FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
House Bill No. 4313, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 4, 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 11s, 15, 18, 18c, 20, 20d, 20f, 20m, 21g, 22a, 22b, 22d, 22g, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31b, 31d, 31f, 32d, 32p, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 56, 61a, 61b, 61c, 62, 64b, 67, 74, 81, 94, 94a, 98, 99h, 99s, 99t, 102d, 104, 104c, 104d, 107, 147, 147a, 147c, 152a, 152b, 166b, 201, 201a, 203, 206, 207a, 207b, 207c, 209, 210b, 210e, 217, 223, 224, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 237b, 241, 244, 245, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286a (MCL 388.1603, 388.1604, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1611s, 388.1615, 388.1618, 388.1618c, 388.1620, 388.1620d, 388.1620f, 388.1620m, 388.1621g, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631b, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654b, 388.1656, 388.1661a, 388.1661b, 388.1661c, 388.1662, 388.1664b, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699h, 388.1699s, 388.1699t, 388.1702d, 388.1704, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1752b, 388.1766b, 388.1801, 388.1801a, 388.1803, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1810e, 388.1817, 388.1823, 388.1824, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1841, 388.1844, 388.1845, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886a), sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 20d, 20f, 22a, 22b, 22d, 22g, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 35a, 39, 39a, 41, 51c, 51d, 53a, 54, 56, 61b, 62, 64b, 67, 74, 81, 94, 94a, 99s, 102d, 104, 104d, 107, 147, 147a, 147c, 152a, 166b, 201, 201a, 203, 206, 207a, 207b, 207c, 209, 210b, 217, 223, 224,
225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 241, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 11s, 20m, 21g, 31b, 54b, 152b, 210e, and 286a as added by 2016 PA 249, sections 8b, 229, and 244 as amended by 2015 PA 85, section 18c as amended by 2012 PA 201, sections 20, 61a, 61c, 98, 99h, 99t, and 104c as amended by 2016 PA 313, section 51a as amended by 2016 PA 534, and section 245 as amended by 2014 PA 196, and by adding sections 22m, 64d, 95b, 164g, 164h, 239b, 249, 250, and 274d; and to repeal acts and parts of acts.
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 3, 4, 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 11s, 15, 18, 18c, 20, 20d, 20f, 20g, 20m, 21, 22a, 22b, 22d, 22g, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31b, 31d, 31f, 31j, 32d, 32p, 32q, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 55, 56, 61a, 61b, 61c, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99h, 99s, 99t, 102d, 104, 104c, 104d, 107, 147, 147a, 147b, 147c, 152a, 152b, 166b, 201, 201a, 203, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 223, 224, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 237b, 241, 244, 245, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284 (MCL 388.1603, 388.1604, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r,
388.1611s, 388.1615, 388.1618, 388.1618c, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1620m, 388.1621, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631b, 388.1631d, 388.1631f, 388.1631j, 388.1632d, 388.1632p, 388.1632q, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654b, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1661c, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699h, 388.1699s, 388.1699t, 388.1702d, 388.1704, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1752a, 388.1752b, 388.1766b, 388.1801, 388.1801a, 388.1803, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1817, 388.1822, 388.1823, 388.1824, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1841, 388.1844, 388.1845, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, and 388.1884), sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 35, 35a, 39, 39a, 41, 51c, 51d, 53a, 54, 55, 56, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 99s, 102d, 104, 104d, 107, 147, 147a, 147c, 152a, 166b, 201, 201a, 203, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 223, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 241, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 11s, 20m, 21, 31b, 31j, 32q, 54b, and 152b as added by 2016 PA 249, sections 8b, 229, and 244 as amended by 2015 PA 85, section 18c as amended by 2012 PA 201, sections 20, 61a, 61c, 98, 99h, 99t, and 104c as amended by 2016 PA 313, section 51a as amended by 2016 PA 534, section 147b as amended by 2013 PA 60, and section 245 as amended by 2014 PA 196, and by adding sections 21h, 21j, 22m, 22n,
64d, 67a, 95b, 99c, 99k, 99r, 99u, 104e, 147e, 160, 164g, 164h, 236e, 249, 250, 274d, and 275c; and to repeal acts and parts of acts.
_______________________ ________________________
Tim Kelly Dave Hildenbrand
_______________________ ________________________
Laura Cox Peter MacGregor
_______________________ ________________________
Robert L. Kosowski Hoon-Yung Hopgood
Conferees for the House Conferees for the Senate
SUBSTITUTE FOR
HOUSE BILL NO. 4313
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 3, 4, 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 11s,
15, 18, 18c, 20, 20d, 20f, 20g, 20m, 21, 22a, 22b, 22d, 22g, 24,
24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31b, 31d, 31f, 31j, 32d,
32p, 32q, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 55,
56, 61a, 61b, 61c, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99h, 99s,
99t, 102d, 104, 104c, 104d, 107, 147, 147a, 147b, 147c, 152a, 152b,
166b, 201, 201a, 203, 206, 207a, 207b, 207c, 209, 210b, 217, 222,
223, 224, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 237b,
241, 244, 245, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267,
268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282,
283, and 284 (MCL 388.1603, 388.1604, 388.1606, 388.1608b,
388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r,
388.1611s, 388.1615, 388.1618, 388.1618c, 388.1620, 388.1620d,
388.1620f, 388.1620g, 388.1620m, 388.1621, 388.1622a, 388.1622b,
388.1622d, 388.1622g, 388.1624, 388.1624a, 388.1624c, 388.1625f,
388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631b,
388.1631d, 388.1631f, 388.1631j, 388.1632d, 388.1632p, 388.1632q,
388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a,
388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654b, 388.1655,
388.1656, 388.1661a, 388.1661b, 388.1661c, 388.1662, 388.1664b,
388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a,
388.1698, 388.1699h, 388.1699s, 388.1699t, 388.1702d, 388.1704,
388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747b,
388.1747c, 388.1752a, 388.1752b, 388.1766b, 388.1801, 388.1801a,
388.1803, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809,
388.1810b, 388.1817, 388.1822, 388.1823, 388.1824, 388.1825,
388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a,
388.1836b, 388.1836c, 388.1837b, 388.1841, 388.1844, 388.1845,
388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a,
388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869,
388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877,
388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, and
388.1884), sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 11r, 15, 18,
20d, 20f, 20g, 22a, 22b, 22d, 22g, 24, 24a, 24c, 25f, 25g, 26a,
26b, 26c, 31a, 31d, 31f, 32d, 32p, 35, 35a, 39, 39a, 41, 51c, 51d,
53a, 54, 55, 56, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 99s, 102d,
104, 104d, 107, 147, 147a, 147c, 152a, 166b, 201, 201a, 203, 206,
207a, 207b, 207c, 209, 210b, 217, 222, 223, 224, 225, 226, 229a,
230, 236, 236a, 236b, 236c, 237b, 241, 251, 252, 254, 256, 263,
263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277,
278, 279, 280, 281, 282, 283, and 284 as amended and sections 11s,
20m, 21, 31b, 31j, 32q, 54b, and 152b as added by 2016 PA 249,
sections 8b, 229, and 244 as amended by 2015 PA 85, section 18c as
amended by 2012 PA 201, sections 20, 61a, 61c, 98, 99h, 99t, and
104c as amended by 2016 PA 313, section 51a as amended by 2016 PA
534, section 147b as amended by 2013 PA 60, and section 245 as
amended by 2014 PA 196, and by adding sections 21h, 21j, 22m, 22n,
64d, 67a, 95b, 99c, 99k, 99r, 99u, 104e, 147e, 160, 164g, 164h,
236e, 249, 250, 274d, and 275c; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
3. (1) "Achievement authority" means the education
achievement
authority, the public body corporate and special
authority
initially created under section 5 of article III and
section
28 of article VII of the state constitution of 1963 and the
urban
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512,
by an interlocal agreement effective August 11, 2011,
between
the school district of the city of Detroit and the board of
regents
of Eastern Michigan University, a state public university.
(2)
"Achievement school" means a public school within the
education
achievement system operated, managed, authorized,
established,
or overseen by the achievement authority.
(1) (3)
"Average daily
attendance", for the purposes of
complying with federal law, means 92% of the pupils counted in
membership on the pupil membership count day, as defined in section
6(7).
(2) (4)
"Board" means the
governing body of a district or
public school academy.
(3) (5)
"Center" means the center
for educational performance
and information created in section 94a.
(4) (6)
"Community district"
means a school district organized
under part 5b of the revised school code.
(5) (7)
"Cooperative education
program" means a written
voluntary agreement between and among districts to provide certain
educational programs for pupils in certain groups of districts. The
written agreement shall be approved by all affected districts at
least annually and shall specify the educational programs to be
provided and the estimated number of pupils from each district who
will participate in the educational programs.
(6) (8)
"Department", except in
section 107, means the
department of education.
(7) (9)
"District" means a local
school district established
under the revised school code or, except in sections 6(4), 6(6),
13, 20, 22a, 31a, 51a(14), 105, 105c, and 166b, a public school
academy.
Except in sections 6(4), 6(6), 6(8), 13, 20, 22a, 31a,
105,
105c, and 166b, district also includes the education
achievement
system. Except in section 20,
district also includes a
community district.
(8) (10)
"District of residence",
except as otherwise provided
in this subsection, means the district in which a pupil's custodial
parent or parents or legal guardian resides. For a pupil described
in section 24b, the pupil's district of residence is the district
in which the pupil enrolls under that section. For a pupil
described in section 6(4)(d), the pupil's district of residence
shall be considered to be the district or intermediate district in
which the pupil is counted in membership under that section. For a
pupil under court jurisdiction who is placed outside the district
in which the pupil's custodial parent or parents or legal guardian
resides, the pupil's district of residence shall be considered to
be the educating district or educating intermediate district.
(9) (11)
"District superintendent"
means the superintendent of
a
district , or
the chief administrator of a public
school academy.
,
or the chancellor of the achievement authority.
Sec.
4. (1) "Education achievement system" means the
achievement
authority and all achievement schools.
(1) (2)
"Elementary pupil" means
a pupil in membership in
grades K to 8 in a district not maintaining classes above the
eighth grade or in grades K to 6 in a district maintaining classes
above the eighth grade. For the purposes of calculating universal
service fund (e-rate) discounts, "elementary pupil" includes
children enrolled in a preschool program operated by a district in
its facilities.
(2) (3)
"Extended school year"
means an educational program
conducted by a district in which pupils must be enrolled but not
necessarily in attendance on the pupil membership count day in an
extended year program. The mandatory clock hours shall be completed
by each pupil not more than 365 calendar days after the pupil's
first day of classes for the school year prescribed. The department
shall prescribe pupil, personnel, and other reporting requirements
for the educational program.
(3) (4)
"Fiscal year" means the
state fiscal year that
commences October 1 and continues through September 30.
(4) (5)
"High school equivalency
certificate" means a
certificate granted for the successful completion of a high school
equivalency test.
(5) (6)
"High school equivalency
test" means the G.E.D. test
developed by the GED Testing Service, the Test Assessing Secondary
Completion (TASC) developed by CTS/McGraw-Hill, the HISET test
developed by the Education Testing Service (ETS), or another
comparable test approved by the department of talent and economic
development.
(6) (7)
"High school equivalency test
preparation program"
means a program that has high school level courses in English
language arts, social studies, science, and mathematics and that
prepares an individual to successfully complete a high school
equivalency test.
(7) (8)
"High school pupil" means
a pupil in membership in
grades 7 to 12, except in a district not maintaining grades above
the eighth grade.
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 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 after the pupil membership count day in a strict
discipline academy operating under sections 1311b to 1311m of the
revised school code, MCL 380.1311b to 380.1311m. However, for a
district
that is a community district, in its first year of
operation,
"membership" means 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 in the community district
on the pupil membership count day for the current school year, plus
the product of .10 times the sum of the final audited count from
the supplemental count day of pupils in grades K to 12 actually
enrolled
and in regular daily attendance in a qualifying school
district
as defined in section 5 of the revised school code, MCL
380.5,
the community district for
the immediately preceding school
year plus the final audited count from the supplemental count day
of pupils in grades K to 12 actually enrolled and in regular daily
attendance in the education achievement system for the immediately
preceding school year. All pupil counts used in this subsection are
as determined by the department and calculated by adding the number
of pupils registered for attendance plus pupils received by
transfer and minus pupils lost as defined by rules promulgated by
the superintendent, and as corrected by a subsequent department
audit.
For the purposes of this section and section 6a, for a
school
of excellence that is a cyber school, as defined in section
551
of the revised school code, MCL 380.551, and is in compliance
with
section 553a of the revised school code, MCL 380.553a, a
pupil's
participation in the cyber school's educational program is
considered
regular daily attendance; for the education achievement
system,
a pupil's participation in a virtual 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 a virtual 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 Schools for the
deaf
and blind 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.For the purposes
of this section and section 6a, for a cyber school, as defined in
section 551 of the revised school code, MCL 380.551, that is in
compliance with section 553a of the revised school code, MCL
380.553a, a pupil's participation in the cyber school's educational
program is considered regular daily attendance, and for a district
or public school academy, a pupil's participation in a virtual
course as defined in section 21f is considered regular daily
attendance.
(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 For 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 in
membership.
(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 pupils with extreme barriers to education, such as being
homeless as defined under 42 USC 11302.
(B) Had dropped out of school.
(C) Is less than 22 years of age as of September 1 of the
current school year.
(iii) If a child does not meet the minimum age requirement to
be eligible to attend school for that school year under section
1147 of the revised school code, MCL 380.1147, but will be 5 years
of age not later than December 1 of that school year, the district
may count the child in membership for that school year if the
parent or legal guardian has notified the district in writing that
he or she intends to enroll the child in kindergarten for that
school year.
(m) An individual who has achieved a high school diploma shall
not be counted in membership. An individual who has achieved a high
school equivalency certificate shall not be counted in membership
unless the individual is a student with a disability as defined in
R
340.1702 of the Michigan administrative code. 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 department of talent and economic
development, 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
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 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
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 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. In
determining full-time equated memberships for pupils who are
enrolled in a postsecondary institution, a pupil shall not be
considered to be less than a full-time equated pupil solely because
of the effect of his or her postsecondary enrollment, including
necessary travel time, on the number of class hours provided by the
district to the pupil.
(r) Full-time equated memberships for pupils in kindergarten
shall be determined by dividing the number of 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 , or
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 or 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 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
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 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 who is enrolled in an intermediate district program that
begins before Labor Day shall not be considered to be less than a
full-time pupil solely due to instructional time scheduled but not
attended by the pupil before Labor Day.
(aa) 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 or
public school academy ,
or the
education
achievement system that educates a
pupil who attends a
United States Olympic Education Center may count the pupil in
membership regardless of whether or not the pupil is a resident of
this state.
(cc) 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 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 30
days after the end of the 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 a virtual 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 other public school
academy in which a former
pupil of the closed 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 other public school
academy receives the same amount of membership aid for the pupil as
if
the pupil were counted in the district or the education
achievement
system other public school
academy on the supplemental
count day of the preceding school year.
(gg) If a special education pupil is expelled under section
1311 or 1311a of the revised school code, MCL 380.1311 and
380.1311a, and is not in attendance on the pupil membership count
day because of the expulsion, and if the pupil remains enrolled in
the district and resumes regular daily attendance during that
school year, the district's membership shall be adjusted to count
the pupil in membership as if he or she had been in attendance on
the pupil membership count day.
(hh) A pupil enrolled in a community district shall be counted
in
membership in the community district. For a community district
in
its first fiscal year of operations only, until the department
is
able to calculate the community district's membership, the
department
shall consider the community district's membership to be
the
same as the membership for the immediately preceding fiscal
year
for a district with the same boundaries as the community
district
that had membership for that fiscal year.
(ii) A part-time pupil enrolled in a nonpublic school in
grades K to 12 in accordance with section 166b shall not be counted
as more than 0.75 of a full-time equated membership.
(jj) A district that borders another state or a public school
academy that operates at least grades 9 to 12 and is located within
20 miles of a border with another state may count in membership a
pupil who is enrolled in a course at a college or university that
is located in the bordering state and within 20 miles of the border
with this state if all of the following are met:
(i) The pupil would meet the definition of an eligible student
under the postsecondary enrollment options act, 1996 PA 160, MCL
388.511 to 388.524, if the course were an eligible course under
that act.
(ii) The course in which the pupil is enrolled would meet the
definition of an eligible course under the postsecondary enrollment
options act, 1996 PA 160, MCL 388.511 to 388.524, if the course
were provided by an eligible postsecondary institution under that
act.
(iii) The department determines that the college or university
is an institution that, in the other state, fulfills a function
comparable to a state university or community college, as those
terms are defined in section 3 of the postsecondary enrollment
options act, 1996 PA 160, MCL 388.513, or is an independent
nonprofit degree-granting college or university.
(iv) The district or public school academy pays for a portion
of the pupil's tuition at the college or university in an amount
equal to the eligible charges that the district or public school
academy would pay to an eligible postsecondary institution under
the postsecondary enrollment options act, 1996 PA 160, MCL 388.511
to 388.524, as if the course were an eligible course under that
act.
(v) The district or public school academy awards high school
credit to a pupil who successfully completes a course as described
in this subdivision.
(kk) A pupil enrolled in a middle college program may be
counted for more than a total of 1.0 full-time equated membership
if the pupil is enrolled in more than the minimum number of
instructional days and hours required under section 101 and the
pupil is expected to complete the 5-year program with both a high
school diploma and at least 60 transferable college credits or is
expected to earn an associate's degree in fewer than 5 years.
(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 an individual 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 K 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.
(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, or the every student succeeds act, Public
Law 114-95.
However, except for pupils enrolled in the youth challenge
program at the site at which the youth challenge program operated
for 2015-2016, 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 or 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, or 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 (o), 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 all of the
following apply:
(a) The department shall assign a district code that includes
as the first 2 digits the county code in which the authorizing body
is located.
(b) If the cyber school does not provide instruction at a
specific location, the intermediate district that would normally
provide programs and services to the school district in which the
administrative office of cyber school is located shall provide
programs and services to the cyber school. The intermediate school
district required to provide programs and services to a cyber
school under this subdivision remains the same for as long as that
cyber school is in operation.
Sec.
11. (1) 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
$11,905,439,300.00
from the state school aid fund and the sum of
$55,100,000.00
from the general fund. For the
fiscal year ending
September 30, 2017, there is appropriated for the public schools of
this state and certain other state purposes relating to education
the
sum of $12,052,309,300.00 $12,069,644,300.00
from the state
school
aid fund, the sum of $218,900,000.00 $179,100,000.00 from
the general fund, an amount not to exceed $72,000,000.00 from the
community district education trust fund created under section 12 of
the Michigan trust fund act, 2000 PA 489, MCL 12.262, and an amount
not to exceed $100.00 from the water emergency reserve fund. For
the fiscal year ending September 30, 2018, there is appropriated
for the public schools of this state and certain other state
purposes relating to education the sum of $12,543,130,300.00 from
the state school aid fund, the sum of $215,000,000.00 from the
general fund, an amount not to exceed $72,000,000.00 from the
community district education trust fund created under section 12 of
the Michigan trust fund act, 2000 PA 489, MCL 12.262, an amount not
to exceed $23,100,000.00 from the MPSERS retirement obligation
reform reserve fund, and an amount not to exceed $100.00 from the
water
emergency reserve fund. In addition,
all other available
federal funds are appropriated each fiscal year for the fiscal
years
ending September 30, 2016 and September 30, 2017 and
September 30, 2018.
(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 2016-2017 and for 2017-2018, 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 $10,500,000.00 for 2015-2016 and
there
is allocated an amount not to exceed $126,500,000.00
$125,500,000.00
for 2016-2017 2017-2018 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 2016-2017, 2017-2018,
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 2015-2016 an amount not to exceed $1,000,000.00 and
there is allocated for 2016-2017 an amount not to exceed
$3,000,000.00
$5,500,000.00 and there is
allocated for 2017-2018 an
amount not to exceed $6,500,000.00 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), 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) Except as otherwise provided in subsection (8), 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 2015-2016 2016-2017 only, an amount not to exceed
$2,800,000.00
the remaining balance in the
work project that was
established under this section for 2014-2015, estimated at
$1,000,000.00, shall be lapsed from the distressed districts
emergency grant fund to the state school aid fund.
Sec. 11s. (1) From the general fund appropriation in section
11, there is allocated $10,142,500.00 for 2016-2017 and there is
allocated $8,730,000.00 for 2017-2018 for the purpose of providing
services and programs to children who reside within the boundaries
of a district with the majority of its territory located within the
boundaries of a city for which an executive proclamation of
emergency
is issued in the current or immediately preceding fiscal
year
2 fiscal years under the emergency management act, 1976 PA
390, MCL 30.401 to 30.421. From the funding appropriated in section
11, there is allocated for each fiscal year for 2016-2017 and for
2017-2018 $100.00 from the water emergency reserve fund for the
purposes of this section.
(2) From the allocation in subsection (1), there is allocated
to a district with the majority of its territory located within the
boundaries of a city in which an executive proclamation of
emergency
is issued in the current or immediately preceding fiscal
year
2 fiscal years and that has at least 5,000 4,500 pupils
in
membership
for the current 2016-2017 fiscal year
or has at least
4,000 pupils in membership for a fiscal year after 2016-2017, an
amount not to exceed $1,292,500.00 for 2016-2017 and an amount not
to exceed $2,625,000.00 for 2017-2018 for the purpose of employing
school nurses and school social workers. The district shall provide
a report to the department in a form, manner, and frequency
approved
prescribed by the department. The department shall provide
a copy of that report to the governor, the house and senate school
aid subcommittees, the house and senate fiscal agencies, and the
state budget director within 5 days after receipt. The report shall
provide at least the following information:
(a) How many personnel were hired using the funds allocated
under this subsection.
(b) A description of the services provided to pupils by those
personnel.
(c) How many pupils received each type of service identified
in subdivision (b).
(d) Any other information the department considers necessary
to ensure that the children described in subsection (1) received
appropriate levels and types of services.
(3) From the allocation in subsection (1), there is allocated
to an intermediate district that has a constituent district
described in subsection (2) an amount not to exceed $1,195,000.00
for 2016-2017 and an amount not to exceed $2,500,000.00 for 2017-
2018 to augment staff for the purpose of providing additional early
childhood services and for nutritional services to children
described in subsection (1), regardless of location of school of
attendance.
The For 2016-2017, the early childhood services to be
provided under this subsection are state early intervention
services as described in subsection (4) and early literacy
services. Beginning with 2017-2018, the early childhood services to
be provided under this subsection are state early intervention
services that are similar to the services described in the early on
Michigan state plan, including ensuring that all children described
in subsection (1) who are less than 4 years of age as of September
1, 2016 are assessed and evaluated at least twice annually. In
addition, funds allocated under this subsection may also be
expended to provide informational resources to parents, educators,
and the community, and to coordinate services with other local
agencies. The intermediate district shall provide a report to the
department in a form, manner, and frequency approved by the
department. The department shall provide a copy of that report to
the governor, the house and senate school aid subcommittees, the
house and senate fiscal agencies, and the state budget director
within 5 days after receipt. The report shall provide at least the
following information:
(a) How many personnel were hired using the funds appropriated
in this subsection.
(b) A description of the services provided to children by
those personnel.
(c) What types of additional nutritional services were
provided.
(d) How many children received each type of service identified
in subdivisions (b) and (c).
(e) What types of informational resources and coordination
efforts were provided.
(f) Any other information the department considers necessary
to ensure that the children described in subsection (1) received
appropriate levels and types of services.
(4)
From For 2016-2017 only,
from the allocation in subsection
(1), there is allocated an amount not to exceed $6,155,000.00 to
intermediate districts described in subsection (3) to provide state
early intervention services for children described in subsection
(1) who are less than 4 years of age as of September 1, 2016. The
intermediate district shall use these funds to provide state early
intervention services that are similar to the services described in
the early on Michigan state plan, including ensuring that all
children described in subsection (1) who are less than 4 years of
age as of September 1, 2016 are assessed and evaluated at least
twice annually.
(5) From the allocation in subsection (1), there is allocated
an amount not to exceed $1,500,000.00 for 2016-2017 and an amount
not to exceed $3,000,000.00 for 2017-2018 to intermediate districts
described in subsection (3) to enroll children described in
subsection (1) in school-day great start readiness programs,
regardless of household income eligibility requirements contained
in section 39. The department shall administer this funding
consistent with all other provisions of the great start readiness
programs contained in section 32d and section 39.
(6) For 2017-2018, from the allocation in subsection (1),
there is allocated an amount not to exceed $605,000.00 for
nutritional services to children described in subsection (1).
(7) (6)
In addition to other funding
allocated and
appropriated in this section, there is appropriated an amount not
to exceed $15,000,000.00 each fiscal year for 2016-2017 and 2017-
2018 for state restricted contingency funds. These contingency
funds are not available for expenditure until they have been
transferred to a section within this article under section 393(2)
of the management and budget act, 1984 PA 431, MCL 18.1393.
(8) Notwithstanding section 17b, payments under this section
shall be paid on a schedule determined by the department.
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 9 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. At the request of a district and upon the district
presenting evidence satisfactory to the department of the hardship,
the department may waive all or a portion of the adjustments under
this subsection if the department determines that all of the
following apply:
(a) The district would otherwise experience a significant
hardship in satisfying its financial obligations.
(b) The district would otherwise experience a significant
hardship in satisfying its responsibility to provide instruction to
its pupils.
(c) The district has taken sufficient corrective action to
ensure that the circumstance or circumstances that necessitated the
adjustment under this subsection do not recur.
(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) The department shall not deduct any funds from a district
due to a pupil being counted in membership before the effective
date of the amendatory act that added section 6(4)(jj), or
otherwise reduce an allocation under this article to a district
relative to the counting of a pupil in membership as provided under
section 6(4)(jj), if the district substantially complied with the
requirements under section 6(4)(jj) in a previous fiscal year as if
section 6(4)(jj) had been in effect in the previous fiscal year.
(7)
(6) In addition to funds appropriated in section 11 for
all
programs and services, there is appropriated for 2016-2017
2017-2018 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 district board adopts its annual operating budget for the
following school fiscal year, or after a district board adopts a
subsequent revision to that budget, the district shall make all of
the following available through a link on its website homepage, or
may make the information available through a link on its
intermediate district's website 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 employees
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 the
revised school code.
(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
1 each year for reporting the prior fiscal year data:
(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 1 each fiscal year, each district and
intermediate district shall submit to the center, in a manner
prescribed by the center, annual comprehensive financial data
consistent with the district's or intermediate district's audited
financial statements and 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), or if the department
determines that the financial data required under subsection (5)
are not consistent with audited financial statements, 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). 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
total 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 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)
Not later than By November 1
, 2016, of each year, if a
district or intermediate district offers virtual 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 virtual learning by vendor type. The report shall
include at least all of the following information concerning the
operation of virtual learning for the immediately preceding school
fiscal
year: ending June 30, 2016:
(a) The name of the district operating the virtual learning
and of each district that enrolled students in the virtual
learning.
(b) The total number of students enrolled in the virtual
learning and the total number of membership pupils enrolled in the
virtual learning.
(c) For each pupil who is enrolled in a district other than
the district offering virtual learning, the name of that district.
(d) The district in which the pupil was enrolled before
enrolling in the district offering virtual 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, virtual instruction and instructional support, personnel,
hardware and software, payment to each virtual learning provider,
and other costs associated with operating virtual learning.
(h) The name of each virtual education provider contracted by
the district and the state in which each virtual education provider
is headquartered.
(13)
Not later than By March 31
, 2017, of each year, 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 virtual courses available under
section 21f.
(14) As used in subsections (12) and (13), "vendor type" means
the following:
(a) Virtual courses provided by the Michigan Virtual
University.
(b) Virtual 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) Virtual courses provided by third party vendors not
affiliated with a Michigan public school.
(d) Virtual courses created and offered by a district or
intermediate district.
(15) An allocation to a district or another entity under this
article is contingent upon the district's or entity's compliance
with this section.
(16) Beginning October 1, 2017, and not less than once every 3
months after that date, the department shall submit to the senate
and house subcommittees on school aid and to the senate and house
standing committees on education an itemized list of allocations
under this article to any association or consortium consisting of
associations. The report shall detail the recipient or recipients,
the amount allocated, and the purpose for which the funds were
distributed.
Sec. 18c. Any contract, mortgage, loan, or other instrument of
indebtedness
entered into by a public school academy
, the
achievement
authority, or an achievement school receiving
funds
under
this act article and a third party does not constitute an
obligation, either general, special, or moral, of this state or of
an authorizing body. The full faith and credit or the taxing power
of this state or any agency of this state, or the full faith and
credit of an authorizing body, shall not be pledged for the payment
of any contract, mortgage, loan, or other instrument of
indebtedness
entered into by a public school academy
, the
achievement
authority, or an achievement school.
Sec.
20. (1) For 2016-2017, 2017-2018,
both of the following
apply:
(a)
The basic foundation allowance is $8,229.00.$8,289.00.
(b)
The minimum foundation allowance is $7,511.00.$7,631.00.
(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 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 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
$20.00) 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.
(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 2016-
2017
2017-2018 in an amount equal to the basic foundation allowance
for
2016-2017.2017-2018.
