STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR SESSION OF 2019
House Chamber, Lansing, Thursday, September 19, 2019.
10:00 a.m.
The House was called to order by Associate
Speaker Pro Tempore Lilly.
The roll was called by
the Clerk of the House of Representatives, who announced that a quorum was
present.
Afendoulis—present Filler—present Kahle—present Reilly—present
Albert—present Frederick—present Kennedy—present Rendon—present
Alexander—present Garrett—present Koleszar—present Robinson—present
Allor—present Garza—present Kuppa—present Sabo—present
Anthony—present Gay-Dagnogo—present LaFave—present Schroeder—present
Bellino—present Glenn—present LaGrand—present Shannon—present
Berman—present Green—present Lasinski—present Sheppard—present
Bolden—present Greig—present Leutheuser—present Slagh—present
Bollin—present Griffin—present Liberati—present Sneller—present
Brann—present Guerra—present Lightner—present Sowerby—present
Brixie—present Haadsma—present Lilly—present Stone—present
Byrd—present Hall—present Love—present Tate—present
Calley—present Hammoud—present Lower—present VanSingel—present
Cambensy—present Hauck—present Maddock—present VanWoerkom—present
Camilleri—present Hernandez—present Manoogian—present Vaupel—present
Carter, B.—excused Hertel—present Marino—present Wakeman—present
Carter, T.—present Hoadley—present Markkanen—present Warren—present
Chatfield—present Hoitenga—present Meerman—present Webber—present
Cherry—present Hood—present Miller—present Wendzel—present
Chirkun—present Hope—present Mueller—present Wentworth—present
Clemente—present Hornberger—present Neeley—present Whiteford—present
Cole—present Howell—present O’Malley—present Whitsett—present
Coleman—present Huizenga—present Pagan—present Wittenberg—present
Crawford—present Iden—present Paquette—present Witwer—present
Eisen—present Inman—present Peterson—present Wozniak—present
Elder—present Johnson,
C.—present Pohutsky—present Yancey—present
Ellison—present Johnson,
S.—present Rabhi—present Yaroch—present
Farrington—present Jones—present
e/d/s = entered during session
“Prayer
in Honor of the Quad Centennial Year (1619-2019)
Omnipotent Creator, our ever present
source of all that is good! We
acknowledge Your divine love, grace, and mercy that has richly sustained us, and brought us this far by faith… As
we stand here, at this 400 year land mark in American history We ask O Lord, to
keep us ever mindful of the tremendous debt we owe to the first courageous
African men and women who landed on the shores of Point Comfort, Virginia in late August of 1619...
We remember those first African
Americans because without their sacrifices of labor and limb, without
their will to survive, without their spiritual
resolve, without their sweat, blood,
pain and tears, without their unyielding
resilience and self-determination there would be no America as we know it today...
We remember their selflessness to adapt
to a new language, a new culture, and a new religion, to build a new nation
a nation founded on the stated values of life, liberty and the pursuit
of happiness for all the children of GOD…
O Lord we honor our ancestors for their
spirit of resistance in the face of violent slavery, jim crow laws and
lychings. We honor our ancestors for resisting oppression. We honor their spirit
of resistance which paved the way for a better life for all of us here today.
Dear Lord, we pray that You fortify and
undergird this Honorable Body with the strength and courage to create the type
of legislation and laws that are fair and just and in the best interest of all
Your children. Instill in each Member the wisdom necessary to advance Your
purpose… Remove all the barriers that may impede progress toward Your will.
These prayers we
pray in the name of our standard bearer, the Revolutionary Holy spirit, Ase…
and Amen.”
______
Rep.
Rabhi moved that Rep. Brenda Carter be excused from today’s session.
The
motion prevailed.
______
The
Speaker Pro Tempore assumed the Chair.
Motions and Resolutions
Reps. Camilleri, Greig,
Pohutsky, Koleszar, Garza, Coleman, Liberati, Tyrone Carter, Hammoud, Clemente, Manoogian, Crawford, Hood, Love, Sowerby and
Wittenberg offered the following resolution:
House
Resolution No. 163.
A resolution to declare September 19, 2019, as
Maltese American Heritage Day in the state of Michigan.
Whereas, Malta is a country in the
Mediterranean Sea with a rich and unique history dating back thousands of
years. Because of its strategic location, this archipelago of six islands has
been a naval asset for centuries, ruled by a succession of empires including
the Romans, French, and British. Malta also played a key role in the Second
World War. Coming under siege by the Axis, the ensuing Allied offensive to
regain the island was successful and was instrumental in the following North
African campaign. Malta would eventually gain its independence from the United
Kingdom on September 21, 1964, and became a republic in 1974. Today, just
under 450,000 people live in Malta and it is one of the world’s smallest and
most densely populated countries. Malta boasts three United Nations
Educational, Scientific and Cultural Organization (UNESCO) Reps. Camilleri,
Greig, Pohutsky, Koleszar, Garza, Coleman, Liberati, Tyrone Carter, Hammoud,
Clemente, Manoogian, Crawford, Hood, Love, Sowerby and Wittenberg offered the
following resolution:
Whereas, The United States is fortunate to be home to tens of thousands
of Maltese Americans. Thousands of Michiganders are Maltese immigrants or
children of Maltese immigrants, and Metro Detroit boasts the largest
concentration of Maltese Americans in the nation. Michiganders of Maltese
descent, from the auto workers that helped
build Michigan into an industrial powerhouse, to the entrepreneurs who opened
restaurants that are still serving the Metro Detroit community today,
have used creativity, perseverance, and relentless hard work to build a better
future for their families and the communities they call home. Both the state of
Michigan and the United States of America have been enriched by the
contributions of Maltese Americans in all facets of life, including the arts,
sciences, business, education, and philanthropy; and
Whereas, Maltese American residents are proudly served in Michigan by
the Maltese American Benevolent Society in Detroit and the Maltese American
Community Club in Dearborn; and
Whereas, Michigan views cultural diversity as a strength and welcomes
the opportunity to honor our fellow Michiganders
of Maltese descent for their lasting and expanding imprint upon our state; now,
therefore, be it
Resolved by the House of Representatives, That the
members of this legislative body declare September 19, 2019,
as Maltese American Heritage Day in the state of Michigan. We encourage all
citizens to celebrate the individual and collective contributions of Maltese
Americans to this state and to this country.
The
question being on the adoption of the resolution,
Rep. Cole moved that consideration of the resolution be postponed
temporarily.
The motion prevailed.
House Resolution No. 164.
A resolution to declare September 22-28, 2019, as Fetal Alcohol Spectrum
Disorders Awareness Week in the state of Michigan.
Whereas, Healthy children are the most important resource in the great
state of Michigan and Fetal Alcohol Spectrum Disorders (FASD) pose a serious
threat to the potential health of our future generations; and
Whereas, More than 30 years have passed since Fetal Alcohol Syndrome
(FAS) was identified and named as a birth disorder by United States researchers;
and
Whereas, Prenatal exposure to alcohol can cause birth defects, mental
disorders, learning disabilities, and attention deficits; and
Whereas, The estimated number of FASD per year is over 30,000. The
incidence rate of full FAS is estimated at 1 out of every 1,000 live births and
the incidence rate of FASD is estimated at 1 out of every 100 live births; and
Whereas, The U.S. Surgeon General states that there is no safe amount of
alcohol to consume during pregnancy and Fetal Alcohol Spectrum Disorders can
only be prevented by avoiding alcohol entirely during pregnancy; and
Whereas, Individuals with FASD often have secondary hardships such as
trouble with the law, substance abuse issues, disrupted school experiences,
employment problems, and homelessness; and
Whereas, FASD is entirely preventable; and
Whereas, People around the world began observing International FAS
Awareness Day on September 9 of each year beginning in 1999 in order that on
the ninth day of the ninth month of the year the world will remember that a
woman should abstain from alcohol during the nine months of pregnancy. Starting
in 2015, the month of September was recognized as Fetal Alcohol Spectrum
Disorder Month; now, therefore, be it
Resolved by the House of Representatives, That the
members of this legislative body declare September 22-28, 2019,
as Fetal Alcohol Spectrum Disorders Awareness Week in the state of Michigan. We
strongly urge all citizens to increase their knowledge of the effects of
prenatal exposure to alcohol, to increase their level of compassion for
individuals affected by FASD, and to do all which may lie in their power to
reduce the incidence of FASD in the state of Michigan in the future.
The question being on the adoption of the
resolution,
The resolution was adopted.
House Resolution No. 165.
A resolution to declare September 22-29, 2019, as Michigan Trails Week
in the state of Michigan.
Whereas, Michigan’s wealth of trails provides an abundance of
opportunities for residents and visitors to enjoy our state’s spectacular
natural resources. Michigan is known as The Trails State because of the more
than 12,500 miles of designated land trails and 4,280 miles of
locally-designated water trails; and
Whereas,
The state’s trail system is the result of a successful partnership between state
agencies, local trails groups, local units of government, non-profit
organizations, and businesses all over the state coming together to connect
communities and people; and
Whereas,
Our trail systems are designed to accommodate both motorized and nonmotorized
in appropriate areas to allow for a variety of uses and, through a
carefully-designed master plan, will continue to reflect emerging trail needs
in the state while also striving to meet the number one recreational need of
citizens for more miles of trails at the local level; and
Whereas,
Destination trails continue to be an emerging need to attract both residents
and out-of-state visitors; and
Whereas,
Great Lake-to-Lake Trails Route #1 will be the state’s first fully-marked
destination trail stretching from South Haven to Port Huron. When ultimately
completed, the Iron Belle Trail, stretching from Belle Isle in Detroit to
Ironwood in the western Upper Peninsula, will also be a destination trail and
one of the longest such trails in the nation; and
Whereas,
The state’s trails and trail towns are prominently featured in the new Pure
Michigan Trail Designation program that will be helpful in promoting the state’s
specially-designated trails. Our state’s trail system plays a significant role
in strengthening Michigan’s economy and supporting thousands of jobs, primarily
through small-business owners; and
Whereas,
The state’s trail system provides residents with broad access to a low-cost,
accessible, and enjoyable way to improve health and reduce obesity; and
Whereas,
Trail-related activities, including hiking, walking, snowmobiling, running,
biking, horseback riding, cross-country skiing, paddling and using off-road
vehicles, are among the most popular and growing means of outdoor enjoyment;
and
Whereas,
The state of Michigan hosts more than 5,000 miles of hiking trails designed for
walkers, hikers, trails runners, and other outdoor enthusiasts to explore the
state’s natural areas, including 1,200 miles of the nation’s longest National
Scenic Trail, the North Country National Scenic Trail; and
Whereas,
Michigan is also known as one of the top states for mountain biking, with an
unmatched diversity of trail systems and over 1,600 miles of natural surface
trails; and
Whereas,
The Department of Natural Resources, working in conjunction with the Michigan
Trails and Greenways Alliance, has established a new water trail designation
process that resulted in eight new water trail designations this past year and
will continue to designate new inland water trails in the future; and
Whereas, The existence of quality trails helps to
strengthen the appeal of communities by boosting quality‑of-life amenities that attract businesses and increase
property values. Trails provide alternative, scenic transportation
routes that help to decrease road congestion and pollution and serve to connect
communities to each other; now, therefore, be it
Resolved by the House of Representatives, That the
members of this legislative body declare September 22-29, 2019,
as Michigan Trails Week in the state of Michigan; and be it further
Resolved,
That Michigan’s rich network of trails throughout the Upper and Lower
Peninsulas continue to provide residents and visitors with scenic spaces to
explore nature, appreciate wildlife, experience solitude, or enjoy time with
family and friends.
The question being on the adoption of the resolution,
The resolution was adopted.
The House returned to the
consideration of
House Resolution No. 163.
A resolution to declare September
19, 2019, as Maltese American Heritage Day in the state of Michigan.
(The resolution was considered
earlier today, see today’s Journal, p. 1230.)
The
question being on the adoption of the resolution,
The resolution was adopted.
House Resolution No. 166.
A
resolution to declare September 23-27, 2019, as Clean Energy Week in the state
of Michigan.
Whereas,
Clean and readily abundant forms of energy are powering Michigan homes and
businesses, and driving economic development and job growth more than ever
before; and
Whereas,
Clean energy generation from renewable sources such as wind, solar, hydro, and
biomass sources comprise an important part of Michigan’s present and future
energy supply; and
Whereas,
Michigan is among the top 15 states in the nation in wind-powered electricity
generation, with over 2,000 MW of installed wind capacity, supporting over
2,000 direct wind industry jobs and over two dozen manufacturing facilities in
the state producing components for the wind industry; and
Whereas,
Michigan is poised over the next decade to see exponential growth in solar
energy deployment, with thousands of related jobs created and enhanced tax
revenues for local government services and schools; and
Whereas,
Michigan’s aggressive investment in battery technology will pave the way for a
transformation in both electricity generation and the transportation sector
worldwide; and
Whereas,
Michigan’s entrepreneurs and businesses should be supported through good public
policy and government collaboration to assert American energy leadership and
ensure low-cost reliable energy at home; now, therefore, be it
Resolved by the House of Representatives, That the
members of this legislative body declare September 23-27, 2019,
as Clean Energy Week in the state of Michigan.
The question being on the adoption of the
resolution,
The resolution was adopted.
Reports of Select Committees
First Conference Report
The
Committee of Conference on the matters of difference between the two Houses
concerning
House
Bill No. 4242, entitled
A bill
to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending
sections 4, 6, 8b, 11, 11a, 11j, 11k, 11m, 11s, 15, 20, 20d, 20f, 21h, 22a,
22b, 22d, 22m, 24, 24a, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 31j, 31n, 32d,
32p, 35a, 35b, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 54d, 56, 61a, 61b,
61c, 61d, 62, 64d, 65, 67, 74, 81, 94, 94a, 95a, 95b, 98, 99h, 99s, 99t, 99u,
99w, 99x, 101, 102d, 104, 104b, 104c, 104d, 107, 147, 147a, 147c, 147e, 152a,
and 152b (MCL 388.1604, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j,
388.1611k, 388.1611m, 388.1611s, 388.1615, 388.1620, 388.1620d, 388.1620f,
388.1621h, 388.1622a, 388.1622b, 388.1622d, 388.1622m, 388.1624, 388.1624a,
388.1625e, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d,
388.1631f, 388.1631j, 388.1631n, 388.1632d, 388.1632p, 388.1635a, 388.1635b,
388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a,
388.1654, 388.1654b, 388.1654d, 388.1656, 388.1661a, 388.1661b, 388.1661c,
388.1661d, 388.1662, 388.1664d, 388.1665, 388.1667, 388.1674, 388.1681,
388.1694, 388.1694a, 388.1695a, 388.1695b, 388.1698, 388.1699h, 388.1699s, 388.1699t,
388.1699u, 388.1699w, 388.1699x, 388.1701, 388.1702d, 388.1704, 388.1704b,
388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1747e,
388.1752a, and 388.1752b), sections 4 and 8b as amended by 2017 PA 108,
sections 6, 11, 31a, 31j, 32d, 35a, 35b, 39a, 99h, and 99u as amended and
sections 31n, 99w, and 99x as added by 2018 PA 586, sections 11a, 11j, 11k,
11m, 11s, 15, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 24, 24a, 25e, 25f, 26a,
26b, 26c, 31d, 31f, 32p, 39, 41, 51a, 51c, 51d, 53a, 54, 54b, 56, 61a, 61b,
61c, 62, 64d, 65, 67, 74, 81, 94, 94a, 95b, 98, 99s, 99t, 102d, 104, 104b,
104c, 104d, 107, 147, 147a, 147c, 147e, 152a, and 152b as amended and sections
54d and 61d as added by 2018 PA 265, section 95a as amended by 2015 PA 85, and
section 101 as amended by 2019 PA 11, and by adding sections 32e, 35c, 35d,
35e, 54e, 61j, 67a, 67b, 97, 97a, 97b, and 99a; and to repeal acts and parts of
acts.
Recommends:
First:
That the Senate recede from the Substitute of the Senate as passed by the Senate.
