and obstacles
to developing a pupil enrollment process for pupils who newly
enroll in a district or intermediate district after the pupil
membership count day and before the supplemental count day, and
developing a process for deducting pupils who were counted on the
pupil membership count day and transfer out of this state before
the supplemental count day.
(8) As used in this section:
(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 2014-2015 $1,000,000.00
for 2015-2016 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, 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 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.
(3) The total amount allocated to a strict discipline academy
under this section is an amount equal to the lesser of the strict
discipline academy's added cost or the department's approved per-
pupil allocation for the strict discipline academy. However, the
sum of the amounts received by a strict discipline academy under
this section and under section 24 shall not exceed the product of
the strict discipline academy's per-pupil allocation calculated
under section 20 multiplied by the strict discipline academy's
full-time equated membership. The department shall allocate funds
to strict discipline academies under this section on a monthly
basis. For the purposes of this subsection:
(a) "Added cost" means 100% of the added cost each fiscal year
for educating all pupils enrolled and in regular daily attendance
at a strict discipline academy. Added cost shall be computed by
deducting all other revenue received under this article for pupils
described in this subsection from total costs, as approved by the
department, in whole or in part, for educating those pupils in a
strict discipline academy. The department shall include all costs
including, but not limited to, educational costs, insurance,
management fees, technology costs, legal fees, auditing fees,
interest, pupil accounting costs, and any other administrative
costs necessary to operate the program or to comply with statutory
requirements. Costs reimbursed by federal funds are not included.
(b) "Department's approved per-pupil allocation" for a strict
discipline academy shall be determined by dividing the total amount
allocated under this subsection for a fiscal year by the full-time
equated membership total for all pupils approved by the department
to be funded under this subsection for that fiscal year for the
strict discipline academy.
(4) Special education pupils funded under section 53a shall
not be funded under this section.
(5) (6)
If the funds allocated under this
section are
insufficient
to fully fund the adjustments under subsections (4)
and
(5), subsection (3), payments under this section shall be
prorated on an equal per-pupil basis.
(6) (7)
Payments to districts under this
section shall be made
according to the payment schedule under section 17b.
Sec. 25g. (1) From the state school aid fund money
appropriated in section 11, there is allocated an amount not to
exceed $1,000,000.00 for 2015-2016 for the purposes of this
section. 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.
(2) Special education pupils funded under section 53a shall
not be funded under this section.
(3) If the funds allocated under this section are insufficient
to fully fund the adjustments under subsection (1), payments under
this section shall be prorated on an equal per-pupil basis.
(4) Payments to districts under this section shall be made
according to the payment schedule under section 17b.
Sec. 26a. From the funds appropriated in section 11, there is
allocated
an amount not to exceed $26,300,000.00 for 2014-2015
2015-2016 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 2014. 2015. 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 2014-2015 2015-2016 an amount not to exceed
$4,210,000.00
$4,276,800.00 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 $293,100.00 for 2014-2015
$610,000.00 for 2015-2016 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 2014-2015 2015-
2016
an amount not to exceed $317,695,500.00
$389,695,500.00 for
payments to eligible districts, eligible public school academies,
and the education achievement system 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).(7)
and (8).
(2) 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), (7) or
(8), 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, must be less than or equal to the basic
foundation allowance under section 20 for the current state fiscal
year.
(3) For a district or public school academy that operates
grades K to 3, or the education achievement system, to be eligible
to receive funding under this section, other than funding under
subsection (7) or (8), the district or public school academy, or
the education achievement system, must implement, for at least
grades K to 3, a multi-tiered system of supports that is an
evidence-based model that uses data-driven problem solving to
integrate academic and behavioral instruction and that uses
intervention delivered to all pupils in varying intensities based
on pupil needs. This multi-tiered system of supports must provide
at least all of the following essential elements:
(a) Implements effective instruction for all learners.
(b) Intervenes early.
(c) Provides a multi-tiered model of instruction and
intervention that provides the following:
(i) A core curriculum and classroom interventions available to
all pupils that meet the needs of most pupils.
(ii) Targeted group interventions.
(iii) Intense individual interventions.
(d) Monitors pupil progress to inform instruction.
(e) Uses data to make instructional decisions.
(f) Uses assessments including universal screening,
diagnostics, and progress monitoring.
(g) Engages families and the community.
(h) Implements evidence-based, scientifically validated,
instruction and intervention.
(i) Implements instruction and intervention practices with
fidelity.
(j) Uses a collaborative problem-solving model.
(4) (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. 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.
(5) (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), (7), or (10). (6),
(7), (8), or (11). 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 (3), (4),
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.
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.
(6) (5)
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.
(7) (6)
From the funds allocated under
subsection (1), there
is
allocated for 2014-2015 2015-2016
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 and human services. 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) (12) for that fiscal year. In addition to the funds
otherwise allocated under this subsection, from the money allocated
in subsection (1), there is allocated an amount not to exceed
$2,000,000.00 for 2015-2016 only for child and adolescent health
centers to increase access to nurses and behavioral health services
in schools, using 3 existing school clinics as hubs for services
and using mobile teams to serve satellite school sites.
(8) (7)
From the funds allocated under
subsection (1), there
is
allocated for 2014-2015 2015-2016
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 and human services. Notwithstanding section 17b, payments to
eligible entities under this subsection shall be paid on a schedule
determined by the department.
(9) (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 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 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.
(10) (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.
(11) (10)
Subject to subsections (5), (6),
and (7), (6), (7),
and (8), a district may use up to 100% of the funds it receives
under this section 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.
(12) (11)
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
(3).(4).
(13) (12)
If a district is formed by
consolidation after June
1,
1995, and if 1 or more of the original districts was were 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), (4), 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.
(14) (13)
As used in this section,
"at-risk pupil" means a
pupil for whom the district has documentation that the pupil meets
any of the following criteria:
(a) Is a victim of child abuse or neglect.
(b) Is a pregnant teenager or teenage parent.
(c) Has a family history of school failure, incarceration, or
substance abuse.
(d)
For pupils for whom the results of the Michigan merit
examination
state summative assessment have been received, is a
pupil
who does not meet the other criteria under this subsection
but
who did not achieve proficiency on
the reading, writing,
English language arts, mathematics, science, or social studies
components
of the most recent Michigan merit examination for which
results
for the pupil have been received. content
area assessment.
(e)
For pupils in grades K-3, is Is
a pupil who is at risk of
not meeting the district's core academic curricular objectives in
English language arts or mathematics, as demonstrated on local
assessments.
(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.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.
(g) (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 or reduced price 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.
(15) (14)
Beginning in 2014-2015, if 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 determined
by proficiency on the English
language arts, mathematics, and science content area assessments on
the grade 11 summative assessment 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 the English
language arts, mathematics, and science content area assessments on
the grade 11 summative assessment 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.
(16) (15)
As used in subsection (14), (15), "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 as measured on
the state assessment 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 the English
language arts, mathematics, and science content area assessments on
the grade 11 summative assessment under section 1279g(2)(a) of the
revised school code, MCL 380.1279g.
(17) (16)
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.
(18) The department shall collaborate with the department of
health and human services to prioritize assigning Pathways to
Potential Success coaches to elementary schools that have a high
percentage of pupils in grades K to 3 who are not reading at grade
level.
Sec. 31c. (1) from the funds appropriated in section 11, there
is allocated an amount not to exceed $1,000,000.00 for 2015-2016
for programs intended to improve public safety, reduce the number
of youth involved in gang-related activity, and increase high
school graduation rates.
(2) The department shall award grants to districts that form
partnerships with nonprofit organizations, law enforcement, and
other community resources to provide programs that divert young
adults from gang-related criminal activity.
(3) Grants awarded under this section may include, but are not
limited to, grants for any of the following activities:
(a) Employment training and placement programs.
(b) Counseling services.
(c) Assistance to program participants in accessing community
resources for continuing education, court advocacy, and health
care.
(d) Outreach programs to educate participants and their
families.
(4) Each grant recipient under this section shall partner with
a university to collect data necessary to evaluate the
effectiveness of programs in reducing violent crime and gang-
related activity in the community.
Sec. 31d. (1) From the appropriations in section 11, there is
allocated
an amount not to exceed $22,495,100.00 for 2014-2015
2015-2016 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 2014-2015 2015-2016
all available federal funding,
estimated at $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 2014-2015 2015-
2016 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. 31h. From the funds appropriated in section 11, there is
allocated an amount not to exceed $300,000.00 for 2015-2016 for the
purpose of providing funding to a district that educates high
school pupils from another district that voluntarily closed its
high school program in 2013. The funding under this section is
intended to be for the first of 2 years, unless it is determined
that the federal elementary and secondary education act allows
federal title I funds that previously supported the high school
pupils in their resident district to instead be provided to the
educating district. Funding under this section shall be used to
support the additional costs of educating high school pupils in a
manner that is similar to the way title I funds provided additional
support to the education of those pupils when they were educated in
their resident district high school program before its closure in
2013.
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 $214,275,000.00 for 2014-2015. In addition, from the
funds
appropriated in section 11, there is allocated to the great
start
readiness reserve fund created under subsection (19) an
amount
not to exceed $25,000,000.00 for 2014-2015. $239,275,000.00
for 2015-2016. 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. 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 2014-2015 2015-
2016 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) 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 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. 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) 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 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. A lead teacher must
have a valid teaching certificate with an early childhood (ZA or
ZS) endorsement 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).
(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% 4% 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% 4%
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) 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) 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) 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) 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) 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)
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 2014-2015 unless transferred by the legislature not
later
than 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.
(19) (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,
2015, 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 no
more than 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
$13,400,000.00 to intermediate districts for 2014-
2015
2015-2016 for the purpose of providing early childhood funding
to
intermediate school districts in block grants, supporting to
support the activities under subsection (2) and subsection (4), and
providing
to provide early childhood programs for children from
birth through age 8. 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 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) From the funds allocated in subsection (1), at least
$2,500,000.00 shall be used for the purpose of providing home
visits to at-risk children and their families. The home visits
shall be conducted as part of a locally coordinated, family-
centered, evidence-based, data-driven home visit strategic plan
that is approved by the department. The goals of the home visits
funded under this subsection shall be to improve school readiness,
reduce the number of pupils retained in grade level, and reduce the
number of pupils requiring special education services. The
department shall coordinate the goals of the home visit strategic
plans approved under this subsection with other state agency home
visit programs in a way that strengthens Michigan's home visiting
infrastructure and maximizes federal funds available for the
purposes of at-risk family home visits.
(5) (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. At a minimum, the report shall include an evaluation of the
services provided with additional funding under subsection (4) for
home visits, using the goals identified in subsection (4) as the
basis for the evaluation, including the degree to which school
readiness was improved, any change in the number of pupils retained
at grade level, and any change in the number of pupils receiving
special education services. 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.
(6) (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 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. 35. (1) The funds allocated under section 35a shall be
used for programs to ensure children are reading at grade level by
the end of grade 3. The superintendent shall designate staff or
contracted employees funded under section 35a as critical shortage.
Programs funded under section 35a are intended to ensure that this
state will be in the top 10 most improved states in grade 4 reading
proficiency by the 2019 National Assessment of Educational Progress
(NAEP) and will be in the top 10 states overall in grade 4 reading
proficiency by 2025.
(2) From the general fund appropriation in section 11, there
is allocated to the department an amount not to exceed
$1,000,000.00 for 2015-2016 for implementation costs associated
with programs funded under section 35a.
(3) From the amount allocated under subsection (2), there is
allocated an amount not to exceed $100,000.00 for the purpose of
performing an evaluation of the pilot programs under section 35a(2)
in a manner approved by the department. The evaluation report shall
include at least all of the following:
(a) A description of the components of the pilot programs that
were effective in helping parents prepare their children for
success in school.
(b) A description of any barriers that parents and their
children encountered that prevented them from participating in the
pilot programs.
(c) An assessment of whether these pilot programs should be
expanded to other locations in the state.
Sec. 35a. (1) From the appropriations in section 11, there is
allocated for 2015-2016 for the purposes of this section an amount
not to exceed $23,900,000.00 from the state school aid fund
appropriation and an amount not to exceed $1,500,000.00 from the
general fund appropriation.
(2) From the allocations under subsection (1), there is
allocated an amount not to exceed $1,000,000.00 for 2015-2016 for
the purpose of conducting parent education pilot programs for
parents of children less than 4 years of age so that children are
developmentally ready to succeed in school at the time of school
entry. All of the following apply to programs funded under this
subsection:
(a) The department shall develop a competitive application
process and method of grant distribution consistent with the
provisions of this subsection. The amount of a grant award to a
pilot program shall be an amount equal to the number of children
residing in the district or consortium of districts operating the
program who are younger than 4 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,
multiplied by $120.00 per child or $130,000.00, whichever is less.
The department shall ensure that grants are awarded in each
prosperity region or subregion.
(b) An application for a competitive grant under this
subsection shall be submitted by an intermediate district on behalf
of a district or consortium of districts within the intermediate
district. The application shall be submitted in a form and manner
approved by the department and shall contain at least the following
components:
(i) A description of the program design including the names of
the district or consortium of districts that will operate the
program, the physical location of the program, and the anticipated
number of families that will be served.
(ii) An assurance that the program will be supervised by a
teacher who has a valid teaching certificate with an early
childhood (ZA or ZS) endorsement, a valid teaching certificate in
career education with both a KH and VH endorsement, a bachelor's
degree in child development or early child development, or a
bachelor's degree related to adult learning.
