March 22, 2018, Introduced by Rep. Cox and referred to the Committee on Appropriations.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 6, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 19, 20, 20d, 20f, 20m,
21f, 21h, 22a, 22b, 22d, 22m, 22n, 24, 24a, 24c, 25e, 25f, 25g, 26a, 26b, 26c, 31a,
31d, 31f, 32d, 32p, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 56, 61a, 61b, 62,
64b, 67, 74, 81, 94, 94a, 98, 99h, 99r, 99s, 104c, 107, 147, 147a, 147b, 147c, 147e,
152a, 160, 163, 166b, 201, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 226, 229a, 236,
236b, 236c, 241, 242, 245, 252, 256, 263, 264, 265, 265a, 267, 268, 269, 270, 274c,
276, 277, 278, 279, 280, 281, 282, 289, and 296 (MCL 388.1606, 388.1611, 388.1611a,
388.1611j, 388.1611k, 388.1611m, 388.1611s, 388.1615, 388.1618, 388.1619, 388.1620,
388.1620d, 388.1620f, 388.1620m, 388.1621f, 388.1621h, 388.1622a, 388.1622b,
388.1622d, 388.1622m, 388.1622n, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f,
388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 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, 388.1662,
388.1664b, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699h,
388.1699r, 388.1699s, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c,
388.1747e, 388.1752a, 388.1760, 388.1763, 388.1766b, 388.1801, 388.1806, 388.1807a,
388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1817, 388.1825, 388.1826, 388.1829a,
388.1836, 388.1836b, 388.1836c, 388.1841, 388.1842, 388.1845, 388.1852, 388.1856,
388.1863, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870,
388.1874c, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882,
388.1889, and 388.1896) sections 6, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f,
20m, 22a, 22b, 22d, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41,
51a, 51c, 51d, 53a, 54, 54b, 56, 61a, 61b, 62, 64b, 67, 74, 81, 94, 94a, 98, 99s, 147,
147b, 147c, 152a, 201, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 226, 229a, 236,
236b, 236c, 241, 245, 252, 256, 263, 264, 265, 265a, 267, 268, 269, 270, 274c, 276,
277, 278, 279, 280, 281, and 282 as amended and 21h, 22m, 22n, 147e, and 160 as added
by 2017 PA 108, sections 11, 21f, 25e, 31a, 32d, 35a, 99h, 99r, 104c, 107, 147a, and
166b as amended by 2017 PA 143, section 19 as amended by 2016 PA 533, section 163 as
amended by 2015 PA 85, section 242 as amended by 2012 PA 201, section 289 as amended
by 2013 PA 60, section 296 as added by 2011 PA 62, and by adding sections 23f, 54c,
54d, 61d, 210e, and 265b; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE I
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, 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, "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 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. 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, or an intermediate district:
(a) Except as otherwise provided in this subsection, and pursuant to subsection
(6), a pupil shall be counted in membership in the pupil's educating district or
districts. An individual pupil shall not be counted for more than a total of 1.0 full-
time equated membership.
(b) If a pupil is educated in a district other than the pupil's district of
residence, if the pupil is not being educated as part of a cooperative education
program, if the pupil's district of residence does not give the educating district its
approval to count the pupil in membership in the educating district, and if the pupil
is not covered by an exception specified in subsection (6) to the requirement that the
educating district must have the approval of the pupil's district of residence to
count the pupil in membership, the pupil shall not be counted in membership in any
district.
(c) A special education pupil educated by the intermediate district shall be
counted in membership in the intermediate district.
(d) A pupil placed by a court or state agency in an on-grounds program of a
juvenile detention facility, a child caring institution, or a mental health
institution, or a pupil funded under section 53a, shall be counted in membership in
the district or intermediate district approved by the department to operate the
program.
(e) A pupil enrolled in the Michigan Schools for the Deaf and Blind shall be
counted in membership in the pupil's intermediate district of residence.
(f) A pupil enrolled in a career and technical education program supported by a
millage levied over an area larger than a single district or in an area vocational-
technical education program established pursuant to section 690 of the revised school
code, MCL 380.690, shall be counted only in the pupil's district of residence.
(g) A pupil enrolled in a public school academy shall be counted in membership in
the public school academy.
(h) 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, 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) 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. 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 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 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 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 provides instruction for at least 1/2 of the
class hours required under section 101, the public school academy 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
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 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.
(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 that has pupils enrolled in a grade
level that was not offered by the district or public school academy 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 within 45 days after the pupil membership count day, the
department shall adjust the district's pupil count for the pupil membership count day
to include the pupil in the count.
(w) For a public school academy that has been in operation for at least 2 years
and that suspended operations for at least 1 semester and is resuming operations,
membership is the sum of the product of .90 times the number of full-time equated
pupils in grades K to 12 actually enrolled and in regular daily attendance on the
first pupil membership count day or supplemental count day, whichever is first,
occurring after operations resume, plus the product of .10 times the final audited
count from the most recent pupil membership count day or supplemental count day that
occurred before suspending operations, as determined by the superintendent.
(x) If a district's membership for a particular fiscal year, as otherwise
calculated under this subsection, would be less than 1,550 pupils and the district has
4.5 or fewer pupils per square mile, as determined by the department, and if the
district does not receive funding under section 22d(2), the district's membership
shall be considered to be the membership figure calculated under this subdivision. If
a district educates and counts in its membership pupils in grades 9 to 12 who reside
in a contiguous district that does not operate grades 9 to 12 and if 1 or both of the
affected districts request the department to use the determination allowed under this
sentence, the department shall include the square mileage of both districts in
determining the number of pupils per square mile for each of the districts for the
purposes of this subdivision. The membership figure calculated under this subdivision
is the greater of the following:
(i) The average of the district's membership for the 3-fiscal-year period ending
with that fiscal year, calculated by adding the district's actual membership for each
of those 3 fiscal years, as otherwise calculated under this subsection, and dividing
the sum of those 3 membership figures by 3.
(ii) The district's actual membership for that fiscal year as otherwise
calculated under this subsection.
(y) Full-time equated memberships for special education pupils who are not
enrolled in kindergarten but are enrolled in a classroom program under R 340.1754 of
the Michigan Administrative Code shall be determined by dividing the number of class
hours scheduled and provided per year by 450. Full-time equated memberships for
special education pupils who are not enrolled in kindergarten but are receiving early
childhood special education services under R 340.1755 or R 340.1862 of the Michigan
Administrative Code shall be determined by dividing the number of hours of service
scheduled and provided per year per-pupil by 180.
(z) A pupil of a district that begins its school year after Labor Day 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 or public school academy 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.
(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 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
other public school academy receives the same amount of membership aid for the pupil
as if the pupil were counted in the district or 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.
(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 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 1 to 12 in accordance with
section 166b.
(b) A pupil receiving 1/2 or less of his or her instruction in a district other
than the pupil's district of residence.
(c) A pupil enrolled in a public school academy.
(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, intermediate district, or public school
academy 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 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 AN INDIVIDUAL
WORKING
UNDER A VALID substitute teacher PERMIT, AUTHORIZATION, OR APPROVAL ISSUED BY THE
DEPARTMENT 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
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
this article.
Sec. 11. (1) 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 $12,069,644,300.00 from the state school aid fund, the sum of
$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, 2019,
there is
appropriated for the public schools of this state and certain other state purposes
relating to education the sum of $12,547,270,300.00
$12,762,325,200.00 from the state
school aid fund, the sum of $215,000,000.00
$45,000,000.00 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 $31,900,000.00 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
available federal funds are appropriated each
fiscal year for the fiscal years YEAR ending September 30, 2017 and September
30, 2018
2019.