Second:
That the House and Senate agree to the Substitute of the House as passed by the
House, amended to read as follows:
A bill
to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending
sections 4, 6, 8b, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 21h, 22a,
22b, 22d, 22m, 22p, 24, 24a, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31b, 31d, 31f,
31j, 31n, 32d, 32p, 35a, 35b, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 54d,
55, 56, 61a, 61b, 61c, 61d, 61f, 62, 64d, 65, 67, 74, 74a, 81, 94, 94a, 95a,
95b, 98, 99h, 99s, 99t, 99u, 99v, 99w, 99x, 101, 102d, 104, 104c, 104d, 107,
147, 147a, 147c, 147e, 152a, 152b, 160, 166, and 166a (MCL 388.1604, 388.1606,
388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611s,
388.1615, 388.1618, 388.1620, 388.1620d, 388.1620f, 388.1621h, 388.1622a,
388.1622b, 388.1622d, 388.1622m, 388.1622p, 388.1624, 388.1624a, 388.1625e,
388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631b,
388.1631d, 388.1631f, 388.1631j, 388.1631n, 388.1632d, 388.1632p, 388.1635a,
388.1635b, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d,
388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1655, 388.1656, 388.1661a,
388.1661b, 388.1661c, 388.1661d, 388.1661f, 388.1662, 388.1664d, 388.1665,
388.1667, 388.1674, 388.1674a, 388.1681, 388.1694, 388.1694a, 388.1695a,
388.1695b, 388.1698, 388.1699h, 388.1699s, 388.1699t, 388.1699u, 388.1699v,
388.1699w, 388.1699x, 388.1701, 388.1702d, 388.1704, 388.1704c, 388.1704d,
388.1707, 388.1747, 388.1747a, 388.1747c, 388.1747e, 388.1752a, 388.1752b,
388.1760, 388.1766, and 388.1766a), sections 4 and 8b as amended and section
160 as added by 2017 PA 108, sections 6, 11, 18, 31a, 31j, 32d, 35a, 35b, 39a,
99h, and 99u as amended and sections 31n, 61f, 74a, 99w, and 99x as added by
2018 PA 586, sections 11a, 11j, 11k, 11m, 11s, 15, 20, 20d, 20f, 21h, 22a, 22b,
22d, 22m, 24, 24a, 25e, 25f, 25g, 26a, 26b, 26c, 31b, 31d, 31f, 32p, 39, 41,
51a, 51c, 51d, 53a, 54, 54b, 55, 56, 61a, 61b, 61c, 62, 64d, 65, 67, 74, 81,
94, 94a, 95b, 98, 99s, 99t, 102d, 104, 104c, 104d, 107, 147, 147a, 147c, 147e,
152a, and 152b as amended and sections 22p, 54d, 61d, and 99v as added by 2018
PA 265, section 95a as amended by 2015 PA 85, section 101 as amended by 2019 PA
11, section 166 as amended by 2016 PA 249, and section 166a as amended by 2004
PA 166, and by adding sections 28, 35c, 35d, 51f, 54e, 67a, 67b, 97, 97a, 99z,
and 99bb; and to repeal acts and parts of acts.
The people of the state of michigan
enact:
Sec.
4. (1) “Elementary pupil” means a pupil in membership in grades K to 8 in a
district not maintaining classes above the eighth grade or in grades K to 6 in
a district maintaining classes above the eighth grade or
a child enrolled and in regular attendance in a publicly funded prekindergarten
setting. For the purposes of calculating
universal service fund (e-rate) discounts, “elementary pupil” includes children
enrolled in a preschool program operated by a district in its facilities.
(2) “Extended
school year” means an educational program conducted by a district in which
pupils must be enrolled but not necessarily in attendance on the pupil membership
count day in an extended year program. The mandatory clock hours shall must be completed
by each pupil not more than 365 calendar days after the pupil’s first day of
classes for the school year prescribed. The department shall prescribe pupil,
personnel, and other reporting requirements for the educational program.
(3) “Fiscal year” means the state fiscal year that
commences October 1 and continues through September 30.
(4) “High school equivalency certificate” means a
certificate granted for the successful completion of a high
school equivalency test.
(5) “High
school equivalency test” means the G.E.D. test developed by the GED Testing
Service, the Test Assessing Secondary Completion (TASC) developed by
CTS/McGraw-Hill, the HISET test developed by the
Education Educational Testing Service
(ETS), or another comparable test approved by the department of talent and economic development.labor and economic opportunity.
(6) “High
school equivalency test preparation program” means a program that has high school
level courses in English language arts, social studies, science, and
mathematics and that prepares an individual to successfully complete a high
school equivalency test.
(7) “High
school pupil” means a pupil in membership in grades 7 to 12, except in a
district not maintaining grades above the eighth grade.
Sec.
6. (1) “Center program” means a program operated by a district or by an
intermediate district for special education pupils from several districts in
programs for pupils with autism spectrum disorder, pupils with severe cognitive
impairment, pupils with moderate cognitive impairment, pupils with severe
multiple impairments, pupils with hearing impairment, pupils with visual
impairment, and pupils with physical impairment or other health impairment.
Programs for pupils with emotional impairment housed in buildings that do not
serve regular education pupils also qualify. Unless otherwise approved by the
department, a center program either shall serve serves all constituent districts within an intermediate
district or shall serve serves
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 1412 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 is 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 is 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 is
not counted in membership in any district.
(c) A special education pupil educated by the intermediate district shall be is 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 is 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 is 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 under section
690 of the revised school code, MCL 380.690, shall be is counted in membership only
in the pupil’s district of residence.
(g) A pupil enrolled in a public school academy shall be is 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. For the purposes of this subdivision, for a pupil
enrolled in a cyber school and utilizing sequential learning, participation
means that term as defined in the pupil accounting manual, section 5-o-d:
requirements for counting pupils in membership-subsection 10.
(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 is 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 excludes 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 is counted in membership.
(l) To be counted in membership, a
pupil shall must meet
the minimum age requirement to be eligible to attend school under section 1147
of the revised school code, MCL 380.1147, or shall must be enrolled under subsection (3) of that section,
and shall must 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 is 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 is not counted
in membership. An individual who has achieved a high school equivalency
certificate shall not be is
not 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, labor and economic opportunity, or participating in any successor of either of
those 2 programs, shall not be is not 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 is 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 is counted in membership, and the instructional time
scheduled for the pupil in the district or intermediate district shall be is 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 receives 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 is 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 receives 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 is 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 is not 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 must be
consistent with section 101. In determining
full-time equated memberships for pupils who are enrolled in a postsecondary
institution or for pupils engaged in an internship or work experience under
section 1279h of the revised school code, MCL 380.1279h, a pupil shall not be is not considered
to be less than a full-time equated pupil solely because of the effect of his
or her postsecondary enrollment or engagement in the internship or work
experience, 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 are 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 are 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 is 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 is 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 is 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 are 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 are 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 is not 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 is 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 under section 1148(2) of
the revised school code, MCL 380.1148, shall be is 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 is 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 must 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 is 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 is 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 is 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 is 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.
(ll) If a
district’s or public school academy’s membership for a particular fiscal year,
as otherwise calculated under this subsection, includes pupils counted in membership who are
enrolled under section 166b, all of the following apply for the purposes of
this subdivision:
(i) If the district’s or public
school academy’s membership for pupils counted under section 166b equals or
exceeds 5% of the district’s or public school academy’s membership for pupils
not counted in membership under section 166b in the immediately preceding
fiscal year, then the growth in the district’s or public school academy’s
membership for pupils counted under section 166b must not exceed 10%.
(ii) If the district’s or public
school academy’s membership for pupils counted under section 166b is less than
5% of the district’s or public school academy’s membership for pupils not
counted in membership under section 166b in
the immediately preceding fiscal year, then the district’s or public school
academy’s membership for pupils counted under section 166b must not
exceed the greater of the following:
(A) 5% of the district’s or public school academy’s membership for
pupils not counted in membership under section 166b.
(B) 10% more than the district’s or public school academy’s membership
for pupils counted under section 166b in the immediately preceding fiscal
year.
(iii) If 1 or more districts
consolidate or are parties to an annexation, then the calculations under
subdivisions (i) and (ii) must be applied to the combined total
membership for pupils counted in those districts for the fiscal year
immediately preceding the consolidation or annexation.
(mm) Beginning with the 2019-2020 school year,
if a district, intermediate district, or public school academy charges tuition
for a pupil that resided out of state in the immediately preceding school year,
the pupil shall not be counted in membership in the district, intermediate
district, or public school academy.
(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 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 is
not 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 is not 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 is 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 A pupil not
counted as 1.0 full-time equated membership due to an absence from a class shall be is 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, a teacher engaged to teach under section 1233b of the
revised school code, MCL 380.1233b, or an individual working under a valid
substitute 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 the revised school code, 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.
8b. (1) The department shall work with the center to assign
a district code to each public school academy that is authorized under the
revised school code and is eligible to receive funding under this article
within 30 days after a contract is submitted to the department by the
authorizing body of a public school academy.
(2) If
the department or the center does not assign a
district code to a public school academy within the 30-day period described in
subsection (1), the district code to be used by the
department shall use to make payments under
this article to the newly authorized public school academy shall be is a number
that is equivalent to the sum of the last district code assigned to a public
school academy located in the same county as the newly authorized public school
academy plus 1. However, if there is not an existing public school academy
located in the same county as the newly authorized public school academy, then
the district code to be used by the department shall use to make payments under this article to the
newly authorized public school academy shall be is a 5-digit number that has the county code in which
the public school academy is located as its first 2 digits, 9 as its third
digit, 0 as its fourth digit, and 1 as its fifth digit. If the number of public
school academies in a county grows to exceed 100, the third digit in this
5-digit number shall then be is 7 for the public school academies in excess of 100. If the number of public school academies in a county grows to
exceed 200, then the third digit in this 5-digit number is 5 for the public
school academies in excess of 200.
(3)
For each school of excellence that is a cyber school and
is authorized under part 6e of the revised school code, MCL 380.551 to
380.561, by a school district, intermediate school
district, community college other than a federal tribally controlled community
college, or other authorizing body that is not empowered to authorize a school
of excellence to operate statewide and that is eligible to receive funding under this article,
all of the following apply:
(a)
The department shall assign a district code that includes as the first 2 digits
the county code in which the authorizing body is located.
(b) If
the cyber school does not provide instruction at a specific location, the intermediate district that would normally provide
programs and services to the school district all
of the following apply:
(i) If the cyber school is authorized by an intermediate district board,
the cyber school is assigned to the jurisdiction of that intermediate district.
(ii) If the cyber school is authorized by a district board, the cyber
school is assigned to the jurisdiction of the intermediate district in which
the district is located.
(iii) If the cyber school is authorized by the board of a community college
or governing board of a state public university, the cyber school is assigned
to the jurisdiction of the intermediate district in which
the administrative office of the cyber school is located.
shall provide programs and services to the cyber
school.
(c) The intermediate school district required to
provide programs and services to district’s
jurisdiction to which a cyber school is assigned
under this subdivision subsection
remains the same for as long as that cyber school is in operation unless the cyber school experiences a change in its
authorizing body. If a change in the authorizing body of a cyber school described under
subdivision (b) occurs, subdivision (b) must be applied to account
for the change and the cyber school must be reassigned to the jurisdiction of
the applicable intermediate district, as required under subdivision (b).
Sec. 11. (1) For the fiscal year ending
September 30, 2018, there is appropriated for the public schools of this state
and certain other state purposes relating to education the sum of $12,682,127,200.00
from the state school aid fund, the sum of $78,500,000.00 from the general
fund, an amount not to exceed $72,000,000.00 from the community district
education trust fund created under section 12 of the Michigan trust fund act,
2000 PA 489, MCL 12.262, an amount not to exceed $23,100,000.00 from the MPSERS
retirement obligation reform reserve fund, and an amount not to exceed $100.00
from the water emergency reserve fund. For the fiscal year ending
September 30, 2019, there is appropriated for the public schools of this state
and certain other state purposes relating to education the sum of $12,876,825,200.00 $12,845,140,200.00
from the state school aid fund, the sum of $87,920,000.00 from the
general fund, an amount not to exceed $72,000,000.00 $72,200,000.00 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 $31,900,000.00
$30,000,000.00 from the MPSERS retirement
obligation reform reserve fund, an amount not to exceed $30,000,000.00 from the
school mental health and support services fund created under section 31m, and
an amount not to exceed $100.00 from the water emergency reserve fund. For the fiscal year ending September 30, 2020, there is
appropriated for the public schools of this state and certain other state
purposes relating to education the sum of $13,293,465,000.00 from the state
school aid fund, the sum of $75,000,000.00 from the general fund, an amount not
to exceed $75,400,000.00 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 $1,900,000.00 from the MPSERS retirement
obligation reform reserve fund, an amount not to exceed $40,000,000.00 from the
talent investment fund created under section 8a of the higher education loan
authority act, 1975 PA 222, MCL 390.1158a, 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 ending
September 30, 2018 2019 and
September 30, 2019.2020.
(2) The appropriations under this section shall be are allocated
as provided in this article. Money appropriated under
this section from the general fund shall must 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
must 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 remains
in the school aid stabilization fund and shall does 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
must be prorated in the manner provided
under section 296(3).
(7) For 2018-2019, 2019-2020, 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 $111,000,000.00 for 2018-2019 2019-2020 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 must be paid in
full.
Sec. 11k. For 2018-2019, 2019-2020, 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 2017-2018 2018-2019 an
amount not to exceed $18,000,000.00 $57,000,000.00 and there is allocated for 2018-2019 2019-2020 an
amount not to exceed $24,000,000.00 $66,000,000.00 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 state school aid fund money
appropriated in section 11, there is allocated $3,230,000.00 for 2018-2019 $8,075,000.00
for 2019-2020 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 3
fiscal years under the emergency management act, 1976 PA 390, MCL 30.401 to
30.421. From the funding appropriated in section 11, there is allocated for fiscal year 2018-2019 2019-2020
$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 3 4 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 $2,625,000.00 for 2018-2019 $2,425,000.00
for 2019-2020 for the purpose of employing school nurses, classroom
aides, 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 must 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) For 2018-2019 2019-2020
only, from the allocation in subsection (1), there is allocated an
amount not to exceed $0.00 $4,000,000.00 to an intermediate district that has a
constituent district described in subsection (2) 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. between age 3 and age 5. 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.
(4) From the allocation in subsection (1),
there is allocated an amount not to exceed $1,000,000.00 for 2019-2020 to the
intermediate district 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 32d. The
department shall administer this funding consistent with all other provisions
that apply to great start readiness programs under sections 32d and 39.
(5) (4) For 2018-2019, 2019-2020, from
the allocation in subsection (1), there is allocated an amount not to exceed $605,000.00 $650,000.00 for
nutritional services to children described in subsection (1).
(6) (5) In
addition to other funding allocated and appropriated in this section, there is
appropriated an amount not to exceed $15,000,000.00 $5,000,000.00 for fiscal year
2018-2019 2019-2020 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.
(7) (6) Notwithstanding
section 17b, the department shall make 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, the department shall
adjust 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 must 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. However, a
district that has presented satisfactory evidence of hardship and is undergoing
an extended adjustment during 2018-2019 may continue to use the period of
extended adjustment as originally granted by the department.
(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 department
shall calculate 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 must 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) If the department makes an adjustment
under this section based in whole or in part on a membership audit finding that
a district or intermediate district employed an educator in violation of
certification requirements under the revised school code and rules promulgated
by the department, the department shall prorate the adjustment according to the
period of noncompliance with the certification requirements.
(5) (4) The
department may conduct audits, or may direct audits by designee of the
department, for the current fiscal year and the immediately preceding fiscal
year of all records related to a program for which a district or intermediate
district has received funds under this article.
(6) (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.
(7) (6) In
addition to funds appropriated in section 11 for all programs and services,
there is appropriated for 2018-2019 2019-2020 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 A district or other entity
shall not apply or take the money 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 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 benefit 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 must 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 must 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 must 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 must 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 must include object classifications of salary, benefits,
including categories for active employee health expenditures, purchased
services, supplies, capital outlay, and other. Districts
A district 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 center the special education actual cost report, known as “SE-4096”,
on a form and in the manner prescribed by the center. An intermediate district
shall certify the audit of a district’s report.
(7) By
October 7 of each year, each district and intermediate district shall file with
the center the audited transportation expenditure report, known as “SE-4094”,
on a form and in the manner prescribed by the center. An intermediate district
shall certify the audit of a district’s report.
(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), (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), (7), and (12).
If the district or intermediate district does not comply with subsections (4),
(5), (6), (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, MCL 380.551, 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 must include
information concerning the operation of virtual learning for the immediately
preceding school fiscal year, including information concerning summer
programming. Information must be collected in a form and manner determined by
the department and must be collected in the most efficient manner possible to
reduce the administrative burden on reporting entities.
(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 and 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.
(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, 2018, and annually
thereafter, 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 in the immediately preceding fiscal year.
The report shall detail the recipient or recipients, the amount allocated, and
the purpose for which the funds were distributed.
Sec.
20. (1) For 2018-2019, 2019-2020,
both of the following apply:
(a)
The basic target foundation
allowance, formerly known as the basic foundation
allowance, is $8,409.00.$8,529.00.
(b)
The minimum foundation allowance is $7,871.00.$8,111.00.
(2)
The department shall calculate the amount of each
district’s foundation allowance shall be calculated as provided in this section, using a basic target foundation
allowance in the amount specified in subsection (1). For the purpose of these calculations, a reference to the
target foundation allowance for a preceding fiscal year is equivalent to a
reference to the “basic” foundation allowance for that fiscal year.
(3)
Except as otherwise provided in this section, the department
shall calculate 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 target foundation allowance for the immediately
preceding state fiscal year, the district shall receive receives 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 target foundation
allowance and [(the difference between the basic target foundation allowance for the current state fiscal year and basic target foundation allowance for the immediately
preceding state fiscal year minus $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 target 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 target foundation allowance for the immediately
preceding state fiscal year shall must not exceed
the basic target 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 target foundation
allowance for the immediately preceding state fiscal
year, the district shall receive receives a foundation allowance for 2018-2019 2019-2020 in an amount equal to the basic target foundation
allowance for 2018-2019.2019-2020.
(c)
For a district that had a foundation allowance for the immediately preceding state fiscal year that was greater than the basic target 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 target 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 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 department shall round 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 2017-2018, the district’s 2017-2018 foundation allowance is
considered to have been an amount equal to the sum of the district’s actual
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
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 target 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 department
shall calculate 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 is 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 is 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 is 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, for 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 is not 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 must 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 must not
exceed the amount per membership pupil otherwise calculated under this
subsection.