(iii) An estimate of the number of families residing in the
district or consortium of districts that will operate the pilot
program that have at least 1 child less than 4 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.
(iv) A description of the public awareness and outreach
efforts that will be made.
(v) An assurance that the intermediate district and the
district or consortium of districts operating the program will
provide information in a form and manner as approved by the
department to allow for an evaluation of the pilot projects.
(vi) A description of the sliding fee scale that will be
established for tuition, with fees reduced or waived for those
unable to pay.
(vii) A budget for the program. A program may use not more
than 5% of a grant to administer the program.
(c) To be eligible for a grant under this subsection, a
program shall provide at least 2 hours per week throughout the
school year for parents and their eligible children to participate
in parent education programs and meet at least the following
minimum requirements:
(i) Require that parents be physically present in classes with
their children or be in concurrent classes.
(ii) Use research-based information to educate parents about
the physical, cognitive, social, and emotional development of
children.
(iii) Provide structured learning activities requiring
interaction between children and their parents.
(iv) Provide structured learning activities for children that
promote positive interaction with their peers.
(d) For a child to be eligible to participate in a program
under this subsection, the child shall be less than 4 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.
(3) From the allocations under subsection (1), there is
allocated an amount not to exceed $950,000.00 for 2015-2016 for
professional development purposes under this subsection. This
allocation represents the first of 2 years of funding for the
purposes of this subsection. All of the following apply to funding
under this subsection:
(a) The department shall award grants to districts to support
professional development for educators in a department-approved
research-based training program related to current state literacy
standards for pupils in grades K to 3. The professional development
shall also include training in the use of screening and diagnostic
tools, progress monitoring, and intervention methods used to
address barriers to learning and delays in learning that are
diagnosed through the use of these tools. The department shall
determine the amount of the grant awards.
(b) In addition to other methods of professional development
delivery, the department shall collaborate with the Michigan
Virtual University to provide this training online to all educators
of pupils in grades K to 3.
(c) The funds allocated under this subsection are a work
project appropriation, and any unexpended funds for 2015-2016 are
carried forward into 2016-2017. The purpose of the work project is
to continue to implement the professional development training
described in this subsection. The estimated completion date of the
work project is September 30, 2017.
(4) From the allocations under subsection (1), there is
allocated an amount not to exceed $1,450,000.00 for 2015-2016 for
grants under this subsection. This allocation represents the first
of 2 years of funding. All of the following apply to grants under
this subsection:
(a) The department shall award grants to districts to
administer department-approved screening and diagnostic tools to
monitor the development of early literacy and early reading skills
of pupils in grades K to 3 and to support research-based
professional development for educators in administering screening
and diagnostic tools and in data interpretation of the results
obtained through the use of those tools for the purpose of
implementing a multi-tiered system of support to improve reading
proficiency among pupils in grades K to 3. The department shall
award grants to eligible districts in an amount determined by the
department.
(b) In addition to other methods of professional development
delivery, the department shall collaborate with the Michigan
Virtual University to provide this training online to all educators
of pupils in grades K to 3.
(c) The funds allocated under this subsection are a work
project appropriation, and any unexpended funds for 2015-2016 are
carried forward into 2016-2017. The purpose of the work project is
to continue to implement the professional development training
described in this subsection. The estimated completion date of the
work project is September 30, 2017.
(5) From the allocations under subsection (1), there is
allocated an amount not to exceed $3,000,000.00 for the purpose of
providing early literacy coaches at intermediate districts to
assist teachers in developing and implementing instructional
strategies for pupils in grades K to 3 so that pupils are reading
at grade level by the end of grade 3. All of the following apply to
funding under this subsection:
(a) The department shall develop an application process
consistent with the provisions of this subsection. An application
shall provide assurances that literacy coaches funded under this
subsection are knowledgeable about at least the following:
(i) Current state literacy standards for pupils in grades K to
3.
(ii) Implementing an instructional delivery model based on
frequent use of formative, screening, and diagnostic tools, known
as a multi-tiered system of support, to determine individual
progress for pupils in grades K to 3 so that pupils are reading at
grade level by the end of grade 3.
(iii) The use of data from diagnostic tools to determine the
necessary additional supports and interventions needed by
individual pupils in grades K to 3 in order to be reading at grade
level.
(b) From the allocation under this subsection, the department
shall award grants to intermediate districts for the support of
early literacy coaches. An intermediate district must provide
matching funds for at least 50% of the cost of the literacy coach.
The department shall provide this funding in the following manner:
(i) Each intermediate district shall be awarded grant funding
to support the cost of 1 early literacy coach in an equal amount
per early literacy coach, not to exceed $37,500.00.
(ii) After distribution of the grant funding under
subparagraph (i), the department shall distribute the remainder of
grant funding for additional early literacy coaches in an amount
not to exceed $37,500.00 per early literacy coach. The number of
funded early literacy coaches for each intermediate district shall
be based on the percentage of the total statewide number of pupils
in grades K to 3 who meet the income eligibility standards for the
federal free and reduced-price lunch programs who are enrolled in
districts in the intermediate district. For each additional early
literacy coach funded under this subparagraph, the department shall
not make an award to an intermediate district under this
subparagraph in an amount that is less than the amount necessary to
pay 1/2 of the total cost of that additional early literacy coach.
(c) The funds allocated under this subsection are a work
project appropriation, and any unexpended funds for 2015-2016 are
carried forward into 2016-2017. The purpose of the work project is
to continue to provide early literacy coaches as described in this
subsection. The estimated completion date of the work project is
September 30, 2017.
(6) From the allocations under subsection (1), there is
allocated an amount not to exceed $17,500,000.00 for 2015-2016 to
districts that provide additional instructional time to those
pupils in grades K to 3 who have been identified by using
department-approved screening and diagnostic tools as needing
additional supports and interventions in order to be reading at
grade level by the end of grade 3. Additional instructional time
may be provided before, during, and after regular school hours or
as part of a year-round balanced school calendar. All of the
following apply to funding under this subsection:
(a) In order to be eligible to receive funding, a district
shall demonstrate to the satisfaction of the department that the
district has done all of the following:
(i) Implemented a multi-tiered system of support instructional
delivery model that is an evidence-based model that uses data-
driven problem solving to integrate academic and behavioral
instruction and that uses intervention delivered to all pupils in
varying intensities based on pupil needs. The multi-tiered system
of supports must provide at least all of the following essential
elements:
(A) Implements effective instruction for all learners.
(B) Intervenes early.
(C) Provides a multi-tiered model of instruction and
intervention that provides the following: a core curriculum and
classroom interventions available to all pupils that meet the needs
of most pupils; targeted group interventions; and intense
individual interventions.
(D) Monitors pupil progress to inform instruction.
(E) Uses data to make instructional decisions.
(F) Uses assessments including universal screening,
diagnostics, and progress monitoring.
(G) Engages families and the community.
(H) Implements evidence-based, scientifically validated,
instruction and intervention.
(I) Implements instruction and intervention practices with
fidelity.
(J) Uses a collaborative problem-solving model.
(ii) Used department-approved research-based diagnostic tools
to identify individual pupils in need of additional instructional
time.
(iii) Used a reading instruction method that focuses on the 5
fundamental building blocks of reading: phonics, phonemic
awareness, fluency, vocabulary, and comprehension and content
knowledge.
(iv) Provided teachers of pupils in grades K to 3 with
research-based professional development in diagnostic data
interpretation.
(b) Funding allocated under this subsection shall be
distributed to eligible districts by multiplying the number of
full-time-equivalent pupils in grade 1 in the district by $165.00.
(c) If the funds allocated under this subsection are
insufficient to fully fund the payments under this subsection,
payments under this subsection shall be prorated on an equal per-
pupil basis based on grade 1 pupils.
(7) From the general fund money allocated in subsection (1),
the department shall allocate the amount of $1,000,000.00 for 2015-
2016 to the Michigan Education Corps. All of the following apply to
funding under this subsection:
(a) By August 1, 2016, the Michigan Education Corps shall
provide a report concerning its use of the funding to the senate
and house appropriations subcommittees on state school aid, the
senate and house fiscal agencies, and the senate and house caucus
policy offices on outcomes and performance measures of the Michigan
Education Corps, including, but not limited to, the degree to which
the Michigan Education Corps's replication of the Michigan Reading
Corps program is demonstrating sufficient efficacy and impact. The
report must include data pertaining to at least all of the
following:
(i) The current impact of the Michigan Reading Corps on this
state in terms of numbers of children and programs receiving
support. This portion of the report shall specify the number of
children tutored, including dosage and completion, and the
demographics of those children.
(ii) Whether the assessments and interventions are implemented
with fidelity. This portion of the report shall include details on
the total number of assessments and interventions completed and the
range, median, mean, and standard deviation for all assessments.
(iii) Whether the literacy improvement of children
participating in the Michigan Reading Corps is consistent with
expectations. This portion of the report shall detail at least all
of the following:
(A) Growth rate by grade level, in comparison to targeted
growth rate.
(B) Average linear growth rates.
(C) Exit rates.
(D) Percentage of children who exit who also meet or exceed
spring benchmarks.
(iv) The impact of the Michigan Reading Corps on organizations
and stakeholders, including, but not limited to, school
administrators, internal coaches, and AmeriCorps members.
(b) If the department determines that the Michigan Education
Corps has misused the funds allocated under this subsection, the
Michigan Education Corps shall reimburse this state for the amount
of state funding misused.
(8) From the general fund money allocated under subsection
(1), there is allocated to the department an amount not to exceed
$500,000.00 for 2015-2016 for the adoption of a certification test
to ensure that all newly certificated elementary teachers have the
skills to deliver evidence-based literacy instruction.
Sec. 39. (1) An eligible applicant receiving funds under
section 32d shall submit 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 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) After notification of funding allocations, an applicant
receiving funds under section 32d shall also submit 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 in 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 2014-2015 2015-2016 to districts,
intermediate districts, and other eligible entities all available
federal
funding, estimated at $807,969,900.00 $779,076,400.00 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 $8,000,000.00 $5,000,000.00 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 $3,000,000.00 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 $565,000,000.00 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 $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 2014-2015 2015-2016
to districts, intermediate
districts, and other eligible entities all available federal
funding,
estimated at $31,300,000.00 $30,800,000.00
for the
following programs that are funded by federal grants:
(a) An amount estimated at $200,000.00 for acquired
immunodeficiency
syndrome education grants, funded from HHS –
center
for disease control, Centers
for Disease Control and
Prevention, 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 $4,000,000.00 to provide mental
health, substance abuse, or violence prevention services to
students, funded from HHS-SAMHSA.
(d) (c)
An amount estimated at $28,500,000.00
$24,000,000.00
for providing career and technical education services to pupils,
funded from DED-OVAE, basic grants to states.
(3) All federal funds allocated under this section shall be
distributed in accordance with federal law and with flexibility
provisions outlined in Public Law 107-116, and in the education
flexibility partnership act of 1999, Public Law 106-25.
Notwithstanding section 17b, payments of federal funds to
districts, intermediate districts, and other eligible entities
under this section shall be paid on a schedule determined by the
department.
(4) 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) As used in this section:
(a)
"DED" means the United States department of
education.Department of Education.
(b)
"DED-OESE" means the DED office of elementary and
secondary
education.Office of
Elementary and Secondary Education.
(c)
"DED-OVAE" means the DED office of vocational and adult
education.Office of Vocational and Adult Education.
(d)
"HHS" means the United States department of health and
human
services.Department of Health
and Human Services.
(e)
"HHS-ACF" means the HHS administration for children and
families.
(e) "HHS-SAMHSA" means the HHS Substance Abuse and Mental
Health Services Administration.
Sec. 41. 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 for
2015-2016 to applicant
districts and intermediate districts offering programs of
instruction for pupils of limited English-speaking ability under
section 1153 of the revised school code, MCL 380.1153.
Reimbursement shall be on a per-pupil basis and shall be based on
the number of pupils of limited English-speaking ability in
membership on the pupil membership count day. Funds allocated under
this section shall be used solely for instruction in speaking,
reading, writing, or comprehension of English. A pupil shall not be
counted under this section or instructed in a program under this
section for more than 3 years.
Sec. 43. From the general fund money appropriated in section
11,
there is allocated to the department for 2014-2015 2015-2016 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. This is the second year of 2
years of funding.
Sec. 51a. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $914,946,100.00 $901,946,100.00
for 2014-2015 and an amount not to exceed $918,546,100.00 for 2015-
2016 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
each
fiscal year for 2014-2015, 2014-2015 and for 2015-2016, 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. 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 $251,800,000.00
$248,100,000.00 for 2014-2015 and estimated at $251,800,000.00 for
2015-2016, 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 2014-2015 an amount not to exceed $1,000,000.00 and
there is allocated for 2015-2016 an amount not to exceed
$1,300,000.00 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 each fiscal year for 2014-2015 and
for 2015-2016 to districts, intermediate districts, or other
eligible entities on a competitive grant basis for programs,
equipment, and services that the department determines to be
designed to benefit or improve special education on a statewide
scale.
(6) From the amount allocated in subsection (1), there is
allocated an amount not to exceed $2,200,000.00 each fiscal year
for 2014-2015 and for 2015-2016 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.Beginning
in 2015-2016, the
amount of reimbursement under this subdivision for a fiscal year
shall not exceed $2,000,000.00 for any district or intermediate
district.