(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 foundation allowance
supplemental payment calculated under section 20m and paid under
section 22b for 2016-2017, the district's 2016-2017 foundation
allowance is considered to have been an amount equal to the sum of
the district's actual 2016-2017 foundation allowance as otherwise
calculated under this section plus the lesser of the per pupil
amount of the district's supplemental payment for 2016-2017 as
calculated under section 20m 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.
(4) Except as otherwise provided in this subsection, beginning
in 2014-2015, 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. For a district described in subsection
(3)(c), beginning in 2014-2015, 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. 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. For a community district, if school
operating taxes continue to be levied by a qualifying school
district under section 12b of the revised school code, MCL 380.12b,
with the same geographic area as the community district, the
taxable value per membership pupil of property in the community
district to be used for the purposes of this subsection does not
include the taxable value of property within the geographic area of
the community 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. The calculation under this subsection shall take into
account a district's per-pupil allocation under section 20m.
(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 Except as
otherwise provided in this
subsection, 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.
(7) (8)
Except as otherwise provided in
this subsection, for
pupils in membership, other than special education pupils, in a
community district, the allocation calculated under this section is
an amount per membership pupil other than special education pupils
in the community district equal to the foundation allowance of the
qualifying school district, as described in section 12b of the
revised school code, MCL 380.12b, that is located within the same
geographic area as the community district.
(8) (9)
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. The calculation under this subsection shall
take into account a district's per-pupil allocation under section
20m.
(9) (10)
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) (11)
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) (12)
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) (13)
Payments to districts , and public
school academies
,
or the education achievement system shall
not be made under this
section. Rather, the calculations under this section shall be used
to determine the amount of state payments under section 22b.
(13) (14)
If an amendment to section 2 of
article VIII of the
state constitution of 1963 allowing state aid to some or all
nonpublic schools is approved by the voters of this state, each
foundation allowance or per-pupil payment calculation under this
section may be reduced.
(14) (15)
As used in this section:
(a) "Certified mills" means the lesser of 18 mills or the
number of mills of school operating taxes levied by the district in
1993-94.
(b) "Combined state and local revenue" means the aggregate of
the district's state school aid received by or paid on behalf of
the district under this section and the district's local school
operating revenue.
(c) "Combined state and local revenue per membership pupil"
means the district's combined state and local revenue divided by
the district's membership excluding special education pupils.
(d) "Current state fiscal year" means the state fiscal year
for which a particular calculation is made.
(e) "Dissolved district" means a district that loses its
organization, has its territory attached to 1 or more other
districts, and is dissolved as provided under section 12 of the
revised school code, MCL 380.12.
(f) "Immediately preceding state fiscal year" means the state
fiscal year immediately preceding the current state fiscal year.
(g) "Local portion of the district's foundation allowance"
means an amount that is equal to the difference between (the sum of
the product of the taxable value per membership pupil of all
property in the district that is nonexempt property times the
district's certified mills and, for a district with certified mills
exceeding 12, the product of the taxable value per membership pupil
of property in the district that is commercial personal property
times the certified mills minus 12 mills) and (the quotient of the
product of the captured assessed valuation under tax increment
financing acts times the district's certified mills divided by the
district's membership excluding special education pupils).
(h) "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 allowance 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 allowance for the
immediately preceding state fiscal year minus $20.00) 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 2016-
2017,
2017-2018, the maximum public school academy allocation is
$7,511.00.$7,631.00.
(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, 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 2016-2017, 2017-2018,
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, sections 51 to 56, 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 $18,000,000.00 for 2016-2017
2017-2018 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
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
former 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) The amount allocated to each eligible district under
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 2016-2017 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 former section 22f from 2014-2015 to 2015-2016.
(c) The decrease in the district's pupil performance per-pupil
funding under former 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 former section 22f from 2014-2015 to 2015-2016.
(c) The decrease in the district's pupil performance per-pupil
funding under former 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) 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 $1,200,000.00 each
fiscal
year for 2015-2016 and for
2016-2017 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
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) It is the intent of the legislature that an amount not to
exceed $660,000.00 be lapsed from the $2,500,000.00 that was
available for a qualifying intermediate district under this section
as it was in effect for the 2013-2014 fiscal year. In addition to
the money allocated under subsection (1), from the funds
appropriated in section 11, there is allocated for 2016-2017 an
amount not to exceed $660,000.00 to a qualifying intermediate
district for paying outstanding debt of a dissolved school
district. For purposes of this subsection, an intermediate district
is a qualifying intermediate district if it is required to perform
the functions and satisfy the responsibilities of a dissolved
school district under section 12(3) of the revised school code, MCL
380.12, if the authorization for that dissolved school district to
levy mills for school operating purposes under section 1211 of the
revised school code, MCL 380.1211, was not renewed after the school
district was dissolved, and if the intermediate district is located
in a county with a population of less than 250,000.
(5) Notwithstanding section 17b, payments made under this
section shall be paid on a schedule determined by the department.
(6) (5)
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. 20m. (1) Foundation allowance supplemental payments for
2016-2017
2017-2018 to districts that in the 2015-2016 fiscal year
had a foundation allowance greater than $8,169.00 shall be
calculated under this section.
(2) The per-pupil allocation to each district under this
section shall be the difference between the dollar amount of the
adjustment
from the immediately preceding 2015-2016
state fiscal
year to the current state fiscal year in the basic foundation
allowance minus the dollar amount of the adjustment from the
immediately
preceding 2015-2016 fiscal year to the current state
fiscal year in a qualifying district's foundation allowance.
(3) If a district's local revenue per pupil does not exceed
the sum of its foundation allowance under section 20 plus the per-
pupil allocation under subsection (2), the total payment to the
district calculated under this section shall be the product of the
per-pupil allocation under subsection (2) multiplied by the
district's membership excluding special education pupils. If a
district's local revenue per pupil exceeds the foundation allowance
under section 20 but does not exceed the sum of the foundation
allowance under section 20 plus the per-pupil allocation under
subsection (2), the total payment to the district calculated under
this section shall be the product of the difference between the sum
of the foundation allowance under section 20 plus the per-pupil
allocation under subsection (2) minus the local revenue per pupil
multiplied by the district's membership excluding special education
pupils. If a district's local revenue per pupil exceeds the sum of
the foundation allowance under section 20 plus the per-pupil
allocation under subsection (2), there is no payment calculated
under this section for the district.
(4) Payments to districts shall not be made under this
section. Rather, the calculations under this section shall be made
and used to determine the amount of state payments under section
22b.
Sec. 21. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $5,000,000.00 $0.00 for 2016-2017
to make supplemental payments to eligible districts that are
identified under section 1280c of the revised school code, MCL
380.1280c, as being among the lowest achieving 5% of all public
schools in this state.
(2) A district is eligible to receive the supplemental
payments calculated under this section for 3 consecutive fiscal
years if all of the following conditions are met:
(a) The state school reform/redesign officer has appointed a
chief executive officer to take control of 1 or more public schools
in the district, as provided for in section 1280c(7) of the revised
school code, MCL 380.1280c, and there is at least 1 high school
operated by the district.
(b) As determined by the school reform office, an intervention
agreement meeting at least the following criteria has been executed
by the state school reform/redesign officer and the district. The
intervention agreement shall include, but is not limited to:
(i) The rights and responsibilities of the chief executive
officer. However, the intervention agreement shall not mitigate the
authority of the chief executive officer prescribed in applicable
statute including financial and employment authority.
(ii) The allocation of supplemental payments under this
section.
(iii) The compensation for the chief executive officer.
(iv) The role of the district's board and officers during the
intervention term.
(v) Termination and renewal rights of the school reform
office.
(vi) Liability provisions for the chief executive officer.
(vii) A dispute resolution process.
(viii) The length of the term of the agreement.
(ix) Other provisions as determined by the school reform
office for successful implementation of the chief executive officer
intervention.
(c) The district has not entered into and is not currently
operating under a local government option under the local financial
stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575, or
a successor act.
(3) The state school reform/redesign officer, at least
annually, shall appear in person before the house and senate
appropriations subcommittees responsible for school aid to provide
an update on the yearly progress of schools under the control of a
chief executive officer. In addition, the state school
reform/redesign officer shall provide a quarterly report concerning
the chief executive officer's use of funds to increase pupil
achievement.
(4) The supplemental payment provided to a district under this
section shall be calculated by multiplying the district's
foundation allowance by 20% of the high school's membership for the
prior fiscal year. The same dollar amount shall continue to be
available to the district for a maximum of 3 years, subject to the
conditions specified in subsection (2).
(5) From the allocation in subsection (1), in addition to the
supplemental payments calculated under subsection (4), there is
allocated an amount sufficient to pay for the appointment of chief
executive officers by the state school reform/redesign officer, as
provided for in section 1280c(7) of the revised school code, MCL
380.1280c.
(6) For the purposes of this section, a high school is a
school that operates exclusively all of grades 9 to 12.
Sec. 21h. (1) From the appropriation in section 11, there is
allocated $6,000,000.00 for 2017-2018 for assisting districts
assigned by the superintendent to participate in a partnership to
improve student achievement. The purpose of the partnership is to
identify district needs, develop intervention plans, and partner
with public, private, and nonprofit organizations to coordinate
resources and improve student achievement. Assignment of a district
to a partnership is at the sole discretion of the superintendent.
(2) A district assigned to a partnership by the superintendent
is eligible for funding under this section if the district includes
at least 1 school that has been rated with a grade of "F", or
comparable performance rating, in the most recent state
accountability system rating, that is not under the supervision of
the state school reform/redesign office, and that does all of the
following:
(a) Completes a comprehensive needs evaluation in
collaboration with an intermediate school district, community
members, education organizations, and postsecondary institutions,
as applicable and approved by the superintendent, within 90 days of
assignment to the partnership described in this section. The
comprehensive needs evaluation shall include at least all of the
following:
(i) A review of the district's implementation and utilization
of a multi-tiered system of supports to ensure that it is used to
appropriately inform instruction.
(ii) A review of the district and school building leadership
and educator capacity to substantially improve student outcomes.
(iii) A review of classroom, instructional, and operational
practices and curriculum to ensure alignment with research-based
instructional practices and state curriculum standards.
(b) Develops an intervention plan that has been approved by
the superintendent and that addresses the needs identified in the
comprehensive needs evaluation completed under subdivision (a). The
intervention plan shall include at least all of the following:
(i) Specific actions that will be taken by the district and
each of its partners to improve student achievement.
(ii) Specific measurable benchmarks that will be met within 18
months to improve student achievement and identification of
expected student achievement outcomes to be attained within 3 years
after assignment to the partnership.
(3) Upon approval of the intervention plan developed under
subsection (2), the department shall assign a team of individuals
with expertise in comprehensive school and district reform to
partner with the district, the intermediate district, community
organizations, education organizations, and postsecondary
institutions identified in the intervention plan to review the
district's use of existing financial resources to ensure that those
resources are being used as efficiently and effectively as possible
to improve student academic achievement.
(4) Funds allocated under this section may be used to pay for
district expenditures approved by the superintendent to improve
student achievement. Funds may be used for professional development
for teachers or district or school leadership, increased
instructional time, teacher mentors, or other expenditures that
directly impact student achievement and cannot be paid from
existing district financial resources. An eligible district shall
not receive funds under this section for more than 3 years.
Notwithstanding section 17b, payments to eligible districts under
this section shall be paid on a schedule determined by the
department.
(5) The department shall annually report to the legislature on
the activities funded under this section and how those activities
impacted student achievement in eligible districts that received
funds under this section.
Sec. 21j. (1) From the general fund appropriation in section
11, there is allocated an amount not to exceed $500,000.00 for
2017-2018 for competitive grants to districts for the design and
implementation of competency-based education programs to provide
enhanced choice to pupils and parents for the completion of the
requirements for kindergarten through a high school diploma,
including the Michigan merit standard under sections 1278a and
1278b of the revised school code, MCL 380.1278a and 380.1278b.
(2) A district seeking a grant under this section shall apply
in a form and manner prescribed by the department. Applications
under this section shall contain all of the following:
(a) An educational model that allows the use of multiple and
innovative methods to determine pupils' achievement of grade-level
competencies and credit under the Michigan merit curriculum in a
subject area or combined subject areas, including, at least, public
presentations, submission of research papers, attaining marketable
workforce credentials, and mentoring other students. Competency
assessments used to determine mastery must be aligned to Michigan's
academic standards.
(b) Curriculum that allows for a majority of instructional
time to be spent on student-driven projects, including a capstone
project as part of high school graduation requirements, if
applicable. These projects shall include multiple subject areas and
21st century skills such as leadership, teamwork, problem solving,
and communication. Instruction time may be during a nontraditional
school calendar.
(c) A comprehensive formative assessment system to monitor
student academic achievement pace and ensure that students receive
timely, differentiated academic support based on their individual
learning needs in different subject areas.
(d) An innovative partnership with employers or institutes of
higher education, or both, to provide contextualized learning
opportunities that emphasize attainment of competencies that
include application and creation of knowledge, along with the
development of work-ready skills.
(e) A plan for the transition away from a grade-level system
of student promotion to a competency-based system of student
promotion. This plan shall include messaging to parents describing
the benefits of, and steps taken to implement, a competency-based
instructional model.
(f) A plan for a scope and timeline of professional
development for school instructional and administrative staff.
(g) A commitment to maintain participation in statewide
assessment and accountability systems for students being served by
programs funded under this section.
(h) Any other information determined by the department to be
necessary to evaluate the grant proposals.
(3) Not later than March 31, 2018, the department shall
announce grant recipients. The department shall provide any
necessary and applicable waivers to grant recipients for the
purpose of implementing the proposals.
(4) Grants funded under this section for 2017-2018 are
intended to be the first of 3 years of funding. Upon completion of
the planning phase described in this section, the department shall
collect information necessary from grant recipients to compile a
report. The report shall include, at least, the following
information:
(a) A description of program implementation, including when
implementation will begin, identification of competencies to be
included, identified best practices for adoption and
implementation, and types of assessments used to evaluate a
student's mastery of those competencies.
(b) The number of students participating.
(c) Identification of specific barriers for students and
districts in implementing a competency-based learning instructional
model and ways to address those barriers.
(d) The feasibility of expanding competency-based education
models statewide, including needed policy changes.
(e) Increases in student achievement, postsecondary
attainment, employment, and 21st century skills acquisition as a
result of the transition to competency-based learning and how these
outcomes can be improved by other districts adopting the model.
(5) The report required under this section shall be provided
by the department to the house and senate appropriations
subcommittees on school aid and the state budget director no later
than December 1, 2018.
Sec. 22a. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $5,260,000,000.00 for 2015-2016
and
an amount not to exceed $5,205,000,000.00
$5,207,000,000.00 for
2016-2017 and there is allocated an amount not to exceed
$5,181,800,000.00 for 2017-2018 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. For a
community district, the allocation as otherwise calculated under
this section shall be reduced by an amount equal to the amount of
local school operating tax revenue that would otherwise be due to
the community district if not for the operation of section 386 of
the revised school code, MCL 380.386, and the amount of this
reduction shall be offset by the increase in funding under section
22b(2).
(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.25g.
(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, 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, 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, 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, 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) For discretionary nonmandated payments to
districts
under this section, there is allocated from the
appropriation
in section 11 an amount not to exceed
$3,692,000,000.00
for 2015-2016, and there is
allocated for 2016-
2017
an amount not to exceed $3,828,000,000.00 $3,841,000,000.00
from the state school aid fund and general fund appropriations in
section 11 and an amount not to exceed $72,000,000.00 from the
community district education trust fund appropriation in section
11, and there is allocated for 2017-2018 an amount not to exceed
$3,965,500,000.00 from the state school aid fund and general fund
appropriations in section 11 and an amount not to exceed
$72,000,000.00 from the community district education trust fund
appropriation in section 11. Except for money allocated from the
community district trust fund, money allocated under this section
that is not expended in the state fiscal year for which it was
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, 20m, 51a(2),
51a(3), and 51a(11), minus the sum of the allocations to the
district under sections 22a and 51c. For a community district, the
allocation as otherwise calculated under this section shall be
increased by an amount equal to the amount of local school
operating tax revenue that would otherwise be due to the community
district if not for the operation of section 386 of the revised
school code, MCL 380.386, and this increase shall be paid from the
community district education trust fund allocation in subsection
(1) in order to offset the absence of local school operating
revenue in a community district in the funding of the state portion
of the foundation allowance under section 20(4).
(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.
Sec. 22d. (1) From the appropriation in section 11, an amount
not
to exceed $5,000,000.00 is allocated for 2016-2017 2017-2018
for supplemental payments to rural districts under this section.
(2) From the allocation under subsection (1), there is
allocated
for 2016-2017 2017-2018 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 2016-2017 2017-2018 an
amount not to exceed $4,042,700.00 for payments under this
subsection to districts that have 7.3 or fewer pupils per square
mile as determined by the department.
(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 2016-2017 only an amount not to exceed $500,000.00
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 dissolution,
consolidation, or annexation of districts or intermediate
districts. Grant funding shall be available for dissolutions,
consolidations, or annexations that occur on or after June 1, 2016.
Districts may spend funds allocated under this section over 3
fiscal years.
(3) In addition to the amount allocated under subsection (1),
from the funds appropriated in section 11, there is allocated for
2016-2017 an amount not to exceed $2,500,000.00 for grants to
districts or intermediate districts that received a grant under
this section as it was in effect for 2015-2016 for reimbursement of
remaining transition costs associated with a dissolution,
consolidation, or annexation that was approved during 2015-2016 by
the school electors of the applicable district or intermediate
district.
(4) Notwithstanding section 17b, grant payments under this
section shall be paid on a schedule determined by the department.
Sec. 22m. (1) From the appropriations in section 11, there is
allocated for 2017-2018 an amount not to exceed $2,200,000.00 for
supporting the integration of local data systems into the Michigan
data hub network based on common standards and applications that
are in compliance with section 19(6).
(2) An entity that is the fiscal agent for no more than 5
consortia of intermediate districts that previously received
funding from the technology readiness infrastructure grant under
former section 22i for the purpose of establishing regional data
hubs that are part of the Michigan data hub network is eligible for
funding under this section.
(3) The center shall work with an advisory committee composed
of representatives from intermediate districts within each of the
data hub regions to coordinate the activities of the Michigan data
hub network.
(4) The center, in collaboration with the Michigan data hub
network, shall determine the amount of funds distributed under this
section to each participating regional data hub within the network,
based upon a competitive grant process. Entities receiving funding
under this section shall represent geographically diverse areas in
this state.
(5) Notwithstanding section 17b, payments under this section
shall be made on a schedule determined by the center.
(6) To receive funding under this section, a regional data hub
must have a governance model that ensures local control of data,
data security, and student privacy issues. The integration of data
within each of the regional data hubs shall provide for the
actionable use of data by districts and intermediate districts
through common reports and dashboards and for efficiently providing
information to meet state and federal reporting purposes.
(7) Participation in a data hub region in the Michigan data
hub network under this section is voluntary and is not required.
(8) Entities receiving funding under this section shall use
the funds for all of the following:
(a) Creating an infrastructure that effectively manages the
movement of data between data systems used by intermediate
districts, districts, and other educational organizations in
Michigan based on common data standards to improve student
achievement.
(b) Utilizing the infrastructure to put in place commonly
needed integrations, reducing cost and effort to do that work while
increasing data accuracy and usability.
(c) Promoting the use of a more common set of applications by
promoting systems that integrate with the Michigan data hub
network.
(d) Promoting 100% district adoption of the Michigan data hub
network by September 30, 2018.
(e) Ensuring local control of data, data security, and student
data privacy.
(f) Utilizing the infrastructure to promote the actionable use
of data through common reports and dashboards that are consistent
statewide.
(g) Creating a governance model to facilitate sustainable
operations of the infrastructure in the future, including
administration, legal agreements, documentation, staffing, hosting,
and funding.
(h) Evaluating future data initiatives at all levels to
determine whether the initiatives can be enhanced by using the
standardized environment in the Michigan data hub network.
(9) Not later than January 1, 2018, the center shall prepare a
summary report of information provided by each entity that received
funds under this section that includes measurable outcomes based on
the objectives described under this section. The report shall
include a summary of compiled data from each entity to provide a
means to evaluate the effectiveness of the project. The center
shall submit the report to the house and senate appropriations
subcommittees on state school aid and to the house and senate
fiscal agencies.
Sec. 22n. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $11,000,000.00 for 2017‑2018 for
additional payments to districts for the higher instructional costs
of educating high school pupils.
(2) A district is eligible for a payment under this section if
it educates pupils in 1 or more of grades 9 to 12.
(3) The payment to each eligible district under this section
shall be an amount equal to $25.00 multiplied by the district's
total pupil membership in grades 9 to 12 as calculated under
section 6 for the current fiscal year. If the allocation under
subsection (1) is insufficient to fully fund payments under this
subsection, the department shall prorate payments under this
section on an equal per-pupil basis.
Sec. 24. (1) From the appropriation in section 11, there is
allocated
for 2016-2017 2017-2018 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 $1,301,000.00 for 2015-2016 and
there
is allocated an amount not to exceed $1,328,100.00 for 2016-
2017
$1,339,000.00 for 2017-2018 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 $1,632,400.00 for 2016-2017
$1,528,400.00 for 2017-2018 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. 25f. (1) From the state school aid fund money
appropriated in section 11, there is allocated an amount not to
exceed
$750,000.00 for 2016-2017 2017-2018
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.
(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) 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) If the funds allocated under this section are insufficient
to fully fund the adjustments under subsection (3), payments under
this section shall be prorated on an equal per-pupil basis.
(6) 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
$750,000.00 for 2016-2017 2017-2018
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 $20,000,000.00 for 2015-2016 and
there
is allocated an amount not to exceed $20,000,000.00
$17,000,000.00 each fiscal year for 2016-2017 and for 2017-2018 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 2015 and 2016 as applicable. 2016 and 2017 as
applicable. 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 2016-2017 2017-2018 an amount not to exceed
$4,405,100.00 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 $278,000.00 for 2015-2016 and
there
is allocated an amount not to exceed $1,000,000.00 for 2016-
2017
$1,500,000.00 for 2017-2018 to the promise zone fund created
in subsection (3). The funds allocated under this section reflect
the amount of revenue from the collection of the state education
tax captured under section 17(2) of the Michigan promise zone
authority act, 2008 PA 549, MCL 390.1677.
(2) Funds allocated to the promise zone fund under this
section shall be used solely for payments to eligible districts and
intermediate districts, in accordance with section 17(3) of the
Michigan promise zone authority act, 2008 PA 549, MCL 390.1677,
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. Eligible districts and
intermediate districts shall use payments made under this section
for reimbursement for qualified educational expenses as defined in
section 3 of the Michigan promise zone authority act, 2008 PA 549,
MCL 390.1663.
(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.
(5) Notwithstanding section 17b, payments under this section
shall be paid on a schedule determined by the department.
Sec. 31a. (1) From the state school aid fund money
appropriated
in section 11, there is allocated for 2016-2017 2017-
2018
an amount not to exceed $389,695,500.00
$510,207,300.00 for
payments
to eligible districts , and
eligible public school
academies ,
and the education achievement system for
the purposes
of
ensuring that pupils are proficient in reading English language
arts
by the end of grade 3, and
that pupils are proficient in
mathematics by the end of grade 8, that pupils are attending school
regularly, that high school graduates are career and college ready,
and for the purposes under subsections (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 (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.
(2) For a district that has combined state and local revenue
per membership pupil under sections 20 and 20m that is greater than
the basic foundation allowance under section 20 for the current
fiscal year, the allocation under this section shall be an amount
equal to 30% of the allocation for which it would otherwise be
eligible under this section before any proration under subsection
(12).
(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 grades
K to
3, shall comply with the requirements under section 1280f of the
revised school code, MCL 380.1280f, and use resources to address
early
literacy, and for at least grades K
to 3, 4 to 8 or, if the
district or public school academy does not operate all of grades 4
to 8, for all of the grades it operates, must implement 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) 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 who is determined to be
economically disadvantaged, as
reported
to the department center in the form and manner prescribed
by
the department center 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 statewide
weighted average foundation
allowance. or
the public school academy's or the education
achievement
system's per pupil amount calculated under section 20
plus
the amount of the district's per-pupil allocation under
section
20m, 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 , an achievement school that
began
operations as an achievement school, or a community district
that
first enrolls pupils, 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, in
the
education achievement system, or in the community district who
met
the income eligibility criteria for free breakfast, lunch, or
milk,
as determined under the Richard B. Russell national school
lunch
act and who is determined to
be economically disadvantaged,
as
reported to the department center
in the form and manner
prescribed by the center 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, the
education
achievement system's, or the community district's per
membership
pupil amount calculated under section 20 for the current
state
fiscal year.statewide
weighted average foundation allowance.
(5) 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 (6), (7), or (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 were
determined to be economically
disadvantaged in the immediately preceding state fiscal year, as
determined
and reported as described in subsection (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 or
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) 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) From the funds allocated under subsection (1), there is
allocated
for 2016-2017 2017-2018 an amount not to exceed
$5,557,300.00
$6,057,300.00 to support child and adolescent health
centers.
These grants shall be awarded for 5 consecutive years
beginning
with 2003-2004 primary health
care services provided to
children and adolescents up to age 21. These funds shall be
expended
in a form and manner approved determined jointly by the
department
and the department of 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 (12) for that fiscal year.
(8) From the funds allocated under subsection (1), there is
allocated
for 2016-2017 2017-2018 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. Administrative Code. Funds shall be awarded in
a form and manner approved jointly by the department and the
department of 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) 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 in the form and manner
prescribed by the department, that includes 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 health
and human services to verify matching funds for the temporary
assistance for needy families program. In prescribing the form and
manner of the report, the department shall ensure that districts
are allowed to expend funds received under this section on any
activities that are permissible under this section. 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) 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)
Subject to subsections (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 instructional or
noninstructional
services consistent with the school improvement
plan.
(11) A district or public school academy that receives funds
under this section may use up to 3% of those funds to provide
research-based professional development to district and school
leadership and teachers that is aligned to professional learning
standards; is integrated into district, school building, and
classroom practices; and is solely related to the following:
(a) Implementing the multi-tiered system of supports required
in subsection (3) with fidelity and utilizing the data from that
system to inform curriculum and instruction.
(b) Implementing section 1280f of the revised school code, MCL
380.1280f, as required under subsection (3), with fidelity.
(12) 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
(4).allocation as otherwise
calculated under this
section by an equal percentage per district.
(13)
If a district is formed by consolidation after June 1,
1995,
and if 1 or more of the original districts 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 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 (4), are
economically
disadvantaged and that are 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)
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 state summative
assessment
have been received, is a pupil who did not achieve
proficiency
on the English language arts, mathematics, science, or
social
studies content area assessment.
(e)
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.
(g)
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.
(14) (15)
Beginning in 2018-2019, if a
district , or
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 proficient in English language arts by the
end of grade 3 as measured by the state assessment for the
immediately preceding school year and demonstrate to the
satisfaction of the department improvement over each of the 3
immediately preceding school years in the percentage of at-risk
pupils that are career- and college-ready as 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 , or public
school academy , or education achievement
system
shall ensure all of the following:
(a)
The district , or
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
proficient in English language arts by the end of grade 3, and the
district , or 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 English language arts proficiency.
(b)
The district , or
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 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 , or public
school academy , or the education achievement
system
shall expend that same proportion
multiplied by 1/2 of its
total at-risk funds under this section on tutoring and other
activities to improve scores on the college entrance examination
portion of the Michigan merit examination.
(15) (16)
As used in subsection (15), (14), "total
at-risk
pupils" means the sum of the number of pupils in grade 3 that are
not proficient in English language arts 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 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.
(16) (17)
A district or public school academy
that receives
funds
under this section or the education achievement system may
use funds received under this section to provide an anti-bullying
or crisis intervention program.
(17) (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.proficient in English language arts, based
upon state
assessments for pupils in those grades.
(18) For the purpose of determining the number of economically
disadvantaged pupils enrolled in a community district for 2017-
2018, disadvantaged pupils who were enrolled in the education
achievement system for 2016-2017 shall be considered to have been
enrolled in the community district for 2016-2017.
(19) As used in this section:
(a) "At-risk pupil" means a pupil who is economically
disadvantaged or an English language learner for whom the district
has documentation that the pupil meets any of the following
criteria:
(i) The pupil did not achieve proficiency on the English
language arts state assessment for grade 3 or is at risk of not
achieving proficiency, as determined by the district or public
school academy using data provided as part of the multi-tiered
system of supports described in subsection (3).
(ii) The pupil did not achieve proficiency on the mathematics
state assessment for grade 8 or is at risk of not achieving
proficiency, as determined by the district or public school academy
using data provided as part of the multi-tiered system of supports
described in subsection (3).
(iii) The pupil is chronically absent as defined by and
reported to the center.
(b) "Economically disadvantaged" means a pupil who has been
determined eligible for free or reduced-price meals as determined
under the Richard B. Russell national school lunch act, 42 USC 1751
to 1769; who is in a household receiving supplemental nutrition
assistance program or temporary assistance for needy families
assistance; or who is homeless, migrant, or in foster care, as
reported to the center.