(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 is 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 The department shall round
each fraction used in making calculations under this section shall be rounded to the fourth decimal place and shall round the dollar amount of an increase in the basic target 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 target 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
must calculate a pupil membership factor, a
revenue adjustment factor, and an index as follows:
(a) The pupil membership factor shall be is 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 is 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 is 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 are
not made under this section. Rather, the calculations under this section shall be are 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) For the purposes of section 1211 of the
revised school code, MCL 380.1211, the basic foundation allowance under this
section is considered to be the target foundation allowance under this section.
(15) (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 target foundation
allowance for the current state fiscal year and
the basic target foundation
allowance for the immediately preceding state fiscal
year and [(the amount of the difference between the basic
target foundation allowance for the current
state fiscal year and the basic target foundation
allowance for the immediately preceding state fiscal
year minus $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 target 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 2018-2019,
2019-2020, the maximum public school
academy allocation is $7,871.00.$8,111.00.
(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) “Target foundation allowance for the immediately preceding fiscal year” means, for 2019-2020 only, the basic foundation
allowance in effect for the 2018-2019 fiscal year.
(r) (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 125.2670,
or the corridor improvement authority act, 2005 PA 280, MCL 125.2871 to
125.2899.
(s) (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 2018-2019,
2019-2020, 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 under this act in 1993-94 shall exclude excludes 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 agreeing to an adjustment under this subdivision, shall be made, the department shall calculate 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 2018-2019 2019-2020 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.
21h. (1) From the appropriation in section 11, there is allocated $7,000,000.00 $6,000,000.00 for
2018-2019 2019-2020 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 must 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 must 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.
(c) Crafts academic goals that put pupils on track to meet or exceed
grade level proficiency.
(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. The superintendent of public instruction may waive
burdensome administrative rules for a partnership district for the duration of
the partnership agreement.
(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, the department shall make payments to eligible districts
under this section shall be paid on a schedule
determined by the department.
(5) The department shall annually report in person 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. To the extent possible,
participating districts receiving funding under this section shall participate
in the report.
Sec. 22a. (1) From the appropriation in section 11,
there is allocated an amount not to exceed $5,176,000,000.00 for
2017-2018 $5,057,000,000.00 for
2018-2019 and there is allocated an amount not to exceed $5,107,000,000.00 for 2018-2019 $4,943,000,000.00 for 2019-2020 for
payments to districts and qualifying public school academies to guarantee each
district and qualifying public school academy an amount equal to its 1994-95
total state and local per pupil revenue for school operating purposes under
section 11 of article IX of the state constitution of 1963. Pursuant to section
11 of article IX of the state constitution of 1963, this guarantee does not
apply to a district in a year in which the district levies a millage rate for
school district operating purposes less than it levied in 1994. However,
subsection (2) applies to calculating the payments under this section. Funds allocated under this section that are not expended in
the state fiscal year for which they were allocated, as determined by the
department, may be used to supplement the allocations under sections 22b and
51c in order to fully fund those calculated allocations for the same fiscal
year.
(2) To ensure that a district receives an amount equal to the district’s
1994-95 total state and local per pupil revenue
for school operating purposes, there is allocated to each district a state
portion of the district’s 1994-95 foundation allowance in an amount
calculated as follows:
(a) Except as otherwise provided in this subsection, the state portion
of a district’s 1994-95 foundation allowance is an amount equal to the district’s
1994-95 foundation allowance or $6,500.00, whichever is less, minus the
difference between the sum of the product of the taxable value per membership
pupil of all property in the district that is nonexempt property times the
district’s certified mills and, for a district with certified mills exceeding
12, the product of the taxable value per membership pupil of property in the
district that is commercial personal
property times the certified mills minus 12 mills and the quotient of the ad valorem
property tax revenue of the district captured under tax increment financing
acts divided by the district’s membership. For a district that has a millage
reduction required under section 31 of article IX of the state constitution of
1963, the department shall calculate 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 department shall reduce 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 is 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 is the sum of the amount calculated under subdivision
(a) plus the amount calculated under this subdivision. The amount calculated
under this subdivision shall must 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 is 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 is not 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 is 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 is 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) 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, principal
residence, 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.
(g) (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.
(h) (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.
(i) “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.
(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, 125.2670, 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, principal residence,
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, principal residence,
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 2017-2018 2018-2019 an amount not to exceed $3,957,000,000.00 $4,217,800,000.00
from the state school aid fund and general fund appropriations in
section 11 and an amount not to exceed $72,000,000.00 $72,200,000.00 from the community district education
trust fund appropriation in section 11, and there is allocated for 2018-2019 2019-2020 an
amount not to exceed $4,252,000,000.00 $4,480,600,000.00 from the state school aid fund and general fund appropriations in section 11 and
an amount not to exceed $72,000,000.00 $75,400,000.00 from the
community district education trust fund appropriation in section 11. Except for money allocated from the community district trust
fund, money allocated under this section that is not expended in the state
fiscal year for which it was allocated, as determined by the department, may be
used to supplement the allocations under sections 22a and 51c in order to fully
fund those calculated allocations for the same fiscal year.
(2)
Subject to subsection (3) and section 296, the allocation to a district under
this section shall be is 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 is 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 must 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.
(f) For a district or public school academy that has
entered into a partnership agreement with the department,
comply with section 22p.
(g) For a district or public school academy that offers kindergarten,
comply with section 104(4).
(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 must 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 is 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 has 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 is 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 1396w-5.
Sec. 22d. (1) From the appropriation in section 11, an amount not to
exceed $6,000,000.00 $7,000,000.00
is allocated for 2018-2019 2019-2020 for supplemental payments to rural districts
under this section.
(2) From the allocation under subsection (1), there is allocated for 2018-2019 2019-2020 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 is
determined under a spending plan developed as provided in this
subsection and approved by the superintendent of public instruction. The
spending plan shall must 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 must 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 2018-2019 2019-2020 an
amount not to exceed $5,042,700.00 $6,042,700.00 for payments under this subsection to
districts that have 7.7 or fewer than 10.0 pupils per square mile as determined by the
department.
(5) The funds allocated under subsection (4) shall
be are allocated on
an equal per-pupil basis.as follows:
(a) An amount equal to $5,200,000.00 is
allocated to districts with fewer than 8.0 pupils per square mile, as
determined by the department, on an equal per-pupil basis.
(b) The balance of the funding under
subsection (4) is allocated as follows:
(i) For districts with at least 8.0 but fewer than 9.0 pupils per square
mile, as determined by the department, the allocation is an amount per pupil
equal to 75% of the per-pupil amount allocated to districts under subdivision
(a).
(ii) For districts with at least 9.0 but fewer than 10.0 pupils per square
mile, as determined by the department, the allocation is an amount per pupil
equal to 50% of the per-pupil amount allocated to districts under subdivision
(a).
(c) If the total funding allocated under
subdivision (b) is not sufficient to fully fund payments as calculated under
that subdivision, the department shall prorate payments to districts under
subdivision (b) 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 2018-2019 2019-2020 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 The
center shall ensure that the entities receiving funding under this
section shall represent geographically diverse
areas in this state.
(5) Notwithstanding section 17b, the department
shall make 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 must 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, 2020.
(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 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 and 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. 22p. In order to receive funding under section 22b, a district or
public school academy that has a signed partnership agreement with the
department must meet both of the following:
(a) Amends the Adopts
a partnership agreement to include that includes measurable academic outcomes that will be
achieved after 18 months and after 36 months from the date the agreement was
originally signed. Measurable academic outcomes under this subdivision must
include outcomes that put pupils on track to meet or exceed grade level
proficiency and must be based on district needs
identified as required under section 21h.
(b) Amends the Adopts
a partnership agreement to include that includes accountability measures to be imposed if
the district or public school academy does not achieve the measurable academic
outcomes under subdivision (a) for a school
subject to a partnership agreement. Accountability measures under this
subdivision may include either the
closure of the school at the end of the current school year or the
reconstitution of the school. in a final attempt to improve student educational
performance or to avoid interruption of the educational process. For a
public school academy that amends adopts a partnership agreement under this subdivision,
the amended agreement must include a
requirement that if reconstitution is imposed on a school that is operated by
the public school academy and that is subject to the partnership agreement, the
school shall must be
reconstituted as described in section 507 of the revised school code, MCL
380.507. For a district that amends adopts a partnership agreement under this subdivision,
the amended agreement must include a
requirement that if reconstitution is imposed on a school that is operated by
the district and that is subject to the partnership agreement, all of the
following apply:
(i) The district shall make
significant changes to the instructional and noninstructional programming of
the school based on the needs identified
through a comprehensive review of data in compliance with
section 21h.
(ii) The district shall replace at least 25% of
the faculty and staff of the school.
(ii) (iii) The
district shall replace the principal of the school, unless the current
principal has been in place for less than 3 years and the board of the district
determines that it is in the best interests of the district to retain current
school leadership.
(iii) (iv) The
reconstitution plan for the school shall require the adoption of goals similar
to the goals included in a partnership agreement, with a limit of 5 years to
achieve the goals. If the goals are not achieved within 5 years, the
superintendent of public instruction shall either impose a second
reconstitution plan on the school or close the school.
Sec. 24. (1) From the appropriation in section 11, there is allocated each fiscal year for 2017-2018 and for 2018-2019 for 2019-2020 an amount not to exceed $7,150,000.00 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 is calculated
as prescribed under subsection (2).
(2) The department shall allocate 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 is 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 is 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 are not funded
under this section.
Sec. 24a. From the appropriation in section 11, there is allocated an
amount not to exceed $1,355,700.00 for 2018-2019 2019-2020 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 The amount of the payment to each intermediate district shall receive is 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 must 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. 25e. (1) The pupil membership transfer application and pupil
transfer process administered by the center under this section shall be is 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 center 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 department shall pay 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 is 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 department shall pay 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 is 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 is
not 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 The center annually 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 outside the public school system of this state
and the number of pupils transferring out of the public school system in this
state between the pupil membership count day and supplemental count day as
described in this subsection.
(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 $1,600,000.00 each
fiscal year for 2017-2018 and for 2018-2019 for
2019-2020 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
shall first be distributed as the lesser of the strict discipline academy’s
added cost or the department’s approved per-pupil allocation for the strict
discipline academy. Any funds remaining after the first distribution shall be
distributed by prorating on an equal per-pupil membership basis, not to exceed
a strict discipline academy’s added cost. 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 The department shall
make 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 2018-2019
2019-2020 for the purposes of this section.
If Except as otherwise
provided in 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 must not be based on more than 1.0 FTE for that pupil,
and that portion of the FTE that exceeds 1.0 shall be is 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 are not funded under this section.
(3) If the funds allocated under this section are
insufficient to fully fund the adjustments under subsection (1), the department shall prorate payments under this section
shall be prorated on an equal per-pupil basis.
(4) Payments The department shall
make 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 $15,000,000.00 for 2017-2018 $14,000,000.00 for 2018-2019 and
there is allocated an amount not to exceed $15,000,000.00
for 2018-2019 $15,300,000.00 for 2019-2020 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 2017 and 2018 and 2019,
as applicable. The department shall pay 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 2018-2019 an amount not to exceed $4,405,100.00 $4,420,100.00 for 2018-2019
and there is allocated an amount not to exceed $4,641,100.00 for
2019-2020 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 under 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 are 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 $1,600,000.00 for 2017-2018 $3,400,000.00 for 2018-2019 and there is allocated an
amount not to exceed $3,000,000.00 for 2018-2019 $8,400,000.00 for 2019-2020 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) 17 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 must be used
solely for payments to eligible districts and intermediate districts, in
accordance with section 17(3) 17 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 remains in
the promise zone fund and shall does 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 under 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, the department
shall make payments under this section shall be
paid on a schedule determined by the department.
Sec. 28. (1) To recognize differentiated instructional costs for different types
of pupils in 2019-2020, the following sections provide a weighted foundation
allocation or an additional payment of some type in the following amounts, as
allocated under those sections:
(a) Section 22d, isolated and rural districts,
$7,000,000.00.
(b) Section 31a, at risk, standard
programming, $510,000,000.00.
(c) Section 31a, at risk, additional payment,
$12,000,000.00.
(d) Section 41, bilingual education for
English language learners, $16,000,000.00.
(e) Section 51c, special education, mandated
percentages, $689,100,000.00.
(f) Section 51f, special education, additional
percentages, $60,207,000.00.
(g) Section 61a, career and technical
education, standard reimbursement, $37,611,300.00.
(h) Section 61d, career and technical
education incentives, $10,000,000.00.
(2) The funding described in subsection (1) is
not a separate allocation of any funding but is instead a listing of funding
allocated in the sections listed in subsection (1).
Sec. 31a. (1) From the state school aid fund money
appropriated in section 11, there is allocated for 2018-2019 2019-2020 an amount not to exceed $528,207,300.00 $535,150,000.00 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, 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 section 20 that is greater than the basic target foundation
allowance under section 20 for the current fiscal year, the allocation under
this section shall be is 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 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 K to 12 or, if the district or public school academy does not operate
all of grades K to 12, for all of the grades it operates, must implement a
multi-tiered system of supports that is an evidence-based 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. The multi-tiered system of supports described in this
subsection must provide at least all of the following essential components:
(a) Team-based leadership.
(b) A
tiered delivery system.
(c)
Selection and implementation of instruction, interventions, and supports.
(d) A
comprehensive screening and assessment system.
(e)
Continuous data-based decision making.
(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, From the funds allocated under subsection (1), there is
allocated for 2019-2020 an amount not to exceed $510,000,000.00 to continue a
weighted foundation per-pupil payment for districts and public school academies
enrolling economically disadvantaged pupils. The department shall pay under
this section to each eligible district or eligible public school academy 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.for the following, as applicable:
(a) Except as otherwise provided under subdivision (b) or (c), the
greater of the following:
(i) The number of membership pupils in the district or public school
academy who are 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.
(ii) If the district or public school academy is in the community
eligibility program, the number of pupils determined to be eligible based on
the product of the identified student percentage reported for community
eligibility provision status multiplied by the total number of membership
pupils in the district or public school academy, 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.
This subparagraph only applies to a district or public school academy for the
fiscal year immediately following the first fiscal year in which it is in the
community eligibility program.
(b) If the district or public school academy began operations as a
district or public school academy after the pupil membership count day of the
immediately preceding school year, the number of membership pupils in the
district or public school academy who are 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.
(c) If the district or public school academy began operations as a
district or public school academy after the pupil membership count day of the
current fiscal year, the number of membership pupils in the district or public
school academy who are 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 supplemental count day of the current fiscal
year.
(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 that aligns to the needs
assessment and the multi-tiered system of supports model. 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. Funds spent on school
security under this subsection must be counted toward required spending under
subsection (16)(c).
(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 2018-2019 2019-2020 an
amount not to exceed $6,057,300.00 $8,000,000.00 to support primary health care services
provided to children and adolescents up to age 21. These funds shall must 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 must 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 2018-2019 2019-2020 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 must 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 must be awarded in a form and manner approved jointly by
the department and the department of health and human services. Notwithstanding
section 17b, the department shall make 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 are 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), for schools in which more
than 40% of pupils are identified as at-risk, a district or public school
academy may use the funds it receives under this section to implement tier 1, evidence-based practices in schoolwide
reforms that are guided by the district’s comprehensive needs assessment and
are included in the district improvement plan. Schoolwide reforms must include
parent and community supports, activities, and services, that may include the
pathways to potential program created by the department of health and human
services or the communities in schools program. As used
in this subsection, “tier 1, evidence-based practices” means research-based
instruction and classroom interventions that are available to all learners and
effectively meet the needs of most pupils.
(12) A district or public school academy that receives funds under this
section may use up to 5% 7.5%
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 must be aligned to professional learning standards;
integrated into district, school building, and classroom practices; and 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, except payments under
subsection (7), (8), or (17), (16), 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 2019-2020, 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 or have achieved at least 1 year’s growth in
English language arts during grade 3 as measured by a local benchmark
assessment for the immediately preceding school year, demonstrate to the
satisfaction of the department that at least 50% of at-risk pupils are
proficient in mathematics by the end of grade 8 as measured by the state
assessment for the immediately preceding school year or have achieved at least
1 year’s growth in mathematics during grade 8 as measured by a local benchmark
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 at-risk pupils in grade 3 that represents the
number of at-risk pupils in grade 3 that are not proficient in English language
arts by the end of grade 3 or that did not achieve at least 1 year’s growth in
English language arts during grade 3, and the district or public school academy
shall expend that same proportion multiplied by 1/3 of its total at-risk funds
under this section on tutoring and other methods of improving grade 3 English
language arts proficiency or growth.
(b) The district or public school academy
shall determine the proportion of at-risk pupils in grade 8 that represents the
number of at-risk pupils in grade 8 that are not proficient in mathematics by
the end of grade 8 or that did not achieve at least 1 year’s growth in
mathematics during grade 8, and the district or public school academy shall
expend that same proportion multiplied by 1/3 of its total at-risk funds under
this section on tutoring and other methods of improving grade 8 mathematics
proficiency or growth.
(c) The district or public school academy
shall determine the proportion of at-risk pupils in grade 11 that represents
the number of at-risk 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 1/3 of its total at-risk funds under this section on tutoring and other
activities to improve scores on the college entrance examination portion of the
Michigan merit examination.