(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 $4,000,000.00
$3,400,000.00 for 2014-2015 and estimated at $3,300,000.00 for
2015-2016, 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
and human services.
(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.
(15) It is the intent of the legislature that, beginning in
2016-2017, a district, public school academy, or intermediate
district that fails to comply with subsection (14) or with the
requirements of federal regulations regarding the treatment of
public school academies and public school academy pupils for the
purposes of special education, 34 CFR 300.209, forfeits from its
total state aid an amount equal to 10% of its total state aid.
Sec. 51c. As required by the court in the consolidated cases
known as Durant v State of Michigan, Michigan supreme court docket
no. 104458-104492, from the allocation under section 51a(1), there
is allocated each fiscal year for 2014-2015 and for 2015-2016 the
amount
necessary, estimated at $606,000,000.00, $597,300,000.00 for
2014-2015 and estimated at $610,000,000.00 for 2015-2016, 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 2014-2015, 2015-2016, all available
federal
funding, estimated at $74,000,000.00, $71,000,000.00, 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 2014-2015:2015-2016:
(a)
An amount estimated at $15,000,000.00 $14,000,000.00 for
handicapped infants and toddlers, funded from DED-OSERS,
handicapped infants and toddlers funds.
(b)
An amount estimated at $14,000,000.00 $12,000,000.00 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.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 and
human services.
(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 $10,500,000.00 of the allocation for 2014-
2015
2015-2016 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 2014-2015 2015-2016
in section 51a(1) shall be
allocated under this section.
Sec. 55. (1) From the money appropriated in section 11, there
is allocated an amount not to exceed $150,000.00 for 2015-2016 to
Michigan State University, Department of Epidemiology, for a study
of the Conductive Learning Center located at Aquinas College. This
funding shall be used to develop and implement an evaluation of the
effectiveness of conductive education for children with cerebral
palsy. The evaluation shall be multidimensional and shall include a
control group of children with cerebral palsy not enrolled in
conductive education. It should include an assessment of the motor
system itself as well as the impact of conductive education on each
of the following:
(a) The acquisition of skills permitting complex motor
functions.
(b) The performance of tasks essential to daily living.
(c) The attitudes and feelings of both children and parents.
(d) The long-term need for special education for children with
cerebral palsy.
(2) It is the intent of the legislature that this funding is
for the first of 2 years of funding for this purpose.
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 2014-2015
2015-2016 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 2013-2014 2014-
2015
shall be made in 2014-2015 2015-2016 at an amount per 2013-
2014
2014-2015 membership pupil computed by subtracting from
$172,200.00
$174,400.00 the 2013-2014 2014-2015 taxable value
behind each membership pupil and multiplying the resulting
difference
by the 2013-2014 2014-2015
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 $36,611,300.00 for
2014-2015
2015-2016 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 prioritized based on
the
type of capital and
program expenditures needed to operate the
career
and technical education programs provided; , the number of
pupils
enrolled; , the
advancement of pupils through the
instructional program; the existence of an articulation agreement
with at least 1 postsecondary institution that provides pupils with
opportunities to earn postsecondary credit during the pupil's
participation in the career and technical education program and
transfers those credits to the postsecondary institution upon
completion of the career and technical education program; the
program rank in student placement, job openings, and wages; and the
length of the training period provided, and shall not exceed 75% of
the added cost of any program. Notwithstanding any rule or
department determination to the contrary, when determining a
district's allocation or the formula for making allocations under
this section, the department shall include the participation of
pupils in grade 9 in all of those determinations and in all
portions of the formula. 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 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.
(3) A career and technical education program funded under this
section may provide an opportunity for participants who are
eligible to be funded under section 107 to enroll in the career and
technical education program funded under this section if the
participation does not occur during regular school hours.
Sec. 61b. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $10,000,000.00 for 2015-2016 for
CTE early/middle college programs authorized under this section.
The purpose of these programs is to increase the number of Michigan
residents with high-quality degrees or credentials, and to increase
the number of students who are college and career ready upon high
school graduation.
(2) 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 state-approved
CTE early/middle college programs in each of the prosperity regions
and subregions identified by the department. An intermediate
district shall not use more than 5% of the funds allocated under
this subsection for administrative costs for serving as the fiscal
agent.
(3) To be an eligible fiscal agent, an intermediate district
must agree to do all of the following in a form and manner
determined by the department:
(a) Distribute funds to eligible CTE early/middle college
programs in a prosperity region or subregion as described in this
section.
(b) Collaborate with the talent district career council that
is located in the prosperity region or subregion to develop a
regional strategic plan under subsection (4) that aligns CTE
programs and services into an efficient and effective delivery
system for high school students.
(c) Implement a regional process to rank career clusters in
the prosperity region or subregion as described under subsection
(4). Regional processes shall be approved by the department before
the ranking of career clusters.
(d) Report CTE early/middle college program and student data
and information as prescribed by the department.
(4) A regional strategic plan must be approved by the talent
district career council before submission to the department. A
regional strategic plan shall include, but not be limited to, the
following:
(a) An identification of regional employer need based on a
ranking of all career clusters in the prosperity region or
subregion ranked by 10-year job openings projections and median
wage for each standard occupational code in each career cluster as
obtained from the United States Bureau of Labor Statistics.
Standard occupational codes within high-ranking clusters also may
be further ranked by median wage. The rankings shall be reviewed by
the talent district career council located in the prosperity region
or subregion and modified if necessary to accurately reflect
employer demand for talent in the prosperity region or subregion.
These career cluster rankings shall be determined and updated once
every 3 years.
(b) An identification of educational entities in the
prosperity region or subregion that will provide eligible CTE
early/middle college programs including districts, intermediate
districts, postsecondary institutions, and noncredit occupational
training programs leading to an industry-recognized credential.
(c) A strategy to inform parents and students of CTE
early/middle college programs in the prosperity region or
subregion.
(d) Any other requirements as defined by the department.
(5) An eligible CTE early/middle college program is a 5-year
high school program that meets all of the following:
(a) Has been identified in the highest 5 career cluster
rankings in any of the 10 regional strategic plans jointly approved
by the Michigan talent investment agency in the department of
talent and economic development and the department.
(b) Has a coherent sequence of courses that will allow a
student to earn a high school diploma and achieve at least 1 of the
following in a specific career cluster:
(i) An associate degree.
(ii) An industry-recognized technical certification approved
by the Michigan talent investment agency in the department of
talent and economic development.
(iii) Up to 60 transferable college credits.
(iv) Participation in a registered apprenticeship.
(c) Is aligned with the Michigan merit curriculum.
(d) Has an articulation agreement with at least 1
postsecondary institution that provides students with opportunities
to receive postsecondary credits during the student's participation
in the CTE early/middle college program and transfers those credits
to the postsecondary institution upon completion of the CTE
early/middle college program.
(e) Provides instruction that is supervised, directed, or
coordinated by an appropriately certificated CTE teacher or, for
concurrent enrollment courses, a postsecondary faculty member.
(f) Provides for highly integrated student support services
that include at least the following:
(i) Teachers as academic advisors.
(ii) Supervised course selection.
(iii) Monitoring of student progress and completion.
(iv) Career planning services provided by a local one-stop
service center as described in the Michigan works one-stop service
center system act, 2006 PA 491, MCL 408.111 to 408.135, or by a
high school counselor or advisor.
(g) Has courses that are taught on a college campus, are
college courses offered at the high school and taught by college
faculty, or are courses taught in combination with online
instruction.
(6) Funds to eligible CTE early/middle college programs shall
be distributed as follows:
(a) The department shall calculate statewide average CTE costs
per full-time equated pupil for each career cluster by dividing
total prior year statewide costs for each career cluster by prior
year full-time equated pupils for each career cluster.
(b) Distribution to each eligible CTE early/middle college
program shall be the product of 50% of CTE costs per full-time
equated pupil times the current year full-time equated pupil
enrollment of each career cluster in an eligible CTE early/middle
college program.
(7) In order to receive funds under this section, a CTE
early/middle college program shall furnish to the intermediate
district that is the fiscal agent identified in subsection (1), 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.
(8) Funds distributed under this section may be used to fund
program expenditures that would otherwise be paid from foundation
allowances. A program provider shall not use more than 5% of the
funds allocated under this section to the program for
administrative costs.
(9) 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.
(10) If pupils enrolled in a career cluster in an eligible CTE
early/middle college program qualify to be reimbursed under this
section, those pupils continue to qualify for reimbursement until
graduation, even if the career cluster is no longer identified as
being in the highest 5 career cluster rankings.
(11) As used in this section:
(a) "Allowable costs" means those costs directly attributable
to the program as jointly determined by the Michigan talent
investment agency and the department.
(b) "CTE" means career and technical education.
(c) "Talent district career council" means an advisory council
to the local workforce development boards located in a prosperity
region consisting of educational, employer, labor, and parent
representatives.
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 2014-2015 2015-2016 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 2013-2014 2014-
2015
shall be made in 2014-2015 2015-2016 at an amount per 2013-
2014
2014-2015 membership pupil computed by subtracting from
$188,100.00
$189,400.00 the 2013-2014 2014-2015 taxable value
behind each membership pupil and multiplying the resulting
difference
by the 2013-2014 2014-2015
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 2015-
2016 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). Programs funded under this section are intended to
increase the number of pupils who are college- and career-ready
upon high school graduation.
(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 at any community college or state public university
in this state 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
2015-2016 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 2015-2016
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. 65. (1) From the general fund money appropriated under
section 11, there is allocated an amount not to exceed $340,000.00
for 2015-2016 for a pre-college engineering K-12 educational
program that is focused on the development of a diverse future
Michigan workforce, that serves multiple communities within
southeast Michigan, that enrolls pupils from multiple districts,
and that received funds appropriated for this purpose in the
appropriations act that provided the Michigan strategic fund budget
for 2014-2015.
(2) To be eligible for funding under this section, a program
must have the ability to expose pupils to, and motivate and prepare
pupils for, science, technology, engineering, and mathematics
careers and postsecondary education with special attention given to
groups of pupils who are at-risk and underrepresented in technical
professions and careers.
Sec. 67. (1) From the general fund amount appropriated in
section 11, there is allocated an amount not to exceed
$3,600,000.00 for 2015-2016 for college and career preparation
activities. The programs funded under this section are intended to
inform students of college and career options and to provide a wide
array of tools and resources intended to increase the number of
pupils who are adequately prepared with the information needed to
make informed decisions on college and career. The funds
appropriated under this section are intended to be used to increase
the number of Michigan residents with high-quality degrees or
credentials. Funds appropriated under this section shall not be
used to supplant funding for counselors already funded by
districts.
(2) From the amount allocated in subsection (1), an amount not
to exceed $3,000,000.00 shall be used for the college access
program. The talent investment agency of the department of talent
and economic development shall administer these funds in
collaboration with the Michigan college access network. These funds
may be used for any of the following purposes:
(a) Michigan college access network operations, programming,
and services to local college access networks.
(b) Local college access networks, which are community-based
college access/success partnerships committed to increasing the
college participation and completion rates within geographically
defined communities through a coordinated strategy.
(c) The Michigan college advising program, a program intended
to place trained, recently graduated college advisors in high
schools that serve significant numbers of low-income and first-
generation college-going pupils. State funds used for this purpose
may not exceed 33% of the total funds available under this
subsection.
(d) Subgrants of up to $5,000.00 to districts with
comprehensive high schools that establish a college access team and
implement specific strategies to create a college-going culture in
a high school in a form and manner approved by the Michigan college
access network and the Michigan talent investment agency.
(e) The Michigan college access portal, an online one-stop
portal to help pupils and families plan and apply for college.
(f) Public awareness and outreach campaigns to encourage low-
income and first-generation college-going pupils to take necessary
steps toward college and to assist pupils and families in
completing a timely and accurate free application for federal
student aid.
(g) Subgrants to postsecondary institutions to recruit, hire,
and train college student mentors and college advisors to assist
high school pupils in navigating the postsecondary planning and
enrollment process.
(3) From the amount allocated in subsection (1), an amount not
to exceed $600,000.00 shall be used for the purposes of this
subsection. The talent investment agency of the department of
talent and economic development shall administer these funds in
collaboration with the Michigan college access network and the
Michigan Virtual University to provide all of the following:
(a) A pilot outreach program to provide information to pupils,
parents, and educators on dual enrollment and other opportunities
available to high school pupils to earn postsecondary credits,
industry-recognized technical certifications, and participation in
registered apprenticeships at no cost.
(b) An online career planning tool that meets all of the
following:
(i) Helps pupils create educational development plans before
starting high school.
(ii) Provides information to pupils allowing them to make more
informed choices about career and education options.
(iii) Is available to pupils at no cost.
(4) For the purposes of this section, "college" means any
postsecondary educational opportunity that leads to a career,
including, but not limited to, a postsecondary degree, industry-
recognized technical certification, or registered apprenticeship.
Sec. 74. (1) From the amount appropriated in section 11, there
is
allocated an amount not to exceed $3,316,500.00 for 2014-2015
$3,315,700.00 for 2015-2016 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
for
2014-2015 2015-2016 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 $1,691,500.00 for 2014-2015
$1,690,700.00 for 2015-2016 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. 77. (1) If a district is educating all of the high school
pupils who are counted in membership in another district pursuant
to an agreement between the 2 districts and if the educating
district provides transportation for its own resident high school
pupils, the educating district shall use state school aid under
this article to provide transportation to and from school for
normal curricular activities for those high school pupils who
reside in the other district.