(c) "English language learner" means limited English
proficient pupils who speak a language other than English as their
primary language and have difficulty speaking, reading, writing, or
understanding English as reported to the center.
(d) "Statewide weighted average foundation allowance" means
the number that is calculated by adding together the result of each
district's or public school academy's foundation allowance or per
pupil payment calculated under section 20 multiplied by the number
of pupils in membership in that district or public school academy,
and then dividing that total by the statewide number of pupils in
membership. For the purposes of this calculation, a district's
foundation allowance shall not exceed the basic foundation
allowance under section 20 for the current state fiscal year.
Sec. 31b. (1) From the appropriations in section 11, there is
allocated
an amount not to exceed $1,500,000.00 for 2016-2017 for
2017-2018
for grants to at-risk districts for
implementing a year-
round
balanced calendar instructional program for at least 1 of its
schools.
(2) The department shall select districts for grants under
this section from among applicant districts that meet both of the
following:
(a) The district meets 1 or both of the following:
(i) Is eligible in 2016-2017 2017-2018 for the community
eligibility option for free and reduced price lunch under 42 USC
1759a.
(ii) At least 50% of the pupils in membership in the district
met the income eligibility criteria for free breakfast, lunch, or
milk in the immediately preceding state fiscal year, as determined
under the Richard B. Russell national school lunch act, 42 USC 1751
to
1769i.1769j.
(b) The board of the district has adopted a resolution stating
that
the district will implement for the first time a year-round
balanced
calendar instructional calendar program that
will begin in
2017-2018
2018-2019 for at least 1 school operated by the district
and
committing to providing the year-round balanced calendar
instructional
calendar program in each of those schools for at
least 3 school years.
(3) A district seeking a grant under this section shall apply
to the department in the form and manner prescribed by the
department
not later than December 1, 2016. 2017. The department
shall select districts for grants and make notification not later
than
February 1, 2017.2018.
(4) The department shall award grants under this section on a
competitive basis, but shall give priority based solely on
consideration of the following criteria:
(a)
Giving priority to districts that, as of June 30, 2016, in
the immediately preceding fiscal year, had lower general fund
balances as a percentage of revenues.
(b) Giving priority to districts that operate at least 1
school that has been identified by the department as either a
priority school or a focus school.
(c) Ensuring that grant funding includes both rural and urban
districts.
(5) The amount of a grant under this section to any 1 district
shall not exceed $750,000.00.
(6) A grant payment under this section to a district shall be
used for necessary modifications to instructional facilities and
other
nonrecurring costs of preparing for the operation of a year-
round
balanced calendar instructional program as approved by the
department.
(7) A district receiving a grant under this section is not
required to provide more than the minimum number of days and hours
of pupil instruction prescribed under section 101, but shall spread
at least those minimum amounts of pupil instruction over the entire
year
in each of its schools in which a year-round balanced calendar
instructional calendar is implemented. The district shall commit to
providing
the year-round balanced
calendar instructional calendar
in each of those schools for at least 3 school years.
(8) For a district receiving a grant under this section,
excessive heat is considered to be a condition not within the
control of school authorities for the purpose of days or hours
being counted as days or hours of pupil instruction under section
101(4).
(9) Notwithstanding section 17b, grant payments to districts
under this section shall be paid on a schedule determined by the
department.
Sec. 31d. (1) From the appropriations in section 11, there is
allocated
an amount not to exceed $22,495,100.00 for 2016-2017
2017-2018 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.
104458-104492.456 Mich 175 (1997).
(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 2016-2017 2017-2018
all available federal funding,
estimated
at $510,000,000.00 $520,000,000.00
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 $2,500,000.00 for 2015-2016 and
there
is allocated an amount not to exceed $2,500,000.00 for 2016-
2017
$4,500,000.00 each fiscal
year for 2016-2017 and for 2017-2018
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. 31j. (1) From the general fund money appropriated in
section
11, there is allocated an amount not to exceed $250,000.00
$375,000.00
for 2016-2017 2017-2018 for a pilot project to support
districts in the purchase of locally grown fruits and vegetables as
described in this section.
(2) The department shall provide funding to prosperity regions
2, and
4, and 9 for the pilot project described under this section.
From the funding identified in subsection (1), funding retained by
the prosperity regions for administration of the project shall not
exceed 10%, and funding retained by the department for
administration shall not exceed 6%.
(3) The department shall develop and implement a competitive
grant program for districts within the identified prosperity
regions to assist in paying for the costs incurred by the district
to purchase or increase purchases of whole or minimally processed
fruits, vegetables, and legumes grown in this state. The maximum
amount that may be drawn down on a grant to a district shall be
based on the number of meals served by the school district during
the previous school year under the Richard B. Russell national
school
lunch act, 42 USC 1751 to 1769. 1769j.
The department shall
collaborate with the Michigan department of agriculture and rural
development to provide training to newly participating schools and
electronic information on Michigan agriculture.
(4) The goals of the pilot project include improving daily
nutrition and eating habits for children through the school
settings while investing in Michigan's agricultural and related
food business economy.
(5) A district that receives a grant under this section shall
use those funds for the costs incurred by the school district to
purchase whole or minimally processed fruits, vegetables, and
legumes that meet all of the following:
(a) Are purchased on or after the date the district received
notification from the department of the amount to be distributed to
the district under this subsection, including purchases made to
launch
meals in September 2016 2017
for the 2016-2017 2017-2018
school year.
(b) Are grown in this state and, if minimally processed, are
also processed in this state.
(c) Are used for meals that are served as part of the United
States Department of Agriculture's child nutrition programs.
(6) For Michigan-grown fruits, vegetables, and legumes that
satisfy the requirements of subsection (5), matching reimbursements
shall be made in an amount not to exceed 10 cents for every school
meal that is served as part of the United States Department of
Agriculture's child nutrition programs and that uses Michigan-grown
fruits, vegetables, and legumes.
(7) A district that receives a grant for reimbursement under
this section shall use the grant to purchase whole or minimally
processed fruits, vegetables, and legumes that are grown in this
state and, if minimally processed, are also processed in this
state.
(8) In awarding grants under this section, the department
shall work in conjunction with prosperity region offices, in
consultation with Michigan-based farm to school resource
organizations, to develop scoring criteria that assess an
applicant's ability to procure Michigan-grown products, prepare and
menu Michigan-grown products, promote and market Michigan-grown
products, and submit letters of intent from districts on plans for
educational activities that promote the goals of the program.
(9) The department shall give preference to districts that
propose educational activities that meet 1 or more of the
following: promote healthy food activities; have clear educational
objectives; involve parents or the community; and connect to a
school's farm-to-school procurement activities.
(10) In awarding grants, the department shall also consider
all of the following: the percentage of children who qualify for
free or reduced price school meals under the Richard B. Russell
national
school lunch act, 42 USC 1751 to 1769; 1769j; the variety
of school sizes and geographic locations within the identified
prosperity regions; and existing or future collaboration
opportunities between more than 1 district in a prosperity region.
(11) As a condition of receiving a grant under this section, a
district shall provide or direct its vendors to provide to
prosperity region offices copies of monthly receipts that show the
quantity of different Michigan-grown fruits, vegetables, and
legumes purchased, the amount of money spent on each of these
products, and the name and Michigan location of the farm that grew
the products. The district shall also provide to the prosperity
region monthly lunch numbers and lunch participation rates, and
calendars or monthly menus noting when and how Michigan-grown
products were used in meals. The district and school food service
director or directors also shall agree to respond to brief online
surveys and to provide a report that shows the percentage
relationship of Michigan spending compared to total food spending.
Not
later than March 1, 2017, 2018,
each prosperity region office
shall submit a report to the department on expected outcomes and
related measurements for economic development and children's
nutrition and readiness to learn based on progress so far. The
report shall include at least all of the following:
(a) The extent to which farmers and related businesses,
including distributors and processors, see an increase in market
opportunities and income generation through sales of Michigan or
local products to districts. All of the following apply for
purposes of this subdivision:
(i) The data used to determine the amount of this increase
shall be the total dollar amount of Michigan or local fruits,
vegetables, and legumes purchased by schools, along with the number
of different types of products purchased; school food purchasing
trends identified along with products that are of new and growing
interest among food service directors; the number of businesses
impacted; and the percentage of total food budget spent on
Michigan-grown fruits, vegetables, and legumes.
(ii) The prosperity region office shall use purchasing data
collected for the project and surveys of school food service
directors on the impact and success of the project as the source
for the data described in subparagraph (i).
(b) The ability to which pupils can access a variety of
healthy Michigan-grown foods through schools and increase their
consumption of those foods. All of the following apply for purposes
of this subdivision:
(i) The data used to determine whether this subparagraph is
met shall be the number of pupils exposed to Michigan-grown fruits,
vegetables, and legumes at schools; the variety of products served;
new items taste-tested or placed on menus; and the increase in
pupil willingness to try new local, healthy foods.
(ii) The prosperity region office shall use purchasing data
collected for the project, meal count and enrollment numbers,
school menu calendars, and surveys of school food service directors
as the source for the data described in subparagraph (i).
(12) The department shall compile the reports provided by
prosperity region offices under subsection (11) into 1 legislative
report. The department shall provide this report not later than
April
1, 2017 2018 to the house and senate subcommittees
responsible for school aid, the house and senate fiscal agencies,
and the state budget director.
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 $243,600,000.00 for 2016-2017. 2017-2018. Funds
allocated under this section for great start readiness programs
shall
be used to provide part-day, school-day, or GSRP/head start
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 September 1 of the school year in which
the program is offered and shall meet those eligibility and
prioritization guidelines.
(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 2016-2017 2017-
2018 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 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, including, at
least, the Connect4Learning curriculum.
(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 and shall be prioritized for enrollment
within the lowest quintile.
(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 or higher degree in child
development or early childhood education 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 education, 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 described in section 39 for
purposes of determining the amount of the grant award.
(7)
For a grant recipient that enrolls pupils in a GSRP/head
start
GSRP/Head Start blended program, the grant recipient shall
ensure
that all head start 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
subsections (4) and (5).
(9) An intermediate district or consortium of intermediate
districts may retain for administrative services provided by the
intermediate district or consortium of intermediate districts an
amount not to exceed 4% of the grant amount. Expenses incurred by
subrecipients engaged by the intermediate district or consortium of
intermediate districts for directly running portions of the program
shall be considered program costs or a contracted program fee for
service.
(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 and shall be prioritized for enrollment
within the lowest quintile.
(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 enter into a written agreement
regarding payment, in a manner prescribed by the department.
(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. For the purposes of this 30% allocation, an
intermediate district or consortium of intermediate districts may
count
children served by a head start Head
Start grantee or
delegate
in a blended head start Head
Start and great start
readiness school-day program. Children served in a program funded
only
through head start Head
Start shall not be counted toward this
30% 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 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 allocation 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
nonparticipating licensed child care center located in the service
area of the intermediate district or consortium regarding the
center's eligibility to participate, in a manner prescribed by the
department.
(b) The intermediate district or consortium provided to each
nonparticipating 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
allocation 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 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 December 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 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 health
and 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 "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 and
charge tuition according to 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) 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,
2016,
2017, 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 no more than the projected transportation
budget
or $150.00 $300.00 multiplied by the number of slots
children 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 child
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.
(20) The department shall implement a process to review and
approve age-appropriate comprehensive classroom level quality
assessments for GSRP grantees that support the early childhood
standards of quality for prekindergarten children adopted by the
state board. The department shall complete the approval process and
make available to intermediate districts at least 2 approved
classroom level quality assessments no later than April 1, 2018.
(21) An intermediate district that is a GSRP grantee may
approve the use of a supplemental curriculum that aligns with and
enhances the age-appropriate educational curriculum in the
classroom. If the department objects to the use of a supplemental
curriculum approved by an intermediate district, the superintendent
of public instruction shall establish a review committee
independent of the department. The review committee shall meet
within 60 days of the department registering its objection in
writing and provide a final determination on the validity of the
objection within 60 days of the review committee's first meeting.
Sec.
32p. (1) From the school aid fund appropriation in
section 11, there is allocated an amount not to exceed
$13,400,000.00
to intermediate districts for 2016-2017 2017-2018
for the purpose of providing early childhood funding to
intermediate school districts to support the activities under
subsection (2) and subsection (4), and 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.
(e)
Early education, including the child's vocabulary
development of skills linked to success in foundational literacy,
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
using
evidence-based methods, including vocabulary development, a
focus on developmentally appropriate outcomes for early literacy,
to reduce the number of pupils retained in grade level, and to
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. The coordination
among departments and agencies is intended to avoid duplication of
state services and spending, and should emphasize efficient service
delivery of home visiting programs.
(5) 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) 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. 32q. From the state school aid fund allocation under
section 11, there is allocated to an eligible intermediate district
an
amount equal to $175,000.00 in 2016-2017 2017-2018 for the
purpose of this section. An intermediate district receiving a grant
under this section shall partner with an early childhood
collaborative to conduct a pilot program as provided under this
section.
It is the intent of the legislature that this is the first
second of 3 years of funding, and that funding shall continue in
2017-2018
and 2018-2019. Funding allocated to
an intermediate
district shall be used in partnership with a collaborative to
conduct a pilot program to evaluate the relative impact on
vulnerable children of 1 versus 2 years of preschool education. All
of the following apply to the pilot program funded under this
section:
(a) An eligible intermediate district is an intermediate
district that is located in a county with a population as of the
most recent federal decennial census that was greater than 500,000
but fewer than 800,000 and that has an early learning collaborative
located within its boundaries.
(b) The funds shall be used for research, family coaching
support, administration, information systems, and evaluation.
(c) In order to be eligible to receive the allocated funds,
the early learning collaborative, in partnership with the
intermediate district, shall provide the funding for all eligible
children included in the pilot program.
(d) The early learning collaborative, in partnership with the
intermediate district, shall develop a 3-year pilot program under
the supervision of the office of great start in the department.
(e) For a child to be eligible for participation in the pilot
program under this section, the child shall be 3 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.
(f) A child participating in the pilot program shall meet the
participant eligibility and prioritization guidelines as defined by
the department.
(g) Notwithstanding section 17b, the department shall
distribute funds under this section not later than November 15 of
the fiscal year.
(h) The early learning collaborative, in partnership with the
intermediate district, shall provide annual progress evaluations to
the office of great start.
(i) By December 1, 2019, the early learning collaborative, in
partnership with the intermediate district, shall provide a pilot
program report and evaluation to the office of great start. The
office of great start shall review the pilot program report and
evaluation and, by February 15, 2020, provide a report to the
senate and house appropriations subcommittees on state school aid
and to the senate and house fiscal agencies of its evaluation of
the pilot program.
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 2016-2017 2017-2018 for implementation costs
associated with programs funded under section 35a.
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 $19,000,000.00 from the state school aid fund
appropriation
and an amount not to exceed $1,500,000.00 from the
general
fund appropriation. From the
appropriations in section 11,
there
is allocated for 2016-2017 2017-2018
for the purposes of this
section
an amount not to exceed $22,900,000.00 $26,900,000.00 from
the
state school aid fund and an amount not to exceed $1,000,000.00
$2,500,000.00 from the general fund.
(2)
From the allocations A
district that receives funds under
subsection
(1), there is allocated an amount not to exceed
$950,000.00
each fiscal year for 2015-2016 and for 2016-2017 for
professional
development purposes under this subsection. The 2016-
2017
allocation represents the second 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
(5) may spend up to 5% of those funds for 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 for 2015-2016
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.
(d)
The funds allocated under this subsection for 2016-2017
are
a work project appropriation, and any unexpended funds for
2016-2017
are carried forward into 2017-2018. 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, 2018.
(3)
From the allocations under subsection (1), there is
allocated
an amount not to exceed $1,450,000.00 each fiscal year
for
2015-2016 and for 2016-2017 for grants under this subsection.
The
2016-2017 allocation represents the second of 2 years of
funding.
All of the following apply to grants under this
subsection:
(3) (a)
The department shall award grants to districts A
district that receives funds under subsection (5) may use up to 5%
of those funds 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)
A department-approved screening and
diagnostic tool
administered by a district using funding under this section must
include all of the following components: phonemic awareness,
phonics, fluency, and comprehension. Further, all of the following
sub-skills must be assessed within each of these components:
(a) (i) Phonemic
awareness - segmentation, blending, and sound
manipulation (deletion and substitution).
(b) (ii) Phonics
- decoding (reading) and encoding (spelling).
(c) (iii) Fluency
- reading rate, accuracy, and expression.
(d) (iv) Comprehension
- making meaning of text.
(c)
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.
(d)
The funds allocated under this subsection for 2015-2016
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.
(e)
The funds allocated under this subsection for 2016-2017
are
a work project appropriation, and any unexpended funds for
2016-2017
are carried forward into 2017-2018. 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, 2018.
(4) From the allocations under subsection (1), there is
allocated
an amount not to exceed $3,000,000.00 each fiscal year
for
2015-2016 and for 2016-2017 $6,000,000.00
for 2017-2018 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.$75,000.00.
(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 $75,000.00
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 for 2015-2016
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.
(d)
The funds allocated under this subsection for 2016-2017
are
a work project appropriation, and any unexpended funds for
2016-2017
are carried forward into 2017-2018. 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, 2018.
(5) From the allocations under subsection (1), there is
allocated
an amount not to exceed $13,600,000.00 for 2015-2016 and
an
amount not to exceed $17,500,000.00 $20,900,000.00 for 2016-2017
2017-2018 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.
(v) Complied with the requirements under section 1280f of the
revised school code, MCL 380.1280f.
(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.$210.00.
(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.
(6) From the general fund money allocated in subsection (1),
the
department shall allocate the amount of $1,000,000.00 each
fiscal
year for 2015-2016 and for 2016-2017 $2,500,000.00 for 2017-
2018 to the Michigan Education Corps. All of the following apply to
funding under this subsection:
(a)
By August 1 of the applicable current
fiscal year, 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.
(c) The department may not reserve any portion of the
allocation provided under this subsection for an evaluation of the
Michigan Education Corps, the Michigan Education Corps' funding, or
the Michigan Education Corps' programming. The department shall
award the entire $2,500,000.00 allocated under this subsection to
the Michigan Education Corps and shall not condition the awarding
of
this funding on the implementation of an independent evaluation.
(7)
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 For 2017-2018
calculations, the estimated total
number
of children in the community who meet the criteria of section 32d,
and
how that calculation was made.as
provided to the applicant by
the department utilizing the most recent population data available
from the American community survey conducted by the United States
Census Bureau. Beginning in 2018-2019, the department shall ensure
that it provides updated American community survey population data
at
least once every 3 years.
(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.exclusively
by Head Start programs
operating
in the community.
(c)
The number of slots children
whom the applicant will be
able
to fill with children has the
capacity to serve who meet the
criteria of section 32d including a verification of physical
facility and staff resources capacity.
(d)
The estimated number of slots that will remain unfilled
and
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. Each child construed to be in
need
constitutes 1 slot.
(3) (4)
The initial allocation for each
fiscal year to each
eligible
applicant under section 32d shall be determined by
multiplying
the number of slots determined by the formula under
subsection
(3) or the number of slots the applicant indicates it
will
be able to fill 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 slots an applicant
indicates
it will be able to fill under subsection (1)(c) includes
children
able to be served in a school-day program, then the number
of
slots for a school-day program shall be doubled for the purposes
of
making this calculation. 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.the lesser of the
following:
(a) The sum of the number of children served in a school-day
program in the preceding school year multiplied by $7,250.00 and
the number of children served in a GSRP/Head Start blended program
or a part-day program in the preceding school year multiplied by
$3,625.00.
(b) The sum of the number of children the applicant has the
capacity to serve in 2017-2018 in a school-day program multiplied
by $7,250.00 and the number of children served in a GSRP/Head Start
blended program or a part-day program the applicant has the
capacity to serve in 2017-2018 multiplied by $3,625.00.
(5)
If funds allocated for eligible applicants 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 slots in each district within the
applicant's
service area filled in the immediately preceding fiscal
year
or the number of slots the applicant indicates it will be able
to
fill under subsection (1)(c), whichever is less, minus the
number
of slots for which the applicant received funding in
subsection
(4) by $3,625.00.
(4) (6)
If funds allocated for eligible
applicants 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 slots the applicant indicates it will be able
to
fill under subsection (1)(c) exceeds the number of slots for
which
funds have been received under subsections (4) and (5), the
allocation
under this subsection shall be determined by multiplying
the
number of slots the applicant indicates it will be able to fill
under
subsection (1)(c) less the number of slots 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.subsection (3), the department shall
distribute the
remaining funds to each intermediate district or consortium of
intermediate districts that serves less than the state percentage
benchmark determined under subsection (5). These remaining funds
shall be distributed to each eligible applicant based upon each
applicant's proportionate share of the remaining unserved children
necessary to meet the statewide percentage benchmark in
intermediate districts or consortia of intermediate districts
serving less than the state percentage benchmark. When all
applicants have been given the opportunity to reach the statewide
percentage benchmark, the statewide percentage benchmark may be
reset, as determined by the department, until greater equity of
opportunity to serve eligible children across all intermediate
school districts has been achieved.
(5) For the purposes of subsection (4), for the 2017-2018
program year, the department shall calculate a percentage of
children served by each intermediate district or consortium of
intermediate districts by dividing the number of children served in
the immediately preceding year by that intermediate district or
consortium by the total number of children within the intermediate
district or consortium of intermediate districts who meet the
criteria of section 32d as determined by the department utilizing
the most recent population data available from the American
community survey conducted by the United States Census Bureau. The
department shall compare the resulting percentage of eligible
children served to a statewide percentage benchmark to determine if
the intermediate district or consortium is eligible for additional
funds under subsection (4). For 2017-2018, the statewide percentage
benchmark is 60%.
(6) (7)
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.
(7) The department shall review the program components under
section 32d and under this section at least biennially. The
department also shall convene a committee of internal and external
stakeholders at least once every 5 years to ensure that the funding
structure under this section reflects current system needs under
section 32d.
(8) As used in this section, "school-day program", "GSRP/Head
Start blended program", and "part-day program" mean those terms as
defined in section 32d.
Sec. 39a. (1) From the federal funds appropriated in section
11, there is allocated each fiscal year for 2016-2017 and for 2017-
2018 to districts, intermediate districts, and other eligible
entities all available federal funding, estimated at
$821,939,900.00
$744,039,900.00 for 2016-2017
and $731,600,000.00
for 2017-2018 for the federal programs under the no child left
behind act of 2001, Public Law 107-110, or the every student
succeeds act, Public Law 114-95. These funds are allocated as
follows:
(a)
An amount estimated at $2,000,000.00 $1,200,000.00 each
fiscal year 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 2016-2017 and
$100,000,000.00 for 2017-2018 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 2016-2017 and
$11,000,000.00 for 2017-2018 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 $250,000.00 for 2016-2017 only for
the Michigan charter school subgrant program, funded from DED-OESE,
charter school funds.
(e) An amount estimated at $3,000,000.00 for 2016-2017 and
$2,800,000.00 for 2017-2018 for rural and low income schools,
funded from DED-OESE, rural and low income school funds.
(f)
An amount estimated at $565,000,000.00 $535,000,000.00
each fiscal year 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 2016-2017 and
$9,200,000.00 for 2017-2018 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 each fiscal year 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 $18,000,000.00 each
fiscal year to help support local school improvement efforts,
funded from DED-OESE, title I, local school improvement grants.
(j)
An amount estimated at $55,900,000.00 $15,400,000.00 each
fiscal year to improve the academic achievement of students, funded
from DED-OESE, title IV, student support and academic enrichment
grants.
(2) From the federal funds appropriated in section 11, there
is allocated for 2016-2017 and for 2017-2018 to districts,
intermediate districts, and other eligible entities all available
federal funding, estimated at $30,800,000.00 for 2016-2017 and
$30,000,000.00 for 2017-2018 for the following programs that are
funded by federal grants:
(a) An amount estimated at $200,000.00 for 2016-2017 and
$100,000.00 for 2017-2018 for acquired immunodeficiency syndrome
education grants, funded from HHS – Centers for Disease Control and
Prevention, AIDS funding.
(b) An amount estimated at $2,600,000.00 for 2016-2017 and
$1,900,000.00 for 2017-2018 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 each fiscal year to
provide mental health, substance abuse, or violence prevention
services to students, funded from HHS-SAMHSA.
(d) An amount estimated at $24,000,000.00 each fiscal year 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) For the purposes of funding federal title I grants under
this article, in addition to any other federal grants for which a
strict discipline academy is eligible, the department shall
allocate to strict discipline academies out of title I, part A
funds equal to what a strict discipline academy would have received
if included and calculated under title I, part D, or what it would
receive under the formula allocation under title I, part A,
whichever is greater.
(6) As used in this section:
(a) "DED" means the United States Department of Education.
(b) "DED-OESE" means the DED Office of Elementary and
Secondary Education.
(c) "DED-OVAE" means the DED Office of Vocational and Adult
Education.
(d) "HHS" means the United States Department of Health and
Human Services.
(e) "HHS-SAMHSA" means the HHS Substance Abuse and Mental
Health Services Administration.
Sec.
41. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $1,200,000.00 for 2016-2017 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.For a
district or public school
academy to be eligible to receive funding under this section, the
district or public school academy must administer to English
language learners the English language proficiency assessment known
as the "WIDA ACCESS for English language learners" or the "WIDA
Alternate ACCESS". From the appropriation in section 11, there is
allocated an amount not to exceed $6,000,000.00 for 2017-2018 for
payments to eligible districts and eligible public school academies
for services for English language learners who have been
administered the WIDA ACCESS for English language learners.
(2) Funding allocated under this section shall be distributed
to eligible districts and eligible public school academies based on
the number of full-time equivalent English language learners as
follows:
(a) $620.00 per full-time equivalent English language learner
who has been assessed under the WIDA ACCESS for English language
learners or the WIDA Alternate ACCESS with a WIDA ACCESS or WIDA
Alternate ACCESS composite score between 1.0 and 1.9, or less, as
applicable to each assessment.
(b) $410.00 per full-time equivalent English language learner
who has been assessed under the WIDA ACCESS for English language
learners or the WIDA Alternate ACCESS with a WIDA ACCESS or WIDA
Alternate ACCESS composite score between 2.0 and 2.9, or less, as
applicable to each assessment.
(3) If funds allocated under this section are insufficient to
fully fund the payments as prescribed under subsection (2),
payments shall be prorated on an equal percentage basis, with the
same percentage proration applied to both funding categories.
(4) Each district or public school academy receiving funds
under this section shall submit to the department by July 15 of
each fiscal year a report, not to exceed 10 pages, on the usage by
the district or public school academy of funds under this section,
in a form and manner determined by the department, which shall
include a brief description of each program conducted or services
performed by the district or public school academy using funds
under this section and the amount of funds under this section
allocated to each of those programs or services. If a district or
public school academy does not comply with this section, the
department shall withhold an amount equal to the August payment due
under this section until the district or public school academy
complies with this subsection. If the district or public school
academy does not comply with this section by the end of the state
fiscal year, the withheld funds shall be forfeited to the school
aid fund.
(5) In order to receive funds under this section, a district
or public school academy shall allow access for the department or
the department's designee to audit all records related to the
program for which it receives those funds. The district or public
school academy shall reimburse this state for all disallowances
found in the audit.
(6) Beginning July 1, 2020, and every 3 years thereafter, the
department shall review the per-pupil distribution under subsection
(2), to ensure that funding levels are appropriate and make
recommendations for adjustments to the members of the senate and
house subcommittees on K-12 school aid appropriations.
Sec. 51a. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $945,246,100.00 for 2015-2016 and
an
amount not to exceed $973,046,100.00 $941,946,100.00 for 2016-
2017 and there is allocated an amount not to exceed $956,246,100.00
for 2017-2018 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 2015-2016 and for 2016-2017
and for 2017-2018, plus any carryover federal funds from previous
year appropriations. In addition, from the general fund
appropriation in section 11, there is allocated to the department
an amount not to exceed $500,000.00 for 2017-2018 for the purpose
of subsection (16). 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; 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 $263,500,000.00 for
2015-2016
and estimated at $271,600,000.00
$260,700,000.00 for
2016-2017 and estimated at $264,200,000.00 for 2017-2018, 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 plus the amount of the district's per-pupil allocation
under section 20m, 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, and that district's per-
pupil allocation under section 20m.
(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 2015-2016 an amount not to exceed $1,000,000.00 and
there is allocated each fiscal year for 2016-2017 and for 2017-2018
an
amount not to exceed $1,100,000.00 $1,000,000.00 to make
payments to districts and intermediate districts under this
subsection. If the amount allocated to a district or intermediate
district for a fiscal year under subsection (2)(b) is less than the
sum of the amounts allocated to the district or intermediate
district for 1996-97 under sections 52 and 58, there is allocated
to the district or intermediate district for the fiscal year an
amount equal to that difference, adjusted by applying the same
proration factor that was used in the distribution of funds under
section 52 in 1996-97 as adjusted to the district's or intermediate
district's necessary costs of special education used in
calculations for the fiscal year. This adjustment is to reflect
reductions in special education program operations or services
between 1996-97 and subsequent fiscal years. Adjustments for
reductions in special education program operations or services
shall be made in a manner determined by the department and shall
include adjustments for program or service shifts.