(16) (17) From
the funds allocated under subsection (1), there is allocated for 2018-2019 2019-2020 an
amount not to exceed $18,000,000.00 $12,000,000.00 for payments to districts and public
school academies that otherwise received an allocation under this section in subsection for 2018-2019
and that whose allocation was less under this section for 2018-2019, excluding any payments under
subsection (7) or (8), would have been more than the district’s or public school academy’s
allocation under this section in 2017-2018. for 2019-2020 as calculated
under subsection (4) only and as adjusted under subsection (14). The
allocation for each district or public school academy under this subsection is
an amount equal to its allocation under this section in
2017-2018 for 2018-2019 minus its
allocation as otherwise calculated under this section
for 2018-2019. subsection (4) for 2019-2020, as
adjusted by subsection (14), using in those calculations the 2017-2018 number
of pupils determined to be economically disadvantaged. However, if the
allocation as otherwise calculated under this subsection would have been less
than $0.00, the allocation under this subsection is $0.00. If necessary,
and before any proration required under section 296, the department shall prorate payments under this
subsection by reducing the amount of the allocation as otherwise
calculated under this subsection by an equal percentage per district or public
school academy.
(17) (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.
(18) (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.
(19) (20) 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, not to exceed the
target foundation allowance for the current fiscal year, or per pupil
payment calculated under section 20 multiplied by the number of pupils in
membership in that district or public school academy, and then dividing that
total by the statewide number of pupils in membership. For the purposes of this calculation, a district’s
foundation allowance shall not exceed the basic foundation allowance under
section 20 for the current state fiscal year.
Sec. 31b. (1) From the appropriations talent investment fund money appropriated in section 11,
there is allocated an amount not to exceed $750,000.00 for 2018-2019 2019-2020 only for
grants to at-risk districts for implementing a balanced calendar instructional
program for at least 1 of its schools.
(2) The department shall select districts for grants under this section
from among applicant districts that meet both of the following:
(a) The district meets 1 or both of the following:
(i) Is eligible in 2018-2019 2019-2020 for
the community eligibility option for free and reduced price lunch under 42 USC
1759a.
(ii) At least 50% of the pupils in
membership in the district met the income eligibility criteria for free
breakfast, lunch, or milk in the immediately preceding state fiscal year, as determined under the Richard B.
Russell national school lunch act, 42 USC 1751 to 1769j.
(b) The board of the district has adopted a resolution stating that the
district will implement for the first time a balanced calendar instructional
program that will begin in 2019-2020 2020-2021 for at least 1 school operated by the district
and committing to providing the balanced calendar instructional program in each
of those schools for at least 3 school years.
(3) A district seeking a grant under this section shall apply to the
department in the form and manner prescribed by the department not later than
December 1, 2018. 2019. The
department shall select districts for grants and make notification not later
than February 1, 2019.2020.
(4) The department shall award grants under this section on a
competitive basis, but shall give priority based solely on consideration of the
following criteria:
(a) Giving priority to districts that, in the immediately preceding
fiscal year, had lower general fund balances as a percentage of revenues.
(b) Giving priority to districts that operate at least 1 school that has
been identified by the department as either a priority school or a focus
school.
(c) Ensuring that grant funding includes both rural and urban districts.
(5) The amount of a grant under this section to any
1 district shall must not
exceed $750,000.00.$250,000.00.
(6) A district shall use a grant payment
under this section to a district shall be used for
necessary modifications to instructional facilities and other nonrecurring
costs of preparing for the operation of a balanced calendar instructional
program as approved by the department.
(7) A district receiving a grant under this section is not required to
provide more than the minimum number of days and hours of pupil instruction
prescribed under section 101, but shall spread at least those minimum amounts
of pupil instruction over the entire year in each of its schools in which a
balanced calendar instructional calendar is implemented. The district shall
commit to providing the balanced calendar instructional calendar in each of
those schools for at least 3 school years.
(8) For a district receiving a grant under this section, excessive heat
is considered to be a condition not within the control of school authorities
for the purpose of days or hours being counted as days or hours of pupil
instruction under section 101(4).
(9) Notwithstanding section 17b, the department
shall make grant payments to districts under this section shall be paid on a schedule determined by the
department.
Sec. 31d. (1) From the appropriations in section
11, there is allocated an amount not to exceed
$22,802,000.00 for 2017-2018 and there is allocated an
amount not to exceed $23,144,000.00 for 2018-2019 2019-2020 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 are 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 department shall calculate 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
must 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 2018-2019 2019-2020
all available federal funding,
estimated at $520,000,000.00 $533,000,000.00 for the national school lunch program
and all available federal funding, estimated
at $3,200,000.00 $4,200,000.00
for the emergency food assistance program.
(6) Notwithstanding section 17b, the department
shall make 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,
a district or other eligible entity shall give 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 for 2018-2019 2019-2020 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 are 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 department shall determine 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, the department
may make 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, a district shall give preference shall be given to food that is grown or produced by
Michigan businesses if it is competitively priced and of comparable quality.
(2) The department shall provide funding in an amount equal to
$125,000.00 per region to districts in prosperity regions 2, 4, 6, and 9 for
the pilot project described under this section. In addition, the department
shall provide funding in an amount equal to $75,000.00 to districts in
prosperity region 8 for the pilot project described under this section. From
the funding to districts in subsection (1), funding Funding retained by prosperity
regions districts or the sponsors of child care
centers that administer the project shall program must not exceed 10%, and funding retained by the
department for administration shall must not exceed 6%. A prosperity
region district or the sponsor of a child care
center may enter into a memorandum of understanding with the department
or another prosperity region, district or sponsor of a child care center, or both, to
administer the project. program.
If the department administers the project program for a prosperity
region, district or the sponsor of a child care
center, the department may retain up to 10% of that prosperity region’s district’s
or sponsor’s funding for administration or may
distribute some or all of that 10% to project partners as appropriate.
(3) The department shall develop and implement
a competitive grant program for districts within the
identified prosperity regions and sponsors of
child care centers to assist in paying for the costs incurred by the
district or the sponsor of the child care center to
purchase or increase purchases of whole or minimally processed fruits,
vegetables, and legumes grown in this state. The maximum amount that may be
drawn down on a grant to a district shall be or the sponsor of a child care center is based on the
number of meals served by the school district
during the previous school year under the Richard B. Russell national school
lunch act, 42 USC 1751 to 1769j or meals served by the
sponsor of the child care center in the previous school year. The
department shall collaborate with the Michigan department of agriculture and
rural development to provide training to newly participating schools and child care centers and electronic information on
Michigan agriculture.
(4) The goals of the pilot
project program under this section include
improving daily nutrition and eating habits for children through the school and child care settings while investing in Michigan’s
agricultural and related food business economy.
(5) A district or the
sponsor of a child care center that receives a grant under this section
shall use those funds for the costs incurred by the school
district or the sponsor to purchase whole
or minimally processed fruits, vegetables, and legumes that meet all of the
following:
(a) Are purchased on or after the date the
district or the sponsor received notification from
the department of the amount to be distributed to the district or the sponsor under this subsection, including
purchases made to launch meals in September 2018 2019 for the 2018-2019 2019-2020 fiscal year.
(b) Are grown in this state and, if minimally
processed, are also processed in this state.
(c) Are used for meals that are served as part
of the United States Department of Agriculture’s child nutrition programs.
(6) For Michigan-grown fruits, vegetables, and
legumes that satisfy the requirements of subsection (5), the
department shall make matching reimbursements shall
be made in an amount not to exceed 10 cents for every school or child care meal that is served as part of the United
States Department of Agriculture’s child nutrition programs and that uses
Michigan-grown fruits, vegetables, and legumes.
(7) A district or the
sponsor of a child care center that receives a grant for reimbursement
under this section shall use the grant to purchase whole or minimally processed
fruits, vegetables, and legumes that are grown in this state and, if minimally
processed, are also processed in this state.
(8) In awarding grants under this section, the
department shall work in conjunction with prosperity
region offices, districts and sponsors of child
care centers, in consultation with Michigan-based farm to school
resource organizations, to develop scoring criteria that assess an applicant’s
ability to procure Michigan-grown products,
prepare and menu Michigan-grown products, promote and market Michigan-grown
products, and submit letters of intent from districts or the sponsors of child care centers on plans for
educational activities that promote the goals of the program.
(9) The department shall give preference to
districts or sponsors of child care centers that
propose educational activities that meet 1
or more of the following: promote healthy food activities; have clear
educational objectives; involve parents or the community; connect to a
school’s or child care center’s farm-to-school or farm-to-early-child-care procurement activities; and
market and promote the program, leading to increased pupil knowledge and
consumption of Michigan-grown products. Applications The department shall give stronger weighting and consideration
to applications with robust marketing and promotional activities. shall receive stronger
weighting and consideration.
(10) In awarding grants, the department shall
also consider all of the following: the
(a) The percentage of children who qualify for free or
reduced price school meals under the Richard B. Russell national school lunch
act, 42 USC 1751 to 1769j. ; the
(b) The variety of school or
child care center sizes and geographic locations.
within the identified prosperity regions; and existing
(c) Existing or future collaboration opportunities between
more than 1 district in a prosperity region.or child care center.
(11) As a condition of
receiving a grant under this section, a district or the
sponsor of a child care center shall provide or direct its vendors to
provide to prosperity region offices the department copies of monthly receipts that show the
quantity of different Michigan-grown fruits, vegetables, and legumes purchased,
the amount of money spent on each of these products, the name and Michigan
location of the farm that grew the products, and the methods or plans to market
and promote the program. The district shall or the sponsor of a child care center also shall provide to the prosperity
region department monthly lunch numbers and
lunch participation rates, and calendars or monthly menus noting when and how
Michigan-grown products were used in meals. The district or
the sponsor of the child care center and school or
child care center food service director or directors also shall agree to
respond to brief online surveys and to provide a report that shows the
percentage relationship of Michigan spending compared to total food spending.
Not later than March 1, 2019, 2020, each prosperity region
office, either on its own or in conjunction with another prosperity region, district or each sponsor of a child care center shall
submit a report to the department on expected outcomes and related measurements
for economic development and children’s nutrition and readiness to learn based
on progress so far. The report shall must include at least all of the following:
(a) The extent to which
farmers and related businesses, including distributors and processors, see an
increase in market opportunities and income generation through sales of
Michigan or local products to districts and sponsors of
child care centers. All of the following apply for purposes of this
subdivision:
(i) The data used to determine the amount of this
increase shall be are the
total dollar amount of Michigan or local fruits, vegetables, and legumes
purchased by schools and sponsors of child care centers,
along with the number of different types of products purchased; school and child care center food purchasing trends identified
along with products that are of new and growing interest among food service
directors; the number of businesses impacted; and the percentage of total food
budget spent on Michigan-grown fruits, vegetables, and legumes.
(ii) The prosperity
region office district or the sponsor of a child
care center shall use purchasing data collected for the project program and
surveys of school and child care food service
directors on the impact and success of the project program as the source for the data described in
subparagraph (i).
(b) The ability to which
pupils can access a variety of healthy Michigan-grown foods through schools and child care centers and increase their consumption of
those foods. All of the following apply for purposes of this subdivision:
(i) The data used to determine whether this
subparagraph is met shall be are the number of pupils exposed to Michigan-grown
fruits, vegetables, and legumes at schools and child care
centers; the variety of products served; new items taste-tested or
placed on menus; and the increase in pupil willingness to try new local,
healthy foods.
(ii) The prosperity
region office district or the sponsor of a child
care center shall use purchasing data collected for the project, meal
count and enrollment numbers, school menu calendars, and surveys of school and child care food service directors as the source for
the data described in subparagraph (i).
(12) The department shall
compile the reports provided by prosperity region
offices districts and sponsors of child care
centers under subsection (11) into 1 legislative report. The department
shall provide this report not later than April 1, 2019
2020 to the house and senate subcommittees
responsible for school aid, the house and senate fiscal agencies, and the state
budget director.
(13) Notwithstanding section 17b, the
department shall make payments under this section on a schedule determined by
the department.
Sec. 31n. (1) From the school mental health and
support services fund money appropriated in section 11, there is
allocated for 2018-2019 2019-2020
for the purposes of this section an amount not to exceed $30,000,000.00 and from the general fund money
appropriated in section 11, there is allocated for 2018-2019 2019-2020 for the
purposes of this section an amount not to exceed $1,300,000.00. Not later than February 15, 2019, the The department
and the department of health and human services shall establish
continue a program to distribute this
funding to add licensed behavioral health providers for general education
pupils, and shall continue to seek federal
Medicaid match funding for all eligible mental health and support services.
(2) Not later than February 15, 2019, the The department and the department of health and human
services shall create maintain
an advisory council and for programs funded under this section. The advisory council
shall define goals for implementation of programs funded under this
section, and shall provide feedback on that implementation. At a minimum, the
advisory council shall include consist of representatives of state associations
representing school health, school mental health, school counseling, education,
health care, and other organizations, representatives from the department and
the department of health and human services, and a representative from the
school safety task force created under Executive Order No. 2018-5. The
department and department of health and human services, working with the
advisory council, shall determine an approach to increase capacity for mental
health and support services in schools for general education pupils, and shall
determine where that increase in capacity qualifies for federal Medicaid match
funding.
(3) The advisory council shall develop a fiduciary agent checklist for
intermediate districts to facilitate development of a plan to submit to the
department and to the department of health and human services. The department
and department of health and human services shall determine the requirements
and format for intermediate districts to submit a plan for possible funding
under subsection (5). Applications The department shall make applications for funding for
this program shall be made available to
districts and intermediate districts not later than March
1, 2019, December 1, 2019, and shall award the funding shall
be awarded not later than April 1, 2019.February 1, 2020.
(4) Not later than January 1, 2019, the The department of health and human services shall seek
to amend the state Medicaid plan or obtain appropriate Medicaid waivers as
necessary for the purpose of generating additional Medicaid match funding for
school mental health and support services for general education pupils. It is the intent of the legislature The intent is that a successful state plan amendment or
other Medicaid match mechanisms will result in additional federal Medicaid
match funding for both the new funding allocated under this section and for any
expenses already incurred by districts and intermediate districts for mental
health and support services for general education pupils.
(5)
From the funds allocated under subsection (1), there is allocated for 2019-2020 an amount not to exceed $5,000,000.00 $6,500,000.00 to
be distributed to the existing network of child
and adolescent health centers to place a licensed master’s level behavioral
health provider in schools that do not currently have services available to
general education students. Existing child and adolescent health centers
receiving funding under this subsection shall provide a commitment to maintain
services and implement all available federal Medicaid match methodologies. The department
of health and human services shall use all existing or additional federal
Medicaid match opportunities to maximize funding allocated under this
subsection. Funds The
department shall provide funds under this subsection shall be provided to existing child and adolescent
health centers in the same proportion that funding under section 31a(7) is
provided to child and adolescent health centers located and operating in those
districts.
(6)
From the funds allocated under subsection (1), there is allocated for 2019-2020 an amount not to exceed $16,500,000.00 $23,000,000.00 to
be distributed to intermediate districts for the provision of mental health and
support services to general education students. From the funds allocated under
this subsection, the department shall distribute $294,500.00
$410,700.00 to each intermediate district
that submits a plan approved by the department and the department of health and
human services. The department and department of health and human services
shall work cooperatively in providing oversight and assistance to intermediate districts during the plan submission
process and shall monitor the program upon implementation. An
intermediate district shall use funds awarded under this subsection to provide
funding to its constituent districts,
including public school academies that are considered to be constituent
districts under section 705(7) of the revised school code, MCL 380.705,
for the provision of mental health and support services to general education
students. In addition to the criteria identified under subsection (7), an
intermediate district shall consider geography, cost, or other challenges when
awarding funding to its constituent districts. If funding awarded to an
intermediate district remains after funds are provided by the intermediate
district to its constituent districts, the intermediate district may hire or
contract for experts to provide mental health and support services to general
education students residing within the boundaries of the intermediate district.
(7) A
district requesting funds under this section from the intermediate district in
which it is located shall submit an application for funding for the provision
of mental health and support services to general education pupils. A district
receiving funding from the application process described in this subsection
shall provide services to nonpublic students upon request. An intermediate
district shall not discriminate against an application submitted by a public
school academy simply on the basis of the applicant being a public school
academy. Grant The
department shall approve grant applications shall
be approved based on the following criteria:
(a)
The district’s commitment to maintain mental health and support services
delivered by licensed providers into future fiscal years.
(b)
The district’s commitment to implement all work with its intermediate district to use funding it receives
under this section that is spent by the district for general education pupils
toward participation in federal Medicaid match methodologies. and A district must provide a local match of at least 20% of the funding allocated to the district under section 31n.
(c)
The district’s commitment to adhere to any local funding requirements
determined by the department and the department of health and human services.
(d)
The extent of the district’s existing partnerships with community health care
providers or the ability of the district to establish such partnerships.
(e)
The district’s documentation of need, including gaps in current mental health
and support services for the general education population.
(f)
The district’s submission of a formal plan of action identifying the number of
schools and students to be served.
(g)
Whether the district will participate in ongoing trainings.
(h)
Whether the district will submit an annual report to the state.
(i)
Whether the district demonstrates a willingness to work with the state to
establish program and service delivery benchmarks.
(j)
Whether the district has developed a school safety plan or is in the process of
developing a school safety plan.
(k)
Any other requirements determined by the department or the department of health
and human services.
(8)
Funding under this section, including any federal Medicaid funds that are
generated, shall must not
be used to supplant existing services.
(9)
Both of the following are allocated for 2018-2019 2019-2020 to the department of health and human services
from the general fund money allocated under subsection (1):
(a) An
amount not to exceed $1,000,000.00 for the purpose of upgrading technology and
systems infrastructure and other administrative requirements to support the
programs funded under this section.