(2) Subsection (1) does not require the educating district to
provide transportation for a nonresident pupil for any
extracurricular or athletic activity in which the pupil
participates.
Sec.
81. (1) Except as otherwise provided in this section,
from
From the appropriation in section 11, there is allocated
for
2014-2015
2015-2016 to the intermediate districts the sum
necessary,
but not to exceed $67,115,000.00 $67,108,000.00 to
provide state aid to intermediate districts under this section.
(2) From the allocation in subsection (1), there is allocated
for
2014-2015 2015-2016 an amount not to exceed $65,108,000.00
$67,108,000.00 for allocations to each intermediate district in an
amount
equal to 104.8% 103.1% of the amount allocated to the
intermediate
district under this subsection for 2013-2014. 2014-
2015. 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 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 3.1% 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, 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 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.
(ii) If the intermediate district did not develop a
service
consolidation
plan in 2012-2013 or 2013-2014, develop a service
consolidation
plan in 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) 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 continue to
implement
that technology plan in 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 2014-2015 and 2015-
2016,
a listing of all debt service obligations, detailed by
project,
including anticipated 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 2014-2015 2015-2016 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 $12,022,800.00 for 2014-2015
$11,967,000.00 for 2015-2016 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 2014-2015 2015-2016
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. necessary
for state and federal
reporting purposes. 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 2014-2015 an amount not to exceed $850,000.00 the
center may use an amount determined by the center for competitive
grants for 2015-2016 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) 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.
(8) 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) As used in this section:
(a)
"DED-OESE" means the United States department of education
office
of elementary and secondary education.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.
(5) (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
$7,387,500.00
for 2014-2015 2015-2016 for the purposes described in
this section.
(2)
The Michigan virtual university Virtual
University shall
operate
the Michigan virtual learning research institute. Virtual
Learning
Research Institute. The Michigan virtual
learning research
institute
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, 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) 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, 2015.March 31, 2016.
(v) Before August 31, 2015, 2016, 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,
2015,
2016, the Michigan virtual learning research institute
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.
Virtual University. The report shall also identify
barriers and other opportunities to encourage the adoption of
digital learning in the public education system.
(vi) 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, 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) Create a statewide network of school-based mentors
serving as liaisons between pupils, online instructors, parents,
and school staff and provide mentors with research-based training
and technical assistance designed to help more pupils be successful
online learners.
(vii) (vi) Convene
focus groups and conduct annual surveys of
teachers, administrators, pupils, parents, and others to identify
barriers and opportunities related to online learning.
(viii) (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.
(ix) (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.
(x) (ix) Create
and maintain a public statewide catalog of
online learning courses being offered by all public schools and
community
colleges in this state. The Michigan virtual
learning
research
institute Virtual Learning
Research Institute shall
identify and develop a list of nationally recognized best practices
for online learning and use this list to support reviews of online
course vendors, courses, and instructional practices. The Michigan
virtual
learning research institute 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
Virtual Learning Research
Institute shall review the
online
course offerings of the Michigan virtual university, 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 Virtual
Learning Research Institute
shall ensure that the statewide catalog is made available to the
public
on the Michigan virtual university Virtual University
website and shall allow the ability to link it to each district's
website
as provided for in section 21f. Beginning in 2014-2015, the
The statewide catalog shall also contain all of the following:
(A) The number of enrollments in each online course in the
immediately preceding school year.
(B) The number of enrollments that earned 60% or more of the
total course points for each online course in the immediately
preceding school year.
(C) The completion rate for each online course.
(xi) (x) Collaborate with key stakeholders to examine the
need
and
process for incorporating Develop
prototype and pilot
registration, payment services, and transcript functionality to the
statewide catalog and train key stakeholders on how to use new
features.
(xii) (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 To further enhance its
expertise and leadership in digital learning, the Michigan Virtual
University shall continue to operate the Michigan Virtual School as
a statewide laboratory and quality model of instruction by
implementing online and blended learning solutions for Michigan
schools in accordance with the following parameters:
(a)
The Michigan virtual school Virtual School must maintain
its accreditation status from recognized national and international
accrediting entities.
(b) The Michigan Virtual University shall use no more than
$1,000,000.00 of the amount allocated under this section to
subsidize the cost paid by districts for online courses.
(c) In providing educators responsible for the teaching of
online courses as provided for in this section, the Michigan
Virtual School shall follow the requirements to request and assess,
and the department of state police shall provide, a criminal
history check and criminal records check under sections 1230 and
1230a of the revised school code, MCL 380.1230 and 380.1230a, in
the same manner as if the Michigan Virtual School were a school
district under those sections.
(4) If the course offerings are included in the statewide
catalog of online courses under subsection (2)(b)(ix), the Michigan
virtual
school Virtual School operated by the Michigan virtual
university
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, Virtual
School, the student may use the
services
provided by the Michigan virtual school 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 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
Virtual School for the preceding state fiscal year:
(a)
A list of the districts served by the Michigan virtual
school.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 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 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, 2014, 2015, the Michigan
virtual
university 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 2014-2015 2015-2016
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 Not later than February 1, March 1 each year, the
Michigan
virtual university 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
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 providing instruction, 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. 99c. From the appropriation in section 11, there is
allocated from the general fund an amount not to exceed $60,000.00
for 2015-2016 for the purpose of civic education as described in
this section. The department shall establish a competitive grant
process that awards funding to not more than 1 provider for the
delivery of programs that exemplify best practices in civic
education. The programs shall teach upper elementary, middle, and
high school pupils how to participate responsibly in local and
state government, and shall provide upper elementary, middle, and
high school pupils with an innovative course of instruction on the
history and principles of United States constitutional democracy.
The grantee also shall provide support to all schools in this state
beyond those targeted for intensive programming funded under this
section through its website, conduct presentations at statewide
conferences, and conduct presentations at districts and
intermediate districts.
Sec. 99h. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $2,000,000.00 for 2014-2015 2015-
2016 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) 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) 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) 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 2014-2015 2015-2016 are
carried
forward into 2015-2016. 2016-2017.
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, 2017.2018.
Sec. 99s. (1) From the funds appropriated under section 11,
there is allocated for 2015-2016 an amount not to exceed
$3,250,000.00 from the state school aid fund appropriation and an
amount not to exceed $775,000.00 from the general fund
appropriation for Michigan science, technology, engineering, and
mathematics (MiSTEM) programs. In addition, from the federal funds
appropriated in section 11, there is allocated for 2015-2016 an
amount estimated at $5,249,300.00 from DED-OESE, title II,
mathematics and science partnership grants.
(2) From the general fund allocation in subsection (1), there
is allocated an amount not to exceed $50,000.00 to the department
for administrative and travel costs related to the MiSTEM advisory
council. All of the following apply to the MiSTEM advisory council
funded under this subsection:
(a) The MiSTEM advisory council is created. The MiSTEM
advisory council shall provide to the governor, legislature,
department of talent and economic development, and department
recommendations designed to improve and promote innovation in STEM
education and prepare students for careers in science, technology,
engineering, and mathematics.
(b) The MiSTEM advisory council created under subdivision (a)
shall consist of the following members:
(i) The governor shall appoint 11 voting members who are
representative of business sectors that are important to Michigan's
economy and rely on a STEM-educated workforce, nonprofit
organizations and associations that promote STEM education, K-12
and postsecondary education entities involved in STEM-related
career education, or other sectors as considered appropriate by the
governor. Each of these members shall serve at the pleasure of the
governor and for a term determined by the governor.
(ii) The senate majority leader shall appoint 2 members of the
senate to serve as nonvoting, ex-officio members of the MiSTEM
advisory council, including 1 majority party member and 1 minority
party member.
(iii) The speaker of the house of representatives shall
appoint 2 members of the house of representatives to serve as
nonvoting, ex-officio members of the MiSTEM advisory council,
including 1 majority party member and 1 minority party member.
(c) Each member of the MiSTEM advisory council shall serve
without compensation.
(d) The MiSTEM advisory council shall recommend a statewide
strategy for delivering STEM education-related opportunities to
pupils and objective criteria for determining preferred STEM
programs. The MiSTEM advisory council also shall make funding
recommendations to the governor, legislature, and department for
funding programs under this section for 2016-2017 not later than
March 1, 2016, including, but not limited to, recommendations
concerning funding for the STEM programs funded under this section
for 2015-2016, and shall continue to make funding recommendations
annually thereafter.
(e) The MiSTEM advisory council shall work with directors of
mathematics and science centers funded under subsection (3) to
connect educators with businesses, workforce developers, economic
developers, community colleges, and universities.
(3) From the state school aid fund allocation under subsection
(1), there is allocated for 2015-2016 an amount not to exceed
$2,750,000.00 to support the activities and programs of mathematics
and science centers. In addition, from the federal funds allocated
under subsection (1), there is allocated for 2015-2016 an amount
estimated at $5,249,300.00 from DED-OESE, title II, mathematics and
science partnership grants, for the purposes of this subsection.
All of the following apply to the programs and funding under this
subsection:
(a) 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.
(b) The department shall not award a state grant under this
subsection 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.
(c) 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 subsection.
(d) Allocations under this subsection to support the
activities and programs of mathematics and science centers shall be
continuing support grants to all 33 established mathematics and
science centers. For 2015-2016, each established mathematics and
science center that was funded for 2014-2015 under former section
99 shall receive state funding in an amount equal to 100% of the
amount it was allocated under former section 99 for 2014-2015. If a
center declines state funding or a center closes, the remaining
money available under this subsection shall be distributed to the
remaining centers, as determined by the department.
(e) From the funds allocated under this subsection, the
department shall distribute for 2015-2016 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 subdivision is in addition to funding allocated
under subdivision (d).
(f) In order to receive state or federal funds under this
subsection, 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 those funds. The grant recipient
shall reimburse the state for all disallowances found in the audit.
(g) Not later than September 30, 2018, the department shall
reevaluate and update the comprehensive master plan described in
subdivision (a).
(h) The department shall give preference in awarding the
federal grants allocated under this subsection to eligible existing
mathematics and science centers.
(i) In order to receive state funds under this subsection, a
grant recipient shall provide at least a 10% local match from local
public or private resources for the funds received under this
subsection.
(j) Not later than July 1 of each year, a mathematics and
science center that receives funds under this subsection shall
report to the department in a form and manner prescribed by the
department on the following performance measures:
(i) 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.
(ii) Statistical change in pre- and post-assessment scores for
teachers who enrolled in professional development activities
provided by the mathematics and science center.
(k) As used in this subsection:
(i) "DED" means the United States Department of Education.
(ii) "DED-OESE" means the DED Office of Elementary and
Secondary Education.
(4) From the general fund money allocated under subsection
(1), there is allocated for 2015-2016 an amount not to exceed
$100,000.00 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 2015-2016 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. All of the following apply to the grant
funding under this subsection:
(a) Funding under this subsection is in addition to funding
allocated under subsection (3) 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.
(b) A program receiving funds under section 99h may not
receive funds under this subsection.
(c) In order to receive state funds under this subsection, a
grant recipient shall provide at least a 10% local match from local
public or private resources for the funds received under this
subsection.
(5) From the funds allocated under subsection (1), there is
allocated an amount not to exceed $250,000.00 for 2015-2016 only
for grants to districts to support professional development for
teachers in a department-approved training program for science,
technology, engineering, and mathematics (STEM) instruction. All of
the following apply to the grant funding under this subsection:
(a) Any district may apply for funding under this subsection
for 2015-2016 by a date determined by the department. 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 subsection or former section 99b.
(b) For a training program to be approved by the department
for the purposes of this subsection, the program shall meet all of
the following criteria:
(i) Utilize an integrative STEM approach to content
organization and delivery. The integrative STEM approach shall
include content derived from science, technology, engineering, and
mathematics.
(ii) Offer evidence that the program outcomes address
mathematics, science, and technological literacy standards in an
exploratory middle school or high school offering.
(iii) Offer evidence that the program positively influences
student career choices along STEM career paths and increases
student engagement through peer-reviewed research.
(iv) Present evidence of the periodic updating of the
curriculum.
(v) Utilize outcome measures for teacher professional
development.
(vi) Provide peer-reviewed evidence that the program is
effective with disadvantaged students and those with language
barriers.
(c) The department shall award grants to districts in an
amount determined by the department, but not to exceed $3,200.00
per participant.
(d) A district receiving funds under this subsection shall use
the funds only for department-approved training programs under this
subsection.
(6) From the allocations under subsection (1), there is
allocated an amount not to exceed $250,000.00 for 2015-2016 only
for competitive grants to districts that provide pupils in grades K
to 12 with expanded opportunities in science education and skills
by participating in events and competitions hosted by Science
Olympiad. All of the following apply to the grant funding under
this subsection:
(a) A district applying for a grant under this subsection
shall submit an application in the form and manner determined by
the department not later than November 15, 2015. The department
shall select districts for grants and make notification not later
than December 15, 2015. To be eligible for a grant, a district
shall pay at least 25% of the cost of participating in the Science
Olympiad program.
(b) The department shall distribute the grant funding
allocated under this subsection for the following purposes:
(i) Grants to districts of up to $800.00 for new elementary
teams.
(ii) Grants to districts of up to $400.00 for established
elementary teams.
(iii) Grants to districts of up to $1,600.00 for new secondary
teams.
(iv) Grants to districts of up to $800.00 for established
secondary teams.