(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, 2018-2019 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 $125,500,000.00 for 2017-2018 2018-2019 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 2017-2018, 2018-2019, 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 2016-2017
an amount not to exceed $5,500,000.00 and there
is allocated for 2017-2018 2018-2019
an amount not to exceed $6,500,000.00 $24,000,000.00 for fiscal year
cash-flow
borrowing costs solely related to the state school aid fund established by section 11
of article IX of the state constitution of 1963.
Sec. 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
$3,230,000.00 for 2017-2018 2018-2019 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 2 3
fiscal
years under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421, AND FOR
THE DEPARTMENT TO IMPLEMENT AND ADMINISTER GRANTS AWARDED FOR, OR TO PROVIDE SERVICES
FOR THESE CHILDREN. From the funding appropriated in section 11, there is allocated
for each fiscal year for 2016-2017
and for 2017-2018 2018-2019 $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
2 3
fiscal years and that has at least 4,500 pupils in membership for the 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 $2,375,000.00 for 2017-2018 2018-2019 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 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. 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) 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.
(3) (6) For 2017-2018, 2018-2019, 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).
(4) (7) 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 FISCAL YEAR 2018-2019 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.
(5) (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 9 4 years for the adjustment and may advance
payments to the
district otherwise authorized under this article if the district would otherwise
experience a significant hardship in satisfying
its financial obligations. 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.
© 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.
(6) (7) In addition to funds appropriated in section 11 for all
programs and
services, there is appropriated for 2017-2018 2018-2019 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: VISUAL DISPLAYS
(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 CENTER the special education actual cost report, known
as
"SE-4096", on a form and in the
manner prescribed by the department CENTER.
(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), AND (12) 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), AND (12). If the district or intermediate
district
does not comply with subsections (4), (5), (6),
and (7), AND (12) 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) By November 1 of each year, if a district or intermediate district offers
virtual learning under section 21f, OR FOR A SCHOOL OF EXCELLENCE THAT IS A CYBER
SCHOOL, AS DEFINED IN SECTION 551 OF THE REVISED SCHOOL CODE, 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 AND VIRTUAL LEARNING
MODEL. The report shall include at least all of the following information
concerning
the operation of virtual learning for the
immediately preceding school fiscal year:
YEAR, INCLUDING INFORMATION CONCERNING SUMMER PROGRAMMING. INFORMATION SHALL BE
COLLECTED IN A FORM AND MANNER AS DETERMINED BY THE DEPARTMENT AND SHALL BE COLLECTED
IN THE MOST EFFICIENT MANNER POSSIBLE IN ORDER TO REDUCE THE ADMINISTRATIVE BURDEN ON
REPORTING ENTITIES.
(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) By March 31 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 OR VIRTUAL COURSES PROVIDED
BY A SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL, AS DEFINED IN SECTION 551 OF THE
REVISED SCHOOL CODE, MCD 380.551.
(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 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. 19. (1) A district or intermediate district shall comply with all applicable
reporting requirements specified in state and federal law. Data provided to the
center, in a form and manner prescribed by the center, shall be aggregated and
disaggregated as required by state and federal law. In addition, a district or
intermediate district shall cooperate with all measures taken by the center to
establish and maintain a statewide P-20 longitudinal data system.
(2) Each district shall furnish to the center not later than 5 weeks after the
pupil membership count day and by June 30 THE LAST BUSINESS DAY IN JUNE of the school
fiscal year ending in the fiscal year, in a manner prescribed by the center, the
information necessary for the preparation of the district and high school graduation
report AND FOR PREPARATION OF THE STATE OR FEDERAL ACCOUNTABILITY REPORTS. This
information shall meet requirements established in the pupil auditing manual approved
and published by the department. The center shall calculate an annual graduation and
pupil dropout rate for each high school, each district, and this state, in compliance
with nationally recognized standards for these calculations. The center shall report
all graduation and dropout rates to the senate and house education committees and
appropriations committees, the state budget director, and the department not later
than 30 days after the publication of the list described in subsection (5). Before
reporting these graduation and dropout rates, the department shall allow a school or
district to appeal the calculations. The department shall consider and act upon the
appeal within 30 days after it is submitted and shall not report these graduation and
dropout rates until after all appeals have been considered and decided.
(3) By the first business day in December
and by June 30 THE LAST
BUSINESS DAY IN
JUNE of each year, a district shall furnish to the center, in a manner prescribed by
the center, information related to educational personnel as necessary for reporting
required by state and federal law. For the purposes of this subsection, the center
shall only require districts and intermediate districts to report information that is
not already available from the office of retirement services in the department of
technology, management, and budget.
(4) If a district or intermediate district fails to meet the requirements of this
section, the department shall withhold 5% of the total funds for which the district or
intermediate district qualifies under this article until the district or intermediate
district complies with all of those subsections. If the district or intermediate
district does not comply with all of those subsections by the end of the fiscal year,
the department shall place the amount withheld in an escrow account until the district
or intermediate district complies with all of those subsections.
(5) Before publishing a list of school or district accountability designations as
required by the no child left behind act of 2001, Public Law 107-110, or the every
student succeeds act, Public Law 114-95, AND UTILIZING DATA THAT WAS CERTIFIED AS
ACCURATE AND COMPLETE AFTER DISTRICTS AND INTERMEDIATE SCHOOL DISTRICTS HAVE ADHERED
TO DEADLINES, DATA QUALITY REVIEWS AND CORRECTION PROCESSES LEADING TO LOCAL
CERTIFICATION OF FINAL STUDENT DATA IN SUBSECTION 2 OF THIS SECTION, the department
shall allow a school or district to appeal ANY CALCULATION ERRORS USED IN THE
PREPARATION OF ACCOUNTABILITY METRICS. that determination.
The department shall
consider and act upon the appeal within 30 days after it is submitted and shall not
publish the list until after all appeals have been considered and decided.
(6) Beginning in 2016-2017, the department shall implement statewide standard
reporting requirements for education data approved by the department in conjunction
with the center. The department shall work with the center, intermediate districts,
districts, and other interested stakeholders to implement this policy change. A
district or intermediate district shall implement the statewide standard reporting
requirements not later than 2017-2018 or when a district or intermediate district
updates its education data reporting system, whichever is later.
Sec. 20. (1) For 2017-2018, 2018-2019, both of the following apply:
(a) The basic foundation allowance is $8,289.00.
$8,409.00.
(b) The minimum foundation allowance is $7,631.00. $7,871.00.
(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
$40.00) 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 2017-2018 2018-2019
in an amount equal to the basic foundation
allowance for 2017-2018. 2018-2019.
(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, 2017-2018 the
district's 2016-2017 2017-2018 foundation allowance is considered to
have been an
amount equal to the sum of the district's
actual 2016-2017 2017-2018 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 2017-2018 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. 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. BEGINNING IN 2018-2019, FOR PUPILS IN MEMBERSHIP IN A PUBLIC
SCHOOL ACADEMY THAT WAS ISSUED A CONTRACT UNDER SECTION 552 OF THE REVISED SCHOOL
CODE, MCL 380.552, TO OPERATE AS A SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL, THE
ALLOCATION CALCULATED UNDER THIS SECTION SHALL BE AN AMOUNT EQUAL TO 75% OF THE AMOUNT
AS WOULD OTHERWISE BE CALCULATED UNDER THIS SUBSECTION FOR A PUBLIC SCHOOL ACADEMY.
(7) 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) 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) Each fraction used in making calculations under this section shall be rounded
to the fourth decimal place and the dollar amount of an increase in the basic
foundation allowance shall be rounded to the nearest whole dollar.