(b) An
amount not to exceed $300,000.00 for the purpose of administering the programs
under this section and working on generating additional Medicaid funds as a
result of programs funded under this section.
(10)
From the funds allocated under subsection (1), there is allocated for 2018-2019 2019-2020 an
amount not to exceed $500,000.00 to intermediate districts on an equal per
intermediate district basis for the purpose of administering programs funded
under this section.
(11)
The department and the department of health and human services shall work with
the advisory council to develop proposed measurements of outcomes and
performance. Those measurements shall include, at a minimum, the number of
pupils served, the number of schools served, and where those pupils and schools
were located. The department and the department of health and human services
shall compile data necessary to measure outcomes and performance, and districts
and intermediate districts receiving funding under this section shall provide
data requested by the department and department of health and human services
for the measurement of outcomes and performance. The department and department
of health and human services shall provide a report not later than December 1,
2019 and by December 1 annually thereafter to the house and senate
appropriations subcommittees on school aid and health and human services, and
to the house and senate fiscal agencies. At a minimum, the report shall must include
measurements of outcomes and performance, proposals to increase efficacy and
usefulness, proposals to increase performance, and proposals to expand
coverage.
(12) From the funds allocated in subsection
(1), there is allocated for 2018-2019 an amount not to exceed $8,000,000.00 for
the behavioral health team pilot program. The department shall award funds
under this subsection to intermediate school districts to create school-based
behavioral health assessment teams utilizing a “train the trainer” model of
training that focuses on providing age-appropriate interventions, identifying
behaviors that suggest a pupil may be struggling with mental health challenges,
providing treatment and support of the pupil, and using disciplinary
interventions and the criminal justice system as methods of last resort. The
intermediate district may hire or contract with experts to provide training to
intermediate district staff so that it may provide similar training for staff
of the constituent districts. The department shall award the entire $8,000,000.00
allocated under this subsection by allocating an equal dollar amount to each
intermediate district that has its application approved under subsection (13).
(13) An intermediate district shall apply for
funds under subsection (12) in a form and manner determined by the department.
The application shall include, but is not limited to, all of the following:
(a) A detailed plan on how the intermediate
district will work with constituent districts to identify a behavioral health
assessment team within each school to be trained under this pilot. The plan
shall demonstrate that a behavioral health assessment team must consist of, but
is not limited to, all of the following individuals:
(i) School administrators and teachers.
(ii) An individual whose primary purpose is
ensuring safety in a school.
(iii) Pathways to potential workers, if the school
participates in the pathways to potential program.
(iv) Local mental health agency representatives.
(v) Local law enforcement agency personnel.
(vi) If appropriate under the model being used, a
pupil.
(b) Identification of a behavioral health
assessment training implementation plan that shall include a description of how
results of the training will be incorporated into administrative policies and a
comprehensive school safety plan, including into a multi-tiered system of
support.
(14) The funds allocated under this section
for 2018-2019 are a work project appropriation, and any unexpended funds for
2018-2019 are carried forward into 2019-2020. The purpose of the work project
is to continue to provide funding for the expansion of mental health and
support services for general education students. The estimated completion date
of the work project is September 30, 2022.
(2)
From the funds allocated under subsection (1), an amount not to exceed $242,600,000.00 $247,600,000.00 is 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 2018-2019 $350,000.00 for 2019-2020 for
a competitive grant to continue a longitudinal evaluation of children who have
participated in great start readiness programs. This
evaluation must include a comparative analysis of the relationship between
great start readiness programs and performance on the kindergarten readiness
assessment funded under section 104. The evaluation must use children
wait-listed under this section for comparison, must include a determination of
the specific great start readiness program in which the kindergarten students
were enrolled and attended in the previous school year, and must analyze
Michigan kindergarten entry observation tool scores for students taking the
Michigan kindergarten entry observation tool each year and produce a report as
required under section 104. For 2019-2020, the performance data on the
kindergarten readiness assessment must be submitted to the center at the same
time as the Spring Michigan student data system collection. Beginning in
2020-2021, the performance data on the kindergarten readiness assessment must
be submitted to the center at the same time as the Fall Michigan student data
system collection. The responsibility for the analysis required under this
subsection may be added to the requirements that the department currently has
with its competitively designated current grantee.
(4) To be eligible for
funding under this section, a program shall must 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 must 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. guidelines. 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, guidelines, 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. guidelines. The enrollment process shall must 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
programs recommending placement in an
inclusive preschool setting shall be are considered to live with families with household
income equal to or less than 250% of the federal poverty level guidelines regardless
of actual family income and shall be are 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 consists 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 consists 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 must indicate the
extent to which these funds will supplement other federal, state, local, or
private funds. Funds An
applicant shall not use 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 is 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 are 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 guidelines by
ranking each applicant child’s household income from lowest to highest and
dividing the applicant children into quintiles based on how far the child’s
household income is below 250% of the federal poverty level,
guidelines, and then enrolling children in
the quintile with the lowest household income before enrolling children in the
quintile with the next lowest household income until slots are completely
filled. If the grant recipient determines that all eligible children are being
served and that there are no children on the waiting list who live with
families with a household income that is equal to or less than 250% of the
federal poverty level, guidelines,
the grant recipient may then enroll children who live with families with
a household income that is equal to or less than 300% of the federal poverty level. guidelines. The
enrollment process shall must
consider income and risk factors, such that children determined with
higher need are enrolled before children with lesser need. For purposes of this
subdivision, subsection, all
age-eligible children served in foster care or who are experiencing
homelessness or who have individualized education plans
programs recommending placement in an
inclusive preschool setting shall be are considered to live with families with household
income equal to or less than 250% of the federal poverty level guidelines regardless
of actual family income and shall be are prioritized for enrollment within the lowest
quintile.
(12) An intermediate
district or consortium of intermediate districts receiving a grant under this
section shall allow parents of eligible children who are residents of the
intermediate district or within the consortium to choose a program operated by or contracted with another intermediate
district or consortium of intermediate districts
and shall enter into a written agreement regarding payment, in a manner
prescribed by the department.
(13) An intermediate
district or consortium of intermediate districts receiving a grant under this
section shall conduct a local process to contract with interested and eligible
public and private for-profit and nonprofit community-based providers that meet
all requirements of subsection (4) for at least 30% of its total allocation.
For the purposes of this 30% allocation, an intermediate district or consortium
of intermediate districts may count children served by a Head Start grantee or
delegate in a blended Head Start and great start readiness school-day program.
Children served in a program funded only through Head Start shall not be are not counted
toward this 30% allocation. The intermediate district or consortium shall
report to the department, in a manner prescribed by the department, a detailed list
of community-based providers by provider type, including private for-profit,
private nonprofit, community college or university, Head Start grantee or
delegate, and district or intermediate district, and the number and proportion
of its total allocation allocated to each provider as subrecipient. If the
intermediate district or consortium is not able to contract for at least 30% of
its total allocation, the grant recipient shall notify the department and, if
the department verifies that the intermediate district or consortium attempted
to contract for at least 30% of its total allocation and was not able to do so,
then the intermediate district or consortium may retain and use all of its
allocation as provided under this section. To be able to use this exemption,
the intermediate district or consortium shall demonstrate to the department
that the intermediate district or consortium increased the percentage of its
total allocation for which it contracts with a community-based provider and the
intermediate district or consortium shall submit evidence satisfactory to the
department, and the department must be able to verify this evidence,
demonstrating that the intermediate district or consortium took measures to
contract for at least 30% of its total allocation as required under this
subsection, including, but not limited to, at least all of the following
measures:
(a) The intermediate
district or consortium notified each nonparticipating licensed child care
center located in the service area of the intermediate district or consortium
regarding the center’s eligibility to participate, in a manner prescribed by
the department.
(b) The intermediate
district or consortium provided to each nonparticipating licensed child care
center located in the service area of the intermediate district or consortium
information regarding great start readiness program requirements and a
description of the application and selection process for community-based
providers.
(c) The intermediate
district or consortium provided to the public and to participating families a
list of community-based great start readiness program subrecipients with a
great start to quality rating of at least 3 stars.
(14) If an intermediate
district or consortium of intermediate districts receiving a grant under this
section fails to submit satisfactory evidence to demonstrate its effort to
contract for at least 30% of its total allocation, as required under subsection
(13), the department shall reduce the allocation to the intermediate district
or consortium by a percentage equal to the difference between the percentage of
an intermediate district’s or consortium’s total allocation awarded to
community-based providers and 30% of its total allocation.
(15) In order to assist intermediate districts
and consortia in complying with the requirement to contract with
community-based providers for at least 30% of their total allocation, the
department shall do all of the following:
(a) Ensure that a great start resource center
or the department provides each intermediate district or consortium receiving a
grant under this section with the contact information for each licensed child
care center located in the service area of the intermediate district or
consortium by March 1 of each year.
(b) Provide, or ensure that an organization
with which the department contracts provides, a community-based provider with a
validated great start to quality rating within 90 days of the provider’s having
submitted a request and self-assessment.
(c) Ensure that all intermediate district,
district, community college or university, Head Start grantee or delegate,
private for-profit, and private nonprofit providers are subject to a single
great start to quality rating system. The rating system shall must ensure that
regulators process all prospective providers at the same pace on a first-come,
first-served basis and shall must not allow 1 type of provider to receive a great
start to quality rating ahead of any other type of provider.
(d) Not later than December 1 of each year,
compile the results of the information reported by each intermediate district
or consortium under subsection (13) and report to the legislature a list by
intermediate district or consortium with the number and percentage of each
intermediate district’s or consortium’s total allocation allocated to
community-based providers by provider type, including private for-profit,
private nonprofit, community college or university, Head Start grantee or
delegate, and district or intermediate district.
(16) A recipient of funds under this section
shall report to the center in a form and manner prescribed by the center the
information necessary to derive the number of children participating in the
program who meet the program eligibility criteria under subsection (5)(b), the number
of eligible children not participating in the program and on a waitlist, and
the total number of children participating in the program by various
demographic groups and eligibility factors necessary to analyze equitable and
priority access to services for the purposes of subsection (3).
(17) As used in this section:
(a) “GSRP/Head Start blended program” means a
part-day program funded under this section and a Head Start program, which are
combined for a school-day program.
(b) “Federal poverty
guidelines” means the guidelines published annually in the Federal Register by
the United States Department of Health and Human Services under its authority
to revise the poverty line under 42 USC 9902.
(c) (b) “Part-day program” means a program that
operates at least 4 days per week, 30 weeks per year, for at least 3 hours of
teacher-child contact time per day but for fewer hours of teacher-child contact
time per day than a school-day program.
(d) (c) “School-day program” means a program that
operates for at least the same length of day as a district’s first grade
program for a minimum of 4 days per week, 30 weeks per year. A classroom that
offers a school-day program must enroll all children for the school day to be
considered a school-day program.
(18) An intermediate district or consortium of
intermediate districts receiving funds under this section shall establish and
charge tuition according to a sliding scale of tuition rates based upon
household income for children participating in an eligible great start readiness
program who live with families with a household income that is more than 250%
of the federal poverty level guidelines to be used by all of its providers, as
approved by the department.
(19) From the amount appropriated
allocated in subsection (1), (2), there is
allocated for 2019-2020 an amount not to exceed
$10,000,000.00 for reimbursement of transportation costs for children attending
great start readiness programs funded under this section. To receive
reimbursement under this subsection, not later than November 1, 2018, of each year, a
program funded under this section that provides transportation shall submit to
the intermediate district that is the fiscal agent for the program a projected
transportation budget. The amount of the reimbursement for transportation under
this subsection shall be is
no more than the projected transportation budget or $300.00 multiplied
by the number of children funded for the program under this section. If the
amount allocated under this subsection is insufficient to fully reimburse the
transportation costs for all programs that provide transportation and submit
the required information, the department shall prorate the
reimbursement shall be prorated in an equal
amount per child funded. Payments shall be made The department shall make payments to the intermediate
district that is the fiscal agent for each program, and the intermediate
district shall then reimburse the program provider for transportation costs as
prescribed under this subsection.
(20) Subject to, and from the funds allocated
under, subsection (19), the department shall reimburse a program for
transportation costs related to parent- or guardian-accompanied transportation
provided by transportation service
companies, buses, or other public transportation services. To be eligible for
reimbursement under this subsection, a program must submit to the
intermediate district or consortia of intermediate districts all of the
following:
(a) The names of families provided with
transportation support along with a documented reason for the need for
transportation support and the type of transportation provided.
(b) Financial documentation of actual
transportation costs incurred by the program, including, but not limited to,
receipts and mileage reports, as determined by the department.
(c) Any other documentation or information
determined necessary by the department.
(21) The department shall implement a process
to review and approve age-appropriate comprehensive classroom level quality
assessments for GSRP grantees that support the early childhood standards of
quality for prekindergarten children adopted by the state board. The department
shall make available to intermediate districts at least 2 classroom level
quality assessments that were approved in 2018.
(22) An intermediate district that is a GSRP
grantee may approve the use of a supplemental curriculum that aligns with and
enhances the age-appropriate educational curriculum in the classroom. If the
department objects to the use of a supplemental curriculum approved by an
intermediate district, the superintendent of public
instruction shall establish a review committee independent of the
department. The review committee shall meet
within 60 days of the department registering its objection in writing and
provide a final determination on the validity of the objection within 60
days of the review committee’s first meeting.
(23) The department shall implement a process
to evaluate and approve age-appropriate educational curricula that are in
compliance with the early childhood standards of quality for prekindergarten
children adopted by the state board.
(24) From the funds allocated under subsection
(1), there is allocated for 2019-2020 an amount
not to exceed $2,000,000.00 for payments to intermediate districts or consortia
of intermediate districts for professional development and training materials
for educators in programs implementing new curricula.
in 2019-2020.
(25) A great start readiness program or a
GSRP/Head Start blended program funded under this section shall be is permitted to
utilize AmeriCorps Pre-K Reading Corps members in classrooms implementing
research-based early literacy intervention strategies.
Sec. 32p. (1) From the appropriation in section 11, there
is allocated an amount not to exceed $13,400,000.00 to
intermediate districts for 2018-2019 2019-2020 for the purpose of providing early childhood
funding to intermediate school districts to support the activities under
subsection (2) and subsection (4), and to provide early childhood programs for
children from birth through age 8. The funding provided to each intermediate
district under this section shall be is determined by the distribution formula established by
the department’s office of great start to provide equitable funding statewide.
In order to receive funding under this section, each intermediate district
shall provide an application to the office of great start not later than
September 15 of the immediately preceding fiscal year indicating the activities
planned to be provided.
(2)
Each intermediate district or consortium of intermediate districts that
receives funding under this section shall convene a local great start
collaborative and a parent coalition. The goal of each great start
collaborative and parent coalition shall be is to ensure the coordination and expansion of local
early childhood infrastructure and programs that allow every child in the
community to achieve the following outcomes:
(a)
Children born healthy.
(b)
Children healthy, thriving, and developmentally on track from birth to third
grade.
(c)
Children developmentally ready to succeed in school at the time of school
entry.
(d)
Children prepared to succeed in fourth grade and beyond by reading proficiently
by the end of third grade.
(3) Each local great start collaborative and parent
coalition shall convene workgroups to make recommendations about
community services designed to achieve the outcomes described in subsection (2)
and to ensure that its local great start system includes the following supports
for children from birth through age 8:
(a)
Physical health.
(b)
Social-emotional health.
(c)
Family supports and basic needs.
(d)
Parent education.
(e)
Early education, including the child’s development of skills linked to success
in foundational literacy, and care.
(4)
From the funds allocated in subsection (1), at least $2,500,000.00 shall must be used for
the purpose of providing home visits to at-risk children and their families.
The home visits shall must
be conducted as part of a locally coordinated, family-centered,
evidence-based, data-driven home visit strategic plan that is approved by the
department. The goals of the home visits funded under this subsection shall be are to improve
school readiness using evidence-based methods, including a focus on developmentally
appropriate outcomes for early literacy, to reduce the number of pupils
retained in grade level, to reduce the number of pupils requiring special
education services, to improve positive parenting practices, and to improve
family economic self-sufficiency while reducing the impact of high-risk factors
through community resources and referrals. The department shall coordinate the
goals of the home visit strategic plans approved under this subsection with
other state agency home visit programs in a way that strengthens Michigan’s
home visiting infrastructure and maximizes federal funds available for the
purposes of at-risk family home visits. The coordination among departments and
agencies is intended to avoid duplication of state services and spending, and
should emphasize efficient service delivery of home visiting programs.
(5)
Not later than December 1 of each year, each intermediate district shall
provide a report to the department detailing the activities actually provided
during the immediately preceding school year and the families and children
actually served. At a minimum, the report shall must include an evaluation of the services provided with
additional funding under subsection (4) for home visits, using the goals
identified in subsection (4) as the basis for the evaluation, including the
degree to which school readiness was improved, any change in the number of
pupils retained at grade level, and any change
in the number of pupils receiving special education services, the degree to which positive parenting practices were
improved, the degree to which there was improved family economic
self-sufficiency, and the degree to which community resources and referrals
were utilized. The department shall compile
and summarize these reports and submit its summary to the house and senate
appropriations subcommittees on school aid and to the house and senate fiscal
agencies not later than February 15 of each year.
(6) An
intermediate district or consortium of intermediate districts that receives
funding under this section may carry over any unexpended funds received under
this section into the next fiscal year and may expend those unused funds
through June 30 of the next fiscal year. A recipient of a grant shall return
any unexpended grant funds to the department in the manner prescribed by the
department not later than September 30 of the next fiscal year after the fiscal
year in which the funds are received.