(7) From the general fund allocation under subsection (1),
there is allocated an amount not to exceed $250,000.00 for 2015-
2016 only for a grant to the Van Andel Education Institute for the
purposes of advancing and promoting science education and
increasing the number of students who choose to pursue careers in
science or science-related fields. Funds allocated under this
subsection shall be used to provide professional development for
science teachers in using student-driven, inquiry-based
instruction.
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 2014-2015, the required minimum number of days of
pupil instruction is 175. However, all of the following apply to
these requirements:
(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) 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) 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) Hours or days lost because of strikes or teachers'
conferences shall not be counted as hours or days of pupil
instruction.
(e) 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) Except as otherwise provided in subdivisions (g) and (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) 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 (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) 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
shall grant a waiver from the requirements of subdivision
(f).
The waiver shall indicate that an eligible district is subject to
the proration provisions of subdivision (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) All of the following apply to a waiver granted under
subdivision (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) 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 3 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 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 shall
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, is on track
for course completion at
proficiency level, 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 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. 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. 102d. (1) From the funds appropriated in section 11,
there is allocated an amount not to exceed $1,500,000.00 for 2015-
2016 for reimbursements to districts for the licensing of school
data analytical tools as described under this section. The
reimbursement is for districts that choose to use a school data
analytical tool to assist the district and that enter into a
licensing agreement for a school data analytical tool with 1 of the
vendors approved by the department of technology, management, and
budget under subsection (2).
(2) Not later than October 15, 2015, the department of
technology, management, and budget shall review vendors for school
data analytical tools and provide districts with a list of at least
2 and up to 4 approved vendors that districts may use to be
eligible for a reimbursement paid under this section. For a vendor
to be approved under this section, the department of technology,
management, and budget must determine that the school data
analytical tool supplied by the vendor meets at least all of the
following:
(a) Analyzes financial data.
(b) Analyzes academic data.
(c) Provides early warning indicators of financial stress.
(d) Has the capability to provide peer district comparisons of
both financial and academic data.
(e) Has the capability to provide financial projections for at
least 3 subsequent fiscal years.
(3) Funds allocated under this section shall be paid to
districts as a reimbursement for already having a licensing
agreement or for entering into a licensing agreement not later than
December 1, 2015 with a vendor approved under subsection (2) to
implement a school data analytical tool. Reimbursement under this
section shall be made on an equal per-pupil basis.
(4) Notwithstanding section 17b, payments under this section
shall be made on a schedule determined by the department.
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 2014-2015 2015-2016
an amount not to exceed
$41,394,400.00
$43,994,400.00 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 2014-2015 2015-2016
an amount estimated at
$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, student
test of
educational progress (M-STEP), 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 $5,600,000.00 for the
purpose
of implementing a summative assessment system pursuant to section
104c.
(8) As used in this section:
(a)
"DED" means the United States department of
education.Department of Education.
(b)
"DED-OESE" means the DED office of elementary and
secondary
education.Office of
Elementary and Secondary Education.
(c)
"DED-OSERS" means the DED office of special education and
rehabilitative
services.Office of Special
Education and
Rehabilitative Services.
Sec. 104b. (1) In order to receive state aid under this
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. The
Michigan merit examination consists of a college entrance test,
work skills test, and the summative assessment known as the
Michigan student test of educational progress (M-STEP).
(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 the majority of
colleges
and universities in this state for entrance or placement
purposes.
This shall may include 1 or more writing components. In
selecting assessment instruments to fulfill the requirements of
this subdivision, the department may consider the degree to which
those assessment instruments are aligned to this state's content
standards.
(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 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, this
state's content standards 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.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. To the
extent that the department determines that additional test items
beyond those included in the college entrance component of the
Michigan merit examination are required in a particular subject
area, the department shall ensure that all test items in that
subject area are scaled and merged for the purposes of producing a
Michigan merit examination subject area score. 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 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.
(b) (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.
(c) (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.
(d) (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.this
state's content standards, as
appropriate. Annually, after each administration of the Michigan
merit examination, the department shall provide a report of the
points per standard so that teachers will know what content will be
covered within the Michigan merit examination. The department may
augment the college entrance and work skills components of the
Michigan merit examination to develop the assessment, depending on
the alignment of those components to this state's content
standards. If these components do not align to these standards, the
department shall produce additional components as required by law,
while minimizing the amount of time needed for assessments.
(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
technology, 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) 2015-2016 the
Michigan student test of
educational progress (M-STEP) 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, 11, 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.
(k) (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.
(l) (m)
The summative assessment system
shall ensure that the
assessments are pilot tested before statewide implementation.
(m) (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.
(n) (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.Beginning in the 2015-2016 school year, the
department
shall field test additional components in the assessment system
under this subsection for full implementation in the 2016-2017
school year. The additional components are necessary to determine a
pupil's proficiency level before grade 3. The additional components
are as follows:
(a) Assessments administered in the fall and spring of each
year to measure English language arts and mathematics in each of
grades 1 and 2.
(b) The kindergarten entry assessment (KEA), to be
administered in the fall of the kindergarten year. The KEA shall
include the same components as under subdivision (a) and also may
include observational components that measure cognitive, social-
emotional, and physical skills.
(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.
(6) (7)
As used in this section,
"English language arts" means
that term as defined in section 104b.
Sec. 104d. (1) From the state school aid fund money
appropriated in section 11, there is allocated for 2015-2016 an
amount not to exceed $4,000,000.00 for providing reimbursement to
districts that purchase a computer-adaptive test for each pupil
enrolled in the district or that purchase 1 or more diagnostic
tools, screening tools, or benchmark assessments for pupils in
grades K to 3 that are intended to increase reading proficiency by
grade 4.
(2) In order to receive reimbursement under this section for
the purchase of a computer-adaptive test, the computer-adaptive
test must provide for at least all of the following:
(a) Internet-delivered, standards-based assessment using a
computer-adaptive model to target the instructional level of each
pupil.
(b) Unlimited testing opportunities throughout the 2015-2016
school year.
(c) Valid and reliable diagnostic assessment data.
(d) Adjustment of testing difficulty based on previous answers
to test questions.
(e) Immediate feedback to pupils and teachers.
(3) In order to receive reimbursement under this section for
the purchase of 1 or more diagnostic tools or screening tools for
pupils in grades K to 3, each of the tools must meet all of the
following:
(a) Be reliable.
(b) Be valid.
(c) Be useful. As used in this subdivision, "useful" means
that a tool is easy to administer and requires a short time to
complete and that results are linked to intervention.
(4) In order to receive funding under this section for the
purchase of 1 or more benchmark assessments for pupils in grades K
to 3, each of the benchmark assessments must meet all of the
following:
(a) Be aligned to the state standards of this state.
(b) Complement this state's summative assessment system.
(c) Be administered at least once a year before the
administration of any summative assessment to monitor pupil
progress.
(d) Provide information on pupil achievement with regard to
learning the content required in a given year or grade span.
(5) Reimbursement under this section shall be made to eligible
districts that purchase a computer-adaptive test or 1 or more
diagnostic tools, screening tools, or benchmark assessments
described in this section by October 15, 2015 and shall be made on
an equal per-pupil basis according to the available funding.
(6) In order to receive reimbursement under this section, a
district shall demonstrate to the satisfaction of the department
that each qualifying computer-adaptive test, diagnostic tool,
screening tool, or benchmark assessment was purchased by the
district by December 1, 2015.
Sec. 107. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $22,000,000.00 $25,000,000.00 for
2014-2015
2015-2016 for adult education programs authorized under
this
section. Funds Except as
otherwise provided under subsections
(16) and (18), 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
an eligible adult education provider 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 an individual 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.
(i) (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.
(ii) (iii) Is
enrolled in an English as a second language
program.
(iii) (iv) Is
enrolled in a high school completion program.
(iv) Is 20 years of age on September 1 of the school year, is
enrolled in an adult basic education program, and is determined by
a department-approved assessment, in a form and manner prescribed
by the department, to be below grade 9 level in reading or
mathematics, or both.
(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) By April 1 of each fiscal year, the intermediate districts
within a prosperity region or subregion shall determine which
intermediate district will serve as the prosperity region's or
subregion's fiscal agent for the next fiscal year and shall notify
the department in a form and manner determined by the department.
The department shall approve or disapprove of the prosperity
region's or subregion's selected fiscal agent. 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 or subregions 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 Beginning
in 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 or subregion in 2013-2014, and 33% shall be
allocated based on the factors in subdivisions (a), (b), and (c).
For
2015-2016, 2016-2017, 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, Beginning
in 2017-2018, 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 or
subregions, as reported by the most recent 5-year estimates from
the
American community survey (ACS) from the United States census
bureau.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 or subregions, as
reported by the most recent 5-year estimates from the American
community
survey (ACS) from the United States census bureau.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 or
subregions, as reported by the most recent 5-year estimates from
the
American community survey (ACS) from the United States census
bureau.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 or subregion as described in this section.
(b)
Collaborate with education advisory groups the talent
district career council, which is an advisory council of the
workforce development boards located in the prosperity region or
subregion, or its successor, to develop a regional strategy that
aligns adult education programs and services into an efficient and
effective delivery system for adult education learners, with
special consideration for providing contextualized learning and
career pathways.
(c)
Collaborate with education advisory groups the talent
district career council, which is an advisory council of the
workforce development boards located in the prosperity region or
subregion, or its successor, 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, past performance, quality indicators as identified by the
department,
and cost to provide instructional
services. All The
fiscal agent shall determine all local processes, criteria, and
provider determinations. However, the local processes, criteria,
and provider services must be approved by the department before
funds may be distributed to the fiscal agent.
(d) Provide oversight to its adult education providers
throughout the program year to ensure compliance with the
requirements of this section.
(e) (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 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 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 obtains the G.E.D.
(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)
Seventy-five Eighty percent for enrollment of eligible
participants.
(b)
Twenty-five Twenty percent for participant completion of
the adult basic education objectives by achieving an educational
gain as determined by the national reporting system levels; for
achieving basic English proficiency, as determined by the
department; 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; for enrollment in a postsecondary institution, or
for entry into or retention of employment, as applicable.
(12) A person who is not eligible to be a participant funded
under this section may receive adult education services upon the
payment of tuition. In addition, a person who is not eligible to be
served in a program under this section due to the program
limitations specified in subsection (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) An individual who is an inmate in a state correctional
facility shall not be counted as a participant under this section.
(14) A funding recipient shall not commingle money received
under this section or from another source for adult education
purposes with any other funds and shall establish a separate ledger
account for 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) A funding recipient receiving funds under this section
may establish a sliding scale of tuition rates based upon a
participant's family income. A 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 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.Department of Health
and Human Services.
(16) In order to receive funds under this section, a 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. In addition, a funding recipient
shall agree to pay to a career and technical education program
under section 61a the amount of funding received under this section
in the proportion of career and technical education coursework used
to satisfy adult basic education programming, as billed to the
funding recipient by programs operating under section 61a.
(17) 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.
(18) From the amount appropriated in subsection (1), an amount
not to exceed $500,000.00 shall be allocated for 2015-2016 to not
more than 1 pilot program that is located in a prosperity region
with 2 or more subregions and that connects adult education
participants directly with employers by linking adult education,
career and technical skills, and workforce development. To be
eligible for funding under this subsection, a pilot program shall
provide a collaboration linking adult education programs within the
county, the area career/technical center, and local employers, and
shall meet the additional criteria in subsections (19) and (20).
Funding under this subsection for 2015-2016 is for the first of 3
years of funding.
(19) A pilot program funded under subsection (18) shall
require adult education staff to work with Michigan Works! to
identify a cohort of participants who are most prepared to
successfully enter the workforce. Participants identified under
this subsection shall be dually enrolled in adult education
programming and at least 1 technical course at the area
career/technical center.
(20) A pilot program funded under subsection (18) shall have
on staff an adult education navigator who will serve as a
caseworker for each participant identified under subsection (19).
The navigator shall work with adult education staff and potential
employers to design an educational program best suited to the
personal and employment needs of the participant, and shall work
with human service agencies or other entities to address any
barrier in the way of participant access.
(21) Not later than December 1, 2016, the pilot program funded
under subsection (18) shall provide to the senate and house
appropriations subcommittees on school aid and to the senate and
house fiscal agencies a report detailing number of participants,
graduation rates, and a measure of transitioning to employment.
(22) The department shall develop an application process for a
pilot program to be funded under subsection (18) and shall award
funding not later than November 1, 2015. Funding allocated under
subsection (18) may be paid on a schedule other than that specified
under section 17b.
(23) (18)
As used in this section:
(a) "Career pathway" means a combination of rigorous and high-
quality education, training, and other services that comply with
all of the following:
(i) Aligns with the skill needs of industries in the economy
of this state or in the regional economy involved.
(ii) Prepares an individual to be successful in any of a full
range of secondary or postsecondary education options, including
apprenticeships registered under the act of August 16, 1937
(commonly known as the "national apprenticeship act"), 29 USC 50 et
seq.
(iii) Includes counseling to support an individual in
achieving the individual's education and career goals.
(iv) Includes, as appropriate, education offered concurrently
with and in the same context as workforce preparation activities
and training for a specific occupation or occupational cluster.
(v) Organizes education, training, and other services to meet
the particular needs of an individual in a manner that accelerates
the educational and career advancement of the individual to the
extent practicable.
(vi) Enables an individual to attain a secondary school
diploma or its recognized equivalent, and at least 1 recognized
postsecondary credential.