(10) State payments related to payment of the foundation allowance for a special
education pupil are not calculated under this section but are instead calculated under
section 51a.
(11) To assist the legislature in determining the basic foundation allowance for
the subsequent state fiscal year, each revenue estimating conference conducted under
section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b, shall
calculate a pupil membership factor, a revenue adjustment factor, and an index as
follows:
(a) The pupil membership factor shall be computed by dividing the estimated
membership in the school year ending in the current state fiscal year, excluding
intermediate district membership, by the estimated membership for the school year
ending in the subsequent state fiscal year, excluding intermediate district
membership. If a consensus membership factor is not determined at the revenue
estimating conference, the principals of the revenue estimating conference shall
report their estimates to the house and senate subcommittees responsible for school
aid appropriations not later than 7 days after the conclusion of the revenue
conference.
(b) The revenue adjustment factor shall be computed by dividing the sum of the
estimated total state school aid fund revenue for the subsequent state fiscal year
plus the estimated total state school aid fund revenue for the current state fiscal
year, adjusted for any change in the rate or base of a tax the proceeds of which are
deposited in that fund and excluding money transferred into that fund from the
countercyclical budget and economic stabilization fund under the management and budget
act, 1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated total school aid
fund revenue for the current state fiscal year plus the estimated total state school
aid fund revenue for the immediately preceding state fiscal year, adjusted for any
change in the rate or base of a tax the proceeds of which are deposited in that fund.
If a consensus revenue factor is not determined at the revenue estimating conference,
the principals of the revenue estimating conference shall report their estimates to
the house and senate subcommittees responsible for school aid appropriations not later
than 7 days after the conclusion of the revenue conference.
(c) The index shall be calculated by multiplying the pupil membership factor by
the revenue adjustment factor. If a consensus index is not determined at the revenue
estimating conference, the principals of the revenue estimating conference shall
report their estimates to the house and senate subcommittees responsible for school
aid appropriations not later than 7 days after the conclusion of the revenue
conference.
(12) Payments to districts and public school academies shall not be made under
this section. Rather, the calculations under this section shall be used to determine
the amount of state payments under section 22b.
(13) If an amendment to section 2 of article VIII of the state constitution of
1963 allowing state aid to some or all nonpublic schools is approved by the voters of
this state, each foundation allowance or per-pupil payment calculation under this
section may be reduced.
(14) As used in this section:
(a) "Certified mills" means the lesser of 18 mills or the number of mills of
school operating taxes levied by the district in 1993-94.
(b) "Combined state and local revenue" means the aggregate of the district's
state school aid received by or paid on behalf of the district under this section and
the district's local school operating revenue.
(c) "Combined state and local revenue per membership pupil" means the district's
combined state and local revenue divided by the district's membership excluding
special education pupils.
(d) "Current state fiscal year" means the state fiscal year for which a
particular calculation is made.
(e) "Dissolved district" means a district that loses its organization, has its
territory attached to 1 or more other districts, and is dissolved as provided under
section 12 of the revised school code, MCL 380.12.
(f) "Immediately preceding state fiscal year" means the state fiscal year
immediately preceding the current state fiscal year.
(g) "Local portion of the district's foundation allowance" means an amount that
is equal to the difference between (the sum of the product of the taxable value per
membership pupil of all property in the district that is nonexempt property times the
district's certified mills and, for a district with certified mills exceeding 12, the
product of the taxable value per membership pupil of property in the district that is
commercial personal property times the certified mills minus 12 mills) and (the
quotient of the product of the captured assessed valuation under tax increment
financing acts times the district's certified mills divided by the district's
membership excluding special education pupils).
(h) "Local school operating revenue" means school operating taxes levied under
section 1211 of the revised school code, MCL 380.1211. For a receiving district, if
school operating taxes are to be levied on behalf of a dissolved district that has
been attached in whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the revised school code, MCL
380.12, local school operating revenue does not include school operating taxes levied
within the geographic area of the dissolved district.
(i) "Local school operating revenue per membership pupil" means a district's
local school operating revenue divided by the district's membership excluding special
education pupils.
(j) "Maximum public school academy allocation", except as otherwise provided in
this subdivision, means the maximum per-pupil allocation as calculated by adding the
highest per-pupil allocation among all public school academies for the immediately
preceding state fiscal year plus the difference between twice the amount of the
difference between the basic foundation allowance for the current state fiscal year
and the basic foundation 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 $40.00) 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 2017-2018,
2018-2019, the maximum public school academy allocation is $7,631.00. $7,871.00.
(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 2017-2018, 2018-2019 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 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 2017-2018 2018-2019 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 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. 20m. (1) Foundation allowance
supplemental payments for 2017-2018 2018-2019
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 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 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. 21f. (1) A primary district shall enroll an eligible pupil in virtual
courses in accordance with the provisions of this section. A primary district shall
not offer a virtual course to an eligible pupil unless the virtual course is published
in the primary district's catalog of board-approved courses or in the statewide
catalog of virtual courses maintained by the Michigan Virtual University pursuant to
section 98. The primary district shall also provide on its publicly accessible website
a link to the statewide catalog of virtual courses maintained by the Michigan Virtual
University. Unless the pupil is at least age 18 or is an emancipated minor, a pupil
shall not be enrolled in a virtual course without the consent of the pupil's parent or
legal guardian. PARENTAL CONSENT SHALL BE OBTAINED IN A FORM AND MANNER SPECIFIED BY
THE DEPARTMENT AND KEPT ON FILE BY THE PRIMARY DISTRICT.
(2) Subject to subsection (3), a primary district shall enroll an eligible pupil
in up to 2 virtual courses as requested by the pupil during an academic term,
semester, or trimester.
(3) A pupil may be enrolled in more than 2 virtual courses in a specific academic
term, semester, or trimester if all of the following conditions are met:
(a) The primary district has determined that it is in the best interest of the
pupil.
(b) The pupil agrees with the recommendation of the primary district.
(c) The primary district, in collaboration with the pupil, has developed an
education development plan, in a form and manner specified by the department, that is
kept on file by the district. Beginning October 1, 2016, this subdivision does not
apply to a pupil enrolled as a part-time pupil under section 166b.
(4) If the number of applicants eligible for acceptance in a virtual course does
not exceed the capacity of the provider to provide the virtual course, the provider
shall accept for enrollment all of the applicants eligible for acceptance. If the
number of applicants exceeds the provider's capacity to provide the virtual course,
the provider shall use a random draw system, subject to the need to abide by state and
federal antidiscrimination laws and court orders. A primary district that is also a
provider shall determine whether or not it has the capacity to accept applications for
enrollment from nonresident applicants in virtual courses and may use that limit as
the reason for refusal to enroll a nonresident applicant.
(5) A primary district may not establish additional requirements beyond those
specified in this subsection that would prohibit a pupil from taking a virtual course.
A pupil's primary district may deny the pupil enrollment in an online course if any of
the following apply, as determined by the district:
(a) The pupil is enrolled in any of grades K to 5.
(b) The pupil has previously gained the credits that would be provided from the
completion of the virtual course.
(c) The virtual course is not capable of generating academic credit.
(d) The virtual course is inconsistent with the remaining graduation requirements
or career interests of the pupil.
(e) The pupil has not completed the prerequisite coursework for the requested
virtual course or has not demonstrated proficiency in the prerequisite course content.
(f) The pupil has failed a previous virtual course in the same subject during the
2 most recent academic years.
(g) The virtual course is of insufficient quality or rigor. A primary district
that denies a pupil enrollment request for this reason shall enroll the pupil in a
virtual course in the same or a similar subject that the primary district determines
is of acceptable rigor and quality.