(2) A district that receives funds under
subsection (5) may spend up to 5% of those funds for professional development
for educators in a department-approved research-based training program related
to current state literacy standards for pupils in grades K to 3. The
professional development shall must also include training in the use of screening and
diagnostic tools, progress monitoring, and intervention methods used to address
barriers to learning and delays in learning that are diagnosed through the use
of these tools.
(3) A district that receives funds under
subsection (5) may use up to 5% of those funds to administer
department-approved screening and diagnostic tools to monitor the development
of early literacy and early reading skills of pupils in grades K to 3 and to
support research-based professional development for educators in administering
screening and diagnostic tools and in data interpretation of the results
obtained through the use of those tools for the purpose of implementing a
multi-tiered system of support to improve reading proficiency among pupils in grades K to 3. A department-approved
screening and diagnostic tool administered by a district using funding under this section must include all of the
following components: phonemic awareness, phonics, fluency, and
comprehension. Further, all of the following sub-skills must be assessed within
each of these components:
(a) Phonemic awareness - segmentation,
blending, and sound manipulation (deletion and substitution).
(b) Phonics - decoding (reading) and encoding
(spelling).
(c) Fluency - reading rate, accuracy, and
expression.
(d) Comprehension - making meaning of text.
(4) From the allocations under subsection (1),
there is allocated an amount not to exceed $7,000,000.00
$21,000,000.00 for 2018-2019 2019-2020 for
the purpose of providing early literacy coaches at intermediate districts to
assist teachers in developing and implementing instructional strategies for
pupils in grades K to 3 so that pupils are reading at grade level by the
end of grade 3. All of the following apply to funding under this subsection:
(a) The department shall develop an
application process consistent with the provisions of this subsection. An
application shall must provide
assurances that literacy coaches funded under this subsection are knowledgeable
about at least the following:
(i)
Current state literacy standards for pupils in grades K to 3.
(ii) Implementing an instructional delivery model
based on frequent use of formative, screening, and diagnostic tools, known as a
multi-tiered system of support, to determine individual progress for pupils in
grades K to 3 so that pupils are reading at grade level by the end of grade 3.
(iii) The use of data from diagnostic tools to
determine the necessary additional supports and interventions needed by
individual pupils in grades K to 3 in order to be reading at grade level.
(b) From the allocation
under this subsection, the department shall award grants to intermediate
districts for the support of early literacy coaches. An intermediate district
must provide matching funds for at least 50% of the grant amount awarded to
support the cost of the literacy coach. The department shall provide this
funding in the following manner:
(i) Each The department shall award each intermediate district shall be awarded grant funding to support the cost of
1 early literacy coach in an equal amount per early literacy coach, not to
exceed $75,000.00.
(ii) After distribution of the grant funding
under subparagraph (i), the department
shall distribute the remainder of grant funding for additional early literacy
coaches in an amount not to exceed $75,000.00 per early literacy coach. The
number of funded early literacy coaches for each intermediate district shall be is based on the
percentage of the total statewide number of pupils in grades K to 3 who meet
the income eligibility standards for the federal free and reduced-price lunch
programs who are enrolled in districts in the intermediate district. For each
additional early literacy coach funded under this subparagraph, the department
shall not make an award to an intermediate district under this subparagraph in
an amount that is less than the amount necessary to pay 1/2 of the total cost
of that additional early literacy coach.
(c)
If an intermediate district that receives funding under this subsection uses an
assessment tool that screens for signs of dyslexia, the intermediate district
shall use the assessment results from that assessment tool to identify pupils
who demonstrate signs of dyslexia.
(5) From the allocations
under subsection (1), there is allocated an amount not to exceed $19,900,000.00
for 2018-2019 2019-2020 to districts that provide additional
instructional time to those pupils in grades K to 3 who have been
identified by using department-approved screening and diagnostic tools as
needing additional supports and interventions in order to be reading at grade
level by the end of grade 3. Additional instructional time may be provided
before, during, and after regular school hours or as part of a year-round
balanced school calendar. All of the following apply to funding under this
subsection:
(a) In order to be
eligible to receive funding, a district shall demonstrate to the satisfaction
of the department that the district has done all of the following:
(i) Implemented a multi-tiered system of support
instructional delivery model that is an evidence-based model that uses
data-driven problem solving to integrate academic and behavioral instruction
and that uses intervention delivered to all pupils in varying intensities based
on pupil needs. The multi-tiered system of supports must provide at least all
of the following essential components:
(A) Team-based
leadership.
(B) A tiered delivery
system.
(C) Selection and
implementation of instruction, interventions, and supports.
(D) A comprehensive
screening and assessment system.
(E) Continuous data-based
decision making.
(ii) Used department-approved research-based
diagnostic tools to identify individual pupils in need of additional
instructional time.
(iii) Used a reading instruction method that
focuses on the 5 fundamental building blocks of reading: phonics, phonemic
awareness, fluency, vocabulary, and comprehension and content knowledge.
(iv) Provided teachers of pupils in grades K to 3
with research-based professional development in diagnostic data interpretation.
(v) Complied with the requirements under section
1280f of the revised school code, MCL 380.1280f.
(b) Funding The department shall
distribute funding allocated under this subsection shall be distributed to eligible districts on an
equal per-first-grade-pupil basis.
(c) If the funds
allocated under this subsection are insufficient to fully fund the payments
under this subsection, payments under this subsection shall
be are prorated on an equal per-pupil basis
based on grade 1 pupils.
(6) Not later than
September 1, 2019, of
each year, a district that receives funding under this section, subsection (4),
(5), or (11), in conjunction with the Michigan data hub network, if
possible, shall provide to the department a report that includes at least both
of the following, in a form and manner prescribed by the department:
(a) For pupils in grades
K to 3, the pupils, schools, and grades served with funds under this section
and the categories of services provided.
(b) For pupils in grades K to 3, pupil
proficiency and growth data that allows analysis both in the aggregate and by
each of the following subgroups, as applicable:
(i)
School.
(ii)
Grade level.
(iii)
Gender.
(iv)
Race.
(v)
Ethnicity.
(vi)
Economically disadvantaged status.
(vii)
Disability.
(viii)
Pupils identified as having reading deficiencies.
(7) From the general talent investment fund money allocated in subsection
(1), the department shall allocate the amount of $3,000,000.00 for 2018-2019 2019-2020 only to
the Michigan Education Corps for the PreK Reading Corps, the K3 Reading Corps,
and the Math Corps. All of the following apply to funding under this
subsection:
(a) By September 1 of the current fiscal year,
the Michigan Education Corps shall provide a report concerning its use of the
funding to the senate and house appropriations subcommittees on state school
aid, the senate and house fiscal agencies, and the senate and house caucus
policy offices on outcomes and performance measures of the Michigan Education
Corps, including, but not limited to, the degree to which the Michigan
Education Corps’s replication of the Michigan PreK Reading Corps, K3 Reading
Corps, and Math Corps programs is
demonstrating sufficient efficacy and impact. The report must include data
pertaining to at least all of the following:
(i) The
current impact of the programs on this state in terms of numbers of children
and schools receiving support. This portion of the report shall must specify the
number of children tutored, including dosage and completion, and the
demographics of those children.
(ii)
Whether the assessments and interventions are implemented with fidelity. This
portion of the report shall must include details on the total number of assessments
and interventions completed and the range, mean, and standard deviation.
(iii)
Whether the literacy or math improvement of children participating in the
programs is consistent with expectations. This portion of the report shall must detail at
least all of the following:
(A) Growth rate by grade or age level, in
comparison to targeted growth rate.
(B) Average linear growth rates.
(C) Exit rates.
(D) Percentage of children who exit who also
meet or exceed spring benchmarks.
(iv) The
impact of the programs on organizations and stakeholders, including, but not
limited to, school administrators, internal coaches, and AmeriCorps members.
(b) If the department determines that the
Michigan Education Corps has misused the funds allocated under this subsection,
the Michigan Education Corps shall reimburse this state for the amount of state
funding misused.
(c) The department may not reserve any portion
of the allocation provided under this subsection for an evaluation of the Michigan Education Corps, the Michigan Education
Corps’ funding, or the Michigan Education Corps’ programming unless
agreed to in writing by the Michigan Education Corps. The department shall
award the entire $3,000,000.00 allocated under this subsection to the Michigan
Education Corps and shall not condition the awarding of this funding on the
implementation of an independent evaluation.
(8) From the general
fund money allocated under subsection (1), there is allocated an amount not to
exceed $500,000.00 for 2018-2019 for a grant to an eligible program that has a goal
to slow or prevent the K to 4 summer reading slide among all pupils enrolled in
grades K to 4, particularly those from economically disadvantaged households.
Funds allocated under this subsection are grant funds and must be distributed
by the department. A program is eligible if it meets at least all of the
following:
(a) The program’s
objective is to deliver a bilingual, in-home, individualized summer reading
program consisting of self-selected, independent reading level books to K to 4
pupils each week during the summer.
(b) Is evaluated
quantitatively and qualitatively using pre- and post-standardized test score
comparison and parent and school surveys specific to each district.
(c) Incorporates at
least weekly interactive parental and family engagement during the summer.
(d) Builds on
pedagogical and literacy principles to scaffold fluency to improve reading
comprehension with pupil exercises.
(e) Provides at least
4, and up to 9, student-selected new books to read and keep.
(f) Collects,
analyzes, and reports detailed data on parental engagement, books read, and
spring-to-fall reading scores.
(g) Follows the
department’s top 10 in 10 goals and strategies, with an emphasis on goals 4 and
5.
(h) Focuses on
in-home program delivery through weekly mailings.
(i) Provides summary
data to the legislature and to the department for all pupils served by the
program after each summer.
(8) (9) From the state school aid fund money allocated
under subsection (1), there is allocated an amount not to exceed $1,000,000.00
for 2018-2019 2019-2020 to
an intermediate district in which the combined total number of pupils in
membership of all of its constituent districts is the fewest among all
intermediate districts. All of the following apply to the funding under this
subsection:
(a) Funding under this
subsection must be used by the intermediate district, in partnership with an
association that represents
intermediate district administrators in this state, to implement both of the
following:
(i)
Literacy essentials teacher and principal training modules.
(ii)
Face-to-face and online professional learning of literacy essentials teacher
and principal training modules for literacy coaches, principals, and teachers.
(b) Not later than September 1 of each year,
the intermediate district described in this subsection, in consultation with
grant recipients, shall submit a report to the chairs of the senate and house
appropriations subcommittees on state school aid and the chairs of the senate
and house standing committees responsible for education legislation. The report
described under this subdivision must include student achievement results in
English language arts and survey results with feedback from parents and
teachers regarding the initiatives implemented under this subsection.
(9) The intermediate
district described in subsection (8), in partnership with an association that
represents intermediate district administrators in this state, shall use not
more than $300,000.00 of the state school aid fund money allocated in
subsection (1) for the purpose of providing literacy training, modeling,
coaching, and feedback for district and public school academy principals. The
training must use the pre-K and K-3 essential instructional practices in
literacy created by the General Education Leadership Network as the framework
for all training. Training must be provided in 5 regions in the state to
provide easy access for all principals. In addition, training must be
competency-based and must lead to both credit toward required continuing
education hours and a micro-credential in literacy instruction.
(10) If a district or intermediate district expends any funding received
under subsection (4) or (5) for professional development in research-based
effective reading instruction, the district or intermediate district shall
select a professional development program from the list described under
subdivision (a). All of the following apply to the requirement under this
subsection:
(a) The department shall issue a request for proposals for professional
development programs in research-based
effective reading instruction to develop an initial approved list of
professional development programs in research-based effective reading
instruction. The department shall complete and make the initial approved list public not later than December 1, 2019. After
December 1, 2019, the department shall determine if it will, on a
rolling basis, approve any new proposals submitted for addition to its initial
approved list.
(b) To be included as an approved professional development program in
research-based effective reading instruction under subdivision (a), an
applicant must demonstrate to the department in writing the program’s
competency in all of the following topics:
(i) Understanding of phonemic awareness, phonics, fluency, vocabulary, and
comprehension.
(ii) Appropriate use of assessments and differentiated instruction.
(iii) Selection of appropriate instructional materials.
(iv) Application of research-based instructional practices.
(c) As used in this subsection, “effective reading instruction” means
reading instruction scientifically proven to result in improvement in pupil
reading skills.
(11) From the money allocated under subsection (1), there is allocated
for 2019-2020 only an amount not to exceed $15,000,000.00 for a summer school
reading program for grade 3 pupils who did not score at least proficient on the
English language arts portion of the Michigan student test of educational
progress (M-STEP) and for pupils in grades K to 2 who are not reading at grade
level. All of the following apply to the funding allocated under this
subsection:
(a) To be eligible for funding under this subsection, a district must
apply in a form and manner determined by the department by not later than
December 15, 2019.
(b) The department shall award funding under this subsection not later
than March 15, 2020.
(c) The amount of funding to each eligible district is equal to the
quotient of $15,000,000.00 divided by the sum of the number of pupils determined
by the department to have scored less than proficient on the English language
arts portion of the 2019 grade 3 Michigan student test of educational progress
(M-STEP) among all of the districts that apply and are eligible for funding for
a summer school reading program under this subsection.
(d) A district that is awarded funding under this subsection must agree
to use the funding for 3 summer school reading programs over 3 fiscal
years.
(e) A district that is awarded funding under this subsection must
prioritize its summer school reading program toward grade 3 pupils who scored
less than proficient on the English language arts portion of the Michigan
student test of educational progress (M-STEP), but may extend the program to
any pupil in grades K to 2 who is not reading at grade level if the program has
capacity.
(12) (10) Notwithstanding
section 17b, the department shall make payments
made under subsection (9) shall be made not later than
March 1, 2019.subsections (7), (8), (9), and (11)
on a schedule determined by the department.
Sec.
35b. (1) From the general fund money appropriated in section 11, there is
allocated for 2018-2019 2019-2020
only an amount not to exceed $250,000.00 $350,000.00 for a grant to be distributed by the
department to the Children’s Choice Initiative to create a pilot program to use
a multisensory structured language education method to improve reading
proficiency rates and to comply with section 1280f of the revised school code,
MCL 380.1280f.
(2)
Grant funds awarded under this section must be expended for the following
purposes:
(a)
Professional development including training staff and tutors in a multisensory,
sequential, systematic education approach.
(b)
Additional instructional time before, during, or after school for pupils in
grades K to 3 identified as having an early literacy delay or reading
deficiency using a multisensory, sequential, systematic education approach.
(3)
Not later than December 1, 2020, an entity that receives grant funds under this
section shall report to the house and senate appropriations subcommittees on
school aid, the house and senate fiscal agencies, and the state budget director
on all of the following for the grant funds awarded under this section:
(a)
The number of staff and tutors trained.
(b)
The number of pupils in grades K to 3 identified as having an early literacy
delay or reading deficiency served.
(c)
The number of hours of added instructional time provided to pupils served.
(d)
Pupil reading proficiency and growth data of pupils served as necessary to evaluate the effectiveness of the
program.
Sec. 35c. (1) From the state school aid fund money appropriated under section 11,
there is allocated an amount not to exceed
$300,000.00 for 2019-2020 only for a grant to be distributed by the department
to an eligible district to create a pilot program to use a multisensory
structured reading instruction professional development program to improve
reading proficiency rates.
(2) A district is eligible for a grant under this section if the
district meets all of the following:
(a) The district partners with a multisensory,
structured reading instruction professional development program that meets all of the following:
(i) Is based in Michigan.
(ii) Has 20 or more years of experience in reading instruction.
(iii) Has trained at least 100,000 teachers in reading instruction.
(iv) Has at least 25 training instructors with at least a master’s degree
who are certified on the Knowledge and Practice Examination for Effective
Reading Instruction through the Center for Effective Reading Instruction.
(v) Provides training in more than 40 states.
(vi) Offers graduate-level credits through a regionally accredited
university.
(b) The district partners with the program described in subdivision (a)
to provide multisensory structured reading instruction professional development
for staff in grades K to 3 general education or grades K to 12 special
education, or both.
(3) A district may expend grant funds awarded under
this section, in collaboration with the multisensory structured reading instruction professional development program
described in subsection (2), for the following purposes:
(a) Professional development, including training staff in the multisensory,
sequential, systematic education approach used by the program.
(b) Multisensory, sequential, systematic education
approach teaching materials for pupils in grades K to 3 general education or K to 12 special education, or both.
(4) Not later than December 1, 2021, a district that receives grant
funds under this section shall report to the house and senate appropriations
subcommittees on school aid, the house and senate fiscal agencies, and the
state budget director on all of the following for the grant funds awarded under
this section:
(a) The number of staff trained.
(b) The number of general education and
special education pupils served, including the number of pupils identified as
having an early literacy delay or reading deficiency.
(c) The number of hours of added instructional
time provided to the pupils served.
(d) Pupil reading proficiency and growth data
of pupils served as necessary to evaluate the effectiveness of the program.
Sec.
35d. (1) From the general
fund money appropriated in section 11, there is allocated for 2019-2020 only an amount not to exceed $500,000.00 for a competitive grant for an
intermediate district to implement a social-emotional learning pilot program.
The department shall determine the process for application and criteria for
awarding the grant.
(2) An intermediate district that is awarded a
grant under this section shall do all of the following in implementing the
pilot program:
(a) Conduct the pilot program in 5 districts,
at least 1 of which is an urban district, at least 1 of which is a suburban
district, and at least 1 of which is a rural district.