(vii) Helps an individual enter or advance within a specific
occupation or occupational cluster.
(b) (a)
"Department" means the Michigan
strategic
fund.department of talent and economic development.
(c) (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.
(d) (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 for 2014-2015 2015-2016 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 2014-2015 2015-2016 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 33.41%, 36.31%,
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 32.33%, 35.09%, with
24.70%
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 personal healthcare fund, the annual level percentage of
payroll
contribution rate is estimated at 31.82%, 34.66%, with
24.19%
24.13% 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 28.59%, 31.49%,
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 29.10%, 31.92%, with 21.47% 21.39% 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 28.59%, 31.49%, 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 32.90%, 35.88%, with
25.27%
25.35% paid directly by the employer.
(3) In addition to the employer payments described in
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) The contribution rates in subsection (2) reflect an
amortization
period of 24 23 years for 2014-2015. 2015-2016. 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 2014-2015 2015-2016 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 2014-2015 2015-2016 an amount not to exceed
$658,400,000.00
$892,900,000.00 from the state school aid fund ,
and
there is appropriated for 2014-2015 an amount not to exceed
$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. In addition, from the general fund money
appropriated
in section 11, there is allocated for 2014-2015 2015-
2016
an amount not to exceed $500,000.00 $600,000.00 for payments
to district libraries that are participating entities of the
Michigan public school employees' retirement system.
(2)
For 2014-2015, 2015-2016, the amounts allocated under
subsection (1) are estimated to provide an average MPSERS rate cap
per
pupil amount of $449.00 $601.00
and are estimated to provide a
rate cap per pupil for districts ranging between $4.00 and
$2,056.00.$2,300.00.
(3)
Payments made under this section for 2014-2015 2015-2016
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, December 20, 2015, the
department shall publish and post on its website an estimated
MPSERS rate cap per pupil for each district.
(8) 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) "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) "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. 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 2014-2015 2015-
2016 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. 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 educator
to teach in an
elementary or secondary school or in an adult basic education or
high school completion program.
(b)
A noncertificated counselor educator
to provide counseling
services to pupils in an elementary or secondary school or in an
adult basic education or high school completion program.
(c) A noncertificated educator to administer instructional
programs in an elementary or secondary school, or in an adult basic
education or high school completion program, unless that educator
is fulfilling applicable continuing education requirements.
(2) Except as provided in the revised school code, a district
or
intermediate district employing teachers or counselors educators
not legally certificated or licensed shall have deducted the sum
equal
to the amount paid the teachers or counselors educators for
the period of noncertificated, unlicensed, or illegal employment.
Each intermediate superintendent shall notify the department of the
name
of the noncertificated teacher or counselor, or unlicensed
educator, and the district employing that individual and the amount
of
salary the noncertificated teacher or counselor or unlicensed
educator 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
or unlicensed educator in violation of this section and
knowingly
continues to employ that teacher or counselor, educator,
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. 201. (1) Subject to the conditions set forth in this
article, the amounts listed in this section are appropriated for
community
colleges for the fiscal year ending September 30, 2015,
2016, from the funds indicated in this section. The following is a
summary of the appropriations in this section:
(a)
The gross appropriation is $364,724,900.00.
$387,825,600.00. After deducting total interdepartmental grants and
intradepartmental transfers in the amount of $0.00, the adjusted
gross
appropriation is $364,724,900.00.$387,825,600.00.
(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,
$364,724,900.00.$256,714,800.00.
(v) State general fund/general purpose money,
$0.00.$131,110,800.00.
(2) Subject to subsection (3), the amount appropriated for
community
college operations is $307,191,300.00, $311,492,000.00,
allocated as follows:
(a) The appropriation for Alpena Community College is
$5,390,700.00,
$5,236,500.00 for operations and $154,200.00 for
performance
funding.$5,464,400.00,
$5,390,700.00 for operations and
$73,700.00 for performance funding.
(b) The appropriation for Bay de Noc Community College is
$5,419,500.00,
$5,279,300.00 for operations and $140,200.00 for
performance
funding.$5,490,200.00,
$5,419,500.00 for operations and
$70,700.00 for performance funding.
(c)
The appropriation for Delta College is $14,498,900.00,
$14,063,500.00
for operations and $435,400.00 for performance
funding.$14,704,000.00, $14,498,900.00 for operations
and
$205,100.00 for performance funding.
(d) The appropriation for Glen Oaks Community College is
$2,516,100.00,
$2,441,500.00 for operations and $74,600.00 for
performance
funding.$2,551,100.00,
$2,516,100.00 for operations and
$35,000.00 for performance funding.
(e) The appropriation for Gogebic Community College is
$4,451,400.00,
$4,330,300.00 for operations and $121,100.00 for
performance
funding.$4,509,900.00,
$4,451,400.00 for operations and
$58,500.00 for performance funding.
(f) The appropriation for Grand Rapids Community College is
$17,947,500.00,
$17,454,900.00 for operations and $492,600.00 for
performance
funding.$18,187,300.00,
$17,947,500.00 for operations
and $239,800.00 for performance funding.
(g)
The appropriation for Henry Ford Community College is
$21,623,800.00,
$21,060,000.00 for operations and $563,800.00 for
performance
funding.$21,893,300.00,
$21,623,800.00 for operations
and $269,500.00 for performance funding.
(h)
The appropriation for Jackson College is $12,087,300.00,
$11,758,200.00
for operations and $329,100.00 for performance
funding.$12,245,300.00, $12,087,300.00 for operations
and
$158,000.00 for performance funding.
(i) The appropriation for Kalamazoo Valley Community College
is
$12,503,100.00, $12,122,500.00 for operations and $380,600.00
for
performance funding.$12,689,400.00,
$12,503,100.00 for
operations and $186,300.00 for performance funding.
(j) The appropriation for Kellogg Community College is
$9,813,500.00,
$9,522,000.00 for operations and $291,500.00 for
performance
funding.$9,950,100.00,
$9,813,500.00 for operations and
$136,600.00 for performance funding.
(k) The appropriation for Kirtland Community College is
$3,167,700.00,
$3,055,700.00 for operations and $112,000.00 for
performance
funding.$3,221,500.00,
$3,167,700.00 for operations and
$53,800.00 for performance funding.
(l) The appropriation for Lake Michigan College is
$5,342,900.00,
$5,178,100.00 for operations and $164,800.00 for
performance
funding.$5,417,700.00, $5,342,900.00
for operations and
$74,800.00 for performance funding.
(m) The appropriation for Lansing Community College is
$30,877,600.00,
$30,023,700.00 for operations and $853,900.00 for
performance
funding.$31,288,200.00,
$30,877,600.00 for operations
and $410,600.00 for performance funding.
(n) The appropriation for Macomb Community College is
$32,816,600.00,
$31,931,200.00 for operations and $885,400.00 for
performance
funding.$33,239,500.00,
$32,816,600.00 for operations
and $422,900.00 for performance funding.
(o) The appropriation for Mid Michigan Community College is
$4,682,000.00,
$4,517,900.00 for operations and $164,100.00 for
performance
funding.$4,757,700.00,
$4,682,000.00 for operations and
$75,700.00 for performance funding.
(p) The appropriation for Monroe County Community College is
$4,492,900.00,
$4,342,600.00 for operations and $150,300.00 for
performance
funding.$4,565,600.00,
$4,492,900.00 for operations and
$72,700.00 for performance funding.
(q) The appropriation for Montcalm Community College is
$3,226,700.00,
$3,121,200.00 for operations and $105,500.00 for
performance
funding.$3,280,600.00,
$3,226,700.00 for operations and
$53,900.00 for performance funding.
(r) The appropriation for C.S. Mott Community College is
$15,686,100.00,
$15,247,100.00 for operations and $439,000.00 for
performance
funding.$15,901,700.00,
$15,686,100.00 for operations
and $215,600.00 for performance funding.
(s) The appropriation for Muskegon Community College is
$8,901,000.00,
$8,653,500.00 for operations and $247,500.00 for
performance
funding.$9,020,700.00,
$8,901,000.00 for operations and
$119,700.00 for performance funding.
(t) The appropriation for North Central Michigan College is
$3,172,400.00,
$3,064,400.00 for operations and $108,000.00 for
performance
funding.$3,224,800.00,
$3,172,400.00 for operations and
$52,400.00 for performance funding.
(u) The appropriation for Northwestern Michigan College is
$9,078,800.00,
$8,825,300.00 for operations and $253,500.00 for
performance
funding.$9,200,500.00,
$9,078,800.00 for operations and
$121,700.00 for performance funding.
(v) The appropriation for Oakland Community College is
$21,123,300.00,
$20,483,100.00 for operations and $640,200.00 for
performance
funding.$21,429,400.00,
$21,123,300.00 for operations
and $306,100.00 for performance funding.
(w) The appropriation for St. Clair County Community College
is
$7,061,600.00, $6,860,100.00 for operations and $201,500.00 for
performance
funding.$7,158,000.00,
$7,061,600.00 for operations and
$96,400.00 for performance funding.
(x) The appropriation for Schoolcraft College is
$12,513,700.00,
$12,112,200.00 for operations and $401,500.00 for
performance
funding.$12,706,400.00,
$12,513,700.00 for operations
and $192,700.00 for performance funding.
(y) The appropriation for Southwestern Michigan College is
$6,576,400.00,
$6,404,300.00 for operations and $172,100.00 for
performance
funding.$6,657,600.00,
$6,576,400.00 for operations and
$81,200.00 for performance funding.
(z) The appropriation for Washtenaw Community College is
$13,077,300.00,
$12,610,800.00 for operations and $466,500.00 for
performance
funding.$13,301,100.00,
$13,077,300.00 for operations
and $223,800.00 for performance funding.
(aa) The appropriation for Wayne County Community College is
$16,727,600.00,
$16,194,300.00 for operations and $533,300.00 for
performance
funding.$16,989,800.00,
$16,727,600.00 for operations
and $262,200.00 for performance funding.
(bb) The appropriation for West Shore Community College is
$2,414,900.00,
$2,349,800.00 for operations and $65,100.00 for
performance
funding.$2,446,200.00,
$2,414,900.00 for operations and
$31,300.00 for performance funding.
(3) The amount appropriated in subsection (2) for community
college
operations is $307,191,300.00, appropriated from the state
school
aid fund.appropriated from
the following:
(a) State school aid fund, $236,181,200.00.
(b) State general fund/general purpose money, $75,310,800.00.
(4) From the appropriations described in subsection (1),
subject to section 207a, the amount appropriated for fiscal year
2014-2015
2015-2016 to offset certain fiscal year 2014-2015 2015-
2016 retirement contributions is $1,733,600.00, appropriated from
the state school aid fund.
(5) From the appropriations described in subsection (1),
subject to section 207b, the amount appropriated for payments to
community colleges that are participating entities of the
retirement
system is $52,300,000.00, $69,500,000.00,
$17,200,000.00
appropriated from the state school aid fund, and $52,300,000.00
appropriated from general fund/general purpose money.
(6) From the appropriations described in subsection (1),
subject to section 207c, the amount appropriated for renaissance
zone
tax reimbursements is $3,500,000.00, $5,100,000.00,
$1,600,000.00 appropriated from the state school aid fund, and
$3,500,000.00 appropriated from general fund/general purpose money.
Sec. 201a. It is the intent of the legislature to provide
appropriations
for the fiscal year ending on September 30, 2016
2017
for the items listed in section 201.
The fiscal year 2015-2016
2016-2017 appropriations are anticipated to be the same as those
for
fiscal year 2014-2015, 2015-2016,
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
2015
2016 consensus revenue estimating conference.
Sec. 206. The funds appropriated in section 201 are
appropriated for community colleges with fiscal years ending June
30,
2015 2016 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,
2014.
2015. Each community college shall accrue its July and
August
2015
2016 payments to its institutional fiscal year ending
June 30,
2015.
2016. 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
2013-2014
2014-2015 to the workforce development agency by November
1,
2014, 2015, or failed to submit its longitudinal data system
data
set for school year 2013-2014 2014-2015
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
fiscal year 2015-2016 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
that
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
percentage of the total covered
payroll covered by the
retirement
system-covered payroll for all community colleges that
are
participating colleges for fiscal
year 2013-2014.in the
immediately preceding fiscal year.
Sec. 207b. All of the following apply to the allocation of the
fiscal year 2015-2016 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,
1996 PA 376, MCL 125.2692:
(a) The amount allocated to each community college under
section 201(6) for fiscal year 2015-2016 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 taxes levied in 2015 under the Michigan renaissance zone
act, 1996 PA 376, MCL 125.2681 to 125.2696.
(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 payable
to each eligible community
college
in fiscal year 2013-2014 under section 12 of the Michigan
renaissance zone act, 1996 PA 376, 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 Data Book and Companion".
(c) General fund revenue and expenditure projections for
fiscal
year 2014-2015 2015-2016 and fiscal year 2015-2016.2016-
2017.
(d) A listing of all debt service obligations, detailed by
project,
anticipated fiscal year 2014-2015 2015-2016 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(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 of each fiscal year and post
that
information on the internet its
website as required under
subsection (1):
(a)
Budgeted fiscal year 2014-2015 2015-2016
general fund
revenue from tuition and fees.
(b)
Budgeted fiscal year 2014-2015 2015-2016
general fund
revenue from state appropriations.
(c)
Budgeted fiscal year 2014-2015 2015-2016
general fund
revenue from property taxes.