(h) The cost of the virtual course exceeds the amount identified in subsection
(9), (10), unless the pupil or the pupil's parent or legal guardian agrees to pay
the
cost that exceeds this amount.
(i) The request for a virtual course enrollment did not occur within the same
timelines established by the primary district for enrollment and schedule changes for
regular courses.
(j) The request for a virtual course enrollment was not made in the academic
term, semester, trimester, or summer preceding the enrollment. This subdivision does
not apply to a request made by a pupil who is newly enrolled in the primary district.
(6) If a pupil is denied enrollment in a virtual course by the pupil's primary
district, the primary district shall provide written notification to the pupil of the
denial, the reason or reasons for the denial pursuant to subsection (5), and a
description of the appeal process. The pupil may appeal the denial by submitting a
letter to the superintendent of the intermediate district in which the pupil's primary
district is located. The letter of appeal shall include the reason provided by the
primary district for not enrolling the pupil and the reason why the pupil is claiming
that the enrollment should be approved. The intermediate district superintendent or
designee shall respond to the appeal within 5 days after it is received. If the
intermediate district superintendent or designee determines that the denial of
enrollment does not meet 1 or more of the reasons specified in subsection (5), the
primary district shall enroll the pupil in the virtual course.
(7) To provide a virtual course to an eligible pupil under this section, a
provider shall do all of the following:
(a) Ensure that the virtual course has been published in the pupil's primary
district's catalog of board-approved courses or published in the statewide catalog of
virtual courses maintained by the Michigan Virtual University.
(b) Assign to each pupil a teacher of record and provide the primary district
with the personnel identification code assigned by the center for the teacher of
record. If the provider is a community college, the virtual course must be taught by
an instructor employed by or contracted through the providing community college.
(c) Offer the virtual course on an open entry and exit method, or aligned to a
semester, trimester, or accelerated academic term format.
(d) If the virtual course is offered to eligible pupils in more than 1 district,
the following additional requirements must also be met:
(i) Provide the Michigan Virtual University with a course syllabus that meets the
definition under subsection (14)(g) in a form and manner prescribed by the Michigan
Virtual University for inclusion in a statewide catalog of virtual courses.
(ii) Not later than October 1 of each fiscal year, provide the Michigan Virtual
University with an aggregated count of enrollments for each virtual course the
provider delivered to pupils pursuant to this section during the immediately preceding
school year, and the number of enrollments in which the pupil earned 60% or more of
the total course points for each virtual course.
(8) To provide an online course under this section, a community college shall
ensure that each online course it provides under this section generates postsecondary
credit.
(9) For any virtual course a pupil enrolls in under this section, the pupil's
primary district must assign to the pupil a mentor and shall supply the provider with
the mentor's contact information.
(10) For a pupil enrolled in 1 or more virtual courses, the primary district
shall use foundation allowance or per-pupil funds calculated under section 20 to pay
for the expenses associated with the virtual course or courses. A primary district is
not required to pay toward the cost of a virtual course an amount that exceeds 6.67%
of the minimum foundation allowance for the current fiscal year as calculated under
section 20.
(11) A virtual learning pupil shall have the same rights and access to technology
in his or her primary district's school facilities as all other pupils enrolled in the
pupil's primary district. The department shall establish standards for hardware,
software, and Internet access for pupils who are enrolled in more than 2 virtual
courses in an academic term, semester, or trimester taken at a location other than a
school facility.
(12) If a pupil successfully completes a virtual course, as determined by the
pupil's primary district, the pupil's primary district shall grant appropriate
academic credit for completion of the course and shall count that credit toward
completion of graduation and subject area requirements. A pupil's school record and
transcript shall identify the virtual course title as it appears in the virtual course
syllabus.
(13) The enrollment of a pupil in 1 or more virtual courses shall not result in a
pupil being counted as more than 1.0 full-time equivalent pupils under this article.
The minimum requirements to count the pupil in membership are those established by the
pupil accounting manual as it was in effect for the 2015-2016 school year or as
subsequently amended by the department if the department notifies the legislature
about the proposed amendment at least 60 days before the amendment becomes effective.
(14) As used in this section:
(a) "Instructor" means an individual who is employed by or contracted through a
community college.
(b) "Mentor" means a professional employee of the primary district who monitors
the pupil's progress, ensures the pupil has access to needed technology, is available
for assistance, and ensures access to the teacher of record. A mentor may also serve
as the teacher of record if the primary district is the provider for the virtual
course and the mentor meets the requirements under subdivision (e).
(c) "Primary district" means the district that enrolls the pupil and reports the
pupil for pupil membership purposes.
(d) "Provider" means the district, intermediate district, or community college
that the primary district pays to provide the virtual course or the Michigan Virtual
University if it is providing the virtual course.
(e) "Teacher of record" means a teacher who meets all of the following:
(i) Holds a valid Michigan teaching certificate or a teaching permit recognized
by the department.
(ii) If applicable, is endorsed in the subject area and grade of the virtual
course.
(iii) Is responsible for providing instruction, determining instructional methods
for each pupil, diagnosing learning needs, assessing pupil learning, prescribing
intervention strategies and modifying lessons, reporting outcomes, and evaluating the
effects of instruction and support strategies.
(iv) Has a personnel identification code provided by the center.
(v) If the provider is a community college, is an instructor employed by or
contracted through the providing community college.
(f) "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 where
the majority of the curriculum is delivered using the Internet and in which pupils may
be separated from their instructor or teacher of record by time or location, or both.
(g) "Virtual course syllabus" means a document that includes all of the
following:
(i) An alignment document detailing how the course meets applicable state
standards or, if the state does not have state standards, nationally recognized
standards.
(ii) The virtual course content outline.
(iii) The virtual course required assessments.
(iv) The virtual course prerequisites.
(v) Expectations for actual instructor or teacher of record contact time with the
virtual learning pupil and other communications between a pupil and the instructor or
teacher of record.
(vi) Academic support available to the virtual learning pupil.
(vii) The virtual course learning outcomes and objectives.
(viii) The name of the institution or organization providing the virtual content.
(ix) The name of the institution or organization providing the instructor or
teacher of record.
(x) The course titles assigned by the provider and the course titles and course
codes from the National Center for Education Statistics (NCES) school codes for the
exchange of data (SCED).
(xi) The number of eligible pupils that will be accepted by the provider in the
virtual course. A primary district that is also the provider may limit the enrollment
to those pupils enrolled in the primary district.
(xii) The results of the virtual course quality review using the guidelines and
model review process published by the Michigan Virtual University.
(h) "Virtual learning pupil" means a pupil enrolled in 1 or more virtual courses.
Sec. 21h. (1) From the appropriation in section 11, there is allocated
$6,000,000.00 $8,000,000.00 for 2017-2018 2018-2019 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. 22a. (1) From the appropriation in section 11, there is allocated an amount
not to exceed $5,207,000,000.00 for
2016-2017 and there is allocated
an amount not to
exceed $5,181,800,000.00 $5,048,000,000.00 for 2017-2018 2018-2019 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, 23F, 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 25g.
(7) PAYMENTS TO DISTRICTS OR PUBLIC SCHOOL ACADEMIES SHALL NOT BE MADE UNDER THIS
SECTION FOR PUPILS ENROLLED PURSUANT TO SECTION 166B AND COUNTED IN MEMBERSHIP UNDER
SECTION 6. RATHER, THE PAYMENTS FOR SUCH PUPILS SHALL BE MADE UNDER SECTION 23F.