(b) Provide training to teachers and
building-level administrators on coaching and feedback techniques on the topic
of social-emotional learning experiences.
(3) The department shall conduct a survey of
the districts in the social-emotional learning pilot program before and after
implementation of the social-emotional learning pilot program in order to
measure the impact of the pilot program.
(4) The department shall provide to the house
and senate appropriations subcommittees on school aid and the house and senate
fiscal agencies a report that contains the results of the survey under
subsection (3) and an evaluation of the strengths, weaknesses, and
effectiveness of the pilot program.
(5) The department may withhold for the
administration of this section an amount not to exceed 5% of the funds
allocated under this section.
Sec. 39. (1) An eligible applicant receiving funds under section 32d shall
submit an application, in a form and manner prescribed by the department, by a
date specified by the department in the immediately preceding state fiscal year. The
application shall not require an An eligible
applicant is not required to amend the applicant’s
current accounting cycle or adopt this state’s fiscal year accounting cycle in
accounting for financial transactions under this section. The application shall must include all
of the following:
(a) For 2018-2019 calculations, the The estimated total number of children in the community
who meet the criteria of section 32d, as provided to the applicant by the
department utilizing the most recent population data available from the
American Community Survey conducted by the United States Census Bureau. Beginning in 2018-2019, the The
department shall ensure that it provides updated American Community
Survey population data at least once every 3 years.
(b) The estimated number of children in the community who meet the
criteria of section 32d and are being served exclusively by Head Start programs
operating in the community.
(c) The number of children whom the applicant has the capacity to serve
who meet the criteria of section 32d including a verification of physical
facility and staff resources capacity.
(2) After notification of funding allocations, an applicant receiving
funds under section 32d shall also submit an implementation plan for approval,
in a form and manner prescribed by the department, by a date specified by the department, that details how the
applicant complies with the program components established by the
department pursuant to section 32d.
(3) The initial allocation to each eligible applicant under section 32d shall be is the lesser
of the following:
(a) The sum of the number of children served in a
school-day program in the preceding school year multiplied by
$7,250.00 and the number of children served in a GSRP/Head Start blended
program or a part-day program in the preceding school year multiplied by
$3,625.00.
(b) The sum of the number of children the applicant has the capacity to
serve in 2018-2019 the
current school year in a school-day program multiplied by $7,250.00
and the number of children served in a GSRP/Head Start blended program
or a part-day program the applicant has the capacity to serve in 2018-2019 the current school
year multiplied by $3,625.00.
(4) If funds remain after the allocations under subsection (3), the
department shall distribute the remaining funds to each intermediate district
or consortium of intermediate districts that serves less than the state
percentage benchmark determined under subsection (5). These
The department shall distribute these remaining
funds shall be distributed to each eligible
applicant based upon each applicant’s proportionate share of the remaining
unserved children necessary to meet the statewide percentage benchmark in
intermediate districts or consortia of intermediate districts serving less than
the statewide percentage benchmark. When all applicants have been given the
opportunity to reach the statewide percentage benchmark, the statewide
percentage benchmark may be reset, as determined by the department, until
greater equity of opportunity to serve eligible children across all
intermediate school districts has been achieved.
(5) For the purposes of subsection (4), for the
2018-2019 program year, the department shall calculate a percentage of
children served by each intermediate district or consortium of intermediate
districts by dividing the number of children served in the immediately
preceding year by that intermediate district or consortium by the total number
of children within the intermediate district or consortium of intermediate
districts who meet the criteria of section 32d as determined by the department
utilizing the most recent population data available from the American Community
Survey conducted by the United States Census Bureau. The department shall
compare the resulting percentage of eligible children served to a statewide
percentage benchmark to determine if the intermediate district or consortium is
eligible for additional funds under subsection (4). For
2018-2019, the The statewide percentage
benchmark is 60%.
(6) If, taking into account the total amount to be allocated to the
applicant as calculated under this section, an applicant determines that it is
able to include additional eligible children in the great start readiness
program without additional funds under section 32d, the applicant may include
additional eligible children but shall does not receive additional funding under section 32d
for those children.
(7) The department shall review the program components under section 32d
and under this section at least biennially. The department also shall convene a
committee of internal and external stakeholders at least once every 5 years to
ensure that the funding structure under this section reflects current system
needs under section 32d.
(8) As used in this section, “school-day program”, “GSRP/Head Start
blended program”, and “part-day program” mean those terms as defined in section
32d.
(a) An amount estimated
at $1,200,000.00 for 2018-2019 2019-2020 to provide students with drug- and violence-prevention programs and to implement
strategies to improve school safety, funded from DED-OESE, drug-free
schools and communities funds.
(b) An amount estimated
at $100,000,000.00 for 2018-2019 2019-2020 for the purpose of preparing, training, and
recruiting high-quality teachers and class size reduction, funded from
DED-OESE, improving teacher quality funds.
(c) An amount estimated
at $11,000,000.00 for 2018-2019 2019-2020 for programs to teach English to limited
English proficient (LEP) children, funded from DED-OESE, language acquisition
state grant funds.
(d) An amount estimated
at $2,800,000.00 for 2018-2019 2019-2020 for rural and low income schools, funded from
DED-OESE, rural and low income school funds.
(e) An amount estimated
at $535,000,000.00 for 2018-2019 2019-2020 to provide supplemental programs to enable educationally disadvantaged children to
meet challenging academic standards, funded from DED-OESE, title I,
disadvantaged children funds.
(f) An amount estimated
at $9,200,000.00 for 2018-2019 2019-2020 for the purpose of identifying and serving
migrant children, funded from DED-OESE, title I, migrant education funds.
(g) An amount estimated
at $39,000,000.00 for 2018-2019 2019-2020 for the purpose of providing high-quality
extended learning opportunities, after school and during the summer, for
children in low-performing schools, funded from DED-OESE, twenty-first century
community learning center funds.
(h) An amount estimated
at $12,000,000.00 for 2018-2019 2019-2020 to help support local school improvement
efforts, funded from DED-OESE, title I, local school improvement grants.
(i)
An amount estimated at $15,400,000.00 for 2018-2019 2019-2020 to improve the academic achievement of students, funded from DED-OESE, title IV,
student support and academic enrichment grants.
(j)
An amount estimated at $5,000,000.00 for 2018-2019 for the remaining balance of
the amount appropriated under the former section 32r, for federal funding
awarded to this state under sections 14005, 14006, and 14013 of title XIV of
the American recovery and reinvestment act of 2009, Public Law 111-5, for the
race to the top early learning challenge grant.
(2)
From the federal funds appropriated in section 11, there is allocated for 2018-2019 2019-2020 to
districts, intermediate districts,
and other eligible entities all available federal funding, estimated at $51,200,000.00 for 2018-2019 $49,100,000.00
for 2019-2020 for the following programs that are funded by federal
grants:
(a) An amount estimated
at $100,000.00 for 2018-2019 2019-2020 for acquired immunodeficiency syndrome
education grants, funded from HHS – Centers for Disease Control and Prevention,
AIDS funding.
(b) An amount estimated
at $1,900,000.00 for 2018-2019 2019-2020 to provide services to homeless children and
youth, funded from DED-OVAE, homeless children and youth funds.
(c) An amount estimated
at $4,000,000.00 for 2018-2019 2019-2020 to provide mental health, substance abuse, or
violence prevention services to students, funded from HHS-SAMHSA.
(d) An amount estimated at $24,000,000.00 for 2018-2019 2019-2020 for
providing career and technical education services to pupils, funded from
DED-OVAE, basic grants to states.
(e) An amount estimated at $14,000,000.00 for 2018-2019 2019-2020 for
the Michigan charter school subgrant program, funded from DED–OII, public
charter schools program funds.
(f) An amount estimated at $7,200,000.00 for 2018-2019 $5,100,000.00
for 2019-2020 for the purpose of promoting and expanding high-quality
preschool services, funded from HHS–OCC, preschool development funds.
(3) All The department shall distribute all federal funds
allocated under this section shall be distributed in
accordance with federal law and with flexibility provisions outlined in Public
Law 107-116, and in the education
flexibility partnership act of 1999, Public Law 106-25. Notwithstanding section
17b, the department
shall make payments of federal funds to districts, intermediate
districts, and other eligible entities under this section shall be paid on a schedule determined by the
department.
(4) For the purposes of applying for federal
grants appropriated under this article, the department shall allow an
intermediate district to submit a consortium application on behalf of 2 or more
districts with the agreement of those districts as appropriate according to
federal rules and guidelines.
(5) For the purposes of funding federal title
I grants under this article, in addition to any other federal grants for which a the strict discipline
academy is eligible, the department shall allocate to a strict
discipline academies academy
out of title I, part A funds an amount equal to what a the strict discipline academy would have received if
included and calculated under title I, part D, or what it would receive under
the formula allocation under title I, part A, whichever is greater.
(6) As used in this section:
(a) “DED” means the United States Department
of Education.
(b) “DED-OESE” means the DED Office of
Elementary and Secondary Education.
(c) “DED-OII” means the DED Office of
Innovation and Improvement.
(d) “DED-OVAE” means the DED Office of
Vocational and Adult Education.
(e) “HHS” means the United States Department
of Health and Human Services.
(f) “HHS-OCC” means the HHS Office of Child
Care.
(g) “HHS-SAMHSA” means the HHS Substance Abuse
and Mental Health Services Administration.
Sec. 41.
(1) For a district or public school academy to be eligible to receive funding
under this section, the district or public
school academy must administer to English language learners the English
language proficiency assessment known
as the “WIDA ACCESS for English language learners” or the “WIDA Alternate
ACCESS”. From the appropriation in
section 11, there is allocated an amount not to exceed $6,000,000.00 $13,000,000.00 for 2018-2019 2019-2020 for payments to eligible districts and
eligible public school academies for services for
English language learners who have been administered the WIDA ACCESS for
English language learners.
(2) Funding The department shall
distribute funding allocated under this section
shall be distributed subsection (1) to
eligible districts and eligible public school academies based on the number of
full-time equivalent English language learners as follows:
(a) $620.00 $900.00 per
full-time equivalent English language learner who has been assessed under the
WIDA ACCESS for English language learners or the WIDA Alternate ACCESS with a
WIDA ACCESS or WIDA Alternate ACCESS composite score between 1.0 and 1.9, or
less, as applicable to each assessment.
(b) $410.00 $620.00 per full-time equivalent English language learner who has
been assessed under the WIDA ACCESS for English language learners or the WIDA
Alternate ACCESS with a WIDA ACCESS or WIDA Alternate ACCESS composite score
between 2.0 and 2.9, or less, as applicable to each assessment.
(c) $100.00 per full-time equivalent English language learner who has
been assessed under the WIDA ACCESS for English language learners or the WIDA
Alternate ACCESS with a WIDA ACCESS or WIDA
Alternate ACCESS composite score between 3.0 and 3.9, or less, as applicable to
each assessment.
(3) If
funds allocated under this section subsection (1) are insufficient to fully fund the
payments as prescribed under subsection (2), the
department shall prorate payments shall be
prorated on an equal percentage basis, with the same percentage
proration applied to both all funding categories.
(4)
Each district or public school academy receiving funds under this section subsection (1) shall
submit to the department by July 15 of each fiscal year a report, not to exceed
10 pages, on the usage by the district or public school academy of funds under this section, subsection (1) in
a form and manner determined by the department, which
shall include including a brief description
of each program conducted or services performed by the district or public
school academy using funds under this section subsection (1) and the amount of funds under this section subsection (1) allocated
to each of those programs or services. If a district or public school academy
does not comply with this section, 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 section subsection by the end of the state fiscal year, the
withheld funds shall be are
forfeited to the school aid fund.
(5) In order to receive funds under this section,
subsection (1), a district or public school
academy shall allow access for the department or the department’s designee to
audit all records related to the program for which it receives those funds. The
district or public school academy shall reimburse this state for all
disallowances found in the audit.
(6) Beginning July 1, 2020, and every 3 years thereafter, the department
shall review the per-pupil distribution under subsection (2), to ensure that
funding levels are appropriate and make recommendations for adjustments to the
members of the senate and house subcommittees on K-12 school aid
appropriations.
(7) In addition to the money allocated under
subsection (1), from the talent investment fund money appropriated under
section 11, there is allocated for 2019-2020 only an amount not to exceed
$3,000,000.00 for 1-time payments to districts and public school academies for
capital improvements in support of programming and instruction for English
language learners. The department shall make payments to districts and public
school academies in the same proportion of the total amount allocated under
this subsection as the amount of the district’s or public school academy’s
payment under subsection (2) represents compared to the total payments made
under subsection (2).
Sec. 51a. (1) From the appropriation in section 11,
there is allocated an amount not to exceed $960,446,100.00 for
2017-2018 $1,008,996,100.00 for
2018-2019 and there is allocated an amount not to exceed $983,196,100.00 for 2018-2019 $1,045,196,100.00 for 2019-2020 from
state sources and all available federal funding under sections 611 to 619 of
part B of the individuals with disabilities education act, 20 USC 1411 to 1419,
estimated at $370,000,000.00 each fiscal year for 2017-2018
2018-2019 and for 2018-2019,
2019-2020, plus any carryover federal funds
from previous year appropriations. In addition, from the general fund
appropriation in section 11, there is allocated to the department an amount not
to exceed $500,000.00 for each fiscal year for
2017-2018 and for 2018-2019 for the purpose of subsection (16). The
allocations under this subsection are for the purpose of reimbursing districts
and intermediate districts for special education programs, services, and
special education personnel as prescribed in article 3 of the revised school
code, MCL 380.1701 to 380.1761; net tuition payments made by intermediate
districts to the Michigan Schools for the Deaf and Blind; and special education
programs and services for pupils who are eligible for special education
programs and services according to statute or rule. For meeting the costs of
special education programs and services not reimbursed under this article, a
district or intermediate district may use money in general funds or special
education funds, not otherwise restricted, or contributions from districts to
intermediate districts, tuition payments, gifts and contributions from
individuals or other entities, or federal funds that may be available for this
purpose, as determined by the intermediate district plan prepared pursuant to under article
3 of the revised school code, MCL 380.1701 to 380.1761. Notwithstanding section 17b,
the department shall make payments of federal
funds to districts, intermediate districts, and other eligible entities under
this section shall be paid on a schedule
determined by the department.
(2) From the funds allocated under subsection (1), there is allocated
the amount necessary, and estimated at $266,900,000.00 for 2017-2018 $286,800,000.00
for 2018-2019 and estimated at $273,100,000.00
for 2018-2019, $297,800,000.00 for 2019-2020, for
payments toward reimbursing districts and intermediate districts for 28.6138%
of total approved costs of special education, excluding costs reimbursed under
section 53a, and 70.4165% of total approved costs of special education
transportation. Allocations under this subsection shall
be are made as follows:
(a) The department shall calculate the initial
amount allocated to a district under this subsection toward fulfilling the
specified percentages shall be calculated by
multiplying the district’s special education pupil membership, excluding pupils
described in subsection (11), times the foundation allowance under section 20
of the pupil’s district of residence, plus the amount of the district’s per-pupil allocation under
section 20m, not to exceed the basic foundation allowance under section
20 for the current 2018-2019
fiscal year and beginning with 2019-2020 not to
exceed the target foundation allowance for the current fiscal year, or,
for a special education pupil in membership in a district that is a public
school academy, times an amount equal to the amount per membership pupil
calculated under section 20(6). For an intermediate district, the amount
allocated under this subdivision toward fulfilling the specified percentages shall be is an amount
per special education membership pupil, excluding pupils described in
subsection (11), and shall be is calculated in the same manner as for a district,
using the foundation allowance under section 20 of the pupil’s district of
residence, not to exceed the basic foundation allowance under section 20 for
the current 2018-2019 fiscal
year , and that district’s
per-pupil allocation under section 20m.and
beginning with 2019-2020 not to exceed the target foundation allowance for the
current fiscal year.
(b) After the allocations under subdivision (a), districts and intermediate districts the department shall pay a district or intermediate district for
which the payments calculated under subdivision (a) do not fulfill the
specified percentages shall be paid the amount
necessary to achieve the specified percentages for the district or intermediate
district.
(3) From the funds allocated under subsection (1), there is allocated
for 2017-2018 2018-2019 an
amount not to exceed $1,300,000.00 $1,200,000.00 and there is allocated for 2019-2020 an amount not to exceed $1,300,000.00 for 2018-2019 $1,000,000.00
to make payments to districts and intermediate districts under this subsection. If the amount allocated to a district
or intermediate district for a fiscal year under subsection (2)(b) is less than the sum of the amounts allocated to
the district or intermediate district for 1996-97 under sections 52
and 58, there is allocated to the district or intermediate district for the
fiscal year an amount equal to that difference, adjusted by applying the same
proration factor that was used in the distribution of funds under section 52 in 1996-97 as adjusted to the
district’s or intermediate district’s necessary costs of special education
used in calculations for the fiscal year. This adjustment is to reflect
reductions in special education program operations or services between 1996-97
and subsequent fiscal years. Adjustments The department shall make adjustments for reductions in
special education program operations or services shall
be made in a manner determined by the department and shall include
adjustments for program or service shifts.
(4) If the department determines that the sum of the amounts allocated
for a fiscal year to a district or intermediate district under subsection
(2)(a) and (b) is not sufficient to fulfill the specified percentages in
subsection (2), then the department shall pay the shortfall
shall be paid to the district or intermediate
district during the fiscal year beginning on the October 1 following the
determination and shall adjust payments under
subsection (3) shall be adjusted as necessary.