(d)
Budgeted fiscal year 2014-2015 2015-2016
total general
fund revenue.
(e)
Budgeted fiscal year 2014-2015 2015-2016
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. 210. (1) Recognizing the critical importance of education
in
strengthening Michigan's workforce, the legislature encourages
each community college is encouraged to explore ways of increasing
collaboration and cooperation with 4-year universities,
particularly in the areas related to training, instruction, and
program articulation.
(2) Recognizing the central role of community colleges in
responding to local employment needs and challenges, community
colleges shall develop and continue efforts to collaborate with
local employers and students to identify local employment needs and
strategies to meet them.
(3) Community colleges are encouraged to collaborate with each
other on innovations to identify and meet local employment needs.
(4) Community colleges are encouraged to work with
universities to develop equivalency standards of core college
courses and identify equivalent courses offered by postsecondary
institutions.
Sec. 210b. (1) It is the intent of the legislature that the
Michigan
association of collegiate registrars and admissions
officers
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,
Association of Collegiate Registrars and Admissions Officers, the
Michigan
community college association, Community
College
Association,
and the presidents council, state
universities
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, 2015.2016.
Sec. 210c. (1) A study committee shall be created to develop a
process to improve the transferability and applicability of
associate of arts and associate of science degrees as a block of
credits between community colleges and public universities on a
statewide basis. Building on the Michigan transfer network
sponsored by the Michigan Association of Collegiate Registrars and
Admissions Officers and, where possible, existing local
articulation agreements between individual institutions, the
committee shall work to explore standards for program articulation
between institutions so that an associate of arts or associate of
science degree earned at a community college is considered the
equivalent of the first 60 credits of a baccalaureate degree, and
those credits can be seamlessly transferred and applied to the
program of study at the receiving university.
(2) It is the intent of the legislature that the study
committee created under subsection (1) explore issues relevant to
block transfer agreements, including, but not limited to, the
satisfaction of all lower division general education requirements,
the applicability of equivalent courses to the major program of
study, junior-level standing at the university for transfer
students, and the completion of the baccalaureate degree with a
limit of 60 post-transfer credit hours. Because of the
legislature's interest in promoting degree completion, the study
committee should also consider incentives for students to complete
both an associate degree and a baccalaureate degree.
(3) The study committee created under subsection (1) shall
consist of the following members:
(a) Ten representatives from community colleges selected by
the Michigan Community College Association.
(b) Ten representatives from public universities selected by
the Presidents Council, State Universities of Michigan.
(c) Four members of the Michigan Association of Collegiate
Registrars and Admissions Officers.
(d) One member of the Michigan house of representatives
selected by the speaker of the house.
(e) One member of the Michigan house of representatives
selected by the minority leader of the house.
(f) One member of the Michigan senate selected by the senate
majority leader.
(g) One member of the Michigan senate selected by the senate
minority leader.
(4) The study committee created under subsection (1) shall
submit a project status report and initial recommendations 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, 2016.
Sec. 210d. Community colleges are encouraged to work with
public universities in the state to implement statewide reverse
transfer agreements to increase the number of students that are
awarded credentials of value upon completion of the necessary
credits. These statewide agreements shall enable students who have
earned a significant number of credits at a community college and
transferred to a baccalaureate-granting institution before
completing a degree to transfer the credits earned at the
baccalaureate institution back to the community college in order to
be awarded a credential of value.
Sec. 217. (1) 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,
Community College
Association, appointed by the
president of the association. From the groupings of community
colleges given in table 17 of the activities classification
structure
report database described in subsection (4), (1), 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. 222. Each community college shall have an annual audit of
all income and expenditures performed by an independent auditor and
shall furnish the independent auditor's management letter and an
annual audited accounting of all general and current funds income
and expenditures including audits of college foundations to the
members of the senate and house appropriations subcommittees on
community colleges, the senate and house fiscal agencies, the
auditor general, the workforce development agency, and the state
budget director before November 15 of each year. If a community
college fails to furnish the audit materials, the monthly state aid
installments shall be withheld from that college until the
information is submitted. All reporting shall conform to the
requirements set forth in the "2001 Manual for Uniform Financial
Reporting,
Michigan Public Community Colleges". It is the intent of
the
legislature that a A community college shall make the
information the community college is required to provide under this
section
available to the public on its internet website.
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, 2014, 2015, 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 2014-2015 2015-2016
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 2014-2015 2015-2016
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. 226. Each community college shall report to the workforce
development agency the numbers and type of associate degrees and
other certificates awarded during the previous fiscal year. The
report shall be made not later than November 15 of each year.
Community colleges shall work with the workforce development agency
and the center for educational performance and information to
develop a systematic approach for meeting this requirement.
Sec.
229. (1) It is the intent of the legislature that each
Each community college that receives an appropriation in section
201 is expected to include in its admission application process a
specific question as to whether an applicant for admission 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 expected 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,
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 3324.3325.
Sec.
229a. Included in the fiscal year 2014-2015 2015-2016
appropriations for the department of technology, management, and
budget are appropriations totaling $29,479,600.00 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, $485,400.00.$652,700.00.
(b)
Bay de Noc Community College, $636,600.00.$685,900.00.
(c)
Delta College, $2,842,800.00.$3,510,900.00.
(d)
Glen Oaks Community College, $123,300.00.$123,100.00.
(e)
Gogebic Community College, $16,900.00.$67,600.00.
(f) Grand Rapids Community College,
$1,792,400.00.$2,126,000.00.
(g)
Henry Ford Community College, $1,030,800.00.$1,028,500.00.
(h)
Jackson College, $1,787,300.00.$1,677,800.00.
(i) Kalamazoo Valley Community College,
$1,471,000.00.$1,557,700.00.
(j)
Kellogg Community College, $521,400.00.$520,200.00.
(k)
Kirtland Community College, $364,000.00.$363,200.00.
(l) Lake Michigan College, $340,900.00.$340,200.00.
(m)
Lansing Community College, $610,100.00.$1,282,200.00.
(n)
Macomb Community College, $1,316,600.00.$1,377,400.00.
(o) Mid Michigan Community College,
$1,117,300.00.$1,712,600.00.
(p) Monroe County Community College,
$1,266,500.00.$1,263,600.00.
(q)
Montcalm Community College, $973,700.00.$971,500.00.
(r)
C.S. Mott Community College, $1,808,000.00.$1,803,900.00.
(s)
Muskegon Community College, $198,500.00.$267,800.00.
(t)
North Central Michigan College, $117,600.00.$469,400.00.
(u) Northwestern Michigan College,
$1,308,600.00.$1,305,600.00.
(v)
Oakland Community College, $466,300.00.$465,200.00.
(w) St. Clair County Community College,
$357,000.00.$356,200.00.
(x)
Schoolcraft College, $1,550,300.00.$1,546,700.00.
(y)
Southwestern Michigan College, $231,100.00.$286,900.00.
(z)
Washtenaw Community College, $1,680,600.00.$1,676,800.00.
(aa) Wayne County Community College,
$1,466,000.00.$1,462,700.00.
(bb)
West Shore Community College, $578,600.00.$577,300.00.
Sec. 230. (1) Money included in the appropriations for
community college operations under section 201(2) in fiscal year
2014-2015
2015-2016 for performance funding is distributed based on
the following formula:
(a)
Allocated proportionate to fiscal year 2013-2014 2014-2015
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
Community College Association and described in subsection (2), 15%.
(2) 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
October 15, 2014, 2015, that the college has met 4 out of 5
best practices listed in each category described in subsection (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 (3).
Amounts distributed under local strategic value shall be on a
proportionate
basis to each college's fiscal year 2013-2014 2014-
2015 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) For purposes of subsection (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,
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.
(4) Payments for performance funding under section 201(2)
shall be made to a community college only if that community college
actively participates in the Michigan transfer network sponsored by
the Michigan Association of Collegiate Registrars and Admissions
Officers and submits timely updates, including updated course
equivalencies at least every 6 months, to the Michigan transfer
network. The state budget director shall determine if a community
college has not satisfied this requirement. The state budget
director may withhold payments for performance funding until a
community college is in compliance with this section.
Sec. 230a. (1) A task force shall be formed by October 15,
2015 to review, evaluate, discuss, and make recommendations
regarding performance indicators established under the authority of
section 242 of 2005 PA 154. The task force shall review whether the
current metrics used are the most appropriate and reliable
performance indicators available and determine the most efficient
methodology for connecting state funding to those indicators.
(2) The task force described in subsection (1) shall consist
of the following members:
(a) Two members of the Michigan house of representatives. One
member shall be designated by the speaker of the house, and 1
member shall be designated by the house minority leader.
(b) Two members of the Michigan senate. One member shall be
designated by the senate majority leader, and 1 member shall be
designated by the senate minority leader.
(c) One representative from the department of technology,
management, and budget, designated by the state budget director.
(d) Four representatives of Michigan public community
colleges. The Michigan Community College Association shall
designate 1 representative from each of the 4 groups described in
the activities classification structure data book published by the
workforce development agency.
(3) The task force described in subsection (1) shall submit a
report containing its findings and recommendations to the house and
senate appropriations subcommittees on community colleges, the
house and senate fiscal agencies, and the state budget director by
January 15, 2016.
Sec. 236. (1) Subject to the conditions set forth in this
article, the amounts listed in this section are appropriated for
higher
education for the fiscal year ending September 30, 2015,
2016, from the funds indicated in this section. The following is a
summary of the appropriations in this section:
(a)
The gross appropriation is $1,516,496,300.00.
$1,534,724,400.00. After deducting total interdepartmental grants
and intradepartmental transfers in the amount of $0.00, the
adjusted
gross appropriation is $1,516,496,300.00.
$1,534,724,400.00.
(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,
$206,567,900.00.$205,279,500.00.
(v) State general fund/general purpose money,
$1,212,902,000.00.$1,232,418,500.00.
(2) Amounts appropriated for public universities are as
follows:
(a) The appropriation for Central Michigan University is
$79,115,000.00,
$73,540,100.00 for operations and $5,574,900.00 for
performance
funding.$80,904,400.00,
$79,164,800.00 for operations
and $1,739,600.00 for performance funding.
(b) The appropriation for Eastern Michigan University is
$71,771,100.00,
$67,275,400.00 for operations and $4,495,700.00 for
performance
funding.$72,835,300.00,
$71,782,500.00 for operations
and $1,052,800.00 for performance funding.
(c) The appropriation for Ferris State University is
$49,087,000.00,
$45,636,500.00 for operations and $3,450,500.00 for
performance
funding.$50,227,800.00,
$49,119,100.00 for operations
and $1,108,700.00 for performance funding.
(d) The appropriation for Grand Valley State University is
$63,136,000.00,
$57,823,500.00 for operations and $5,312,500.00 for
performance
funding.$65,035,200.00,
$63,156,500.00 for operations
and $1,878,700.00 for performance funding.
(e) The appropriation for Lake Superior State University is
$12,782,500.00,
$12,231,000.00 for operations and $551,500.00 for
performance
funding.$13,183,600.00,
$12,997,500.00 for operations
and $186,100.00 for performance funding.
(f) The appropriation for Michigan State University is
$324,038,100.00,
$249,597,800.00 for operations, $14,831,300.00 for
performance
funding, $32,027,900.00 for MSU AgBioResearch, and
$27,581,100.00
for MSU extension.$328,782,000.00,
$264,437,900.00
for operations, $3,841,000.00 for performance funding,
$32,508,300.00 for MSU AgBioResearch, and $27,994,800.00 for MSU
Extension.
(g) The appropriation for Michigan Technological University is
$45,923,100.00,
$43,473,800.00 for operations and $2,449,300.00 for
performance
funding.$46,662,000.00,
$45,938,000.00 for operations
and $724,000.00 for performance funding.
(h) The appropriation for Northern Michigan University is
$44,277,200.00,
$41,741,400.00 for operations and $2,535,800.00 for
performance
funding.$45,020,400.00,
$44,338,300.00 for operations
and $682,100.00 for performance funding.
(i) The appropriation for Oakland University is
$48,364,100.00,
$45,651,600.00 for operations and $2,712,500.00 for
performance
funding.$49,600,300.00,
$48,371,900.00 for operations
and $1,228,400.00 for performance funding.
(j) The appropriation for Saginaw Valley State University is
$27,610,200.00,
$25,991,000.00 for operations and $1,619,200.00 for
performance
funding.$28,117,700.00,
$27,621,600.00 for operations
and $496,100.00 for performance funding.
(k) The appropriation for University of Michigan – Ann Arbor
is
$295,174,100.00, $279,232,700.00 for operations and
$15,941,400.00
for performance funding.$299,430,600.00,
$295,178,500.00 for operations and $4,252,100.00 for performance
funding.
(l) The appropriation for University of Michigan – Dearborn is
$23,689,300.00,
$22,510,400.00 for operations and $1,178,900.00 for
performance
funding.$23,995,400.00,
$23,701,000.00 for operations
and $294,400.00 for performance funding.
(m) The appropriation for University of Michigan – Flint is
$21,337,700.00,
$19,938,200.00 for operations and $1,399,500.00 for
performance
funding.$21,763,700.00,
$21,359,600.00 for operations
and $404,100.00 for performance funding.
(n) The appropriation for Wayne State University is
$190,519,800.00,
$183,398,300.00 for operations and $7,121,500.00
for
performance funding.$191,346,700.00,
$190,529,900.00 for
operations and $816,800.00 for performance funding.