(8) (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 for 2016-2017 an amount not to exceed $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
2018-2019 an amount
not to exceed $3,965,500,000.00 $4,156,600,000.00 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, 23F, 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.
(12) PAYMENTS TO DISTRICTS OR PUBLIC SCHOOL ACADEMIES SHALL NOT BE MADE UNDER
THIS SECTION FOR PUPILS ENROLLED PURSUANT TO SECTION 166B AND COUNTED IN MEMBERSHIP
UNDER SECTION 6. RATHER, THE PAYMENTS FOR SUCH PUPILS SHALL BE MADE UNDER SECTION 23F.
Sec. 22d. (1) From the appropriation in section 11, an amount not to exceed
$5,000,000.00 is allocated for 2017-2018 2018-2019 for supplemental payments to rural
districts under this section.
(2) From the allocation under subsection
(1), there is allocated for 2017-2018
2018-2019 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 2017-2018 2018-2019 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. 22m. (1) From the appropriations in
section 11, there is allocated for 2017-
2018 2018-2019 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, OF EACH FISCAL YEAR, 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 2018-2019 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. 23F. (1) FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED FOR 2018-
2019 AN AMOUNT NOT TO EXCEED $64,100,000.00 FOR STATE FOUNDATION ALLOWANCE PAYMENTS AS
CALCULATED UNDER SECTION 20 TO DISTRICTS FOR NONPUBLIC PART-TIME PUPILS ENROLLED IN
DISTRICTS IN ACCORDANCE WITH SECTION 166B AND COUNTED IN MEMBERSHIP UNDER SECTION 6.
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, 22B, AND 51C IN ORDER TO FULLY FUND THOSE CALCULATED
ALLOCATIONS FOR THE SAME FISCAL YEAR.
(2) PAYMENTS TO DISTRICTS UNDER THIS SECTION SHALL BE EQUAL TO THE AMOUNT THAT
WOULD OTHERWISE BE PAID IN SECTION 22A AND SECTION 22B IF THE DISTRICT’S MEMBERSHIP
USED TO CALCULATE THOSE PAYMENTS WERE EQUAL TO THE NUMBER OF NONPUBLIC PUPILS IN
MEMBERSHIP, AS DEFINED IN THIS SECTION.
(3) IN ORDER TO RECEIVE AN ALLOCATION UNDER SUBSECTION (1), DISTRICTS SHALL DO
ALL OF THE FOLLOWING:
(A) THE DISTRICT SHALL ENSURE THAT ALL INDIVIDUALS THAT HAVE CONTACT WITH
STUDENTS AS PART OF A COURSE PROVIDING SERVICES TO PUPILS ENROLLED IN THE DISTRICT
UNDER SECTION 166B AND COUNTED IN MEMBERSHIP UNDER SECTION 6 HAVE NOT BEEN CONVICTED
OF SEXUAL MISCONDUCT. THE DISTRICT SHALL ENSURE THAT ANY PERSON WHO PROVIDES DIRECT OR
INDIRECT CURRICULAR OFFERINGS TO PUPILS AS PART OF AN OPTIONAL OR REQUIRED PORTION OF
A COURSE PROVIDING SERVICES TO PUPILS ENROLLED IN THE DISTRICT UNDER SECTION 166B AND
COUNTED IN MEMBERSHIP UNDER SECTION 6, OR WHO HAS UNSUPERVISED CONTACT WITH PUPILS AS
PART OF SUCH COURSE, RECEIVE THE SAME CRIMINAL HISTORY AND CRIMINAL RECORDS CHECKS AS
EMPLOYEES OF THE DISTRICT, AS REQUIRED IN SECTION 1230, 1230A, 1230B, 1230C, 1230D,
1230E, AND 1230G OF THE REVISED SCHOOL CODE, 380.1230, 380.1230A, 380.1230B,
380.1230C, 380.1230D, 380.1230E, AND 380.1230G.
(B) IF A COURSE PROVIDING SERVICES TO PUPILS ENROLLED IN THE DISTRICT UNDER
SECTION 166B AND COUNTED IN MEMBERSHIP UNDER SECTION 6 HAS AN ASSOCIATED OPTIONAL
EXPERIENCE, THE DISTRICT SHALL ENSURE THAT THE OPTIONAL EXPERIENCE IS OFFERED ON A
SCHEDULE THAT WOULD MAKE IT FULLY AVAILABLE TO THE MAJORITY OF FULL-TIME PUPILS IN
MEMBERSHIP IN THE DISTRICT IN THE SAME GRADE LEVEL OR AGE GROUP AS STUDENTS
PARTICIPATING IN THE COURSE AND ENROLLING IN THE DISTRICT UNDER SECTION 166B.
(C) THE DISTRICT SHALL PROVIDE THE DEPARTMENT, IN A FORM AND MANNER PRESCRIBED BY
THE DEPARTMENT IN CONJUNCTION WITH THE CENTER, INFORMATION NECESSARY TO QUANTIFY THE
FOLLOWING:
(i) A COMPLETE LISTING OF ALL COURSES IN WHICH STUDENTS REPORTED FOR MEMBERSHIP
IN THE DISTRICT HAVE BEEN SERVED.
(ii) COURSE ENROLLMENTS BY EACH PARTICIPANT USING LOCAL CODING AND THE SCHOOL
CODES FOR THE EXCHANGE OF DATA (SCED).
(iii) IDENTIFICATION OF THE COURSE TEACHER OR MENTOR.
(iv) OUTCOMES FOR EACH STUDENT IN EACH COURSE.
(4) AS USED IN THIS SECTION "NONPUBLIC PUPILS IN MEMBERSHIP" MEANS THE NUMBER OF
FULL-TIME EQUATED NONPUBLIC SCHOOL PUPILS ENROLLED IN THE DISTRICT IN ACCORDANCE WITH
SECTION 166B AND COUNTED IN MEMBERSHIP UNDER SECTION 6. THIS NUMBER SHALL NOT EXCEED
AN AMOUNT EQUAL TO 5% OF THE AMOUNT CALCULATED BY SUBSTRACTING THE DISTRICT’S
MEMBERSHIP UNDER SECTION 6 BY THE NUMBER OF FULL-TIME EQUATED NONPUBLIC SCHOOL PUPILS
ENROLLED IN THE DISTRICT IN ACCORDANCE WITH SECTION 166B AND COUNTED IN MEMBERSHIP
UNDER SECTION 6.
Sec. 24. (1) From the appropriation in
section 11, there is allocated for 2017-
2018 2018-2019 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 $1,339,000.00 $1,355,700.00 for 2017-2018 2018-2019 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 $1,528,400.00 $1,545,400.00 for 2017-2018 2018-2019 for payments to
districts for pupils who are enrolled in a nationally administered community-based
education and youth mentoring program, known as the youth challenge program, that is
administered by the department of military and veterans affairs. Both of the following
apply to a district receiving payments under this section:
(a) The district shall contract with the department of military and veterans
affairs to ensure that all funding allocated under this section is utilized by the
district and the department of military and veterans affairs for the youth challenge
program.
(b) The district may retain for its administrative expenses an amount not to
exceed 3% of the amount of the payment the district receives under this section.
Sec. 25e. (1) The pupil membership transfer application and pupil transfer
process administered by the center under this section shall be used for processing
pupil transfers.