(4) If the department determines that the sum of the amounts
allocated for a fiscal year to a district or intermediate district
under subsection (2)(a) and (b) is not sufficient to fulfill the
specified percentages in subsection (2), then the shortfall shall
be paid to the district or intermediate district during the fiscal
year beginning on the October 1 following the determination and
payments under subsection (3) shall be adjusted as necessary. If
the department determines that the sum of the amounts allocated for
a fiscal year to a district or intermediate district under
subsection (2)(a) and (b) exceeds the sum of the amount necessary
to fulfill the specified percentages in subsection (2), then the
department shall deduct the amount of the excess from the
district's or intermediate district's payments under this article
for the fiscal year beginning on the October 1 following the
determination and payments under subsection (3) shall be adjusted
as necessary. However, if the amount allocated under subsection
(2)(a) in itself exceeds the amount necessary to fulfill the
specified percentages in subsection (2), there shall be no
deduction under this subsection.
(5) State funds shall be allocated on a total approved cost
basis. Federal funds shall be allocated under applicable federal
requirements, except that an amount not to exceed $3,500,000.00 may
be
allocated by the department each fiscal year for 2015-2016 and
for 2016-2017 and for 2017-2018 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
2015-2016 and for 2016-2017 and for 2017-2018 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. 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 $3,800,000.00 for
2015-2016
and estimated at $3,700,000.00 $3,500,000.00
for 2016-
2017, and estimated at $3,600,000.00 for 2017-2018, to pay the
foundation allowances for pupils described in this subsection. The
allocation to a district under this subsection shall be calculated
by multiplying the number of pupils described in this subsection
who are counted in membership in the district times the sum of the
foundation allowance under section 20 of the pupil's district of
residence plus the amount of the district's per-pupil allocation
under section 20m, 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, and that district's per-pupil allocation under
section 20m. 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 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 that is not a cyber school, as
defined in section 551 of the revised school code, MCL 380.551,
enrolls pursuant to under 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 intermediate district in which the public school
academy is located and the public school academy shall enter into 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 shall include at
least an agreement on the responsibility for the payment of the
added costs of special education programs and services for the
pupil. If the public school academy that enrolls the pupil does not
enter into an agreement under this subsection, the public school
academy shall not charge the pupil's resident intermediate district
or the intermediate district in which the public school academy is
located the added costs of special education programs and services
for the pupil, and the public school academy is not eligible for
any payouts based on the funding formula outlined in the resident
or nonresident intermediate district's plan. If a pupil is not
enrolled in a public school academy under this subsection, the
provision of special education programs and services and the
payment of the added costs of special education programs and
services for a pupil described in this subsection are the
responsibility of the district and intermediate district in which
the pupil resides.
(15)
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.
(15) For the purpose of receiving its federal allocation under
part B of the individuals with disabilities education act, Public
Law 108-446, a public school academy 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, shall directly receive the federal allocation under part
B of the individuals with disabilities education act, Public Law
108-446, from the intermediate district in which the cyber school
is located, as the subrecipient. If the intermediate district does
not distribute the funds described in this subsection to the cyber
school by the Part B application due date of July 1, the department
may distribute the funds described in this subsection directly to
the cyber school according to the formula prescribed in 34 CFR
300.705 and 34 CFR 300.816.
(16) For a public school academy 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, that enrolls a pupil under this section, the intermediate
district in which the cyber school is located shall ensure that the
cyber school complies with sections 1701a, 1703, 1704, 1751, 1752,
1756, and 1757 of the revised school code, MCL 380.1701a, 380.1703,
380.1704, 380.1751, 380.1752, 380.1756, and 380.1757; applicable
rules; and the individuals with disabilities education act, Public
Law 108-446. From the general fund appropriation under subsection
(1), the department shall provide appropriate administrative
funding to the intermediate district in which that cyber school is
located for the purpose of ensuring that compliance.
(17) (16)
For the purposes of this section,
the department or
the center shall only require a district or intermediate district
to report information that is not already available from the
financial information database maintained by the center.
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, 456 Mich 175 (1997),
from the allocation under
section
51a(1), there is allocated each fiscal year for 2015-2016
and
for 2016-2017 and for 2017-2018 the amount necessary, estimated
at
$624,800,000.00 for 2015-2016 and estimated at $644,500,000.00
$624,600,000.00 for 2016-2017 and $635,300,000.00 for 2017-2018,
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 each fiscal year for 2016-2017 and for 2017-
2018, all available federal funding, estimated at $71,000,000.00,
$61,000,000.00 each fiscal year, 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 each fiscal year for 2016-2017 and
for 2017-2018:
(a) An amount estimated at $14,000,000.00 each fiscal year for
handicapped infants and toddlers, funded from DED-OSERS,
handicapped infants and toddlers funds.
(b) An amount estimated at $12,000,000.00 each fiscal year for
preschool grants (Public Law 94-142), funded from DED-OSERS,
handicapped preschool incentive funds.
(c)
An amount estimated at $45,000,000.00 $35,000,000.00 each
fiscal year for special education programs funded by DED-OSERS,
handicapped program, individuals with disabilities act funds.
(3) As used in this section, "DED-OSERS" means the United
States Department of Education Office of Special Education and
Rehabilitative Services.
Sec. 53a. (1) For districts, reimbursement for pupils
described in subsection (2) shall be 100% of the total approved
costs of operating special education programs and services approved
by the department and included in the intermediate district plan
adopted pursuant to article 3 of the revised school code, MCL
380.1701 to 380.1766, minus the district's foundation allowance
calculated under section 20 and minus the district's per-pupil
allocation under section 20m. 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, and that district's per-
pupil allocation under section 20m.
(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 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 2016-
2017
2017-2018 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 2016-2017 2017-2018
in section 51a(1) shall be
allocated under this section.
Sec. 54b. (1) From the general fund appropriation in section
11,
there is allocated an amount not to exceed $1,125,000.00 for
2016-2017
to begin $1,600,000.00 for
2017-2018 to continue the
implementation of the recommendations of the special education
reform task force published in January 2016.
(2)
From the allocation in subsection (1), there is allocated
for
2016-2017 an amount not to exceed $625,000.00 Except as
provided in subsection (3), the department shall use funds
allocated under this section for the purpose of piloting statewide
implementation of the Michigan Integrated Behavior and Learning
Support Initiative (MiBLSI), a nationally recognized program that
includes positive behavioral intervention and supports and provides
a statewide structure to support local initiatives for an
integrated behavior and reading program. With the assistance of the
intermediate districts involved in MiBLSI, the department shall
identify
at least 3 a number of intermediate districts to
participate in the pilot that is sufficient to ensure that MiBLSI
can be implemented statewide with fidelity and sustainability. In
addition, the department shall identify an intermediate district to
act as a fiscal agent for these funds.
(3)
From the allocation in subsection (1), there is allocated
for
2016-2017 an amount not to exceed $500,000.00 In addition to
the purpose under subsection (2), the department shall use funds
allocated under this section for the purpose of providing training
to intermediate districts and districts related to the safe
implementation of emergency restraints and seclusion. The
department shall develop and implement a training program that is
based on the state board's adopted standards and on any other
legislation enacted by the legislature regarding the emergency use
of seclusion and restraint.
Sec. 55. (1) From the money appropriated in section 11, there
is
allocated an amount not to exceed $150,000.00 for 2016-2017
2017-2018 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)
This funding is for the second of 2 third of 3 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 each fiscal year
for
2015-2016 and for 2016-2017 and for 2017-2018 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 2014-2015 shall
be
made in 2015-2016 at an amount per 2014-2015 membership pupil
computed
by subtracting from $175,300.00 the 2014-2015 taxable
value
behind each membership pupil and multiplying the resulting
difference
by the 2014-2015 millage levied.
(3) (4)
Reimbursement for those millages
levied in 2015-2016
shall be made in 2016-2017 at an amount per 2015-2016 membership
pupil
computed by subtracting from $179,600.00 $180,900.00 the
2015-2016 taxable value behind each membership pupil and
multiplying the resulting difference by the 2015-2016 millage
levied.
(4) Reimbursement for those millages levied in 2016-2017 shall
be made in 2017-2018 at an amount per 2016-2017 membership pupil
computed by subtracting from $183,200.00 the 2016-2017 taxable
value behind each membership pupil and multiplying the resulting
difference by the 2016-2017 millage levied, and then subtracting
from that amount the 2016-2017 local community stabilization share
revenue for special education purposes behind each membership pupil
for reimbursement of personal property exemption loss under the
local community stabilization authority act, 2014 PA 86, MCL
123.1341 to 123.1362.
(5) The amount paid to a single intermediate district under
this section shall not exceed 62.9% of the total amount allocated
under subsection (2).
(6) 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 $36,611,300.00 for 2016-2017
2017-2018 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 that has a
foundation allowance as calculated under section 20 greater than
the minimum foundation allowance under that section, 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 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; and the program rank in
student placement, job openings, and wages, 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) 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.
(4)
In addition to the money allocated under subsection (1),
subsections (1), (5), and (6), from the general fund money
appropriated
in section 11, there is allocated for 2016-2017 2017-
2018 an amount not to exceed $79,000.00 to an eligible Michigan-
approved 501(c)(3) organization for the purposes of teaching or
training restaurant management and culinary arts for career and
professional development. The department shall oversee funds
distributed to an eligible grantee under this section. As used in
this subsection, "eligible Michigan-approved 501(c)(3)
organization" means an organization that is exempt from taxation
under section 501(c)(3) of the internal revenue code of 1986, 26
USC 501, that provides the ProStart curriculum and training to
state-approved career and technical education programs with
classification of instructional programs (CIP) codes in the 12.05xx
category, and that administers national certification for the
purpose of restaurant management and culinary arts for career and
professional development.
(5) In addition to the funds allocated under subsections (1),
(4), and (6), from the funds appropriated in section 11, there is
allocated for 2017-2018 an amount not to exceed $1,000,000.00 for
competitive grants to intermediate districts to hire career and
technical education counselors. All of the following apply to this
funding:
(a) An intermediate district seeking a grant under this
subsection shall apply to the department in a form and manner
specified by the department.
(b) The department shall award grants under this subsection on
a competitive basis to no more than 3 intermediate districts but
shall give priority to the intermediate district that has the
greatest number of pupils enrolled in its constituent districts and
shall ensure that grants are equitably distributed to the various
geographic areas of this state and to urban and rural areas.
(c) To be eligible for funding under this subsection, an
intermediate district shall do all of the following:
(i) Catalog all available K-12 and other workforce development
programs and services, including job search, job training, pre-
employment certifications, career awareness programs, career and
technical education programs, and other related programs and
services offered by districts or intermediate districts,
postsecondary institutions, and other private or public service
organizations.
(ii) Develop an outreach program that educates students about
career and technical education options and connects students to the
services cataloged under subparagraph (i).
(iii) Track student placement and report on student placement
to the house and senate appropriations subcommittees on school aid
no later than June 30, 2018 in the form and manner prescribed by
the department.
(6) In addition to the funds allocated under subsections (1),
(4), and (5), there is allocated an amount not to exceed
$160,000.00 for 2017-2018 to eligible districts under this
subsection for the purpose of career and technical education
counselors. To be eligible to receive funding under this
subsection, an eligible district must be a constituent district of
an intermediate district that is located in prosperity region 6 and
borders prosperity regions 5, 7, and 9, and must have at least
1,600 pupils in membership in 2017-2018. A grant to an eligible
district under this subsection shall be $80,000.00.
Sec. 61b. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $1,000,000.00 for 2015-2016 and
there
is allocated an amount not to
exceed $9,000,000.00
$8,000,000.00 each fiscal year for 2016-2017 and 2017-2018 for CTE
early/middle college and CTE dual enrollment programs authorized
under this section and for planning grants for the development or
expansion of CTE early/middle college programs. 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 and CTE dual enrollment 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 and
CTE dual enrollment 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 and CTE dual enrollment
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. A
talent district career council shall document that it has conducted
this review and certify that it is accurate. These career cluster
rankings shall be determined and updated once every 4 years.
(b) An identification of educational entities in the
prosperity region or subregion that will provide eligible CTE
early/middle college and CTE dual enrollment 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 and CTE dual enrollment programs in the
prosperity region or subregion.
(d) Any other requirements as defined by the department.
(5) An eligible CTE program is a 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 or CTE dual enrollment program and
transfers those credits to the postsecondary institution upon
completion of the CTE early/middle college or CTE dual enrollment
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 and CTE dual
enrollment programs shall be distributed as follows:
(a)
The department shall calculate determine
statewide average
CTE
costs per pupil for each CIP code program by dividing total
prior
year calculating statewide average
costs for each CIP code
program
by prior year pupils for each CIP code program.for the 3
most recent fiscal years.
(b) Distribution to each eligible CTE early/middle college or
CTE dual enrollment program shall be the product of 50% of CTE
costs per pupil times the current year pupil enrollment of each
eligible CTE early/middle college or CTE dual enrollment program.
(7) In order to receive funds under this section, a CTE
early/middle college or CTE dual enrollment 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) There is allocated from the funds under subsection (1) an
amount
not to exceed $500,000.00 each fiscal year for 2015-2016 and
for
2016-2017 for 2017-2018 for grants to intermediate districts or
consortia of intermediate districts for the purpose of planning for
new or expanded early middle college programs. Applications for
grants shall be submitted in a form and manner determined by the
department. The amount of a grant under this subsection shall not
exceed $50,000.00. To be eligible for a grant under this
subsection, an intermediate district or consortia of intermediate
districts must provide matching funds equal to the grant received
under this subsection. Notwithstanding section 17b, payments under
this subsection may be made as determined by the department.
(9) Funds distributed under this section may be used to fund
program expenditures that would otherwise be paid from foundation
allowances. A program receiving funding under section 61a may
receive funding under this section for allowable costs that exceed
the reimbursement the program received under section 61a. The
combined payments received by a program under section 61a and this
section shall not exceed the total allowable costs of the program.
A program provider shall not use more than 5% of the funds
allocated under this section to the program for administrative
costs.
(10) 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.
(11) If pupils enrolled in a career cluster in an eligible CTE
early/middle college or CTE dual enrollment 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.
(12)
It is the intent of the legislature to provide funds in
2017-2018
to reimburse districts with early/middle college programs
for
the added costs of providing both a high school diploma and an
associate's
degree, industry-recognized certification, up to 60
transferable
college credits, or participation in a registered
apprenticeship
in less than 5 years.
(12) (13)
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) "CIP" means classification of instructional programs.
(c) "CTE" means career and technical education programs.
(d) "CTE dual enrollment program" means a 4-year high school
program of postsecondary courses offered by eligible postsecondary
educational institutions that leads to an industry-recognized
certification or degree.
(e) "Early/middle college program" means a 5-year high school
program.
(f) "Eligible postsecondary educational institution" means
that term as defined in section 3 of the career and technical
preparation act, 2000 PA 258, MCL 388.1903.
(g) "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. 61c. (1) From the general fund appropriation in section
11,
there is allocated for 2016-2017 2017-2018 an amount not to
exceed
$3,000,000.00 $9,600,000.00
to career education planning
districts for the CTE skilled trades initiative under this section.
(2) To be eligible to receive funding under this section, each
CEPD shall apply in a form and manner determined by the department.
Funding to each CEPD shall be equal to the quotient of the
allocation under subsection (1) and the sum of the number of career
education planning districts applying for funding under this
section.
(3) The funding allocated to each CEPD shall be used to update
equipment
in current CTE programs that are supporting and driving
economic
development in their individual communities, or have 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, for training on new equipment, for
professional development relating to computer science or coding, or
for new and emerging certified CTE programs to allow CEPD
administrators to provide programming in communities that will
enhance economic development. The funding for equipment should be
used to support and enhance community areas that have sustained job
growth, and act as a commitment to build a more qualified and
skilled workforce. In addition, each CEPD is encouraged to explore
the option of leasing equipment from local private industry to
encourage the use of the most advanced equipment.
(4) The allocation of funds at the local level shall be
determined by CEPD administrators using data from the state,
region, and local sources to make well-informed decisions on
program equipment improvements. Grants awarded by CEPD
administrators for capital infrastructure shall be used to ensure
that CTE programs can deliver educational programs in high-wage,
high-skill, and high-demand occupations. Each CEPD shall continue
to ensure that program advisory boards make recommendations on
needed improvements for equipment that support job growth and job
skill development and retention for both the present and the
future.
(5) Not later than September 15 of each fiscal year, each CEPD
receiving funding under this section shall annually report to the
department, the senate and house appropriations subcommittees on
state school aid, and the senate and house fiscal agencies and
legislature on equipment purchased under this section. In addition,
the report shall identify growth data on program involvement,
retention, and development of student skills.
(6) In addition to the funds allocated From the allocation
under
subsection (1), from the funds appropriated under section 11,
there
is allocated for 2016-2017 2017-2018
an amount not to exceed
$200,000.00
$300,000.00 to a district with fewer than 1,200 pupils
in
membership to support a districts
for a competitive grant to
mechatronics
program programs that operated in 2015-2016 2016-2017
for
updating mechatronics program equipment. To be eligible to
receive
a grant under this subsection, a program shall be a
flexible
learning program that offered in 2015-2016 both classroom
and
hands-on training in mechatronics in at least 2 sites.
(7) As used in this section, "CEPD" means a career education
planning district described in this section.
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 each fiscal year for 2015-
2016
and for 2016-2017 and for 2017-2018 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 2014-2015 shall
be
made in 2015-2016 at an amount per 2014-2015 membership pupil
computed
by subtracting from $192,200.00 the 2014-2015 taxable
value
behind each membership pupil and multiplying the resulting
difference
by the 2014-2015 millage levied.
(3) (4)
Reimbursement for the millages
levied in 2015-2016
shall be made in 2016-2017 at an amount per 2015-2016 membership
pupil
computed by subtracting from $196,300.00 $198,100.00 the
2015-2016 taxable value behind each membership pupil and
multiplying the resulting difference by the 2015-2016 millage
levied.
(4) Reimbursement for those millages levied in 2016-2017 shall
be made in 2017-2018 at an amount per 2016-2017 membership pupil
computed by subtracting from $199,000.00 the 2016-2017 taxable
value behind each membership pupil and multiplying the resulting
difference by the 2016-2017 millage levied, and then subtracting
from that amount the 2016-2017 local community stabilization share
revenue for area vocational technical education behind each
membership pupil for reimbursement of personal property exemption
loss under the local community stabilization authority act, 2014 PA
86, MCL 123.1341 to 123.1362.
(5) The amount paid to a single intermediate district under
this section shall not exceed 38.4% of the total amount allocated
under subsection (2).
(6) 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 each fiscal year
for
2015-2016 and for 2016-2017 for
2017-2018 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 a 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 2015-2016
or
2016-2017 current school year, as applicable, 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 2015-2016 or 2016-2017 current school year. ,
as
applicable.
(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. 64d. (1) From the general fund appropriation under
section 11, there is allocated an amount not to exceed
$1,000,000.00 for 2017-2018 for a competitive grant to provide
information technology education opportunities to students
attending schools operating grades K-12, career and technical
centers and career academies, and community colleges and
universities. It is the intent of the legislature that 2017-2018 is
the first of 3 years of funding for the competitive grant program.
Funds allocated under this section shall be used for instruction in
information technology skills and competencies that are essential
for the workplace and requested by employers and shall allow
participating students and faculties to secure broad-based
information technology certifications and, if applicable, college
credit.
(2) The department shall select a provider using a competitive
request for proposals process. Proposals submitted under this
subsection shall include at least the following components:
(a) Research- and skill-development-based and information
technology curriculum.
(b) Online access to the curriculum.
(c) Instructional software for classroom and student use.
(d) A program that includes coding curriculum and material
that are aligned to the CS AP exam and grants a certificate upon
completion of the program.
(e) Components for all grade levels on computational thinking
skills development using the latest gaming software.
(f) A process for students to obtain certifications of skills
and competencies in a broad base of information technology-related
skill areas.
(g) Professional development for faculty.
(h) Implementation and program support, including, but not
limited to, integration with current curriculum standards.
(i) Methods for students to earn college credit.
(3) The department shall give priority to proposals by
providers that have previously demonstrated success in this state
in providing high-quality information technology education
opportunities to students.
(4) The funds allocated under this section for 2017-2018 are a
work project appropriation, and any unexpended funds for 2017-2018
are to be carried forward into 2018-2019. The purpose of the work
project is to continue to provide information technology education
opportunities described in this section. The estimated completion
date of the work project is September 30, 2020.
Sec. 65. (1) From the general fund money appropriated under
section 11, there is allocated an amount not to exceed $340,000.00
for
2016-2017 2017-2018 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
$3,050,000.00
for 2016-2017 $3,000,000.00 for
2017-2018 for college
and
career preparation activities. access
programs. 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 allocated
under this section 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 $50,000.00 shall be used for an 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.
(3) (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. 67a. (1) From the general fund money appropriated in
section 11, there is allocated for 2017-2018 an amount not to
exceed $1,000,000.00 to expand an eligible web-based career
preparation and readiness platform to prosperity regions beyond
where the platform is currently being utilized.
(2) In order to be eligible for funding under this section, a
career preparation and readiness platform shall meet all of the
following:
(a) Has a partnership with intermediate districts, community
colleges, workforce development agencies, and community employers.
(b) Assesses student skills, abilities, and preferences to
match them with careers of interest.
(c) Allows students to explore careers with access to more
than 600 career profiles, including, but not limited to, career
descriptions, education and training requirements, and earning
information.
(d) Connects with local companies through company profiles
that include, but are not limited to, description, location, career
opportunities, and work-based learning activities.
(e) Allows students to experience careers firsthand by
searching for job shadowing, mock interviews, company tours,
company events, and internship opportunities offered by employers
in a student's area.
(f) Provides students with step-by-step help to develop a job
search plan, write a resume and cover letter, and prepare for job
interviews.
(g) Provides students with an understanding of the education
and training required for a particular career, a comparison of
school data and profiles, and access to college preparation,
scholarship, and financial aid information.
(3) Notwithstanding section 17b, payments under this section
shall be paid on a schedule determined by the department.
Sec. 74. (1) From the amount appropriated in section 11, there
is
allocated an amount not to exceed $3,320,600.00 for 2016-2017
$3,730,300.00 for 2017-2018 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
2016-2017 2017-2018 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 $1,695,600.00 for 2016-2017
$1,705,300.00 for 2017-2018 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. 81. (1) From the appropriation in section 11, there is
allocated
for 2016-2017 2017-2018 to the intermediate districts the
sum necessary, but not to exceed $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
2016-2017 an amount not to exceed $67,108,000.00 for
allocations
The amount allocated under
this section to each
intermediate
district in is an amount equal to 100% of the amount
allocated
to the intermediate district under this subsection for
2015-2016.
section for 2016-2017. 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)
this section, shall collaborate with the department to develop
expanded professional development opportunities for teachers to
update and expand their knowledge and skills needed to support the
Michigan merit 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.
(5)
In order to receive funding under subsection (2), this
section, 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.
Sec. 94. (1) From the general fund appropriation in section
11,
there is allocated to the department for 2016-2017 2017-2018 an
amount
not to exceed $250,000.00 $750,000.00
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 and international baccalaureate registration fees for low-
income pupils who take an advanced placement or an international
baccalaureate test. Payments shall not exceed $20.00 per test
completed or $150.00 per international baccalaureate registration
fees per pupil registered.
(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, or under a corresponding provision of the every
student succeeds act, Public Law 114-95.
(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 hubs 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 $12,173,200.00 for 2016-2017
$10,173,200.00 for 2016-2017 and an amount not to exceed
$16,216,000.00 for 2017-2018 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 each fiscal year for 2016-2017 and for 2017-2018
the amount necessary, estimated at $193,500.00, to support the
operations of the center and to establish a P-20 longitudinal data
system 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), the center may
use an amount determined by the center for competitive grants for
2016-2017
2017-2018 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.
(b) "State education agency" means the department.
Sec. 95b. (1) From the general fund appropriation under
section 11, there is allocated to the department an amount not to
exceed $2,500,000.00 for 2017-2018 for the department to adopt a
model value-added growth and projection analytics system and to
incorporate that model into its reporting requirements under the
every student succeeds act, Public Law 114-95. The adopted model
shall do at least all of the following:
(a) Utilize existing assessments and any future assessments
that are suitable for measuring student growth.
(b) Report student growth measures at the district, school,
teacher, and subgroup levels.
(c) Recognize the growth of tested students, including those
who may have missing assessment data.
(d) Include all available prior standardized assessment data
that meet inclusion criteria across grades, subjects, and state and
local assessments.
(e) Allow student growth results to be disaggregated.
(f) Provide individual student projections showing the
probability of a student reaching specific performance levels on
future assessments.
(g) Demonstrate any prior success with this state's
assessments through the Michigan council of educator effectiveness
teacher evaluation pilot.
(2) The department shall provide internet-based electronic
student growth and projection reporting based on the model adopted
under subsection (1) to educators at the school, district, and
state levels. The model shall include role-based permissions that
allow educators to access information about the performance of the
students within their immediate responsibility in accordance with
applicable privacy laws.
(3) The model adopted under subsection (1) must not be a
mandatory part of teacher evaluation or educator pay-for-
performance systems.
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 2016-2017 2017-2018 for the purposes described in
this section. The Michigan Virtual University shall provide a
report
to the legislature not later than November 1, 2016 2017 that
includes its mission, its plans, and proposed benchmarks it must
meet, which shall include a plan to achieve a 50% increase in
documented improvement in each requirement of the Michigan Virtual
Learning Research Institute and Michigan Virtual School, and all
other organizational priorities identified in this section, in
order
to receive full funding for 2017-2018. 2018-2019. Not later
than
March 1, 2017, 2018, the Michigan Virtual University shall
provide an update to the house and senate appropriations
subcommittees on school aid to show the progress being made to meet
the benchmarks identified.
(2) The Michigan Virtual University shall operate the Michigan
Virtual Learning Research Institute. The Michigan Virtual Learning
Research Institute shall do all of the following:
(a) Support and accelerate innovation in education through the
following activities:
(i) Test, evaluate, and recommend as appropriate new
technology-based instructional tools and resources.
(ii) Research, design, and recommend virtual 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 virtual 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 virtual course providers
operating in this state, analyze the effectiveness of virtual
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, the department, districts, and
intermediate
districts not later than March 31, 2017.2018.
(v) Before August 31, 2017, provide Provide an
extensive
professional development program to at least 30,000 educational
personnel, including teachers, school administrators, and school
board members, that focuses on the effective integration of virtual
learning into curricula and instruction. The Michigan Virtual
Learning Research Institute is encouraged to work with the MiSTEM
advisory council created under section 99s to coordinate
professional development of teachers in applicable fields. In
addition, the Michigan Virtual Learning Research Institute and
external stakeholders are encouraged to coordinate with the
department for professional development in this state. Not later
than
December 1, 2017, 2018, the Michigan Virtual Learning Research
Institute shall submit a report to the house and senate
appropriations subcommittees on state school aid, the state budget
director, the house and senate fiscal agencies, and the department
on the number and percentage of teachers, school administrators,
and school board members who have received professional development
services from the Michigan Virtual University. The report shall
also identify barriers and other opportunities to encourage the
adoption of virtual learning in the public education system.
(vi) Identify and share best practices for planning,
implementing, and evaluating virtual 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 virtual
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
virtual learning in this state's schools.
(ii) Provide a clearinghouse for research reports, academic
studies, evaluations, and other information related to virtual
learning.
(iii) Promote and distribute the most current instructional
design standards and guidelines for virtual teaching.
(iv) In collaboration with the department and interested
colleges and universities in this state, support implementation and
improvements related to effective virtual learning instruction.
(v) Pursue public/private partnerships that include districts
to study and implement competency-based technology-rich virtual
learning models.
(vi) Create a statewide network of school-based mentors
serving as liaisons between pupils, virtual instructors, parents,
and school staff, as provided by the department or the center, and
provide mentors with research-based training and technical
assistance designed to help more pupils be successful virtual
learners.
(vii) Convene focus groups and conduct annual surveys of
teachers, administrators, pupils, parents, and others to identify
barriers and opportunities related to virtual learning.
(viii) Produce an annual consumer awareness report for schools
and parents about effective virtual education providers and
education delivery models, performance data, cost structures, and
research trends.
(ix) 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
virtual resources that align to Michigan's K-12 curriculum
standards for use by students, educators, and parents.
(x) Create and maintain a public statewide catalog of virtual
learning courses being offered by all public schools and community
colleges in this state. The Michigan Virtual Learning Research
Institute shall identify and develop a list of nationally
recognized best practices for virtual learning and use this list to
support reviews of virtual course vendors, courses, and
instructional practices. The Michigan Virtual Learning Research
Institute shall also provide a mechanism for intermediate districts
to use the identified best practices to review content offered by
constituent districts. The Michigan Virtual Learning Research
Institute shall review the virtual course offerings of the Michigan
Virtual University, and make the results from these reviews
available to the public as part of the statewide catalog. The
Michigan Virtual Learning Research Institute shall ensure that the
statewide catalog is made available to the public on the Michigan
Virtual University website and shall allow the ability to link it
to each district's website as provided for in section 21f. The
statewide catalog shall also contain all of the following:
(A) The number of enrollments in each virtual course in the
immediately preceding school year.