(o) The appropriation for Western Michigan University is
$102,742,000.00,
$97,279,000.00 for operations and $5,463,000.00
for
performance funding.$104,155,600.00,
$102,761,100.00 for
operations and $1,394,500.00 for performance funding.
(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.$1,221,041,200.00.
(4) The amount appropriated for Michigan public school
employees'
retirement system reimbursement is $2,446,200.00,
$5,160,000.00, appropriated from the state school aid fund.
(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.
(5) (6)
The amount appropriated for state
and regional
programs
is $2,295,000.00 $315,000.00,
appropriated from general
fund/general purpose money and allocated as follows:
(a)
College access program, $2,000,000.00.
(a) (b)
Higher education database
modernization and
conversion, $200,000.00.
(b) (c)
Midwestern higher education
compact, $95,000.00.
Higher Education Compact, $115,000.00.
(6) (7)
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.
(7) (8)
Subject to subsection (9), (8), the
amount
appropriated
for grants and financial aid is $105,494,200.00,
$105,497,200.00, allocated as follows:
(a) State competitive scholarships, $18,361,700.00.
(b)
Tuition grants, $33,532,500.00.$34,035,500.00.
(c) Tuition incentive program, $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.
(8) (9)
The money appropriated in
subsection (8) (7) 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, 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,
$8,367,800.00.$8,370,800.00.
Sec. 236a. It is the intent of the legislature to provide
appropriations
for the fiscal year ending on September 30, 2016
2017
for the items listed in section 236.
The fiscal year 2015-2016
2016-2017 appropriations are anticipated to be the same as those
for
fiscal year 2014-2015, 2015-2016,
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 2015 2016
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
2014-2015 2015-2016 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
2014-2015 2015-2016 in section 236, appropriations to the
department of technology, management, and budget in the act
providing
general appropriations for fiscal year 2014-2015 2015-
2016
for state building authority rent,
totaling an estimated
$124,825,300.00,
$135,995,300.00, 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, $9,103,200.00.$9,551,800.00.
(b)
Eastern Michigan University, $4,861,700.00.$4,860,900.00.
(c)
Ferris State University, $6,252,200.00.$6,251,200.00.
(d) Grand Valley State University,
$4,252,500.00.$6,952,300.00.
(e) Lake Superior State University,
$1,112,900.00.$1,720,300.00.
(f)
Michigan State University, $16,101,200.00.$16,549,200.00.
(g) Michigan Technological University,
$7,444,600.00.$7,443,400.00.
(h)
Northern Michigan University, $8,016,400.00.$9,706,200.00.
(i)
Oakland University, $10,969,800.00.$12,993,400.00.
(j) Saginaw Valley State University,
$9,777,400.00.$9,865,800.00.
(k) University of Michigan - Ann Arbor,
$9,159,200.00.$9,607,800.00.
(l) University of Michigan - Dearborn,
$6,296,200.00.$6,745,200.00.
(m) University of Michigan - Flint,
$2,855,000.00.$3,104,000.00.
(n)
Wayne State University, $13,679,800.00.$15,703,000.00.
(o) Western Michigan University,
$14,943,200.00.$14,940,800.00.
Sec.
241. (1) Subject to section sections
244 and 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, 2014. 2015. Except for
Wayne State University, each institution shall accrue its July and
August
2015 2016 payments to its institutional fiscal year ending
June
30, 2015. 2016.
(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, 2014, 2015,
these data shall be submitted to
the
state budget director by October 15, 2014. 2015. Public
universities
with a fiscal year ending September 30, 2014 2015
shall
submit preliminary HEIDI data by November 15, 2014 2015 and
final
data by December 15, 2014. 2015.
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. 244. A public university receiving funds in section 236
shall cooperate with all measures taken by the state to develop,
operate, and maintain the statewide P-20 longitudinal data system
described in section 94a. If the state budget director finds that a
university has not complied with this section, the state budget
director is authorized to withhold the monthly installments
provided
to that university under section 236 241 until he or she
finds the university has complied with this section.
Sec. 246. (1) All of the following apply to the allocation of
the fiscal year 2015-2016 appropriations described in section
236(4) for payments to universities that are participating entities
of the Michigan public school employees' retirement system:
(a)
The funds appropriated in section 236
236(4) 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 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.
(b) The amount of a payment under section 236(4) shall be
equal to the difference between the unfunded actuarial accrued
liability contribution rate for university reporting units as
calculated under 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 25.73%
included in section 41 of the public school employees retirement
act of 1979, 1980 PA 300, MCL 38.1341, and the maximum employer
rate for university reporting units of 25.73% under section 41 of
the public school employees retirement act of 1979, 1980 PA 300,
MCL 38.1341. Payments shall be made in a form and manner determined
by the office of retirement services.
(c) A public university that receives money under this
section
236(4)
shall use that money solely for the
purpose of offsetting a
portion
of the retirement contributions. owed
by the university.
Each participating university that receives funds under section
236(4) shall forward an amount equal to the amount received under
section 236(4) to the Michigan public school employees' retirement
system in a form and manner determined by the office of retirement
services.
(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,
38.1437, and that pays 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 of each year for the next
academic year.
(3) Pursuant to section 5 of 1966 PA 313, MCL 390.995, and
subject to 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, 2015 2016 from the amounts appropriated in section
236
for the tuition grant program for fiscal year 2014-2015 2015-
2016
shall not lapse on September 30, 2015,
2016, but shall
continue to be available for expenditure for tuition grants
provided
in the 2015-2016 2016-2017
fiscal year under a work
project
account. The use of these unexpended fiscal year 2014-2015
2015-2016
funds shall terminate at the end of the
2015-2016 2016-
2017 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) Except as provided in subsection (4), the department of
treasury shall not award more than $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
September
30 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 who in any academic
year received a state
tuition grant at the reporting institution and successfully
completed a program or graduated.
(b) The number of students in the most recently completed
academic
year that who in any
academic year received a state
tuition grant at the reporting institution and took a remedial
education class.
(c) The number of students in the most recently completed
academic
year that who in any
academic year received a Pell grant
at the reporting institution and successfully completed a program
or graduated.
(9) By February 1, 2016, each independent college and
university participating in the tuition grant program shall report
to the senate and house appropriations subcommittees on higher
education, the senate and house fiscal agencies, and the state
budget director on its efforts to develop and implement sexual
assault response training for the institution's title IX
coordinator, campus law enforcement personnel, campus public safety
personnel, and any other campus personnel charged with responding
to on-campus incidents, including information on sexual assault
response training materials and the status of implementing sexual
assault response training for institutional personnel.
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 August 31 of the school
year in which he or she graduates from high school or before
completing a general education development 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 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 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 health and 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 2015-2016 for MSU AgBioResearch is
$2,982,900.00 and included in the appropriation in section 236 for
MSU
extension Extension is $2,645,200.00 for project 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.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
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 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 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 Extension 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 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
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 at least $100,000,000,000.00.
(v) Doubling Increasing Michigan's
agricultural exports from
$1,750,000,000.00
to at least $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 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 2014-2015 2015-2016 for Michigan State University is
$80,000.00
for the Michigan future farmers of America association.
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.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, 2014 2015 that its board
did not adopt an increase in tuition and fee rates for resident
undergraduate
students after September 1, 2013 2014 for the 2013-
2014
2014-2015 academic year and that its board will not adopt an
increase in tuition and fee rates for resident undergraduate
students
for the 2014-2015 2015-2016
academic year that is greater
than 3.2%. As used in this subsection:
(a)
Subject to subdivision (c), "fee" "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
2014-2015 2015-2016 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 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 2015-2016
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, 2014 2015
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
Transfer Network created as part of the Michigan
association
of collegiate registrars and admissions officers
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, 2014, 30, 2015,
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%.
(a) (b)
Based on weighted undergraduate
completions in
critical
skills areas, 11.1%.22.2%.
(b) (c)
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, 5.6%.11.1%.
(c) (d)
Based on 6-year graduation rate,
total degree
completions, and institutional support as a percentage of core
expenditures, and the percentage of students receiving Pell grants,
scored against national Carnegie classification peers and weighted
by
total undergraduate fiscal year equated students, 33.3%.66.7%.
(5) For purposes of determining the score of a university
under
subsection (4)(d), (4)(c),
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 2015-2016
2016-2017 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.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 2014-2015 2015-2016 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 2014-2015
2015-2016 tuition and fee charges to HEIDI within 15 days of being
adopted.
Sec.
268. (1) For the fiscal year ending September 30, 2014,
2016, 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.
(2) (3)
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 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.
(3) A public university that receives funds under section 236
shall provide to the department of civil rights any information
necessary for preparing the report detailed in subsection (2).
Sec.
269. For fiscal year 2014-2015, 2015-2016,
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 2014-2015 2015-2016,
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. 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 and
human services by December
1,
2014 2015 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
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 National
Institutes
of Health for inclusion in the human
embryonic stem cell
registry
Human Embryonic Stem Cell
Registry before and during
fiscal
year 2013-2014, 2014-2015,
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,
Human Embryonic Stem Cell Registry, before and during fiscal year
2013-2014.2014-2015.
Sec. 274c. By February 1, 2016, each university receiving
funds under section 236 shall report to the senate and house
appropriations subcommittees on higher education, the senate and
house fiscal agencies, and the state budget director on its efforts
to develop and implement sexual assault response training for the
university's title IX coordinator, campus law enforcement
personnel, campus public safety personnel, and any other campus
personnel charged with responding to on-campus incidents, including
information on sexual assault response training materials and the
status of implementing sexual assault response training for campus
personnel.
Sec. 276. (1) Included in the appropriation for fiscal year
2014-2015
2015-2016 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
2014-2015
2015-2016 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 2014-
2015
2015-2016 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 2014-
2015
2015-2016 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
2014-2015
2015-2016 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
2014-2015
2015-2016 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 for fiscal year
2015-2016 under section 278, 279, or 281 shall notify the workforce
development
agency by April 15, of each year 2016 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
Presidents Council, State
Universities of Michigan in
cooperation
with the Michigan association of secondary school
principals.
Association of Secondary
School Principals. Public
universities shall also work with the center for educational
performance and information to 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 Association
of Secondary School
Principals
in cooperation with the presidents
council, state
universities
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
Presidents Council, State
Universities of Michigan in
cooperation
with the Michigan community college association.
Community College Association. Public universities shall also work
with the center for educational performance and information to
maintain a systematic approach for accomplishing this task.
Sec.
286. It is the intent of the legislature that public
Public universities shall work with community colleges in the state
to implement statewide reverse transfer agreements to increase the
number of students that are awarded credentials of value upon
completion
of the necessary credits. It is the intent of the
legislature
that these These statewide agreements shall enable
students who have earned a significant number of credits at a
community college and transfer to a baccalaureate granting
institution before completing a degree to transfer the credits
earned at the baccalaureate institution back to the community
college in order to be awarded a credential of value.
Enacting section 1. (1) In accordance with section 30 of
article IX of the state constitution of 1963, total state spending
from state sources on school aid for fiscal year 2014-2015 under
article I of the state school aid act of 1979, 1979 PA 94, MCL
388.1601 to 388.1772, as amended by 2014 PA 196, 2015 PA 5, and
this amendatory act, is estimated at $11,865,797,400.00 and state
appropriations for school aid to be paid to local units of
government for fiscal year 2014-2015 are estimated at
$11,714,612,100.00. In accordance with section 30 of article IX of
the state constitution of 1963, total state spending from state
sources on school aid for fiscal year 2015-2016 under article I of
the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to
388.1772, as amended by this amendatory act, is estimated at
$12,120,560,100.00 and state appropriations for school aid to be
paid to local units of government for fiscal year 2015-2016 are
estimated at $11,962,930,600.00.
(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 2015-2016 under article II of
the state school aid act of 1979, 1979 PA 94, MCL 388.1801 to
388.1830, as amended by this amendatory act, is estimated at
$387,825,600.00 and the amount of that state spending from state
sources to be paid to local units of government for fiscal year
2015-2016 is estimated at $387,825,600.00.
(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 2015-2016 under article III of the
state school aid act of 1979, 1979 PA 94, MCL 388.1836 to 388.1893,
as amended by this amendatory act, is estimated at
$1,437,698,000.00 and the amount of that state spending from state
sources to be paid to local units of government for fiscal year
2015-2016 is estimated at $0.00.
Enacting section 2. Sections 12, 22c, 22f, 22j, 31b, 32r, 64c,
64d, 74a, 99, 99b, 147d, 213, 259, 262a, 272a, 273, and 274a of the
state school aid act of 1979, 1979 PA 94, MCL 388.1612, 388.1622c,
388.1622f, 388.1622j, 388.1631b, 388.1632r, 388.1664c, 388.1664d,
388.1674a, 388.1699, 388.1699b, 388.1747d, 388.1813, 388.1859,
388.1862a, 388.1872a, 388.1873, and 388.1874a, are repealed
effective October 1, 2015.
Enacting section 3. (1) Except as otherwise provided in
subsection (2), this amendatory act takes effect October 1, 2015.
(2) Sections 11, 11m, 11r, 15, 18a, 22a, 22b, 51a, 51c, and
95a of the state school aid act of 1979, 1979 PA 94, MCL 388.1611,
388.1611m, 388.1611r, 388.1615, 388.1618a, 388.1622a, 388.1622b,
388.1651a, 388.1651c, and 388.1695a, as amended by this amendatory
act, take effect upon enactment of this amendatory act.