(2) If a pupil counted in membership for the pupil membership count day transfers
from a district or intermediate district to enroll in another district or intermediate
district after the pupil membership count day and before the supplemental count day
and, due to the pupil's enrollment and attendance status as of the pupil membership
count day, the pupil was not counted in membership in the educating district or
intermediate district, the educating district or intermediate district may report the
enrollment and attendance information to the center through the pupil transfer process
within 30 days after the transfer or within 30 days after the pupil membership count
certification date, whichever is later. Pupil transfers may be submitted no earlier
than the first day after the certification deadline for the pupil membership count day
and before the supplemental count day. Upon receipt of the transfer information under
this subsection indicating that a pupil has enrolled and is in attendance in an
educating district or intermediate district as described in this subsection, the pupil
transfer process shall do the following:
(a) Notify the district in which the pupil was previously enrolled.
(b) Notify both the pupil auditing staff of the intermediate district in which
the educating district is located and the pupil auditing staff of the intermediate
district in which the district that previously enrolled the pupil is located. The
pupil auditing staff shall investigate a representative sample based on required audit
sample sizes in the pupil auditing manual and may deny the pupil membership transfer.
(c) Aggregate the districtwide changes and notify the department for use in
adjusting the state aid payment system.
(3) The department shall do all of the following:
(a) Adjust the membership calculation for each district or intermediate district
in which the pupil was previously counted in membership or that previously received an
adjustment in its membership calculation under this section due to a change in the
pupil's enrollment and attendance so that the district's or intermediate district's
membership is prorated to allow the district or intermediate district to receive for
each school day, as determined by the financial calendar furnished by the center, in
which the pupil was enrolled and in attendance in the district or intermediate
district an amount equal to 1/105 of a full-time equated membership claimed in the
fall pupil membership count. The district or intermediate district shall receive a
prorated foundation allowance in an amount equal to the product of the adjustment
under this subdivision for the district or intermediate district multiplied by the
foundation allowance or per-pupil payment as calculated under section 20 for the
district or intermediate district. The foundation allowance or per-pupil payment shall
be adjusted by the pupil's full-time equated status as affected by the membership
definition under section 6(4).
(b) Adjust the membership calculation for the educating district or intermediate
district in which the pupil is enrolled and is in attendance so that the district's or
intermediate district's membership is increased to allow the district or intermediate
district to receive an amount equal to the difference between the full-time equated
membership claimed in the fall pupil membership count and the sum of the adjustments
calculated under subdivision (a) for each district or intermediate district in which
the pupil was previously enrolled and in attendance. The educating district or
intermediate district shall receive a prorated foundation allowance in an amount equal
to the product of the adjustment under this subdivision for the educating district or
intermediate district multiplied by the per-pupil payment as calculated under section
20 for the educating district or intermediate district. The foundation allowance or
per-pupil payment shall be adjusted by the pupil's full-time equated status as
affected by the membership definition under section 6(4).
(4) The changes in calculation of state school aid required under subsection (3)
shall take effect as of the date that the pupil becomes enrolled and in attendance in
the educating district or intermediate district, and the department shall base all
subsequent payments under this article for the fiscal year to the affected districts
or intermediate districts on this recalculation of state school aid.
(5) If a pupil enrolls in an educating district or intermediate district as
described in subsection (2), the district or intermediate district in which the pupil
is counted in membership or another educating district or intermediate district that
received an adjustment in its membership calculation under subsection (3), if any, and
the educating district or intermediate district shall provide to the center and the
department all information they require to comply with this section.
(6) The portion of the full-time equated pupil membership for which a pupil is
enrolled in 1 or more online courses under section 21f that is representative of the
amount that the primary district paid in course costs to the course provider shall not
be counted or transferred under the pupil transfer process under this section.
(7) It is the intent of the legislature that the center determine the number of
pupils who did not reside in this state as of the 2018-2019 pupil membership count day
but who newly enrolled in a district or intermediate district after that pupil
membership count day and before the 2018-2019 supplemental count day. It is the intent
of the legislature that the center further determine the number of pupils who were
counted in membership for the 2018-2019 pupil membership count day but who left this
state before the 2018-2019 supplemental count day. In 2019-2020, the center shall
provide a report to the senate and house appropriations subcommittees on state school
aid, and to the senate and house fiscal agencies, detailing the number of pupils
transferring in from another state or transferring out from this state OUTSIDE THE
MICHIGAN PUBLIC EDUCATION SYSTEM AND THE NUMBER OF PUPILS TRANSFERRING OUT OF THE
MICHIGAN PUBLIC EDUCATION SYSTEM between the pupil membership count day and
supplemental count day as described in this
subsection. The center shall include in
the report a discussion of benefits and
obstacles to developing a pupil enrollment
process for pupils who newly enroll in a
district or intermediate district after the
pupil membership count day and before the
supplemental count day, and developing a
process for deducting pupils who were counted
on the pupil membership count day and
transfer out of this state before the
supplemental count day.
(8) As used in this section:
(a) "Educating district or intermediate district" means the district or
intermediate district in which a pupil enrolls after the pupil membership count day or
after an adjustment was made in another district's or intermediate district's
membership calculation under this section due to the pupil's enrollment and
attendance.
(b) "Pupil" means that term as defined under section 6 and also children
receiving early childhood special education programs and services.
Sec. 25f. (1) From the state school aid fund money appropriated in section 11,
there is allocated an amount not to exceed
$750,000.00 for 2017-2018 2018-2019 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 2017-2018 2018-2019 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 $17,000,000.00 each fiscal
year for 2016-2017 and for 2017-2018
$15,000,000.00 FOR FISCAL YEAR 2018-2019 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 2016 and 2017 as applicable 2018. 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 2017-
2018 2018-2019 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 $1,500,000.00 $3,000,000.00 for 2017-2018 2018-2019 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 2017-2018 2018-2019 an amount not to exceed $510,207,300.00 for
payments to eligible districts and eligible public school academies for the purposes
of ensuring that pupils are proficient in English language arts by the end of grade 3,
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,
THAT DISTRICTS IMPLEMENT WITH FIDELITY A MULTI-TIERED SYSTEM OF SUPPORTS, and for the
purposes under subsections (7) and (8).
(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 (14).
(3) For a district or public school academy to be eligible to receive funding
under this section, other than funding under subsection (7) or (8), the district or
public school academy, for grades K to 3,
12, shall comply with the
requirements under
section 1280f of the revised school code, MCL 380.1280f, and SHALL use resources to
address early literacy AND NUMERACY, and for at least grades 4 K to 8 or, if the
district or public school academy does not
operate all of grades 4 K
to 8, for
all of
the grades it operates, must implement a multi-tiered system of supports that is an
evidence-based model FRAMEWORK 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. FOR ENGLISH LEARNERS, THE DISTRICT SHALL
IMPLEMENT CULTURALLY AND LINGUISTICALLY RESPONSIVE TEACHING STRATEGIES FOCUSED ON
ACADEMIC LANGUAGE DEVELOPMENT ALIGNED WITH STATE ENGLISH LANGUAGE PROFICIENCY
STANDARDS. This THE multi-tiered system of
supports DESCRIBED UNDER THIS
SUBSECTION
must provide at least all of the following
essential elements COMPONENTS:
(a) Implements effective instruction
for all learners. TEAM BASED LEADERSHIP.
(b) Intervenes early. TIERED DELIVERY SYSTEM.
(c) Provides a multi-tiered model of
instruction and intervention that provides
the following: SELECTION AND IMPLEMENTATION OF
INSTRUCTION, INTERVENTIONS, AND
SUPPORTS.
(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. COMPREHENSIVE
SCREENING AND
ASSESSMENT SYSTEM.
(e) Uses data to make instructional
decisions. CONTINUOUS
DATA-BASED DECISION
MAKING.