(B) The number of enrollments that earned 60% or more of the
total course points for each virtual course in the immediately
preceding school year.
(C) The completion rate for each virtual course.
(xi) 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) Collaborate with key stakeholders to examine district
level accountability and teacher effectiveness issues related to
virtual learning under section 21f and make findings and
recommendations publicly available.
(xiii) Provide a report on the activities of the Michigan
Virtual Learning Research Institute.
(3) To further enhance its expertise and leadership in virtual
learning, the Michigan Virtual University shall continue to operate
the Michigan Virtual School as a statewide laboratory and quality
model of instruction by implementing virtual and blended learning
solutions for Michigan schools in accordance with the following
parameters:
(a) The Michigan 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 virtual courses.
(c) In providing educators responsible for the teaching of
virtual 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) From the funds allocated under subsection (1), the
Michigan Virtual University shall allocate up to $500,000.00 to
support the expansion of new online and blended educator
professional development programs.
(5) (4)
If the course offerings are
included in the statewide
catalog
of virtual courses under subsection (2)(b)(ix), (2)(b)(x),
the Michigan Virtual School operated by the Michigan Virtual
University may offer virtual 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) High school equivalency 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.
(6) (5)
If a home-schooled or nonpublic
school student is a
resident of a district that subscribes to services provided by the
Michigan Virtual School, the student may use the services provided
by the Michigan Virtual School to the district without charge to
the student beyond what is charged to a district pupil using the
same services.
(7) (6)
Not later than December 1 of each
fiscal year, the
Michigan Virtual University shall provide a report to the house and
senate appropriations subcommittees on state school aid, the state
budget director, the house and senate fiscal agencies, and the
department that includes at least all of the following information
related to the Michigan Virtual School for the preceding state
fiscal year:
(a) A list of the districts served by the Michigan Virtual
School.
(b) A list of virtual course titles available to districts.
(c) The total number of virtual course enrollments and
information on registrations and completions by course.
(d) The overall course completion rate percentage.
(8) (7)
In addition to the information
listed in subsection
(6),
(7), the report under subsection (6) (7) shall
also include a
plan to serve at least 600 schools with courses from the Michigan
Virtual School or with content available through the internet-based
platform identified in subsection (2)(b)(ix).
(9) (8)
The governor may appoint an
advisory group for the
Michigan Virtual Learning Research Institute established under
subsection (2). The members of the advisory group shall serve at
the pleasure of the governor and shall serve without compensation.
The purpose of the advisory group is to make recommendations to the
governor, the legislature, and the president and board of the
Michigan Virtual University that will accelerate innovation in this
state's education system in a manner that will prepare elementary
and secondary students to be career and college ready and that will
promote the goal of increasing the percentage of citizens of this
state with high-quality degrees and credentials to at least 60% by
2025.
(10) (9)
Not later than November 1, 2016,
2017, the Michigan
Virtual University shall submit to the house and senate
appropriations subcommittees on state school aid, the state budget
director, and the house and senate fiscal agencies a detailed
budget
for the 2016-2017 2017-2018
fiscal year that includes a
breakdown on its projected costs to deliver virtual educational
services to districts and a summary of the anticipated fees to be
paid by districts for those services. Not later than March 1 each
year, the Michigan Virtual University shall submit to the house and
senate appropriations subcommittees on state school aid, the state
budget director, and the house and senate fiscal agencies a
breakdown on its actual costs to deliver virtual 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.
(11) (10)
As used in this section:
(a) "Blended learning" means a hybrid instructional delivery
model where pupils are provided content, instruction, and
assessment, in part at a supervised educational facility away from
home where the pupil and a teacher with a valid Michigan teaching
certificate are in the same physical location and in part through
internet-connected learning environments with some degree of pupil
control over time, location, and pace of instruction.
(b) "Cyber school" means a full-time instructional program of
virtual courses for pupils that may or may not require attendance
at a physical school location.
(c) "Virtual course" means a course of study that is capable
of generating a credit or a grade and that is provided in an
interactive learning environment in which the majority of the
curriculum is delivered using the internet and in which pupils are
separated from their instructor or teacher of record by time or
location, or both.
Sec. 99c. From the appropriation in section 11, there is
allocated from the general fund an amount not to exceed $60,000.00
each fiscal year for 2016-2017 and for 2017-2018 for the purpose of
civic education as described in this section. The department shall
award funding to a provider that received a grant under this
section as it was in effect for 2015-2016 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 provider 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 state school aid fund appropriation in
section 11, there is allocated an amount not to exceed
$2,500,000.00
for 2016-2017 2017-2018 for competitive grants to
districts, and from the general fund appropriation in section 11,
there is allocated an amount not to exceed $300,000.00 for 2017-
2018 for competitive grants to nonpublic schools, that provide
pupils in grades K 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, including JR FIRST Lego League, FIRST Lego
League, FIRST tech challenge, and FIRST Robotics competition.
Programs funded under this section are intended to increase the
number of pupils demonstrating proficiency in science and
mathematics on the state assessments and to increase the number of
pupils who are college- and career-ready upon high school
graduation. Notwithstanding section 17b, grant payments to
districts and nonpublic schools under this section shall be paid on
a schedule determined by the department. The department shall set
maximum grant awards for each different level of competition in a
manner that both maximizes the number of teams that will be able to
receive funds and expands the geographical distribution of teams.
(2) A district or nonpublic school applying for a grant under
this section shall submit an application in a form and manner
determined by the department. To be eligible for a grant, a
district or nonpublic school shall demonstrate in its application
that the district or nonpublic school has established a partnership
for the purposes of the FIRST Robotics 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 or nonpublic schools to pay for
stipends not to exceed $1,500.00 for 1 coach per team.
(b) Grants to districts or nonpublic schools for event
registrations, materials, travel costs, and other expenses
associated with the preparation for and attendance at FIRST
Robotics events and 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.
(c) Grants to districts or nonpublic schools 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 2016-2017 are carried
forward
into 2017-2018. 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,
2019.
(4) A nonpublic school that receives a grant under this
section may use the funds for either FIRST Robotics or Science
Olympiad programs.
Sec. 99k. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $500,000.00 for 2017-2018 for
competitive grants to districts that provide pupils in grades 6 to
12 with expanded opportunities to improve computer science skills
by participating in cybersecurity competitive events hosted by
Merit Network, Incorporated, known as Michigan High School Cyber
Challenge, or hosted by the Air Force Association, known as
Cyberpatriot. Programs funded under this section are intended to
increase the number of pupils demonstrating proficiency in science
and mathematics on state assessments and to increase the number of
pupils who are college- and career-ready upon high school
graduation. Notwithstanding section 17b, grant payments to
districts under this section shall be paid on a schedule determined
by the department. The department shall set maximum grant awards
for each competition in a manner that both maximizes the number of
teams that will be able to receive funds and the geographical
distribution of teams.
(2) A district applying for a grant under this section 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 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 selected
cybersecurity program.
(3) The department shall distribute the grant funding under
this section for the following purposes:
(a) Grants to districts to pay for stipends not to exceed
$1,500.00 for 1 coach or mentor per team.
(b) Grants to districts for event registrations, materials,
travel costs, and other expenses associated with the preparation
for and attendance at events and 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.
(c) Grants to districts for awards to teams that advance to
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 for the selected
cybersecurity program.
(4) The funds allocated under this section are a work project
appropriation, and any unexpended funds for 2017-2018 are carried
forward into 2018-2019. 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,
2020.
Sec. 99r. (1) From the general fund appropriation under
section 11, there is allocated for 2016-2017 an amount not to
exceed $75,000.00, and there is allocated for 2017-2018 an amount
not to exceed $250,000.00, to support the creation of the MiSTEM
network.
(2) From the general fund allocation under this section, there
is allocated for 2016-2017 an amount not to exceed $75,000.00 to
the department of technology, management, and budget to support the
functions of a transitional executive director and executive
assistant for the MiSTEM network. The department of technology,
management, and budget shall work with the Michigan Mathematics and
Science Centers Network and the MiSTEM council to hire the
transitional executive director and executive assistant. The
transitional executive director and executive assistant shall work
with the president and executive director of the Michigan
Mathematics and Science Centers Network and the chairperson and
vice-chairperson of the MiSTEM council. The transitional executive
director and executive assistant shall do all of the following:
(a) Develop a plan for the creation of MiSTEM network regions
that does all of the following:
(i) Creates a structured relationship between the MiSTEM
council, MiSTEM network executive director and executive assistant,
and MiSTEM network region staff that ensures services to all
regions and local communities in each region.
(ii) Empowers the MiSTEM network regions in a manner that
creates a robust statewide STEM culture, empowers STEM teachers,
integrates business and education into the MiSTEM network, and
ensures high-quality and equitable distribution of STEM experiences
for pupils.
(iii) Identifies region boundaries throughout the state and
identifies fiscal agents within those regions.
(iv) Identifies MiSTEM state and regional goals and objectives
and processes by which goals and objectives shall be measured.
(v) Includes processes by which the MiSTEM network regions
apply for MiSTEM grants, provide feedback on grant-funded
programming, share best practices, and create regional master
plans.
(vi) Creates a marketing campaign, including, at least, an
online presence which includes dashboards of outcomes for the
MiSTEM network.
(b) Form a committee for the purpose of identifying each
MiSTEM network region and selecting a fiscal agent and determining
staffing for that region. Fiscal agents shall be an intermediate
district within the region, a university within the region, or
another organization that served as fiscal agent within the
Michigan Mathematics and Science Centers Network. Agencies
interested in serving as the region's fiscal agent shall be
included on this committee. The committee shall also include
representatives of the general education leadership network and the
governor's talent investment board, in addition to the math and
science centers and MiSTEM council. The committee shall identify
necessary staffing levels and locations of staff and determine
processes by which the entire region will receive and share
services. All fiscal agents for the Michigan Mathematics and
Science Centers Network are required to maintain current levels of
effort for the MiSTEM network as for the Michigan Mathematics and
Science Centers Network.
(c) Distribute and monitor MiSTEM grants during the creation
of the MiSTEM network. The monitoring of the grants shall include
conducting reviews of recipients and the experiences and feedback
of pupils.
(d) Report to the governor and the legislature on the
development of the MiSTEM network.
(e) Submit the plan developed under subdivision (a) to the
governor and the legislature on or before December 1, 2017.
(f) Hire all MiSTEM network staff between January 1, 2018 and
April 1, 2018. However, if a MiSTEM network will employ Michigan
Mathematics and Science Centers Network staff, those staff may be
hired after April 1, 2018.
(3) From the general fund allocation under this section, there
is allocated for 2017-2018 an amount not to exceed $250,000.00 to
support a permanent executive director and an executive assistant
for the MiSTEM network. After the creation of the MiSTEM network
region, the transitional executive director funded under subsection
(2) may be appointed as the permanent executive director, or a new
permanent executive director may be hired. The permanent executive
director and executive assistant shall do all of the following:
(a) Serve as a liaison among and between the department, the
department of technology, management, and budget, the MiSTEM
advisory council, and the regional MiSTEM centers in a manner that
creates a robust statewide STEM culture, that empowers STEM
teachers, that integrates business and education into the STEM
network, and that ensures high-quality STEM experiences for pupils.
(b) Coordinate the implementation of a marketing campaign,
including, but not limited to, a website that includes dashboards
of outcomes, to build STEM awareness and communicate STEM needs and
opportunities to pupils, parents, educators, and the business
community.
(c) Award and monitor MiSTEM state and federal grants to the
MiSTEM network regions and conduct reviews of grant recipients,
including, but not limited to, pupil experience and feedback.
(d) Report to the governor, the legislature, and the MiSTEM
advisory council annually on the activities and performance of the
MiSTEM network regions.
(e) Coordinate recurring discussions and work with regional
staff to ensure that a network or loop of feedback and best
practices are shared, including funding, programming, professional
learning opportunities, discussion of MiSTEM strategic vision, and
regional objectives.
(f) Coordinate major grant application efforts with the MiSTEM
advisory council to assist regional staff with grant applications
on a local level. The MiSTEM advisory council shall leverage
private and nonprofit relationships to coordinate and align private
funds in addition to funds appropriated under this section.
(g) Train state and regional staff in the STEMWorks rating
system.
Sec. 99s. (1) From the funds appropriated under section 11,
there is allocated for 2016-2017 2017-2018 an amount not to exceed
$3,000,000.00 $6,234,300.00 from the state
school aid fund
appropriation and an amount not to exceed $1,300,000.00
$1,600,000.00 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 2016-2017 2017-2018 an amount
estimated at $5,249,300.00 $4,700,000.00 from DED-OESE, title II,
mathematics and science partnership grants. Programs funded under
this section are intended to increase the number of pupils
demonstrating proficiency in science and mathematics on the state
assessments and to increase the number of pupils who are college-
and career-ready upon high school graduation. Notwithstanding
section 17b, payments under this section shall be paid on a
schedule determined by the department.
(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, training, 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 to 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 annually
shall recommend
review and make recommendations to the governor, the legislature,
and
the department a concerning
changes to the statewide strategy
adopted by the council for delivering STEM education-related
opportunities
to pupils. and objective criteria for determining
preferred
STEM programs. The MiSTEM advisory
council shall use
funds
received under this subsection to purchase training for
ensure
that its members or their designees from
are trained in the
Change the Equation STEMworks rating system program for the purpose
of rating STEM programs.
(e)
Not later than October 15 of each fiscal year, the MiSTEM
advisory
council shall provide STEM quality ratings for programs
recommended
for funding under subsection (3). The
MiSTEM advisory
council shall make specific funding recommendations for the funds
allocated under subsection (3) by December 15 of each fiscal year.
The
amount of each grant recommended shall not exceed $250,000.00.
$100,000.00. Each specific funding recommendation shall be for a
program approved by the MiSTEM advisory council. To be eligible for
MiSTEM advisory council approval, a program must satisfy all of the
following:
(i) Align with this state's academic standards.
(ii) Have STEMWorks certification.
(iii) Provide project-based experiential learning, student
programming, or educator professional learning experiences.
(iv) Focus predominantly on classroom-based STEM experiences
or professional learning experiences.
(f) The MiSTEM advisory council shall approve programs that
include a diverse array of options for students and educators and
at least 1 program in each of the following areas:
(i) Robotics.
(ii) Computer science or coding.
(iii) Engineering or bioscience.
(g) The MiSTEM advisory council is encouraged to work with the
MiSTEM Network regions to develop locally and regionally developed
programs and professional development experiences for the programs
on the list of approved programs.
(h) (f)
If the MiSTEM advisory council is
unable to make
specific funding recommendations by December 15 of a fiscal year,
the department of technology, management, and budget shall award
and the department shall distribute the funds allocated under
subsection (3) on a competitive grant basis that at least follows
the
quality guidelines and priority areas statewide STEM strategy
plan and rating system recommended by the MiSTEM advisory council.
Each
grant shall not exceed $250,000.00 $100,000.00 and must
provide STEM education-related opportunities for pupils.
(i) (g)
The MiSTEM advisory council shall
work with directors
of
mathematics and science centers the
executive director of the
MiSTEM
network funded under subsection (4) section 99r to connect
educators
with businesses, workforce developers, economic
developers,
community colleges, and universities.implement the
statewide STEM strategy adopted by the MiSTEM advisory council.
(3)
From the general state school
aid fund money allocated
under
subsection (1), there is allocated for 2016-2017 2017-2018 an
amount
not to exceed $1,000,000.00 $2,850,000.00
for the purpose of
funding
programs under this section for 2016-2017, 2017-2018, as
recommended by the MiSTEM advisory council.
(4) From the state school aid fund allocation under subsection
(1),
there is allocated for 2016-2017 2017-2018 an amount not to
exceed
$2,750,000.00 $3,299,300.00
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
2016-2017 2017-2018 an amount estimated at $5,249,300.00
$4,700,000.00 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 2016-2017, 2017-2018,
each established
mathematics and science center 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 2016-2017 2017-2018
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) It is the intent of the legislature that the funding
allocated under this subsection represents the final year of
funding for mathematics and science centers and that mathematics
and science centers shall not be funded in 2018-2019.
(5) From the funds allocated under subsection (1), there is
allocated an amount not to exceed $85,000.00 to the Michigan
Mathematics and Science Centers Network to reimburse intermediate
school districts for transition costs incurred as the centers
transition to MiSTEM network regions.
(6) From the general fund allocation under subsection (1),
there is allocated an amount not to exceed $1,400,000.00 to the
MiSTEM network regions. For 2017-2018, each established MiSTEM
network region shall receive funding under this subsection in an
amount equal to 50% of the state funding amount allocated for 2017-
2018 to the mathematics and science centers located within that
region to allow the MiSTEM network region to begin operating by
April 1, 2018. For former mathematics and science centers with
territory in more than 1 MiSTEM network region, the amount
allocated shall be divided proportionally.
(7) A MiSTEM network region shall do all of the following:
(a) Collaborate with the talent district career council that
is located in the prosperity region to develop a regional strategic
plan for STEM education that creates a robust regional STEM
culture, that empowers STEM teachers, that integrates business and
education into the STEM network, and that ensures high-quality STEM
experiences for pupils. At a minimum, a regional STEM strategic
plan should do all of the following:
(i) Identify regional employer need for STEM.
(ii) Identify processes for regional employers and educators
to create guided pathways for STEM careers that include internships
or externships, apprenticeships, and other experiential engagements
for pupils.
(iii) Identify educator professional development
opportunities, including internships or externships and
apprenticeships, that integrate this state's science content
standards into high-quality STEM experiences that engage pupils.
(b) Facilitate regional STEM events such as educator and
employer networking and STEM career fairs to raise STEM awareness.
(c) Contribute to the MiSTEM website and engage in other
MiSTEM network functions to further the mission of STEM in this
state in coordination with the MiSTEM advisory council and its
executive director.
(d) Facilitate application and implementation of state and
federal funds under this subsection and any other grants or funds
for the MiSTEM network region.
(e) Work with districts to provide STEM programming and
professional development.
(f) Coordinate recurring discussions and work with the talent
district career council to ensure that feedback and best practices
are being shared, including funding, program, professional learning
opportunities, and regional strategic plans.
(8) (f)
In order to receive state or
federal funds under this
subsection (4) or (6), 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, 2017, the department shall
work
with the MiSTEM advisory council to revise the comprehensive
master
plan described in subdivision (a) to ensure that the
comprehensive
master plan is in compliance with the statewide
strategy
developed by the council under subsection (2)(d). The
comprehensive
master plan shall include a review of the feasibility
of
consolidating and reducing the number of mathematics and science
centers.
(h)
The department shall give preference in awarding the
federal
grants allocated under this subsection to eligible existing
mathematics
and science centers.
(9) (i)
In order to receive state funds
under this subsection
(4) or (6), a grant recipient shall provide at least a 10% local
match from local public or private resources for the funds received
under this subsection.
(10) (j)
Not later than July 1, 2019 and July 1 of each year
thereafter, a mathematics and science center MiSTEM network region
that
receives funds under this subsection (6) shall report to the
department
executive director of the
MiSTEM network 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.executive director
on performance measures developed by the MiSTEM network regions and
approved by the executive director. The performance measures shall
be designed to ensure that the activities of the MiSTEM network are
improving student academic outcomes.
(11) Not more than 5% of a MiSTEM network region grant under
subsection (6) may be retained by a fiscal agent for serving as the
fiscal agent of a MiSTEM network region.
(12) (k)
As used in this subsection:section:
(a) (i) "DED"
means the United States Department of Education.
(b) (ii) "DED-OESE"
means the DED Office of Elementary and
Secondary Education.
(c) "STEM" means science, technology, engineering, and
mathematics delivered in an integrated fashion using cross-
disciplinary learning experiences that can include language arts,
performing and fine arts, and career and technical education.
(d) "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.
(5)
From the allocations under subsection (1), there is
allocated
an amount not to exceed $250,000.00 for 2016-2017 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, 2016. The department
shall
select districts for grants and make notification not later
than
December 15, 2016. 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 per new
elementary
team.
(ii) Grants to districts of up to $400.00 per
established
elementary
team.
(iii) Grants to districts of up to $1,600.00 per new
secondary
team.
(iv) Grants to districts of up to $800.00 per
established
secondary
team.
(13) (6)
From the general fund allocation
under subsection
(1),
there is allocated an amount not to exceed $250,000.00
$150,000.00
for 2016-2017 2017-2018 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.
(14) Not later than January 1, 2019, the executive director of
the MiSTEM centers network shall report to the house and senate
appropriations subcommittees on school aid and the house and senate
fiscal agencies on the number of male and female MiSTEM center
program participants and the steps, if any, that the MiSTEM centers
are taking to reduce any disparity between the number of male and
female participants.
Sec. 99t. (1) From the general fund appropriation under
section 11, there is allocated an amount not to exceed
$1,500,000.00
for 2016-2017 $1,100,000.00
for 2017-2018 to purchase
statewide access to an online algebra tool that meets all of the
following:
(a) Provides students statewide with complete access to videos
aligned with state standards including study guides and workbooks
that are aligned with the videos.
(b) Provides students statewide with access to a personalized
online algebra learning tool including adaptive diagnostics.
(c) Provides students statewide with dynamic algebra practice
assessments that emulate the state assessment with immediate
feedback and help solving problems.
(d) Provides students statewide with online access to algebra
help 24 hours a day and 7 days a week from study experts, teachers,
and peers on a moderated social networking platform.
(e) Provides an online algebra professional development
network for teachers.
(f) Is already provided under a statewide contract in at least
1 other state that has a population of at least 18,000,000 but not
more than 19,000,000 according to the most recent decennial census
and is offered in that state in partnership with a public
university.
(2)
The department shall choose purchase
the online algebra
tool
by October 1, 2016.that
was chosen under this section in 2016-
2017.
Sec. 99u. From the general fund appropriation under section
11, there is allocated for 2017-2018 an amount not to exceed
$1,000,000.00 to purchase statewide access to an online mathematics
tool that meets all of the following:
(a) Provides students statewide with complete access to
mathematics support aligned with state standards through a program
that has all of the following elements:
(i) Student motivation.
(ii) Valid and reliable assessments.
(iii) Personalized learning pathways.
(iv) Highly qualified, live teachers available all day and all
year.
(v) Twenty-four-hour reporting.
(vi) Content built for rigorous mathematics.
(b) Has a record of improving student mathematics scores in at
least 5 other states.
Sec. 102d. (1) From the funds appropriated in section 11,
there
is allocated an amount not to exceed $1,500,000.00 for 2016-
2017
2017-2018 for reimbursements to districts and intermediate
districts for the licensing of school data analytical tools as
described under this section. The reimbursement is for districts
and intermediate districts that choose to use a school data
analytical tool to assist the district or intermediate 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). Funds
allocated under this section are intended to provide districts and
intermediate districts with financial forecasting and transparency
reporting tools to help improve the financial health of districts
and to improve communication with the public, resulting in
increased fund balances for districts and intermediate districts.
(2)
Not later than October 15, 2016, 2017, the department of
technology, management, and budget shall review vendors for school
data analytical tools and provide districts and intermediate
districts with a list of up to 2 approved vendors that districts
and intermediate districts may use to be eligible for a
reimbursement paid under this section. In addition, a vendor
approved
under this section for 2015-2016 2016-2017 is considered
to be approved for use by a district or intermediate district and
for
reimbursement for 2016-2017. 2017-2018.
An approved school data
analytical tool supplied by the vendor must meet 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 and intermediate districts as a reimbursement for already
having a licensing agreement or for entering into a licensing
agreement
not later than December 1, 2016 2017
with a vendor
approved under subsection (2) to implement a school data analytical
tool. Reimbursement will be prorated for the portion of the state
fiscal year not covered by the licensing agreement. However, a
licensing
agreement that takes effect after October 1, 2016 2017
and
before December 1, 2016 2017
will not be prorated if the term
of the agreement is at least 1 year. Reimbursement under this
section shall be made as follows:
(a) All districts and intermediate districts seeking
reimbursement
shall submit requests not later than December 1, 2016
2017 indicating the cost paid for the financial data analytical
tool.
(b) The department shall determine the sum of the funding
requests under subdivision (a) and, if there are sufficient funds,
shall pay 1/2 of the costs submitted under subdivision (a). If
there are insufficient funds to pay 1/2 of the costs submitted
under (a), then reimbursement shall be made on an equal percentage
basis.
(c) Funds remaining after the calculation and payment under
subdivision (b) shall be distributed on an equal per-pupil basis,
with an intermediate district's pupils considered to be the sum of
the pupil memberships of the constituent districts for which the
intermediate district is purchasing the financial data analytical
tool.
(d) The reimbursement to a district or intermediate district
shall not be greater than the amount paid for a data analytics
application.
(e) A district or intermediate district shall not be
reimbursed for the purchase of more than 1 software application.
(4) If an intermediate district purchases both a school data
analytical tool specifically for intermediate district finances and
a school data analytical tool for those constituent districts that
opt in, the intermediate district shall be reimbursed for both
purchases under this section.
(5) If an intermediate district makes available to 1 or more
of its constituent districts a school data analytical tool funded
under this section, that constituent district shall not be
reimbursed under this section for the purchase of that school data
analytical tool if the constituent district has opted in for that
tool.
(6) (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 2016-2017 2017-2018
an amount not to exceed
$33,894,400.00
$34,709,400.00 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 2016-2017 2017-2018
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, or the every student succeeds act, Public
Law 114-95.
(2) The results of each test administered as part of the
Michigan 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. The department shall work with the center to identify the
number of students enrolled at the time assessments are given by
each district. In calculating the percentage of pupils assessed for
a district's scorecard, the department shall use only the number of
pupils enrolled in the district at the time the district
administers the assessments and shall exclude pupils who enroll in
the district after the district administers the assessments.
(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)
From the allocation in subsection (1), there is allocated
an
amount not to exceed $185,000.00 for the implementation of a
kindergarten
readiness assessment pilot project in 2016-2017. The
funding
would be allocated to an intermediate district located in a
prosperity
region with 2 or more subregions to participate in the
Maryland-Ohio
pilot and cover the cost of a contract with a
university
for implementation of version 1.75 of the kindergarten
readiness
assessment tool. The kindergarten readiness assessment
pilot
shall assess an estimated 4,000 children, and the designated
intermediate
district shall work with other intermediate districts
to
implement the pilot project, engage with the office of great
start
and the department, and provide a report to the legislature
on
the efficacy and usefulness of a kindergarten readiness
assessment.
Allowable costs under this pilot program include those
incurred
in August and September 2016.
(4) From the funds allocated in subsection (1), there is
allocated an amount not to exceed $1,000,000.00 for 2017-2018 to an
intermediate district described in this subsection to implement a
Michigan kindergarten entry observation tool in 2017–2018. The
funding under this subsection is allocated to an intermediate
district in prosperity region 9 with at least 3,000 kindergarten
pupils enrolled in its constituent districts to continue
participation in the Maryland-Ohio pilot and cover the costs of
implementing the pilot observation tool, including a contract with
a university for implementation of the pilot observation tool. The
intermediate district shall continue implementation of the 2016-
2017 pilot study with existing participating intermediate districts
during the 2017-2018 school year. The Michigan kindergarten entry
observation shall be conducted in all kindergarten classrooms in
districts located in prosperity regions 4, 5, and 9 beginning in
August 2018. A constituent district of an intermediate district
located within prosperity region 4, 5, or 9 shall administer the
Maryland-Ohio tool within each kindergarten classroom to either the
full census of kindergarten pupils or a representative sample of
not less than 35% of the enrolled kindergarten pupils in each
classroom. The intermediate district receiving the funding
allocated under this subsection shall work with other intermediate
districts to implement the Michigan kindergarten entry observation,
engage with the office of great start and the department, and
provide a report to the legislature on the demonstrated readiness
of kindergarten pupils within the participating intermediate
districts. That intermediate district may share this funding with
the other affected intermediate districts and districts. Allowable
costs under this subsection include those incurred in July, August,
and September 2017 as well as those incurred in 2017-2018. As used
in this subsection, "kindergarten" may include a classroom for
young 5-year-olds, commonly referred to as "young 5s" or
"developmental kindergarten". The department shall approve the
language and literacy domain within the Maryland-Ohio tool, also
referred to as the "Kindergarten Readiness Assessment", for use by
districts as an initial assessment that may be delivered to all
kindergarten students to assist with identifying any possible area
of concern for a student in English language arts.
(5) The department shall continue to make the kindergarten
entry assessment developed by the department and field tested in
2015-2016
available to districts in 2016-2017.2017-2018.
(6) The department may recommend, but may not require,
districts to allow pupils to use an external keyboard with tablet
devices for online M-STEP testing, including, but not limited to,
open-ended test items such as constructed response or equation
builder items.
(7) 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.
(8) 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.
(9)
From the allocation in subsection (1), there is allocated
an
amount not to exceed $5,600,000.00 for the purpose of
implementing
a summative assessment system pursuant to section
104c.
(9) (10)
As used in this section:
(a) "DED" means the United States Department of Education.
(b) "DED-OESE" means the DED Office of Elementary and
Secondary Education.
(c) "DED-OSERS" means the DED Office of Special Education and
Rehabilitative Services.
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 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 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 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.every student succeeds act (ESSA), Public Law
114-95.
(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.every student
succeeds act (ESSA), Public Law 114-95.
(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.every student
succeeds act (ESSA), Public Law 114-95.
(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 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) The summative assessment system shall ensure that the
assessments are pilot tested before statewide implementation.
(m) 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) 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) In an effort to develop a cohesive state assessment
system, the department shall implement a request for information
process for a common formative assessment system that is fully
aligned to this state's content standards for English language arts
and mathematics. The department may use information compiled from a
request for proposal in 2016-2017 to satisfy this request.
(5) (4)
Beginning in the 2015-2016 school
year, the department
shall field test assessments in the fall and spring of each school
year to measure English language arts and mathematics in each of
grades K to 2 for full implementation when the assessments have
been successfully field tested. This full implementation shall
occur not later than the 2018-2019 school year. These assessments
are necessary to determine a pupil's proficiency level before grade
3.
(6) Not later than October 1, 2017, the department shall issue
a request for proposals for a statewide summative assessment. The
statewide summative assessment shall meet all of the following:
(a) Assesses all of grades 3 through 7 in math and English
language arts.
(b) Is aligned with this state's content standards.
(c) Generates a scaled score using the fewest number of
testing items necessary to sufficiently measure building level
achievement based on this state's content standards.
(d) Is proven to be a valid and reliable measurement of
building level achievement.
(e) Does not exceed 3 hours in duration on average for an
individual pupil to complete the combined administration of the
math and English language arts portions of the test for any 1 grade
level.
(7) Not later than January 1, 2018, the department shall
approve 1 statewide summative assessment that was included in a
response to the request for proposals under subsection (6) or
develop the department's own assessment that meets the requirements
under subsection (6).
(8) Not later than October 1, 2017, the department shall issue
a request for proposals for not less than 3 benchmark assessments
that each meet all of the following:
(a) Assesses all of grades 3 through 7 in math and English
language arts.
(b) Is aligned with this state's content standards such that
items were written for this state's content standards.
(c) Is computer adaptive above and below grade level.
(d) Produces a pupil's results in not more than 48 hours from
the time the benchmark assessment is administered.
(e) Is self-scoring.
(f) Aligns to this state's content standards.
(g) Measures the academic growth of pupils and provides an
estimate for adequate yearly growth.
(h) Demonstrates validity and reliability as appropriate for a
computer adaptive assessment.
(9) Not later than January 1, 2018 and in consultation with
experts in the field of education and educational assessment
measurement, the department shall approve at least 2 benchmark
assessments that were included in a response to the request for
proposals under subsection (8) and meet the requirements described
in subsection (8).
(10) The department is not precluded from approving a
statewide summative assessment under subsection (7) and a benchmark
assessment under subsection (9) that are provided by the same
vendor. The summative assessment shall not be a benchmark
assessment.
(11) (5)
This section does not prohibit
districts from
adopting interim assessments.
(12) (6)
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 2016-2017 2017-
2018 an amount not to exceed $4,000,000.00 for providing
reimbursement to districts that purchase a computer-adaptive test,
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 2016-2017
2017-2018 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, 2016 2017 and shall be
made on an equal per-pupil basis according to the available
funding, based on the number of pupils for whom assessments were
purchased.
(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, 2016.2017.
Sec. 104e. (1) From the general fund appropriation in section
11, there is allocated an amount not to exceed $250,000.00 for the
implementation of an assessment digital literacy preparation pilot
project for pupils enrolled in grades K to 8. The department shall
ensure that a pilot project funded under this subsection satisfies
all of the following:
(a) Is available to districts in the 2017-2018 school year.
(b) Focuses on ensuring pupils have the necessary skills
required for state online assessments by assessing pupil digital
literacy skill levels and providing teachers with a digital
curriculum targeted at areas of determined weakness.
(c) Allows pupils to engage with the digital curriculum in an
independent or teacher-facilitated modality.
(d) Includes training and professional development for
teachers.
(e) Is implemented in at least 220 districts that operate
grades K to 8 and that represent a diverse geography and socio-
economic demographic.
(2) Funding under subsection (1) shall be allocated to a
district that operates at least grades K to 8 and has a partnership
with a third party that is experienced in the assessment of digital
literacy and the preparation of digital literacy skills and has
demonstrable experience serving districts in this state and local
education agencies in other states. The district, along with its
third-party partner, shall provide a report to the house and senate
appropriations subcommittees on school aid and the house and senate
fiscal agencies on the efficacy and usefulness of the assessment
digital literacy preparation pilot project no later than September
30, 2018.
(3) Notwithstanding section 17b, payments under subsection (1)
shall be made in a manner determined by the department.
Sec. 107. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $25,000,000.00 $27,000,000.00 for
2016-2017
2017-2018 for adult education programs authorized under
this
section. Except as otherwise provided under subsections (14)
and
(15), (14), (15), and (19), 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, 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, an individual shall be enrolled in an adult basic
education program, an adult secondary education program, an adult
English as a second language program, a high school equivalency
test preparation 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:
(a) Has attained 20 years of age.
(b) Has attained 18 years of age and the individual's
graduating class has graduated.
(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
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. 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
2017-2018, 2018-2019, 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). Beginning in 2018-2019, 2019-2020, 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.
(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.
(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.
(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 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 and addressing barriers
to education and employment.
(c) Collaborate with 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. 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) Report adult education program and participant data and
information as prescribed by the department.
(6) An adult basic education program, an adult secondary
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 twelfth 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 participant in an adult secondary education program is
eligible for reimbursement until 1 of the following occurs:
(i) The participant's reading and mathematics proficiency are
assessed above the twelfth grade level.
(ii) The participant fails to show progress on 2 successive
assessments after having at least 450 hours of instruction.
(e) A funding recipient enrolling a participant in an English
as a second language program is eligible for funding according to
subsection (9) 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.
(7) A high school equivalency 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 or a high school equivalency certificate.
(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 high school
equivalency practice test to determine the individual's potential
for success on the high school equivalency 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 (9) for a participant, and a participant may be enrolled
in the program until 1 of the following occurs:
(i) The participant achieves a high school equivalency
certificate.
(ii) The participant fails to show progress on 2 successive
department-approved assessments used to determine readiness to take
a high school equivalency test after having completed at least 450
hours of instruction.
(8) A high school completion program operated on a year-round
or school year basis may be funded under this section, subject to
all of the following:
(a) The program enrolls adults who do not have a high school
diploma.
(b) 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 (9) for a participant in a course offered under this
subsection until 1 of the following occurs:
(i) The participant passes the course and earns a high school
diploma.
(ii) The participant fails to earn credit in 2 successive
semesters or terms in which the participant is enrolled after
having completed at least 900 hours of instruction.
(9) A funding recipient shall receive payments under this
section in accordance with all of the following:
(a) Statewide allocation criteria, including 3-year average
enrollments, census data, and local needs.
(b) 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 achieving a high
school equivalency certificate or passage of 1 or more individual
high school equivalency 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.
(c) Participant completion of core indicators as identified in
the innovation and opportunity act.
(d) Allowable expenditures.
(10) A person who is not eligible to be a participant funded
under this section may receive adult education services upon the
payment of tuition. In addition, a person who is not eligible to be
served in a program under this section due to the program
limitations specified in subsection (6), (7), or (8) 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.
(11) An individual who is an inmate in a state correctional
facility shall not be counted as a participant under this section.
(12) 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.
(13) 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.
(14) 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.
(15) From the amount appropriated in subsection (1), an amount
not
to exceed $500,000.00 shall be allocated for 2016-2017 2017-
2018 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
(16)
and (17). Funding under this subsection for 2016-2017 2017-
2018
is for the second third of
3 years of funding.
(16) A pilot program funded under subsection (15) shall
require adult education staff to work with Michigan works! agency
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.
(17) A pilot program funded under subsection (15) shall have
on staff an adult education navigator who will serve as a
caseworker for each participant identified under subsection (16).
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.
(18)
Not later than December 1, 2017, 2018, the pilot program
funded under subsection (15) shall provide to the senate and house
appropriations
subcommittees on school aid, and to the senate and
house fiscal agencies, and to the state budget director a report
detailing number of participants, graduation rates, and a measure
of transitioning to employment.
(19)
The department shall develop an application process for a
pilot
program to be funded under subsection (15) and shall award
funding
not later than October 1, 2016. Funding allocated under
subsection
(15) may be paid on a schedule other than that specified
under
section 17b.
(19) From the amount appropriated in subsection (1), an amount
not to exceed $2,000,000.00 shall be allocated for 2017-2018 for
grants to not more than 5 pilot programs that are additional to the
pilot program funded under subsection (15) to connect adult
education participants with employers as provided under this
subsection. The grant to each eligible pilot program shall be
$400,000.00. To receive funding under this subsection, an eligible
pilot program shall satisfy all of the following:
(a) Meets 1 of the following:
(i) Is located in prosperity region 1c.
(ii) Is located in prosperity region 2 and borders prosperity
region 4.
(iii) Is located in prosperity region 4a and borders
prosperity region 5.
(iv) Is located in prosperity region 5 and borders Lake Huron.
(v) Is located in prosperity region 9 and borders a
neighboring state.
(b) Begins operations at the start of the 2017-2018 school
year.
(c) Replicates the pilot program funded under subsection (15).
(d) Meets the requirements under subsections (15), (16), and
(17) for a pilot program funded under subsection (15).
(20) Not later than December 1, 2018, a pilot program funded
under subsection (19) shall provide a report to the senate and
house appropriations subcommittees on school aid, to the senate and
house fiscal agencies, and to the state budget director identifying
the number of participants, graduation rates, and a measure of
transition to employment.
(21) (20)
The department shall approve at
least 3 high school
equivalency tests and determine whether a high school equivalency
certificate meets the requisite standards for high school
equivalency in this state.
(22) (21)
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) "Department" means the department of talent and economic
development.
(c) "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.
Sec.
147. (1) The allocation for 2016-2017 2017-2018 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, 38.1437, 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 2016-2017 2017-2018 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 36.64%, 36.88%,
with 24.94%
25.56% 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 36.01%, 35.60%, with
24.31%
24.28% 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 35.79%, 35.35%, with
24.09%
24.03% 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 32.66%, 32.28%,
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 32.88%, 32.53%, with 21.18% 21.21% 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 32.66%, 32.28%, 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 36.42%, 36.63%, with
24.72%
25.31% 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
38.1408.38.1437.
(4) The contribution rates in subsection (2) reflect an
amortization
period of 22 21 years for 2016-2017. 2017-2018. 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. (1) From the appropriation in section 11, there is
allocated
for 2016-2017 2017-2018 an amount not to exceed
$100,000,000.00 for payments to participating districts. A
participating
district that receives money under this
section
subsection 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
subsection 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, subsection, "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, 38.1437, and
that
reports employees to the Michigan public school employees'
retirement system for the applicable fiscal year.
(2) In addition to the allocation under subsection (1), from
the state school aid fund money appropriated under section 11,
there is allocated an amount not to exceed $48,940,000.00 for 2017-
2018 for payments to participating entities and from the general
fund money appropriated under section 11, there is allocated an
amount not to exceed $29,000.00 for 2017-2018 for payments to
participating district libraries. The amount allocated to each
participating entity under this subsection shall be based on each
participating entity's percentage of the total statewide payroll
for that type of participating entity for the immediately preceding
fiscal year. A participating entity that receives money under this
subsection shall use that money solely for the purpose of
offsetting a portion of the normal cost contribution rate. As used
in this subsection:
(a) "District library" means a district library established
under the district library establishment act, 1989 PA 24, MCL
397.171 to 397.196.
(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.
Sec. 147b. (1) The MPSERS retirement obligation reform 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 MPSERS retirement obligation reform
reserve fund. The state treasurer shall direct the investment of
the MPSERS retirement obligation reform reserve fund. The state
treasurer shall credit to the MPSERS retirement obligation reform
reserve fund interest and earnings from the MPSERS retirement
obligation reform reserve fund.
(3) Money available in the MPSERS retirement obligation reform
reserve fund shall not be expended without a specific
appropriation.
(4) Money in the MPSERS retirement obligation reform reserve
fund at the close of the fiscal year shall remain in the MPSERS
retirement obligation reform 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 MPSERS retirement
obligation reform reserve fund for auditing purposes.
(5) If the contributions described in section 43e of the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1343e, as that section was added by 2010 PA 75, are determined
by a final order of a court of competent jurisdiction for which all
rights of appeal have been exhausted to be constitutional and if
the order for preliminary injunction in case no. 10-45-MM issued on
July 13, 2010 is lifted, the money placed in a separate interest
bearing account as a result of implementing the preliminary
injunction shall be deposited into the MPSERS retirement obligation
reform reserve fund created in this section to be used solely for
health care unfunded accrued liabilities.
(6) For the fiscal year ending September 30, 2018,
$55,000,000.00 from the state school aid fund shall be deposited
into the MPSERS retirement obligation reform reserve fund to be
used for the purposes under section 147e.
Sec. 147c. (1) From the appropriation in section 11, there is
allocated
for 2016-2017 2017-2018 an amount not to exceed
$982,200,000.00
$960,130,000.00 from the state school aid 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 2016-2017 2017-
2018
an amount not to exceed $600,000.00 $654,000.00 for payments
to district libraries that are participating entities of the
Michigan public school employees' retirement system. All of the
following apply to funding under this subsection:
(a) (2)
For 2016-2017, 2017-2018, the amounts allocated under
this
subsection (1) are estimated to
provide an average MPSERS rate
cap
per pupil amount of $660.00 $640.00
and are estimated to
provide
a rate cap per pupil for districts ranging between $5.00
and
$3,100.00.$4.00 and
$3,020.00.
(b) (3)
Payments made under this section
subsection 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.
(c) (4)
The amount allocated to each
participating entity
under
this section subsection 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 subsection shall use the funds solely for the
purpose
of retirement contributions as specified in subsection
(5).subdivision (d).
(d) (5)
Each participating entity receiving
funds under this
section
subsection shall forward an amount equal to the amount
allocated
under subsection (4) subdivision
(c) to the retirement
system in a form, manner, and time frame determined by the
retirement system.
(e) (6)
Funds allocated under this section
subsection should
be considered when comparing a district's growth in total state aid
funding from 1 fiscal year to the next.
(f) (7)
Not later than December 20, 2016,
2017, the department
shall publish and post on its website an estimated MPSERS rate cap
per pupil for each district.
(g) It is the intent of the legislature that any funds
allocated under this subsection are first applied to pension
contributions, and if any funds remain after that payment, those
remaining funds shall be applied to other postemployment benefit
contributions.
(h) (8)
As used in this section:subsection:
(i) "District library" means a district library established
under the district library establishment act, 1989 PA 24, MCL
397.171 to 397.196.
(ii) (a)
"MPSERS rate cap per
pupil" means an amount equal to
the
quotient of the district's payment under this section
subsection divided by the district's pupils in membership.
(iii) (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.
(iv) (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.
(v) (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.
(2) In addition to the funds allocated under subsection (1),
from the appropriation in section 11, there is allocated for 2017-
2018 only an amount not to exceed $200,000,000.00 for payments to
participating entities. Notwithstanding section 17b, payments to
eligible participating entities under this subsection shall be paid
in 1 installment no later than October 20, 2017. Payments under
this subsection shall be made as follows:
(a) The amount allocated to each participating entity under
this subsection shall be based on each participating entity's
proportion of the total covered payroll for the fiscal year ending
September 30, 2016. A participating entity that receives funds
under this subsection shall use the funds solely for purposes of
this subsection.
(b) Each participating entity receiving funds under this
subsection shall forward an amount equal to the sum of the amount
allocated under this subsection and the amount allocated under
subsection (1) to the retirement system in a form, manner, and time
frame prescribed by the retirement system.
(c) Payments under this subsection shall be used by the
retirement system specifically for the payment or prepayment of the
final years or partial years of any additional costs to the
retirement system due to the operation of section 81b of the public
school employees retirement act of 1979, 1980 PA 300, MCL 38.1381b,
without regard to the amortization of those costs under section
81b(5) of the public school employees retirement act of 1979, 1980
PA 300, MCL 38.1381b, and in a manner and form as determined by the
office of retirement services.
(d) As used in this subsection:
(i) "Participating entity" means a district, intermediate
district, community college, or district library that is a
reporting unit of the Michigan public school employees' retirement
system under the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1301 to 38.1437, and that reports employees to
the Michigan public school employees' retirement system for the
applicable fiscal year.
(ii) "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. 147e. (1) From the appropriation in section 11, there is
allocated for 2017-2018 an amount not to exceed $23,100,000.00 from
the MPSERS retirement obligation reform reserve fund for payments
to participating entities.
(2) The payment to each participating entity under this
section shall be the sum of the amounts under this subsection as
follows:
(a) An amount equal to the contributions made by a
participating entity for the additional contribution made to a
qualified participant's Tier 2 account in an amount equal to the
contribution made by the qualified participant not to exceed 3% of
the qualified participant's compensation as provided for under
section 131(6) of the public school employees retirement act of
1979, 1980 PA 300, MCL 38.1431, if that act is amended by either
Senate Bill No. 401 or House Bill No. 4647 of the 99th Legislature.
(b) Beginning October 1, 2017, an amount equal to the
contributions made by a participating entity for a qualified
participant who is only a Tier 2 qualified participant under
section 81d of the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1381d, not to exceed 4%, and, beginning
February 1, 2018, not to exceed 1%, of the qualified participant's
compensation, if that act is amended by either Senate Bill No. 401
or House Bill No. 4647 of the 99th Legislature.
(c) An amount equal to the increase in employer normal cost
contributions under section 41b(2) of the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1341b, for a member
that was hired after February 1, 2018 and chose to participate in
Tier 1, compared to the employer normal cost contribution for a
member under section 41b(1) of the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1341b, if section 41b
of the public school employees retirement act of 1979, 1980 PA 300,
MCL 38.1341b, is amended by either Senate Bill No. 401 or House
Bill No. 4647 of the 99th Legislature.
(3) As used in this section:
(a) "Member" means that term as defined under the public
school employees retirement act of 1979, 1980 PA 300, MCL 38.1301
to 38.1437.
(b) "Participating entity" means a district, intermediate
district, or community college 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) "Qualified participant" means that term as defined under
section 124 of the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1424.
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, 486
Mich 468 (2010), from the state
school aid fund money appropriated in section 11 there is allocated
for
2016-2017 2017-2018 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. 152b. (1) From the general fund money appropriated under
section 11, there is allocated an amount not to exceed
$2,500,000.00 for each fiscal year for 2016-2017 and for 2017-2018
to reimburse actual costs incurred by
nonpublic schools as
identified in the nonpublic school mandate report
published by the
department on November 25, 2014 and under subsection
(2).in
complying with a health, safety, or welfare requirement mandated by
a law or administrative rule of this state.
(2)
By January 1 , 2017, of
each applicable fiscal year, the
department shall publish a form for reporting actual costs incurred
by a nonpublic school in complying with a health, safety, or
welfare
requirement mandated under state law containing
the
requirements
identified in the report under subsection (1). The
department
shall include other requirements on the form that were
enacted
into law after publication of the report. each health,
safety, or welfare requirement mandated by a law or administrative
rule of this state applicable to a nonpublic school and with a
reference to each relevant provision of law or administrative rule
for the requirement. The form shall be posted on the department's
website in electronic form.
(3)
By June 15, 2017, 30 of
each applicable fiscal year, a
nonpublic
school seeking reimbursement under subsection (1) of for
actual costs incurred in complying with a health, safety, or
welfare requirement under a law or administrative rule of this
state
during the 2016-2017 each applicable school year shall submit
the
a completed form described in subsection (2) to the department.
This section does not require a nonpublic school to submit a form
described in subsection (2). A nonpublic school is not eligible for
reimbursement
under this section unless if
the nonpublic school
submits
does not submit the form described in subsection (2) in a
timely manner.
(4)
By August 15 , 2017, of
each applicable fiscal year, the
department
shall distribute funds to each nonpublic schools school
that
submit submits a completed form described under subsection (2)
in a timely manner. The superintendent shall determine the amount
of funds to be paid to each nonpublic school in an amount that does
not
exceed the nonpublic school's actual cost to comply with
requirements
under subsections (1) and (2). costs
in complying with
a health, safety, or welfare requirement under a law or
administrative rule of this state. The superintendent shall
calculate a nonpublic school's actual cost in accordance with this
section.
(5) If the funds allocated under this section are insufficient
to fully fund payments as otherwise calculated under this section,
the department shall distribute funds under this section on a
prorated or other equitable basis as determined by the
superintendent.
(6)
The department has the authority to may review the records
of a nonpublic school submitting a form described in subsection (2)
only for the limited purpose of verifying the nonpublic school's
compliance with this section. If a nonpublic school does not allow
the
department to review records under this subsection, for
this
limited
purpose, the nonpublic school is
not eligible for
reimbursement under this section.
(7) The funds appropriated under this section are for purposes
related to education, are considered to be incidental to the
operation of a nonpublic school, are noninstructional in character,
and are intended for the public purpose of ensuring the health,
safety, and welfare of the children in nonpublic schools and to
reimburse nonpublic schools for costs described in this section.
(8) Funds allocated under this section are not intended to aid
or maintain any nonpublic school, support the attendance of any
student at a nonpublic school, employ any person at a nonpublic
school, support the attendance of any student at any location where
instruction is offered to a nonpublic school student, or support
the employment of any person at any location where instruction is
offered to a nonpublic school student.
(9) For purposes of this section, "actual cost" means the
hourly
wage for the employee or employees performing the reported a
task or tasks required to comply with a health, safety, or welfare
requirement under a law or administrative rule of this state
identified by the department under subsection (2) and is to be
calculated in accordance with the form published by the department
under subsection (2), which shall include a detailed itemization of
cost.
costs. The nonpublic school shall not charge more than the
hourly
wage of its lowest-paid employee capable of performing the
reported
a specific task regardless of whether that individual is
available
and regardless of who actually performs the reported a
specific task. Labor costs under this subsection shall be estimated
and charged in increments of 15 minutes or more, with all partial
time increments rounded down. When calculating costs under
subsection (4), fee components shall be itemized in a manner that
expresses both the hourly wage and the number of hours charged. The
nonpublic school may not charge any applicable labor charge amount
to cover or partially cover the cost of health or fringe benefits.
A nonpublic school shall not charge any overtime wages in the
calculation of labor costs.
(10) For the purposes of this section, the actual cost
incurred by a nonpublic school for taking daily student attendance
shall be considered an actual cost in complying with a health,
safety, or welfare requirement under a law or administrative rule
of this state. Training fees, inspection fees, and criminal
background check fees are considered actual costs in complying with
a health, safety, or welfare requirement under a law or
administrative rule of this state.
(11) The funds allocated under this section for 2016-2017 are
a work project appropriation, and any unexpended funds for 2016-
2017 are carried forward into 2017-2018. The purpose of the work
project is to continue to reimburse nonpublic schools for actual
costs incurred in complying with a health, safety, or welfare
requirement mandated by a law or administrative rule of this state.
The estimated completion date of the work project is September 30,
2019.
Sec. 160. If a district or intermediate district requests the
superintendent to grant a waiver for the district or intermediate
district from the requirements of section 1284b of the revised
school code, MCL 380.1284b, that district or intermediate district
shall use a portion of its funding under this article to conduct a
joint public hearing with the department to be held before the
waiver is granted at a location within the district or intermediate
district.
Sec. 164g. A district or intermediate district shall not use
funds appropriated under this article to pay an expense incurred
relating to any legal action initiated by the district or
intermediate district against this state. If a district or
intermediate district violates this section in a fiscal year, the
district or intermediate district forfeits from its funds due under
this article for that fiscal year an amount equal to the expenses
paid in violation of this section.
Sec. 164h. (1) Beginning October 1, 2017, a district or
intermediate district shall not enter into a collective bargaining
agreement that does any of the following:
(a) Establishes racial or religious preferences for employees.
(b) Automatically deducts union dues from employee
compensation.
(c) Is in conflict with any state or federal law regarding
district or intermediate district transparency.
(d) Includes a method of compensation that does not comply
with section 1250 of the revised school code, MCL 380.1250.
(2) A district or intermediate district that enters into a
collective bargaining agreement in violation of subsection (1)
shall forfeit an amount equal to 5% of the funds due to the
district or intermediate district under this article.
Sec. 166b. (1) This act does not prohibit a parent or legal
guardian of a minor who is enrolled in any of grades kindergarten
to 12 in a nonpublic school or who is being home-schooled from also
enrolling the minor in a district, public school academy, or
intermediate district in any curricular offering that is provided
by the district, public school academy, or intermediate district at
a public school site and is available to pupils in the minor's
grade level or age group, subject to compliance with the same
requirements that apply to a full-time pupil's participation in the
offering. However, state school aid shall be provided under this
act for a minor enrolled as described in this subsection only for
curricular
offerings that are offered available
to full-time pupils
in
the minor's grade level or age group. during regularly scheduled
school
hours.
(2) This act does not prohibit a parent or legal guardian of a
minor who is enrolled in any of grades kindergarten to 12 in a
nonpublic school or who resides within the district and is being
home-schooled from also enrolling the minor in the district in a
curricular offering being provided by the district at the nonpublic
school site. However, state school aid shall be provided under this
act for a minor enrolled as described in this subsection only if
all of the following apply:
(a) Either of the following:
(i) The nonpublic school site is located, or the nonpublic
students are educated, within the geographic boundaries of the
district.
(ii) If the nonpublic school has submitted a written request
to the district in which the nonpublic school is located for the
district to provide certain instruction under this subsection for a
school year and the district does not agree to provide some or all
of that instruction by May 1 immediately preceding that school year
or, if the request is submitted after March 1 immediately preceding
that school year, within 60 days after the nonpublic school submits
the request, the instruction is instead provided by an eligible
other district. This subparagraph does not require a nonpublic
school to submit more than 1 request to the district in which the
nonpublic school is located for that district to provide
instruction under this subsection, and does not require a nonpublic
school to submit an additional request to the district in which the
nonpublic school is located for that district to provide additional
instruction under this subsection beyond the instruction requested
in the original request, before having the instruction provided by
an eligible other district. A public school academy that is located
in the district in which the nonpublic school is located or in an
eligible other district also may provide instruction under this
subparagraph under the same conditions as an eligible other
district. As used in this subparagraph, "eligible other district"
means a district that is located in the same intermediate district
as the district in which the nonpublic school is located or is
located in an intermediate district that is contiguous to that
intermediate district.
(b) The nonpublic school is registered with the department as
a nonpublic school and meets all state reporting requirements for
nonpublic schools.
(c)
The instruction is scheduled to occur during the regular
school
day.
(c) (d)
The instruction is provided
directly by a certified
teacher at the district or public school academy or at an
intermediate district.
(d) (e)
The curricular offering is also
available to full-time
pupils in the minor's grade level or age group in the district or
public
school academy during the regular school day at a public
school site.
(e) (f)
The curricular offering is
restricted to nonessential
elective courses for pupils in grades kindergarten to 12.
(3) A nonessential course in grades kindergarten to 8 is a
course other than mathematics, science, social studies, and English
language arts. Nonessential courses in grades 9 to 12 are those
other than algebra 1, algebra 2, English 9-12, geometry, biology,
chemistry, physics, economics, geography, American history, world
history, the Constitution, government, and civics, or courses that
fulfill the same credit requirement as these courses. Nonessential
elective courses include courses offered by the local district for
high school credit that are also capable of generating
postsecondary credit, including, at least, advanced placement and
international baccalaureate courses. College level courses taken by
high school students for college credit are nonessential courses.
Remedial courses for any grade in the above-listed essential
courses are considered essential.
(4) (3)
A Subject to section
6(4)(ii), a minor enrolled as
described in this section is a part-time pupil for purposes of
state school aid under this act.
(5) (4)
A district that receives a written
request to provide
instruction under subsection (2) shall reply to the request in
writing by May 1 immediately preceding the applicable school year
or, if the request is made after March 1 immediately preceding that
school year, within 60 days after the nonpublic school submits the
request. The written reply shall specify whether the district
agrees to provide or does not agree to provide the instruction for
each portion of instruction included in the request.
(5)
The department shall establish a workgroup consisting of
staff
from the department, staff from the center, pupil accounting
staff
from districts and intermediate districts, other applicable
staff
from districts and intermediate districts, representatives
from
nonpublic schools, and representatives from home schools to
examine
the issue of providing a uniform definition of nonessential
elective
courses, and also to provide a uniform definition of a
part-time
pupil for the purposes of this section.
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, 2017,
2018, from the funds indicated in this section. The following is a
summary of the appropriations in this section:
(a)
The gross appropriation is $395,925,600.00.
$399,326,500.00. After deducting total interdepartmental grants and
intradepartmental transfers in the amount of $0.00, the adjusted
gross
appropriation is $395,925,600.00.$399,326,500.00.
(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,
$260,414,800.00.$398,301,500.00.
(v) State general fund/general purpose money,
$135,510,800.00.$1,025,000.00.
(2) Subject to subsection (3), the amount appropriated for
community
college operations is $315,892,000.00, $319,050,900.00,
allocated as follows:
(a) The appropriation for Alpena Community College is
$5,544,700.00,
$5,464,400.00 for operations and $80,300.00 for
performance
funding.$5,627,500.00,
$5,596,200.00 for operations and
$31,300.00 for performance funding.