(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 shall receive under this section for each membership
pupil in the district or public school academy who is determined to be economically
disadvantaged, as reported to the center in the form and manner prescribed by the
center not later than the fifth Wednesday after the pupil membership count day of the
immediately preceding fiscal year, an amount per pupil equal to 11.5% of the statewide
weighted average foundation allowance. However, a public school academy that began
operations as a public school academy 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, who is determined to be economically
disadvantaged, as reported to the 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, an amount per pupil equal to 11.5% of the statewide weighted
average foundation allowance.
(5) Except as otherwise provided in this section, a district or public school
academy 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). 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 were
determined to be economically disadvantaged in the immediately preceding state fiscal
year, as determined and reported as described in subsection (4), may use not more than
20% of the funds it receives under this section for school security. A district or
public school academy 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, 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 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 2017-
2018 2018-2019 an amount not to exceed
$6,057,300.00 to support primary health care
services provided to children and adolescents up to age 21. These funds shall be
expended in a form and manner determined jointly by the department and the department
of health and human services. If any funds allocated under this subsection are not
used for the purposes of this subsection for the fiscal year in which they are
allocated, those unused funds shall be used that fiscal year to avoid or minimize any
proration that would otherwise be required under subsection (14) for that fiscal year.
(8) From the funds allocated under
subsection (1), there is allocated for 2017-
2018 2018-2019 an amount not to exceed
$5,150,000.00 for the state portion of the
hearing and vision screenings as described in section 9301 of the public health code,
1978 PA 368, MCL 333.9301. A local public health department shall pay at least 50% of
the total cost of the screenings. The frequency of the screenings shall be as required
under R 325.13091 to R 325.13096 and R 325.3271 to R 325.3276 of the Michigan
Administrative Code. Funds shall be awarded in a form and manner approved jointly by
the department and the department of 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
shall submit to the department by July 15 of each fiscal year a report, 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 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 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 complies with this subsection. If the district or
public school academy 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 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 the state for all disallowances found in the
audit.
(11) Subject to subsections (6), (7), and (8), IN SCHOOLS WHERE GREATER THAN 50%
OF PUPILS ARE IDENTIFIED AS AT-RISK, a district or public school academy 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. REFORMS BY PROVIDING INSTRUCTIONAL OR NONINSTRUCTIONAL SERVICES
CONSISTENT WITH
THE SCHOOL IMPROVEMENT PLAN THAT ARE TIER 1 EVIDENCE BASED, HIGH QUALITY ACADEMIC,
BEHAVIORAL, AND SOCIAL-EMOTIONAL INSTRUCTION, AND PART OF THE DISTRICT’S MULTI-TIERED
SYSTEM OF SUPPORT. DECISIONS ON IMPLEMENTING SCHOOLWIDE REFORMS SHALL BE GUIDED BY THE
DISTRICT’S COMPREHENSIVE NEEDS ASSESSMENT AND SHALL BE INCLUDED IN THE DISTRICT
IMPROVEMENT PLAN. SCHOOLWIDE REFORMS SHALL FEATURE PARENT AND COMMUNITY SUPPORTS,
ACTIVITIES, AND SERVICES, WHICH MAY INCLUDE THE PATHWAYS TO POTENTIAL PROGRAM CREATED
BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES OR THE COMMUNITIES IN SCHOOLS PROGRAM.
(12) A district or public school academy that receives funds under this section
may use up to 3% 5 PERCENT of those funds to provide research-based
professional
development AND TO IMPLEMENT A COACHING MODEL THAT SUPPORTS THE MULTI-TIERED SYSTEM OF
SUPPORTS FRAMEWORK. PROFESSIONAL DEVELOPMENT MAY BE PROVIDED to district and school
leadership and teachers AND SHALL BE 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.
(13) A district or public school academy that receives funds under this section
may use funds received under this section to support instructional or behavioral
coaches. Funds used for this purpose are not subject to the cap under subsection (12).
(14) If necessary, and before any proration required under section 296, the
department shall prorate payments under this section by reducing the amount of the
allocation as otherwise calculated under this section by an equal percentage per
district.
(15) 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 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.
(16) Beginning in 2018-2019, if a
district or public school academy 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 shall ensure all of the following:
(a) The district or public school academy
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 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
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 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.
ALL OF THE FOLLOWING APPLY FOR DISTRICTS AND PUBLIC SCHOOL ACADEMIES RECEIVING FUNDS
UNDER THIS SECTION:
(A) IF A DISTRICT OR PUBLIC SCHOOL ACADEMY IS DETERMINED BY THE DEPARTMENT TO BE
BELOW THE STATEWIDE AVERAGE IN THE PERCENTAGE OF ECONOMICALLY DISADVANTAGED PUPILS WHO
ARE PROFICIENT IN ENGLISH LANGUAGE ARTS BY THE END OF GRADE 3, AS MEASURED ON THE
2017-2018 ENGLISH LANGUAGE ARTS STATE ASSESSMENT, THE DISTRICT OR PUBLIC SCHOOL
ACADEMY SHALL COMPLY WITH THE REQUIREMENTS DESCRIBED UNDER SUBDIVISION (D).
(B) IF A DISTRICT OR PUBLIC SCHOOL ACADEMY IS DETERMINED BY THE DEPARTMENT TO BE
BELOW THE STATEWIDE AVERAGE IN THE PERCENTAGE OF ECONOMICALLY DISADVANTAGED PUPILS WHO
ARE PROFICIENT IN MATHEMATICS AT THE END OF GRADE 8, AS MEASURED ON THE 2017-2018
MATHEMATICS STATE ASSESSMENT, THE DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL COMPLY WITH
THE REQUIREMENTS DESCRIBED UNDER SUBDIVISION (D).
(C) IF A DISTRICT OR PUBLIC SCHOOL ACADEMY IS DETERMINED BY THE DEPARTMENT TO BE
BELOW THE STATEWIDE AVERAGE IN THE PERCENTAGE OF ECONOMICALLY DISADVANTAGED 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 SHALL COMPLY WITH THE REQUIREMENTS
DESCRIBED UNDER SUBDIVISION (D).
(D) FOR DISTRICTS AND PUBLIC SCHOOL ACADEMIES BELOW THE STATEWIDE AVERAGES
DESCRIBED IN SUBDIVISION (A), SUBDIVISION (B), OR SUBDIVISION (C), THE DISTRICT OR
PUBLIC SCHOOL ACADEMY SHALL ACHIEVE AT LEAST ONE OF THE FOLLOWING BY OCTOBER 1, 2021
ON EACH OF THE GRADE-LEVEL AND SUBJECT-AREA ASSESSMENTS DESCRIBED IN THIS SUBSECTION:
(i) THE DISTRICT OR PUBLIC SCHOOL ACADEMY HAS ATTAINED THE STATEWIDE AVERAGE IN
THE PERCENTAGE OF ECONOMICALLY DISADVANTAGED PUPILS WHO ARE PROFICIENT IN THE 2020-
2021 GRADE-LEVEL AND SUBJECT-AREA ASSESSMENTS DESCRIBED IN THIS SUBSECTION, AS
APPLICABLE. FOR THE PURPOSES OF COMPLYING WITH THIS SUBDIVISION, THE STATEWIDE AVERAGE
IN THE PERCENTAGE OF ECONOMICALLY DISADVANTAGED PUPILS WHO ARE PROFICIENT SHALL BE
DETERMINED BY THE DEPARTMENT USING DATA FROM THE 2017-18 STATE ASSESSMENTS FOR GRADE-
LEVEL AND SUBJECT-AREA ASSESSMENTS DESCRIBED IN THIS SUBSECTION.