(b) The appropriation for Bay de Noc Community College is
$5,560,900.00,
$5,490,200.00 for operations and $70,700.00 for
performance
funding.$5,589,000.00,
$5,560,900.00 for operations and
$28,100.00 for performance funding.
(c)
The appropriation for Delta College is $14,907,700.00,
$14,704,000.00
for operations and $203,700.00 for performance
funding.$14,990,700.00, $14,907,700.00 for operations
and
$83,000.00 for performance funding.
(d) The appropriation for Glen Oaks Community College is
$2,586,900.00,
$2,551,100.00 for operations and $35,800.00 for
performance
funding.$2,601,400.00,
$2,586,900.00 for operations and
$14,500.00 for performance funding.
(e) The appropriation for Gogebic Community College is
$4,577,800.00,
$4,509,900.00 for operations and $67,900.00 for
performance
funding.$4,715,400.00,
$4,692,200.00 for operations and
$23,200.00 for performance funding.
(f) The appropriation for Grand Rapids Community College is
$18,450,500.00,
$18,187,300.00 for operations and $263,200.00 for
performance
funding.$18,556,800.00,
$18,450,500.00 for operations
and $106,300.00 for performance funding.
(g) The appropriation for Henry Ford College is
$22,176,000.00,
$21,893,300.00 for operations and $282,700.00 for
performance
funding.$22,299,200.00,
$22,176,000.00 for operations
and $123,200.00 for performance funding.
(h)
The appropriation for Jackson College is $12,397,600.00,
$12,245,300.00
for operations and $152,300.00 for performance
funding.$12,590,100.00, $12,527,400.00 for operations
and
$62,700.00 for performance funding.
(i) The appropriation for Kalamazoo Valley Community College
is
$12,873,900.00, $12,689,400.00 for operations and $184,500.00
for
performance funding.$12,948,700.00,
$12,873,900.00 for
operations and $74,800.00 for performance funding.
(j) The appropriation for Kellogg Community College is
$10,087,500.00,
$9,950,100.00 for operations and $137,400.00 for
performance
funding.$10,143,600.00,
$10,087,500.00 for operations
and $56,100.00 for performance funding.
(k) The appropriation for Kirtland Community College is
$3,270,000.00,
$3,221,500.00 for operations and $48,500.00 for
performance
funding.$3,289,400.00,
$3,270,000.00 for operations and
$19,400.00 for performance funding.
(l) The appropriation for Lake Michigan College is
$5,492,800.00,
$5,417,700.00 for operations and $75,100.00 for
performance
funding.$5,523,600.00,
$5,492,800.00 for operations and
$30,800.00 for performance funding.
(m) The appropriation for Lansing Community College is
$31,677,300.00,
$31,288,200.00 for operations and $389,100.00 for
performance
funding.$32,324,200.00,
$32,165,600.00 for operations
and $158,600.00 for performance funding.
(n) The appropriation for Macomb Community College is
$33,681,800.00,
$33,239,500.00 for operations and $442,300.00 for
performance
funding.$33,863,600.00,
$33,681,800.00 for operations
and $181,800.00 for performance funding.
(o) The appropriation for Mid Michigan Community College is
$4,834,100.00,
$4,757,700.00 for operations and $76,400.00 for
performance
funding.$4,968,900.00,
$4,937,400.00 for operations and
$31,500.00 for performance funding.
(p) The appropriation for Monroe County Community College is
$4,636,700.00,
$4,565,600.00 for operations and $71,100.00 for
performance
funding.$4,665,500.00,
$4,636,700.00 for operations and
$28,800.00 for performance funding.
(q) The appropriation for Montcalm Community College is
$3,343,100.00,
$3,280,600.00 for operations and $62,500.00 for
performance
funding.$3,446,300.00,
$3,426,700.00 for operations and
$19,600.00 for performance funding.
(r) The appropriation for C.S. Mott Community College is
$16,115,500.00,
$15,901,700.00 for operations and $213,800.00 for
performance
funding.$16,258,100.00,
$16,167,200.00 for operations
and $90,900.00 for performance funding.
(s) The appropriation for Muskegon Community College is
$9,150,600.00,
$9,020,700.00 for operations and $129,900.00 for
performance
funding.$9,203,000.00, $9,150,600.00
for operations and
$52,400.00 for performance funding.
(t) The appropriation for North Central Michigan College is
$3,290,400.00,
$3,224,800.00 for operations and $65,600.00 for
performance
funding.$3,353,200.00,
$3,330,200.00 for operations and
$23,000.00 for performance funding.
(u) The appropriation for Northwestern Michigan College is
$9,318,000.00,
$9,200,500.00 for operations and $117,500.00 for
performance
funding.$9,508,900.00,
$9,459,800.00 for operations and
$49,100.00 for performance funding.
(v) The appropriation for Oakland Community College is
$21,770,900.00,
$21,429,400.00 for operations and $341,500.00 for
performance
funding.$21,905,700.00,
$21,770,900.00 for operations
and $134,800.00 for performance funding.
(w) The appropriation for Schoolcraft College is
$12,909,300.00,
$12,706,400.00 for operations and $202,900.00 for
performance
funding.$12,991,300.00,
$12,909,300.00 for operations
and $82,000.00 for performance funding.
(x) The appropriation for Southwestern Michigan College is
$6,732,500.00,
$6,657,600.00 for operations and $74,900.00 for
performance
funding.$6,860,700.00,
$6,827,000.00 for operations and
$33,700.00 for performance funding.
(y) The appropriation for St. Clair County Community College
is
$7,259,300.00, $7,158,000.00 for operations and $101,300.00 for
performance
funding.$7,300,100.00,
$7,259,300.00 for operations and
$40,800.00 for performance funding.
(z) The appropriation for Washtenaw Community College is
$13,534,000.00,
$13,301,100.00 for operations and $232,900.00 for
performance
funding.$13,631,400.00,
$13,534,000.00 for operations
and $97,400.00 for performance funding.
(aa) The appropriation for Wayne County Community College is
$17,234,200.00,
$16,989,800.00 for operations and $244,400.00 for
performance
funding.$17,338,300.00,
$17,234,200.00 for operations
and $104,100.00 for performance funding.
(bb) The appropriation for West Shore Community College is
$2,478,000.00,
$2,446,200.00 for operations and $31,800.00 for
performance
funding.$2,556,300.00,
$2,540,000.00 for operations and
$16,300.00 for performance funding.
(3) The amount appropriated in subsection (2) for community
college operations is $319,050,900.00 and is appropriated from the
following:
(a)
State state school aid fund. , $185,481,200.00.
(b)
State general fund/general purpose money, $130,410,800.00.
(4) From the appropriations described in subsection (1),
subject
both of the following apply:
(a) Subject to section 207a, the amount appropriated for
fiscal
year 2016-2017 2017-2018 to offset certain fiscal year 2016-
2017
2017-2018 retirement contributions is $1,733,600.00,
appropriated from the state school aid fund.
(b) For fiscal year 2017-2018 only, there is allocated an
amount not to exceed $3,612,000.00 for payments to participating
community colleges, appropriated from the state school aid fund. A
community college that receives money under this subdivision shall
use that money solely for the purpose of offsetting the normal cost
contribution rate.
(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 $73,200,000.00, $70,805,000.00,
appropriated
from the state school aid fund.
(6) From the appropriations described in subsection (1),
subject to section 207c, the amount appropriated for renaissance
zone
tax reimbursements is $5,100,000.00, $3,100,000.00,
appropriated
from general fund/general purpose money.the state
school aid fund.
(7) From the appropriations described in subsection (1), there
is appropriated $1,025,000.00 from general fund/general purpose
money, for fiscal year 2017-2018 only, to the Michigan Community
College Association, for the purpose of enhancing the Michigan
Transfer Network website to improve the transfer of college credit
among Michigan's postsecondary institutions. The Michigan Community
College Association shall provide information on request to the
house and senate subcommittees on community colleges, the house and
senate fiscal agencies, and the state budget director on the use of
these funds until the project is completed.
Sec. 201a. It is the intent of the legislature to provide
appropriations
for the fiscal year ending on September 30, 2018
2019
for the items listed in section 201.
The fiscal year 2017-2018
2018-2019 appropriations are anticipated to be the same as those
for
fiscal year 2016-2017, 2017-2018,
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
2017
2018 consensus revenue estimating conference.
Sec. 203. Unless otherwise specified, a community college that
receives appropriations in section 201, the workforce development
agency,
and the center shall use the Internet internet to fulfill
the reporting requirements of this article. This requirement may
include transmission of reports via electronic mail to the
recipients identified for each reporting requirement or it may
include
placement of reports on an Internet internet or Intranet
intranet site.
Sec. 206. (1) The funds appropriated in section 201 are
appropriated for community colleges with fiscal years ending June
30,
2017 2018 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,
2016.
2017. Each community college shall accrue its July and
August
2017
2018 payments to its institutional fiscal year ending
June 30,
2017.
However, if 2018.
(2) 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 2015-2016
to
the center by November 1, 2016, or failed to submit its
longitudinal
data system data set for school year 2015-2016 to the
center
under section 219, any of the
information described in
subdivisions (a) to (f) in the form and manner specified by the
center, the state treasurer shall, subject to subdivision (g),
withhold the monthly installments from that community college until
those
data are submitted: .
(a) All verified Michigan community colleges activities
classification structure data for the preceding academic year to
the center by November 1 of each year as specified in section 217.
(b) The college credit opportunity data set as specified in
section 209.
(c) The longitudinal data set for the preceding academic year
to the center as specified in section 219.
(d) The annual independent audit as specified in section 222.
(e) Tuition and mandatory fees information for the current
academic year as specified in section 225.
(f) The number and type of associate degrees and other
certificates awarded during the previous academic year as specified
in section 226.
(g) 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 2016-2017 2017-2018 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
that fiscal year.
(b) The amount allocated to each participating community
college under section 201(4) shall be based on each college's
percentage of the total covered payroll for all community colleges
that are participating colleges in the immediately preceding fiscal
year.
Sec. 207b. All of the following apply to the allocation of the
fiscal
year 2016-2017 2017-2018 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,
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% 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 2016-2017 2017-2018 shall be based
on that community college's proportion of total revenue lost by
community colleges as a result of the exemption of property taxes
levied
in 2016 2017 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 payable to each eligible community college 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 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 the
current
fiscal year 2016-2017 and the next fiscal
year. 2017-2018.
(d) A listing of all debt service obligations, detailed by
project,
anticipated fiscal year 2016-2017 payment of each project,
and total outstanding debt for the current fiscal year.
(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.
(e) (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 its website as required under subsection (1):
(a)
Budgeted current fiscal year 2016-2017 general fund
revenue from tuition and fees.
(b)
Budgeted current fiscal year 2016-2017 general fund
revenue from state appropriations.
(c)
Budgeted current fiscal year 2016-2017 general fund
revenue from property taxes.
(d)
Budgeted current fiscal year 2016-2017 total general fund
revenue.
(e)
Budgeted current fiscal year 2016-2017 total general fund
expenditures.
(5) By November 15 of each year, a community college shall
report the following information to the center and post the
information on its website under the budget transparency icon
badge:
(a) Opportunities for earning college credit through the
following programs:
(i) State approved career and technical education or a tech
prep articulated program of study.
(ii) Direct college credit or concurrent enrollment.
(iii) Dual enrollment.
(iv) An early college/middle college program.
(b) For each program described in subdivision (a) that the
community college offers, all of the following information:
(i) The number of high school students participating in the
program.
(ii) The number of school districts that participate in the
program with the community college.
(iii) Whether a college professor, qualified local school
district employee, or other individual teaches the course or
courses in the program.
(iv) The total cost to the community college to operate the
program.
(v) The cost per credit hour for the course or courses in the
program.
(vi) The location where the course or courses in the program
are held.
(vii) Instructional resources offered to the program
instructors.
(viii) Resources offered to the student in the program.
(ix) Transportation services provided to students in the
program.
Sec.
210b. By March 1, 2017, 2018,
the Michigan Community
College Association and the Michigan Association of State
Universities shall submit a report to the senate and house
appropriations subcommittees on community colleges, the senate and
house
fiscal agencies, and the state budget director that includes
on the activities and programs of the transfer steering committee
since the March 1, 2017 report required under this section,
including all of the following:
(a)
A progress report on the implementation of the Michigan
transfer
agreement developed by the study committee created under
former
section 210a, including an update on progress made on
outstanding
concerns identified in the March 1, 2016 implementation
update.
(b)
A report on improvements to articulation and credit
transfer
policies among and between all sectors of postsecondary
education
in this state. The report shall identify areas of
progress
since the March 1, 2016 report required by former section
210c,
including all of the following:
(i) Identifying effective policies and practices
developed by
other
states.
(ii) Developing specific pathways, where advisable,
that meet
program
requirements for both associate's and bachelor's degree
programs.
(a) the alignment of learning outcomes in gateway mathematics
courses in the quantitative reasoning, college algebra, and
statistics pathways and the transferability of mathematics gateway
courses between and among community colleges and universities.
(b) The development of program-specific, statewide transfer
pathways that meet program requirements for both associate and
bachelor's degree programs.
(c) (iii) Creating The development of an
enhanced online
communication tool to share information about postsecondary options
in
Michigan, particularly clearly articulating course
equivalencies, and transfer pathways that are clearly articulated.
(d) (iv) Establishing The establishment of clear
timelines for
finalizing
developing and implementing transfer pathways.
(e) A progress report on the implementation of the Michigan
transfer agreement.
Sec. 217. (1) The center 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 center the activities
classification structure advisory committee. The committee shall
provide advice to the director of the center 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 center 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 center appointed by the
director of the center.
(e) One representative from the state budget office, appointed
by the state budget director.
(f) One representative from the governor's policy office,
appointed by that office.
(g) Four representatives of the Michigan 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 database described in
subsection (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.
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
center before November 15 of each year. The center shall provide
this information to members of the senate and house appropriations
subcommittees on community colleges, the senate and house fiscal
agencies, the auditor general, the workforce development agency,
the
center, 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". A
community college shall make the information the community college
is required to provide under this section available to the public
on its website.
Sec. 223. (1) 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 community
colleges, and the house and senate fiscal agencies a report on
North
American Indian tuition waivers for the preceding fiscal
academic year that includes, but is not limited to, all of the
following information:
(a) The number of waiver applications received and the number
of waiver applications approved.
(b) For each community college submitting information under
subsection (2), all of the following:
(i) The number of North American Indian students enrolled each
term
for the previous fiscal academic
year.
(ii) The number of North American Indian waivers granted each
term, including continuing education students, and the monetary
value
of the waivers for the previous fiscal academic year.
(iii) The number of students attending under a North American
Indian tuition waiver who withdrew from the college each term
during
the previous fiscal academic
year. For purposes of this
subparagraph, a withdrawal occurs when a student who has been
awarded the waiver withdraws from the institution at any point
during the term, regardless of enrollment in subsequent terms.
(iv) The number of students attending under a North American
Indian tuition waiver who successfully complete a degree or
certificate program, separated by degree or certificate level, and
the graduation rate for students attending under a North American
Indian tuition waiver who complete a degree or certificate within
150% of the normal time to complete, separated by the level of the
degree or certificate.
(2) A community college that receives funds under section 201
shall provide to the department of civil rights any information
necessary for preparing the report described in subsection (1),
using guidelines and procedures developed by the department of
civil rights.
(3) The department of civil rights may consolidate the report
required under this section with the report required under section
268, but a consolidated report must separately identify data for
universities and data for community colleges.
Sec.
224. A community college Using
the data provided by the
community colleges as required under section 219 of this act, the
center shall use the P-20 longitudinal data system to inform
interested Michigan high schools and the public of the aggregate
academic
status of its students for the previous academic year. ,
in
a manner prescribed by The
center shall work with the Michigan
Community College Association and in cooperation with the Michigan
Association of Secondary School Principals. Community colleges
shall cooperate with the center to maintain a systematic approach
for accomplishing this work.
Sec.
225. Each community college shall report to the house and
senate
fiscal agencies, the state budget director, and the center
by
August 31 , 2016, of
each year 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
2016-2017 current 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 2016-2017 current
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 center within 15 days of being adopted. The center shall
provide this information and any revisions to the house and senate
fiscal agencies and the state budget director.
Sec. 226. Each community college shall report to the center
the numbers and type of associate degrees and other certificates
awarded by the community college during the previous fiscal year.
The report shall be made not later than November 15 of each year.
Community colleges shall work with the center to develop a
systematic approach for meeting this requirement using the P-20
longitudinal data system.
Sec. 229. (1) 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 Armed
Forces or is the spouse or
dependent of an individual who has served or is currently serving
in
the United States armed forces, Armed
Forces, in order to more
quickly identify potential educational assistance available to that
applicant.
(2) It is 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, 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 3325.
Sec.
229a. Included in the fiscal year 2016-2017 2017-2018
appropriations for the department of technology, management, and
budget
are appropriations totaling $30,879,600.00 $30,879,600.00 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, $632,500.00.$630,000.00.
(b)
Bay de Noc Community College,$685,100.00.$682,400.00.
(c)
Delta College, $3,360,600.00.$3,347,300.00.
(d)
Glen Oaks Community College, $124,500.00.$124,000.00.
(e)
Gogebic Community College, $56,700.00.$56,400.00.
(f) Grand Rapids Community College,
$2,083,500.00.$2,075,300.00.
(g)
Henry Ford College, $1,040,300.00.$1,036,200.00.
(h)
Jackson College, $2,273,800.00.$2,264,800.00.
(i) Kalamazoo Valley Community College,
$2,030,900.00.$1,957,400.00.
(j)
Kellogg Community College, $526,200.00.$524,100.00.
(k)
Kirtland Community College, $367,300.00.$365,900.00.
(l) Lake Michigan College, $344,100.00.$342,700.00.
(m)
Lansing Community College, $1,154,600.00.$1,150,000.00.
(n)
Macomb Community College, $1,715,700.00.$1,662,100.00.
(o) Mid Michigan Community College,
$1,634,300.00.$1,627,800.00.
(p) Monroe County Community College,
$1,278,100.00.$1,273,000.00.
(q)
Montcalm Community College, $982,600.00.$978,700.00.
(r)
C.S. Mott Community College, $1,497,600.00.$1,817,300.00.
(s)
Muskegon Community College, $623,500.00.$570,500.00.
(t)
North Central Michigan College, $417,900.00.$416,300.00.
(u) Northwestern Michigan College,
$1,320,600.00.$1,315,400.00.
(v)
Oakland Community College, $470,500.00.$468,700.00.
(w)
Schoolcraft College, $1,564,400.00.$1,558,300.00.
(x)
Southwestern Michigan College, $574,800.00.$531,700.00.
(y) St. Clair County Community College,
$360,200.00.$358,800.00.
(z)
Washtenaw Community College, $1,696,000.00.$1,689,300.00.
(aa) Wayne County Community College,
$1,479,400.00.$1,473,600.00.
(bb)
West Shore Community College, $583,900.00.$581,600.00.
Sec. 230. (1) Money included in the appropriations for
community college operations under section 201(2) in fiscal year
2016-2017
2017-2018 for performance funding is distributed based on
the following formula:
(a)
Allocated proportionate to fiscal year 2015-2016 2016-2017
base appropriations, 30%.
(b) Based on a weighted student contact hour formula as
provided for in the 2016 recommendations of the performance
indicators task force, 30%.
(c) Based on the performance improvement as provided for in
the 2016 recommendations of the performance indicators task force,
10%.
(d) Based on the performance completion number as provided for
in the 2016 recommendations of the performance indicators task
force, 10%.
(e) Based on the performance completion rate as provided for
in the 2016 recommendations of the performance indicators task
force, 10%.
(f) Based on administrative costs, 5%.
(g) Based on the local strategic value component, as developed
in cooperation with the Michigan Community College Association and
described in subsection (2), 5%.
(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, 2016, 2017, 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 2015-2016 2016-
2017 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, a high
school equivalency test preparation program and testing, or
recruiting, advising, or orientation activities specific to adults.
As used in this subparagraph, "high school equivalency test
preparation program" means that term as defined in section 4.
(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. 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, 2017,
2018, from the funds indicated in this section. The following is a
summary of the appropriations in this section:
(a)
The gross appropriation is $1,582,640,400.00.
$1,629,224,400.00. After deducting total interdepartmental grants
and intradepartmental transfers in the amount of $0.00, the
adjusted gross appropriation is
$1,582,640,400.00.$1,629,224,400.00.
(b) The sources of the adjusted gross appropriation described
in subdivision (a) are as follows:
(i) Total federal revenues, $101,526,400.00.$111,526,400.00.
(ii) Total local revenues, $0.00.
(iii) Total private revenues, $0.00.
(iv) Total other state restricted revenues,
$237,209,500.00.$238,443,500.00.
(v) State general fund/general purpose money,
$1,243,904,500.00.$1,279,254,500.00.
(2) Amounts appropriated for public universities are as
follows:
(a) The appropriation for Central Michigan University is
$83,925,500.00,
$81,127,100.00 for operations and $2,798,400.00 for
performance
funding.$85,654,400.00,
$83,925,500.00 for operations
and $1,728,900.00 for performance funding.
(b) The appropriation for Eastern Michigan University is
$73,593,800.00,
$71,782,500.00 for operations and $1,811,300.00 for
performance
funding.$75,169,900.00,
$73,593,800.00 for operations
and $1,576,100.00 for performance funding.
(c) The appropriation for Ferris State University is
$52,259,900.00,
$50,369,800.00 for operations and $1,890,100.00 for
performance
funding.$53,595,500.00,
$52,259,900.00 for operations
and $1,335,600.00 for performance funding.
(d) The appropriation for Grand Valley State University is
$68,227,900.00,
$65,275,700.00 for operations and $2,952,200.00 for
performance
funding.$70,100,100.00,
$68,227,900.00 for operations
and $1,872,200.00 for performance funding.
(e) The appropriation for Lake Superior State University is
$13,567,400.00,
$13,207,400.00 for operations and $360,000.00 for
performance
funding.13,775,000.00,
$13,567,400.00 for operations
and $207,600.00 for performance funding.
(f) The appropriation for Michigan State University is
$337,777,800.00,
$268,770,700.00 for operations, $7,091,400.00 for
performance
funding, $33,243,100.00 for MSU AgBioResearch, and
$28,672,600.00
for MSU Extension.$344,404,800.00,
$275,862,100.00
for operations, $5,377,000.00 for performance funding,
$33,913,100.00 for MSU AgBioResearch, and $29,252,600.00 for MSU
Extension.
(g) The appropriation for Michigan Technological University is
$48,097,500.00,
$46,754,700.00 for operations and $1,342,800.00 for
performance
funding.$49,052,200.00, $48,097,500.00
for operations
and $954,700.00 for performance funding.
(h) The appropriation for Northern Michigan University is
$46,279,200.00,
$45,107,700.00 for operations and $1,171,500.00 for
performance
funding.$47,137,400.00,
$46,279,200.00 for operations
and $858,200.00 for performance funding.
(i) The appropriation for Oakland University is
$49,920,700.00,
$48,371,900.00 for operations and $1,548,800.00 for
performance
funding.$51,235,900.00,
$49,920,700.00 for operations
and $1,315,200.00 for performance funding.
(j) The appropriation for Saginaw Valley State University is
$29,114,000.00,
$28,181,200.00 for operations and $932,800.00 for
performance
funding.$29,766,100.00,
$29,114,000.00 for operations
and $652,100.00 for performance funding.
(k) The appropriation for University of Michigan – Ann Arbor
is
$308,639,000.00, $299,975,000.00 for operations and
$8,664,000.00
for performance funding.$314,589,100.00,
$308,639,000.00 for operations and $5,950,100.00 for performance
funding.
(l) The appropriation for University of Michigan – Dearborn is
$24,803,300.00,
$24,033,100.00 for operations and $770,200.00 for
performance
funding.$25,421,900.00,
$24,803,300.00 for operations
and $618,600.00 for performance funding.
(m) The appropriation for University of Michigan – Flint is
$22,549,300.00,
$21,815,400.00 for operations and $733,900.00 for
performance
funding.$23,061,800.00,
$22,549,300.00 for operations
and $512,500.00 for performance funding.
(n) The appropriation for Wayne State University is
$196,064,500.00,
$191,451,300.00 for operations and $4,613,200.00
for
performance funding.$199,169,800.00,
$196,064,500.00 for
operations and $3,105,300.00 for performance funding.
(o) The appropriation for Western Michigan University is
$107,440,900.00,
$104,334,100.00 for operations and $3,106,800.00
for
performance funding.$109,376,800.00,
$107,440,900.00 for
operations and $1,935,900.00 for performance funding.
(3) The amount appropriated in subsection (2) for public
universities is appropriated from the following:
(a) State school aid fund, $231,219,500.00.
(b) State general fund/general purpose money,
$1,231,041,200.00.$1,260,291,200.00.
(4) The amount appropriated for Michigan public school
employees'
retirement system reimbursement is $5,890,000.00,
$6,705,000.00, appropriated from the state school aid fund.
(5) The amount appropriated for state and regional programs is
$315,000.00, appropriated from general fund/general purpose money
and allocated as follows:
(a) Higher education database modernization and conversion,
$200,000.00.
(b) Midwestern Higher Education Compact, $115,000.00.
(6) 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) Subject to subsection (8), the amount appropriated for
grants
and financial aid is $110,983,200.00, $127,583,200.00,
allocated as follows:
(a) State competitive scholarships,
$18,361,700.00.$26,361,700.00.
(b)
Tuition grants, $35,021,500.00.$38,021,500.00.
(c)
Tuition incentive program, $53,000,000.00.$58,300,000.00.
(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 waiver, $300,000.00.
(8) The money appropriated in subsection (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, GEAR-UP
program, $3,200,000.00.
(b) Federal revenues under the social security act, temporary
assistance
for needy families, $98,326,400.00.$108,326,400.00.
(c) Contributions to children of veterans tuition grant
program, $100,000.00.
(d) State general fund/general purpose money,
$9,356,800.00.$15,956,800.00.
(9)
For fiscal year 2016-2017 only, $500,000.00 is
appropriated
for the Michigan State University Diagnostic Center
for
Population and Animal Health, appropriated from state general
fund/general
purpose money.
(9) For fiscal year 2017-2018 only, in addition to the
allocation under subsection (4), from the appropriations described
in subsection (1), there is allocated an amount not to exceed
$419,000.00 for payments to participating public universities,
appropriated from the state school aid fund. A university that
receives money under this subsection shall use that money solely
for the purpose of offsetting the normal cost contribution rate. As
used in this subsection, "participating public universities" means
public universities that are 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 pay contributions to the Michigan public school
employees' retirement system for the state fiscal year.
Sec. 236a. It is the intent of the legislature to provide
appropriations
for the fiscal year ending on September 30, 2018
2019
for the items listed in section 236.
The fiscal year 2017-2018
2018-2019 appropriations are anticipated to be the same as those
for
fiscal year 2016-2017, 2017-2018,
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 2017 2018
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
2016-2017 2017-2018 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
2016-2017 2017-2018 in section 236, appropriations to the
department of technology, management, and budget in the act
providing
general appropriations for fiscal year 2016-2017 2017-
2018 for state building authority rent, totaling an estimated
$144,995,300.00, 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,
$11,819,500.00.$12,570,900.00.
(b)
Eastern Michigan University, $4,868,000.00.$5,177,500.00.
(c)
Ferris State University, $6,260,300.00.$6,658,300.00.
(d) Grand Valley State University,
$6,635,900.00.$7,057,800.00.
(e) Lake Superior State University,
$1,722,800.00.$1,832,400.00.
(f)
Michigan State University, $18,827,000.00.$15,500,500.00.
(g) Michigan Technological University,
$6,793,200.00.$7,225,100.00.
(h)
Northern Michigan University, $9,447,600.00.$7,786,500.00.
(i)
Oakland University, $12,685,900.00.$13,492,400.00.
(j) Saginaw Valley State University,
$10,331,000.00.$10,918,500.00.
(k) University of Michigan - Ann Arbor,
$11,875,600.00.$10,586,200.00.
(l) University of Michigan - Dearborn,
$9,008,800.00.$9,581,500.00.
(m) University of Michigan - Flint,
$4,357,600.00.$4,315,600.00.
(n)
Wayne State University, $15,399,400.00.$16,378,300.00.
(o) Western Michigan University,
$14,962,700.00.$15,913,800.00.
Sec. 236e. (1) Subject to the conditions set forth in this
article and in addition to the amounts appropriated in section 236,
there is appropriated $5,000,000.00 for higher education to
increase the allocation for the tuition incentive program for the
fiscal year ending September 30, 2017. The summary of
appropriations in section 236(1)(a) and (b) for the fiscal year
ending September 30, 2017 is accordingly revised as follows:
(a) The gross appropriation is $1,587,640,400.00. After
deducting total interdepartmental grants and intradepartmental
transfers in the amount of $0.00, the adjusted gross appropriation
is $1,587,640,400.00.
(b) The sources of the adjusted gross appropriation described
in subdivision (a) are as follows:
(i) Total federal revenues, $106,526,400.00.
(ii) Total local revenues, $0.00.
(iii) Total private revenues, $0.00.
(iv) Total other state restricted revenues, $237,209,500.00.
(v) State general fund/general purpose money,
$1,243,904,500.00.
(2) As a result of the appropriation in subsection (1), the
amount appropriated for grants and financial aid for the fiscal
year ending September 30, 2017 in section 236(7) is increased to
$115,983,200.00, and the allocation for the tuition incentive
program in section 236(7)(c) for the fiscal year ending September
30, 2017 is increased to $58,000,000.00.
(3) The money appropriated for the fiscal year ending
September 30, 2017 in section 236(7) for grants and financial aid,
as revised in subsection (2), is appropriated by increasing the
appropriation from federal revenues under the social security act,
temporary assistance for needy families, to $103,326,400.00.
Sec.
237b. As used in this article: , the term "workforce
(a) "Center" means the center for educational performance and
information created in section 94a.
(b) "Workforce development agency" means the workforce
development agency within the department of talent and economic
development--talent investment agency.
Sec. 241. (1) Subject to 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, 2016. 2017.
Except for Wayne State
University,
each institution shall accrue its July and August 2017
2018 payments to its institutional fiscal year ending June 30,
2017.2018.
(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, 2016, 2017,
these data shall be submitted to
the
state budget director by October 15, 2016. 2017. Public
universities
with a fiscal year ending September 30, 2016 2017
shall
submit preliminary HEIDI data by November 15, 2016 2017 and
final
data by December 15, 2016. 2017.
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 By October 15 of
each year, a public university
receiving
funds in section 236 shall cooperate with all measures
taken
by the state to develop, operate, and maintain provide its
longitudinal data system data set for the preceding academic year
to the center for inclusion in 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 241 until he or she finds
the university has complied with this section.
Sec. 245. (1) A public university shall maintain a public
transparency website available through a link on its website
homepage. The public university shall update this website within 30
days after the university's governing board adopts its annual
operating budget for the next academic year, or after the governing
board adopts a subsequent revision to that budget.
(2) The website required under subsection (1) shall include
all of the following concerning the public university:
(a) The annual operating budget and subsequent budget
revisions.
(b) A summary of current expenditures for the most recent
fiscal year for which they are available, expressed as pie charts
in the following 2 categories:
(i) A chart of personnel expenditures, broken into the
following subcategories:
(A) Earnings and wages.
(B) Employee benefit costs, including, but not limited to,
medical, dental, vision, life, disability, and long-term care
benefits.
(C) Retirement benefit costs.
(D) All other personnel costs.
(ii) A chart of all current expenditures the public university
reported as part of its higher education institutional data
inventory data under section 241(2), broken into the same
subcategories in which it reported those data.
(c) Links to all of the following for the public university:
(i) The current collective bargaining agreement for each
bargaining unit.
(ii) Each health care benefits plan, including, but not
limited to, medical, dental, vision, disability, long-term care, or
any other type of benefits that would constitute health care
services, offered to any bargaining unit or employee of the public
university.
(iii) Audits and financial reports for the most recent fiscal
year for which they are available.
(iv) Campus security policies and crime statistics pursuant to
the student right-to-know and campus security act, Public Law 101-
542,
104 Stat. Stat 2381. Information shall include all material
prepared pursuant to the public information reporting requirements
under the crime awareness and campus security act of 1990, title II
of the student right-to-know and campus security act, Public Law
101-542,
104 Stat. Stat 2381.
(d) A list of all positions funded partially or wholly through
institutional general fund revenue that includes the position title
and annual salary or wage amount for each position.
(e) General fund revenue and expenditure projections for the
current fiscal year and the next fiscal year.
(f) A listing of all debt service obligations, detailed by
project, anticipated fiscal year payment for each project, and
total outstanding debt for the current fiscal year.
(g) The institution's policy regarding the transferability of
core college courses between community colleges and the university.
(h) A listing of all community colleges that have entered into
reverse transfer agreements with the university.
(3) On the website required under subsection (1), a public
university shall provide a dashboard or report card demonstrating
the university's performance in several "best practice" measures.
The dashboard or report card shall include at least all of the
following for the 3 most recent academic years for which the data
are available:
(a) Enrollment.
(b) Student retention rate.
(c) Six-year graduation rates.
(d) Number of Pell grant recipients and graduating Pell grant
recipients.
(e) Geographic origination of students, categorized as in-
state, out-of-state, and international.
(f) Faculty to student ratios and total university employee to
student ratios.
(g) Teaching load by faculty classification.
(h) Graduation outcome rates, including employment and
continuing education.
(4) For statewide consistency and public visibility, public
universities must use the icon badge provided by the department of
technology, management, and budget consistent with the icon badge
developed by the department of education for K-12 school districts.
It must appear on the front of each public university's homepage.
The size of the icon may be reduced to 150 x 150 pixels. The font
size and style for this reporting must be consistent with other
documents on each university's website.
(5) The state budget director shall determine whether a public
university has complied with this section. The state budget
director may withhold a public university's monthly installments
described in section 241 until the public university complies with
this section.
(6) By November 15 of each year, a public university shall
report
the following information to the center for educational
performance
and information and post the
information on its website
under the budget transparency icon badge:
(a) Opportunities for earning college credit through the
following programs:
(i) State approved career and technical education or a tech
prep articulated program of study.
(ii) Direct college credit or concurrent enrollment.
(iii) Dual enrollment.
(iv) An early college/middle college program.
(b) For each program described in subdivision (a) that the
public university offers, all of the following information:
(i) The number of high school students participating in the
program.
(ii) The number of school districts that participate in the
program with the public university.
(iii) Whether a university professor, qualified local school
district employee, or other individual teaches the course or
courses in the program.
(iv) The total cost to the public university to operate the
program.
(v) The cost per credit hour for the course or courses in the
program.
(vi) The location where the course or courses in the program
are held.
(vii) Instructional resources offered to the program
instructors.
(viii) Resources offered to the student in the program.
(ix) Transportation services provided to students in the
program.
Sec. 249. (1) The funds appropriated in section 236 for the
children of veterans and officer's survivor tuition grant programs
shall be supported with revenue from the restricted account created
in section 5 of the children of veterans tuition grant act, 2005 PA
248, MCL 390.1345. As provided in section 5 of the children of
veterans tuition grant act, 2005 PA 248, MCL 390.1345, unexpended
funds remaining in the restricted account at the end of the fiscal
year shall not lapse to the general fund.
(2) The general fund/general purpose funds appropriated in
section 236 for the children of veterans and officer's survivor
tuition grant programs shall be deposited into the restricted
account described in subsection (1), as required in section 5 of
the children of veterans tuition grant act, 2005 PA 248, MCL
390.1345.
(3) Funds deposited into the restricted account under
subsection (2) for the children of veterans and officer's survivor
tuition grant programs are appropriated and available for
allocation as required in the children of veterans tuition grant
act, 2005 PA 248, MCL 390.1341 to 390.1346.
Sec. 250. To be considered eligible for any scholarship or
grant financial aid program administered by the department of
treasury, the student must file the Free Application for Federal
Student Aid (FAFSA) annually.
Sec. 251. (1) Payments of the amounts included in section 236
for the state competitive scholarship program shall be distributed
pursuant to 1964 PA 208, MCL 390.971 to 390.981.
(2) Pursuant to section 6 of 1964 PA 208, MCL 390.976, the
department of treasury shall determine an actual maximum state
competitive scholarship award per student, which shall be not less
than
$575.00, $1,000.00, that ensures that the aggregate payments
for the state competitive scholarship program do not exceed the
appropriation contained in section 236 for the state competitive
scholarship program. If the department determines that insufficient
funds are available to establish a maximum award amount equal to at
least
$575.00, $1,000.00, 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 $575.00 $1,000.00
maximum award amount.
(3) The department of treasury shall implement a proportional
competitive scholarship maximum award level for recipients enrolled
less than full-time in a given semester or term.
(4) If a student who receives an award under this section has
his or her tuition and fees paid under the Michigan educational
trust program, pursuant to the Michigan education trust act, 1986
PA 316, MCL 390.1421 to 390.1442, and still has financial need, the
funds awarded under this section may be used for educational
expenses other than tuition and fees.
(5) 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.
(6) Veterans Administration benefits shall not be considered
in determining eligibility for the award of scholarships under 1964
PA 208, MCL 390.971 to 390.981.
(7) Any unexpended and unencumbered funds remaining on
September 30, 2018 from the amounts appropriated in section 236 for
the state competitive scholarship program for fiscal year 2017-2018
do not lapse on September 30, 2018, but continue to be available
for the expenditure for state competitive scholarships provided in
the 2018-2019 fiscal year under a work project account. The use of
these unexpended fiscal year 2017-2018 funds terminates at the end
of the 2018-2019 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.2017 for the
2017-2018 academic year. Beginning
with the 2018-2019 academic year, tuition grant awards shall be
made to all eligible Michigan residents enrolled in undergraduate
degree programs who are qualified and who apply before March 1 of
each year for the next academic year.
(3) Beginning with the 2018-2019 academic year, a tuition
grant may be renewed for not more than 10 semesters or its
equivalent in trimesters or quarters of undergraduate education, or
if an eligible applicant has not completed using the grant within
10 years after his or her eligibility is determined, whichever
occurs first. The department shall determine an equivalent to 10
semesters or its equivalent in trimesters or quarters of
undergraduate education for less than full-time but more than half-
time students.
(4) (3)
Pursuant to section 5 of 1966 PA
313, MCL 390.995, and
subject
to subsections (7) (8) and (8), (9), the department of
treasury shall determine an actual maximum tuition grant award per
student,
which shall be no less than $1,512.00, $2,000.00, 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, $2,000.00,
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
$2,000.00 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, $2,000.00,
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
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.
(5) (4)
Any unexpended and unencumbered
funds remaining on
September
30, 2017 2018 from the amounts appropriated in section
236
for the tuition grant program for fiscal year 2016-2017 shall
2017-2018
do not lapse on September 30, 2017, 2018, but
shall
continue to be available for expenditure for tuition grants
provided
in the 2017-2018 2018-2019
fiscal year under a work
project
account. The use of these unexpended fiscal year 2016-2017
2017-2018
funds shall terminate terminates at the end of the 2017-
2018
2018-2019 fiscal year.
(6) (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.
(7) (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.
(8) (7)
Except as provided in subsection (4),
(5), the
department
of treasury shall not award more than $3,200,000.00
$3,500,000.00 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.
(9) (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
September
30 October 31 of each year, all of the following:
(a) The number of students in the most recently completed
academic year 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 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 who in any academic year received a Pell grant at the
reporting institution and successfully completed a program or
graduated.
(10) (9)
By February 1, 2017, 2018, 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. 254. The sums appropriated in section 236 for the state
competitive scholarship, tuition incentive, and tuition grant
programs shall be paid out of the state treasury and shall be
distributed to the respective institutions under a quarterly
payment system as follows:
(a) For the state competitive scholarship and tuition grant
programs, 50% shall be paid at the beginning of the state's first
fiscal quarter, 30% during the state's second fiscal quarter, 10%
during the state's third fiscal quarter, and 10% during the state's
fourth fiscal quarter.
(b)
For the tuition incentive program, 55% 65% shall be paid
at
the beginning of the state's first fiscal quarter, 40% and 35%
during
the state's second fiscal quarter.
, and 5% during the
state's
third fiscal quarter.
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. Students must be enrolled in a certificate or
associate degree program and taking classes within the program of
study for a certificate or associate degree. Tuition will not be
covered for courses outside of a certificate or associate degree
program.
(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.
(d) "High school equivalency certificate" means that term as
defined in section 4.
(3) An individual shall meet the following basic criteria and
financial thresholds to be eligible for tuition incentive program
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
achieving a high school equivalency 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 achieves a high school equivalency certificate or,
for students attending a 5-year middle college approved by the
Michigan department of education, be less than 21 years of age when
he or she graduates from high school.
(iii) Be a United States citizen and a resident of Michigan
this state 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 achievement
of a high school equivalency certificate. All program eligibility
expires 6 years from high school graduation or achievement of a
high school equivalency certificate.
(v) Request information on filing a FAFSA.
(v) (vi) 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 this state of Michigan for 24 months within the 36
consecutive 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 consecutive 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) Beginning in fiscal year 2017-2018, the department shall
not award more than $8,500,000.00 annually in tuition incentive
program funds to eligible students enrolled in the same college or
university in this state.
(5) For phase I, the department shall provide payment on
behalf of a person eligible under subsection (3). The department
shall only accept standard per-credit hour tuition billings and
shall reject billings that are excessive or outside the guidelines
for the type of educational institution.
(6) 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 fiscal year 2017-2018, for persons enrolled at a
Michigan public university, the department shall pay lower division
resident tuition and mandatory fees for the current year. Beginning
in fiscal year 2018-2019, for persons enrolled at a Michigan public
university, the department shall pay mandatory fees for the current
year and a per-credit payment that does not exceed 3 times the
average community college in-district per-credit tuition rate as
reported on August 1 for the immediately preceding academic 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
(12) Any unexpended and unencumbered funds remaining on
September 30, 2018 from the amounts appropriated in section 236 for
the tuition incentive program for fiscal year 2017-2018 do not
lapse on September 30, 2018, but continue to be available for
expenditure for tuition incentive program funds provided in the
2018-2019 fiscal year under a work project account. The use of
these unexpended fiscal year 2017-2018 funds terminates at the end
of the 2018-2019 fiscal year.
(13) The department of treasury shall collaborate with the
center to use the P-20 longitudinal data system to report the
following information for each qualified postsecondary institution:
(a) The number of phase I students in the most recently
completed academic year who in any academic year received a tuition
incentive program award and who successfully completed a degree or
certificate program. Cohort graduation rates for phase I students
shall be calculated using the established success rate methodology
developed by the center in collaboration with the postsecondary
institutions.
(b) The number of students in the most recently completed
academic year who in any academic year received a Pell grant at the
reporting institution and who successfully completed a degree or
certificate program. Cohort graduation rates for students who
received Pell grants shall be calculated using the established
success rate methodology developed by the center in collaboration
with the postsecondary institutions.
(14) If a qualified postsecondary institution does not report
the data necessary to comply with subsection (13) to the P-20
longitudinal data system, the institution shall report, in a form
and manner satisfactory to the department of treasury and the
center, all of the information needed to comply with subsection
(13) by December 1, 2017.
(15) Beginning in fiscal year 2018-2019, if a qualified
postsecondary institution does not report the data necessary to
complete the reporting in subsection (13) to the P-20 longitudinal
data system by October 15 for the prior academic year, the
department of treasury shall not award phase I tuition incentive
program funding to otherwise eligible students enrolled in that
institution until the data are submitted.
Sec. 263. (1) Included in the appropriation in section 236 for
fiscal
year 2016-2017 2017-2018 for MSU AgBioResearch is
$2,982,900.00 and included in the appropriation in section 236 for
MSU Extension is $2,645,200.00 for Project GREEEN. Project GREEEN
is intended to address critical regulatory, food safety, economic,
and environmental problems faced by this state's plant-based
agriculture, forestry, and processing industries. "GREEEN" is an
acronym for Generating Research and Extension to Meet Environmental
and Economic Needs.
(2) The department of agriculture and rural development and
Michigan State University, in consultation with agricultural
commodity groups and other interested parties, shall develop
Project GREEEN and its program priorities.
Sec. 263a. (1) Not later than September 30 of each year,
Michigan State University shall submit a report on MSU
AgBioResearch and MSU Extension to the house and senate
appropriations subcommittees on agriculture and on higher
education, the house and senate standing committees on agriculture,
the house and senate fiscal agencies, and the state budget director
for the preceding 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 identified by state, local, private, federal, and
university fund sources.
(b) The metric goals that were used to evaluate the impacts of
programs operated by MSU Extension and MSU AgBioResearch. The
following metric goals will be used to evaluate the impacts of
those programs:
(i) Increasing the number of agriculture and food-related
firms collaborating with and using services of research and
extension faculty and staff by 3% per year.
(ii) Increasing the number of individuals utilizing MSU
Extension's educational services by 5% per year.
(iii) Increasing external funds generated in support of
research and extension, beyond state appropriations, by 10% over
the amounts generated in the past 3 state fiscal years.
(iv) Increasing the sector's total economic impact to at least
$100,000,000,000.00.$125,000,000,000.00.
(v) Increasing Michigan's agricultural exports to at least
$3,500,000,000.00.$4,250,000,000.00.
(vi) Increasing jobs in the food and agriculture sector
by
10%.
(vi) (vii) Improving
access by Michigan consumers to healthy
foods by 20%.
(c) A review of major programs within both MSU AgBioResearch
and MSU Extension with specific reference to accomplishments,
impacts, and the metrics described in subdivision (b), including a
specific accounting of Project GREEEN expenditures and the impact
of those expenditures.
Sec. 264. Included in the appropriation in section 236 for
fiscal
year 2016-2017 2017-2018 for Michigan State University is
$80,000.00 for the Michigan Future Farmers of America Association.
This $80,000.00 allocation shall not supplant any existing support
that Michigan State University provides to the Michigan Future
Farmers of America Association.
Sec. 265. (1) Payments under section 265a for performance
funding shall only be made to a public university that certifies to
the
state budget director by August 31, 2016 2017 that its board
did not adopt an increase in tuition and fee rates for resident
undergraduate
students after September 1, 2015 2016 for the 2015-
2016
2016-2017 academic year and that its board will not adopt an
increase in tuition and fee rates for resident undergraduate
students
for the 2016-2017 2017-2018
academic year that is greater
than
4.2%. 3.8% or $475.00,
whichever is greater. As used in this
subsection:
(a) "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, as described in the
higher education institutional data inventory (HEIDI) user manual.
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 2016-2017
2017-2018 academic year to exceed the limit established in this
subsection.
(b) "Tuition and fee rate" means the average of full-time
rates paid by a majority of students in each undergraduate class,
based on an unweighted average of the rates authorized by the
university board and actually charged to students, deducting any
uniformly rebated or refunded amounts, for the 2 semesters with the
highest levels of full-time equated resident undergraduate
enrollment during the academic year, as described in the higher
education institutional data inventory (HEIDI) user manual.
(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.
(3) Universities that exceed the tuition and fee rate cap
described in subsection (1) shall not receive a planning or
construction authorization for a state-funded capital outlay
project
in fiscal year 2017-2018 2018-2019
or fiscal year 2018-
2019.2019-2020.
(4) Notwithstanding any other provision of this act, the
legislature may at any time adjust appropriations for a university
that adopts an increase in tuition and fee rates for resident
undergraduate students that exceeds the rate cap established in
subsection (1).
Sec. 265a. (1) Appropriations to public universities in
section
236 for fiscal year 2016-2017 2017-2018
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, 2016 2017
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.
(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 actively participates in and submits timely
updates to the Michigan Transfer Network created as part of the
Michigan Association of Collegiate Registrars and Admissions
Officers transfer agreement.
(2) Any performance funding amounts under section 236 that are
not paid to a public university because it did not comply with 1 or
more requirements under subsection (1) are unappropriated and
reappropriated for performance funding to those public universities
that meet the requirements under subsection (1), distributed in
proportion to their performance funding appropriation amounts under
section 236.
(3) The state budget director shall report to the house and
senate appropriations subcommittees on higher education and the
house
and senate fiscal agencies by September 30, 2016, 2017,
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%.
(b) Based on weighted undergraduate completions in critical
skills areas, 11.1%.
(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)
doctoral universities:
moderate research activity,
doctoral universities: higher research activity, or doctoral
universities: highest research activity only, 5.6%.
(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%.
(5) For purposes of determining the score of a university
under subsection (4)(d), each university is assigned 1 of the
following scores:
(a) A university classified as in the top 20%, a score of 3.
(b) A university classified as above national median, a score
of 2.
(c) A university classified as improving, a score of 2. It is
the
intent of the legislature that, beginning in the 2017-2018
2018-2019 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) As used in this section, "Carnegie classification" means
the basic classification of the university according to the most
recent
version prior to February 1, 2016 of the Carnegie
classification of institutions of higher education, published by
the Carnegie Foundation for the Advancement of Teaching.
(7) It is the intent of the legislature to allocate more
funding based on performance metrics in future years.
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 2016-2017 2017-2018 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 2016-2017
2017-2018 tuition and fee charges to HEIDI within 15 days of being
adopted.
Sec.
268. (1) For the fiscal year ending September 30, 2017,
2018, 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(7)(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 proportionate to each institution's shortfall as
a percentage of its fiscal year 2017-2018 state appropriation for
operations.
(3) (2)
By February 15 of each year, the
department of civil
rights shall annually submit to the state budget director, the
house and senate appropriations subcommittees on higher education,
and the house and senate fiscal agencies a report on North American
Indian
tuition waivers for the preceding fiscal academic year that
includes, but is not limited to, all of the following information:
(a) The number of waiver applications received and the number
of waiver applications approved.
(b) For each university submitting information under
subsection
(3), (4), all of the following:
(i) The number of graduate and undergraduate North American
Indian
students enrolled each term for the previous fiscal academic
year.
(ii) The number of North American Indian waivers granted each
term, including to continuing education students, and the monetary
value
of the waivers for the previous fiscal academic year.
(iii) The number of graduate and undergraduate students
attending under a North American Indian tuition waiver who withdrew
from
the university each term during the previous fiscal academic
year. For purposes of this subparagraph, a withdrawal occurs when a
student who has been awarded the waiver withdraws from the
institution at any point during the term, regardless of enrollment
in subsequent terms.
(iv) The number of graduate and undergraduate students
attending under a North American Indian tuition waiver who
successfully complete a degree or certificate program, separated by
degree or certificate level, and the graduation rate for graduate
and undergraduate students attending under a North American Indian
tuition waiver who complete a degree or certificate within 150% of
the normal time to complete, separated by the level of the degree
or certificate.
(4) (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), (3),
using guidelines and procedures developed by the department of
civil rights.
(5) (4)
The department of civil rights may
consolidate the
report required under this section with the report required under
section 223, but a consolidated report must separately identify
data for universities and data for community colleges.
Sec.
269. For fiscal year 2016-2017, 2017-2018,
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 2016-2017, 2017-2018,
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 health and human services by December 1, 2016
2017 that includes all of the following:
(a) Documentation that the organization conducting human
embryonic stem cell derivation is conducting its activities in
compliance with the requirements of section 27 of article I of the
state constitution of 1963 and all relevant National Institutes of
Health guidelines pertaining to embryonic stem cell derivation.
(b) A list of all human embryonic stem cell lines submitted by
the organization to the National Institutes of Health for inclusion
in the Human Embryonic Stem Cell Registry before and during fiscal
year
2015-2016, 2016-2017, and the status of each submission as
approved, pending approval, or review completed but not yet
accepted.
(c) Number of human embryonic stem cell lines derived and not
submitted for inclusion in the Human Embryonic Stem Cell Registry,
before
and during fiscal year 2015-2016.2016-2017.
Sec.
274c. By February 1, 2017, 2018,
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. 274d. By October 31, 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 its annual
title IX report, also known as the student sexual misconduct
report, issued by the title IX coordinator, as required under the
federal campus save act of 2013, Public Law 113-4, section 304,
127, Stat 54, 89-92 (2013).
Sec.
275. (1) It is the intent of the legislature that each
Each public university that receives an appropriation in section
236 shall do all of the following:
(a) Meet the provisions of section 5003 of the post-911
veterans
educational assistance act of 2008, 38 USC 3301 to 3325,
3327, including voluntary participation in the Yellow Ribbon GI
Education Enhancement Program established in that act in 38 USC
3317. By October 1 of each year, each public university shall
report to the house and senate appropriations subcommittees on
higher education, the house and senate fiscal agencies, and the
Michigan Association of State Universities on whether or not it has
chosen to participate in the Yellow Ribbon GI Education Enhancement
Program. If at any time during the fiscal year a university
participating in the Yellow Ribbon Program chooses to leave the
Yellow Ribbon Program, it shall notify the house and senate
appropriations subcommittees on higher education, the house and
senate fiscal agencies, and the Michigan Association of State
Universities.
(b) Establish an on-campus veterans' liaison to provide
information and assistance to all student veterans.
(c) Provide flexible enrollment application deadlines for all
veterans.
(d) Include in its admission application process a specific
question as to whether an applicant for admission is a veteran, an
active member of the military, a member of the National Guard or
military reserves, or the spouse or dependent of a veteran, active
member of the military, or member of the National Guard or military
reserves, in order to more quickly identify potential educational
assistance available to that applicant.
(e) Consider all veterans residents of this state for
determining their tuition rates and fees.
(f) Waive enrollment fees for all veterans.
(2) By October 1 of each year, each public university shall
report to the house and senate appropriations subcommittees on
higher education, the house and senate fiscal agencies, and the
department of military and veterans affairs regarding services
provided specifically to veterans and active military duty
personnel, including, but not limited to, the services described in
subsection (1).
(3) 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 3325.3327.
Sec. 275c. Each university receiving funds under section 236
shall provide students with materials containing information about
meningococcal meningitis and the vaccine for meningococcal
meningitis, as provided by the department of health and human
services pursuant to section 9205a of the public health code, 1978
PA 368, MCL 333.9205a. The materials shall contain information
about, at a minimum, the causes and symptoms of meningococcal
meningitis, how it is spread, and sources where students may obtain
additional information about meningococcal meningitis and where
they may obtain vaccination against meningococcal meningitis.
Sec. 276. (1) Included in the appropriation for fiscal year
2016-2017
2017-2018 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
2016-2017
2017-2018 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 2016-
2017
2017-2018 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 2016-
2017
2017-2018 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
2016-2017
2017-2018 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
2016-2017
2017-2018 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
2016-2017
2017-2018 under section 278, 279, or 281 shall notify
provide
to the workforce development agency by
April 15, 2017 as to
whether
it will expend by the end of its fiscal year the funds
received
under section 278, 279, or 281. 2018
the unobligated and
unexpended funds as of March 31, 2018 and a plan to expend the
remaining funds by the end of the fiscal year. 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 Using
the data provided to
the center as required by section 244 of this act, the center shall
use the P-20 longitudinal data system to inform interested Michigan
high schools and the public regarding the aggregate academic status
of
its students. from each high school in a manner prescribed by
The center shall work with the universities and the Michigan
Association of State Universities and in cooperation with the
Michigan
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 in cooperation with the Michigan
Association of State Universities.
Sec.
284. From the amount appropriated in section 236, the
public
universities Using data
provided to the center as required
by section 244 of this act, the center shall use the P-20
longitudinal data system to inform Michigan community colleges
regarding the academic status of community college transfer
students. in
a manner prescribed by The
center shall work with the
universities and the Michigan Association of State Universities in
cooperation
with the Michigan 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.
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 state school aid under article I of the state
school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, as
amended by 2016 PA 249 and this amendatory act, for fiscal year
2016-2017 is estimated at $12,320,744,400.00, and state
appropriations for school aid to be paid to local units of
government for fiscal year 2016-2017 are estimated at
$12,158,829,600.00. In accordance with section 30 of article IX of
the state constitution of 1963, total state spending from state
sources on school aid 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, for fiscal year 2017-2018 is estimated at
$12,853,230,400.00, and state appropriations for school aid to be
paid to local units of government for fiscal year 2017-2018 are
estimated at $12,677,072,800.00.
(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 2017-2018 under article II of
the state school aid act of 1979, 1979 PA 94, MCL 388.1801 to
388.1830, is estimated at $399,326,500.00 and the amount of that
state spending from state sources to be paid to local units of
government for fiscal year 2017-2018 is estimated at
$399,326,500.00.
(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 2017-2018 under article III of the
state school aid act of 1979, 1979 PA 94, MCL 388.1836 to 388.1891,
is estimated at $1,517,698,000.00 and the amount of that state
spending from state sources to be paid to local units of government
for fiscal year 2017-2018 is estimated at $0.00.
Enacting section 2. Sections 11o, 11r, 20g, 21, 21g, 31c, 31h,
63, 210e, 236e, and 286a of the state school aid act of 1979, 1979
PA 94, MCL 388.1611o, 388.1611r, 388.1620g, 388.1621, 388.1621g,
388.1631c, 388.1631h, 388.1663, 388.1810e, 388.1836e, and
388.1886a, are repealed effective October 1, 2017.
Enacting section 3. (1) Except as otherwise provided in
subsection (2), this amendatory act takes effect October 1, 2017.
(2) Sections 11, 11m, 11r, 11s, 15, 20g, 21, 22a, 22b, 22g,
26a, 31f, 39a, 51a, 51c, 51d, 56, 61b, 62, 94a, and 152b of the
state school aid act of 1979, 1979 PA 94, MCL 388.1611, 388.1611m,
388.1611r, 388.1611s, 388.1615, 388.1620g, 388.1621, 388.1622a,
388.1622b, 388.1622g, 388.1626a, 388.1631f, 388.1639a, 388.1651a,
388.1651c, 388.1651d, 388.1656, 388.1661b, 388.1662, 388.1694a, and
388.1752b, as amended by this amendatory act, and sections 99c,
99r, and 236e of the state school aid act of 1979, 1979 PA 94, MCL
388.1699c, 388.1699r, and 388.1836e, as added by this amendatory
act, take effect upon enactment of this amendatory act.