(ii) THE DISTRICT OR PUBLIC SCHOOL ACADEMY HAS ATTAINED AN IMPROVEMENT OF AT
LEAST 10 PERCENTAGE POINTS IN THE PERCENT OF ECONOMICALLY DISADVANTAGED PUPILS WHO ARE
PROFICIENT IN THE GRADE-LEVEL AND SUBJECT-AREA ASSESSMENTS DESCRIBED IN THIS
SUBSECTION ON THE 2020-2021 STATE ASSESSMENT COMPARED TO THE DISTRICT'S RESULTS ON THE
2017-2018 STATE ASSESSMENT IN THE APPLICABLE GRADES AND SUBJECT-AREAS.
(17) As used in subsection (16),
"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. FOR A DISTRICT OR PUBLIC SCHOOL ACADEMY NOT
MEETING THE REQUIREMENTS
DESCRIBED IN SUBDIVISION (16)(D), THE SUPERINTENDENT SHALL ASSIGN A TEAM OF PERSONS
WITH EXPERTISE IN COMPREHENSIVE SCHOOL AND DISTRICT REFORM TO PARTNER WITH THE
DISTRICT OR PUBLIC SCHOOL ACADEMY, THE INTERMEDIATE DISTRICT, COMMUNITY ORGANIZATIONS,
LOCAL EMPLOYERS, EDUCATION ORGANIZATIONS, AND POSTSECONDARY INSTITUTIONS AS DETERMINED
BY THE SUPERINTENDENT TO CONDUCT AN EVALUATION THAT INCLUDES AT LEAST ALL OF THE
FOLLOWING:
(A) A REVIEW OF THE DISTRICT’S OR PUBLIC SCHOOL ACADEMY’S IMPLEMENTATION AND
UTILIZATION OF ITS MULTI-TIERED SYSTEM OF SUPPORTS TO ENSURE IT IS BEING USED TO
APPROPRIATELY INFORM INSTRUCTION OF AT-RISK PUPILS AND MAKE RECOMMENDATIONS FOR
CHANGES.
(B) AN ACADEMIC PERFORMANCE AUDIT THAT REVIEWS AT LEAST ALL OF THE FOLLOWING AND
INCLUDES RECOMMENDATIONS FOR CHANGES IF NECESSARY:
(i) DISTRICT AND BUILDING LEADERSHIP AND EDUCATOR CAPACITY TO SUBSTANTIALLY
IMPROVE STUDENT OUTCOMES.
(ii) CLASSROOM, INSTRUCTIONAL, AND OPERATIONAL PRACTICES AND CURRICULUM TO ENSURE
ALIGNMENT WITH RESEARCH-BASED INSTRUCTIONAL PRACTICES AND STATE CURRICULUM STANDARDS.
(iii) A REVIEW OF THE DISTRICT’S OR PUBLIC SCHOOL ACADEMY’S USE OF FINANCIAL
RESOURCES WITH RECOMMENDATIONS TO MORE EFFECTIVELY USE THOSE RESOURCES TO IMPROVE
ACADEMIC ACHIEVEMENT FOR AT-RISK PUPILS. THESE RECOMMENDATIONS MUST INCLUDE A PLAN FOR
USING FUNDS RECEIVED UNDER THIS SECTION.
(D) THE DISTRICT OR PUBLIC SCHOOL ACADEMY AND THE SUPERINTENDENT SHALL BECOME AN
EARLY WARNING DISTRICT AND MUST ADOPT A DISTRICT IMPROVEMENT PLAN THAT INCORPORATES AT
LEAST ALL OF THE RECOMMENDATIONS RESULTING FROM THE EVALUATION UNDER SUBDIVISION (A),
SPECIFIES THE ROLES AND RESPONSIBILITIES OF THE PARTNERS, ESTABLISHES 18-MONTH
BENCHMARKS, AND IS SIGNED BY THE PARTNERS AND APPROVED BY THE SUPERINTENDENT.
(E) THE DISTRICT OR PUBLIC SCHOOL ACADEMY MUST SPEND FUNDS RECEIVED UNDER THIS
SECTION ONLY IN ACCORDANCE WITH THE PLAN INCLUDED UNDER SUBDIVISION (B)(III) AND SHALL
IMPLEMENT TIER 1 EVIDENCE BASED, HIGH QUALITY ACADEMIC AND SOCIAL-EMOTIONAL
INSTRUCTION AS A PART OF THEIR MULTI-TIERED SYSTEM OF SUPPORT.
(18) A district or public school academy that receives funds under this section
may use funds received under this section to provide an anti-bullying or crisis
intervention program.
(19) 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 proficient
in English language arts, based upon state assessments for pupils in those grades.
(20) 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.
(20) (21) As used in this section:
(a) "At-risk pupil" means a pupil IN GRADES K TO 12 for whom the district has
documentation that the pupil meets any of the following criteria:
(i) The pupil is economically disadvantaged.
(ii) The pupil is an English language learner.
(iii) The pupil is chronically absent as defined by and reported to the center.
(iv) The pupil is a victim of child abuse or neglect.
(v) The pupil is a pregnant teenager or teenage parent.
(vi) The pupil has a family history of school failure, incarceration, or
substance abuse.
(vii) The pupil is an immigrant who has immigrated within the immediately
preceding 3 years.
(viii) 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.
(ix) 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.
(x) Is a pupil who is at risk of not meeting the district's or public school
academy's core academic curricular objectives in English language arts or mathematics,
as demonstrated on local assessments.
(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 1769j; 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. 31d. (1) From the appropriations in section 11, there is allocated an amount
not to exceed $22,495,100.00 $23,144,000.00 for 2017-2018 2018-2019 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, 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
2017-2018 2018-2019 all available federal
funding, estimated at $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 $4,500,000.00 each fiscal year
for 2016-2017 and for 2017-2018 FOR
FISCAL YEAR 2018-2019 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. 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 2017-2018. 2018-
2019. Funds allocated under this section for great start readiness programs shall be
used to provide part-day, school-day, or GSRP/Head Start blended comprehensive free
compensatory classroom programs designed to improve the readiness and subsequent
achievement of educationally disadvantaged children who meet the participant
eligibility and prioritization guidelines as defined by the department. For a child to
be eligible to participate in a program under this section, the child shall be at
least 4, but less than 5, years of age as of September 1 of the school year in which
the program is offered and shall meet those eligibility and prioritization guidelines.
A child who is not 4 years of age as of September 1, but who will be 4 years of age
not later than December 1, is eligible to participate if the child's parent or legal
guardian seeks a waiver from the September 1 eligibility date by submitting a request
for enrollment in a program to the responsible intermediate district, if the program
has capacity on or after September 1 of the school year, and if the child meets
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 2017-2018 2018-2019 for a competitive grant to continue a longitudinal
evaluation of children who have participated in great start readiness programs.
(4) To be eligible for funding under this section, a program shall prepare
children for success in school through comprehensive part-day, school-day, or
GSRP/Head Start blended programs that contain all of the following program components,
as determined by the department:
(a) Participation in a collaborative recruitment and enrollment process to assure
that each child is enrolled in the program most appropriate to his or her needs and to
maximize the use of federal, state, and local funds.
(b) An age-appropriate educational curriculum that is in compliance with the
early childhood standards of quality for prekindergarten children adopted by the state
board, 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 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 blended
program, the grant recipient shall ensure that all Head Start and GSRP policies and
regulations are applied to the blended slots, with adherence to the highest standard
from either program, to the extent allowable under federal law.
(8) An intermediate district or consortium of intermediate districts receiving a
grant under this section shall designate an early childhood coordinator, and may
provide services directly or may contract with 1 or more districts or public or
private for-profit or nonprofit providers that meet all requirements of 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