If the department determines that the sum of the amounts allocated for a fiscal
year to a district or intermediate district under subsection (2)(a) and (b)
exceeds the sum of the amount necessary to fulfill the specified percentages in
subsection (2), then the department shall deduct the amount of the excess from
the district’s or intermediate district’s payments under this article for the
fiscal year beginning on the October 1 following the determination and shall adjust payments under subsection (3) shall be adjusted as necessary. However, if the
amount allocated under subsection (2)(a) in itself exceeds the amount necessary
to fulfill the specified percentages in subsection (2), there shall be is no deduction
under this subsection.
(5) State funds shall be are allocated on a total approved cost basis. Federal funds
shall be are allocated
under applicable federal requirements, except that an amount not to exceed
$3,500,000.00 may be allocated by the department each fiscal year for 2017-2018 and for 2018-2019 and
for 2019-2020 to districts, intermediate districts, or other eligible
entities on a competitive grant basis for programs, equipment, and services
that the department determines to be designed to benefit or improve special
education on a statewide scale.
(6) From the amount allocated in subsection (1), there is allocated an
amount not to exceed $2,200,000.00 each fiscal year for 2017-2018 and for 2018-2019 and
for 2019-2020 to reimburse 100% of the net increase in necessary costs
incurred by a district or intermediate district in implementing the revisions in
the administrative rules for special education that became effective on July 1,
1987. As used in this subsection, “net increase in necessary costs” means the
necessary additional costs incurred solely because of new or revised
requirements in the administrative rules minus cost savings permitted in
implementing the revised rules. Net The department shall determine net increase in necessary
costs shall be determined in a manner specified
by the department.
(7) For purposes of sections 51a to 58, all of the following apply:
(a) “Total approved costs of special education” shall be are determined
in a manner specified by the department and may include indirect costs, but shall must not exceed
115% of approved direct costs for section 52 and section 53a programs. The
total approved costs include salary and other compensation for all approved special education personnel for the
program, including payments for social security Social Security and
Medicare and public school employee retirement system contributions. The total
approved costs do not include salaries or other compensation paid to
administrative personnel who are not special education personnel as defined in
section 6 of the revised school code, MCL 380.6. Costs reimbursed by federal
funds, other than those federal funds included in the allocation made under
this article, are not included. Special education approved personnel not
utilized full time in the evaluation of students or in the delivery of special
education programs, ancillary, and other related services shall be are reimbursed
under this section only for that portion of time actually spent providing these
programs and services, with the exception of special education programs and
services provided to youth placed in child caring institutions or juvenile
detention programs approved by the department to provide an on-grounds
education program.
(b) Beginning with the 2004-2005 fiscal year, a district or intermediate
district that employed special education
support services staff to provide special education support services in
2003-2004 or in a subsequent fiscal year and that in a fiscal year after
2003-2004 receives the same type of support services from another district or intermediate district shall report the
cost of those support services for special education reimbursement
purposes under this article. This subdivision does not prohibit the transfer of
special education classroom teachers and special education classroom aides if
the pupils counted in membership associated with those special education
classroom teachers and special education classroom aides are transferred and
counted in membership in the other district or intermediate district in
conjunction with the transfer of those teachers and aides.
(c) If the department determines before bookclosing for a fiscal year
that the amounts allocated for that fiscal year under subsections (2), (3),
(6), and (11) and sections 53a, 54, and 56 will exceed expenditures for that
fiscal year under subsections (2), (3), (6), and (11) and sections 53a, 54, and
56, then for a district or intermediate
district whose reimbursement for that fiscal year would otherwise be affected
by subdivision (b), subdivision (b) does not apply to the
calculation of the reimbursement for that district or intermediate district and
the department shall calculate reimbursement for
that district or intermediate district shall be
calculated in the same manner as it was for 2003-2004. If the amount of
the excess allocations under subsections (2), (3), (6), and (11) and sections
53a, 54, and 56 is not sufficient to fully fund the calculation of
reimbursement to those districts and intermediate districts under this
subdivision, then the department shall prorate calculations
and resulting reimbursement under this subdivision shall
be prorated on an equal percentage basis. Beginning in 2015-2016, the
amount of reimbursement under this subdivision for a fiscal year shall must not exceed
$2,000,000.00 for any district or intermediate district.
(d) Reimbursement for ancillary and other related services, as defined
by R 340.1701c of the Michigan Administrative Code, shall
not be is not provided when those services
are covered by and available through private group health insurance carriers or
federal reimbursed program sources unless the department and district or
intermediate district agree otherwise and that agreement is approved by the
state budget director. Expenses, other than the incidental expense of filing, shall must not be borne
by the parent. In addition, the filing of claims shall
must not delay the education of a pupil. A
district or intermediate district shall be is responsible for payment of a deductible amount and
for an advance payment required until the time a claim is paid.
(e) Beginning with calculations for 2004-2005, if an intermediate
district purchases a special education pupil transportation service from a
constituent district that was previously purchased from a private entity; if
the purchase from the constituent district is at a lower cost, adjusted for
changes in fuel costs; and if the cost shift from the intermediate district to
the constituent does not result in any net change in the revenue the
constituent district receives from payments under sections 22b and 51c, then
upon application by the intermediate district, the department shall direct the
intermediate district to continue to report the cost associated with the
specific identified special education pupil transportation service and shall
adjust the costs reported by the constituent district to remove the cost
associated with that specific service.
(8) A pupil who is enrolled in a full-time special education program
conducted or administered by an intermediate district or a pupil who is
enrolled in the Michigan schools for the deaf and blind shall not be is not included
in the membership count of a district, but shall be is counted in membership in the intermediate district of
residence.
(9) Special education personnel transferred from 1 district to another
to implement the revised school code shall be are entitled to the rights, benefits, and tenure to
which the person would otherwise be entitled had that person been employed by
the receiving district originally.
(10) If a district or intermediate district uses money received under
this section for a purpose other than the purpose or purposes for which the
money is allocated, the department may require the district or intermediate
district to refund the amount of money received. Money
The department shall deposit money that is
refunded shall be deposited in the state
treasury to the credit of the state school aid fund.
(11) From the funds allocated in subsection (1), there is allocated the
amount necessary, estimated at $3,200,000.00 for
2017-2018, $3,100,000.00 for 2018-2019 and
estimated at $3,400,000.00 for 2018-2019, $2,900,000.00 for 2019-2020, to pay the foundation
allowances for pupils described in this subsection. The department
shall calculate the allocation to a district under this subsection shall be calculated by multiplying the number of
pupils described in this subsection who are counted in membership in the
district times the sum of the foundation allowance under section 20 of the
pupil’s district of residence plus the amount of the
district’s per-pupil allocation under section 20m, not to exceed the
basic foundation allowance under section 20 for the current
2018-2019 fiscal year
and beginning with 2019-2020 not to exceed the target foundation allowance for
the current fiscal year, or, for a pupil described in this subsection
who is counted in membership in a district that is a public school academy,
times an amount equal to the amount per membership pupil under section 20(6). or, for a pupil described in
this subsection who is counted in membership in the education achievement
system, times an amount equal to the amount per membership pupil under section
20(7). The department shall calculate the allocation
to an intermediate district under this subsection shall
be calculated in the same manner as for a district, using the foundation
allowance under section 20 of the pupil’s district of residence, not to exceed
the basic foundation allowance under section 20 for the current 2018-2019 fiscal
year , and that district’s
per-pupil allocation under section 20m. and
beginning with 2019-2020 not to exceed the target foundation allowance for the
current fiscal year. This subsection applies to all of the following
pupils:
(a) Pupils described in section 53a.
(b)
Pupils counted in membership in an intermediate district who are not special
education pupils and are served by the intermediate district in a juvenile
detention or child caring facility.
(c)
Pupils with an emotional impairment counted in membership by an intermediate
district and provided educational services by the department of health and
human services.
(12)
If it is determined that funds allocated under subsection (2) or (11) or under
section 51c will not be expended, funds up to the amount necessary and
available may be used to supplement the allocations under subsection (2) or
(11) or under section 51c in order to fully fund those allocations. After
payments under subsections (2) and (11) and section 51c, the department shall expend the remaining expenditures funds from
the allocation in subsection (1) shall be made in
the following order:
(a)
100% of the reimbursement required under section 53a.
(b)
100% of the reimbursement required under subsection (6).
(c)
100% of the payment required under section 54.
(d)
100% of the payment required under subsection (3).
(e)
100% of the payments under section 56.
(13)
The allocations under subsections (2), (3), and (11) shall
be are allocations to intermediate
districts only and shall not be are not allocations to districts, but instead shall be are calculations
used only to determine the state payments under section 22b.
(14)
If a public school academy that is not a cyber school, as defined in section
551 of the revised school code, MCL 380.551, enrolls under this section a pupil
who resides outside of the intermediate district in which the public school
academy is located and who is eligible for special education programs and
services according to statute or rule, or who is a child with disabilities, as
defined under the individuals with disabilities education act, Public Law
108-446, the intermediate district in which the public school academy is
located and the public school academy shall enter into a written agreement with
the intermediate district in which the pupil resides for the purpose of
providing the pupil with a free appropriate public education, and the written
agreement shall must include
at least an agreement on the responsibility for the payment of the added costs
of special education programs and services for the pupil. If the public school
academy that enrolls the pupil does not enter into an agreement under this
subsection, the public school academy shall not charge the pupil’s resident
intermediate district or the intermediate district in which the public school
academy is located the added costs of special education programs and services
for the pupil, and the public school academy is not eligible for any payouts
based on the funding formula outlined in the resident or nonresident
intermediate district’s plan. If a pupil is not enrolled in a public school
academy under this subsection, the provision of special education programs and
services and the payment of the added costs of special education programs and
services for a pupil described in this subsection are the responsibility of the
district and intermediate district in which the pupil resides.
(15)
For the purpose of receiving its federal allocation under part B of the
individuals with disabilities education act, Public Law 108-446, a public
school academy that is a cyber school, as defined in section 551 of the revised
school code, MCL 380.551, and is in compliance with section 553a of the revised
school code, MCL 380.553a, shall directly receive receives the
federal allocation under part B of the individuals with disabilities education act, Public Law 108-446, from the intermediate
district in which the cyber school is located, as the subrecipient. If
the intermediate district does not distribute the funds described in this
subsection to the cyber school by the part B
application due date of July 1, the department may distribute the funds described
in this subsection directly to the cyber school according to the formula
prescribed in 34 CFR 300.705 and 34 CFR 300.816.
(16)
For a public school academy that is a cyber school, as defined in section 551
of the revised school code, MCL 380.551, and is in compliance with section 553a
of the revised school code, MCL 380.553a, that enrolls a pupil under this
section, the intermediate district in which the cyber school is located shall
ensure that the cyber school complies with sections 1701a, 1703, 1704, 1751,
1752, 1756, and 1757 of the revised school code, MCL 380.1701a, 380.1703,
380.1704, 380.1751, 380.1752, 380.1756, and 380.1757; applicable rules; and the
individuals with disabilities education act, Public Law 108-446. From the
general fund appropriation under subsection
(1), for 2018-2019 only the department shall
provide appropriate administrative funding to the intermediate district
in which that cyber school is located for the purpose of ensuring that
compliance.
(17) For the purposes of this section, the department or
the center shall only require a district or intermediate
district to report information that is not already available from the financial
information database maintained by the center.
Sec. 51c. As required by the court in the consolidated cases known as Durant v
State of Michigan, 456 Mich 175 (1997), from the allocation under
section 51a(1), there is allocated each fiscal year for 2017‑2018 2018-2019 and
for 2018-2019 2019-2020 the
amount necessary, estimated at $636,900,000.00 for
2017-2018 and $651,000,000.00 for 2018-2019, $663,500,000.00
for 2018-2019 and $689,100,000.00 for 2019-2020, for payments to
reimburse districts for 28.6138% of total approved costs of special education
excluding costs reimbursed under section 53a, and 70.4165% of total approved
costs of special education transportation. Funds
allocated under this section that are not expended in the state fiscal year for
which they were allocated, as determined by the department, may be used to
supplement the allocations under sections 22a and 22b in order to fully
fund those calculated allocations for the same fiscal year.
Sec. 51d. (1) From the federal funds appropriated
in section 11, there is allocated for 2018-2019 2019-2020 all
available federal funding, estimated at $61,000,000.00, for special education
programs and services that are funded by federal grants. All The department shall
distribute all federal funds allocated under this section shall be distributed in accordance with federal law.
Notwithstanding section 17b, the department shall make payments
of federal funds to districts, intermediate districts, and other eligible
entities under this section shall be paid on a
schedule determined by the department.
(2) From the federal funds allocated under subsection (1), the following
amounts are allocated for 2018‑2019:2019-2020:
(a) An amount estimated at $14,000,000.00 for
handicapped infants and toddlers, funded from DED-OSERS,
handicapped infants and toddlers funds.
(b) An amount estimated at $12,000,000.00 for
preschool grants (Public Law 94-142), funded from DED‑OSERS,
handicapped preschool incentive funds.
(c) An amount estimated at $35,000,000.00 for special education programs
funded by DED-OSERS, handicapped program, individuals with disabilities act
funds.
(3) As used in this section, “DED-OSERS” means the United States
Department of Education Office of Special Education and Rehabilitative
Services.
Sec. 51f. (1) From the funds
appropriated under section 11, there is allocated for 2019-2020 an amount not
to exceed $60,207,000.00 for payments to districts and intermediate districts
to increase the level of reimbursement of costs associated with providing
special education services required under state and federal law.
(2) A district’s or
intermediate district’s allocation under this section is equal to the level
percentage multiplied by each district’s or intermediate district’s costs
reported to the center on the special education actual cost report, known as “SE-4096”
as referred to under section 18(6), as approved by the department.
(3) The total reimbursement
under this section and under section 51c must not exceed the total reported
costs for a district or intermediate district.
(4) For 2019-2020, the level
percentage is estimated at 2.0%.
(5) For the purposes of this
section, “level percentage” means the percentage calculated by dividing the
allocation in subsection (1) by the total of costs reported to the center on
the special education actual cost report, known as “SE-4096” as referred to
under section 18(6), as approved by the department.
Sec. 53a. (1) For districts, reimbursement for pupils described in
subsection (2) shall be is
100% of the total approved costs of operating special education programs
and services approved by the department and included in the intermediate
district plan adopted pursuant to article 3 of the revised school code, MCL
380.1701 to 380.1761, minus the district’s foundation allowance calculated
under section 20. and
minus the district’s per-pupil allocation under section 20m. For
intermediate districts, the department shall calculate reimbursement
for pupils described in subsection (2) shall be
calculated in the same manner as for a district, using the foundation
allowance under section 20 of the pupil’s district of residence, not to exceed
the basic target foundation
allowance under section 20 for the current fiscal year. , and that district’s per-pupil allocation under section
20m.
(2) Reimbursement under subsection (1) is for the following special
education pupils:
(a) Pupils assigned to a district or intermediate district through the
community placement program of the courts or a state agency, if the pupil was a
resident of another intermediate district at the time the pupil came under the
jurisdiction of the court or a state agency.
(b) Pupils who are residents of institutions operated by the department
of health and human services.
(c) Pupils who are former residents of department of community health
institutions for the developmentally disabled who are placed in community
settings other than the pupil’s home.
(d) Pupils enrolled in a department-approved on-grounds educational
program longer than 180 days, but not longer
than 233 days, at a residential child care institution, if the child care
institution offered in 1991-92 an on-grounds educational program longer
than 180 days but not longer than 233 days.
(e) Pupils placed in a district by a parent for the purpose of seeking a
suitable home, if the parent does not reside in the same intermediate district
as the district in which the pupil is placed.
(3) Only those costs that are clearly and directly attributable to
educational programs for pupils described in subsection (2), and that would not
have been incurred if the pupils were not being educated in a district or
intermediate district, are reimbursable under this section.
(4)
The costs of transportation shall be are funded under this section and shall not be are not reimbursed
under section 58.
(5) Not The department shall not
allocate more than $10,500,000.00 of the allocation for 2018-2019 2019-2020 in
section 51a(1) shall be allocated under this
section.
Sec.
54. Each intermediate district shall receive receives an amount per-pupil for each pupil in
attendance at the Michigan schools for the deaf and blind. The amount shall be is proportionate
to the total instructional cost at each school. Not The department shall not allocate more than
$1,688,000.00 of the allocation for 2018-2019 2019-2020 in section 51a(1) shall
be allocated under this section.
Sec.
54b. (1) From the general fund appropriation in section 11, there is allocated
an amount not to exceed $1,600,000.00 for 2018-2019 2019-2020 to continue the implementation of the
recommendations of the special education reform task force published in January
2016.
(2)
The department shall use funds allocated under this section for the purpose of
piloting statewide implementation of the Michigan Integrated Behavior and
Learning Support Initiative (MiBLSI), a nationally recognized program that
includes positive behavioral intervention and supports and provides a statewide
structure to support local initiatives for an integrated behavior and reading
program. With the assistance of the intermediate districts involved in MiBLSI,
the department shall identify a number of intermediate districts to participate
in the pilot that is sufficient to ensure that MiBLSI can be implemented statewide
with fidelity and sustainability. In addition, the department shall identify an
intermediate district to act as a fiscal agent for these funds.
Sec. 54d. (1) From the appropriations in section 11,
there is allocated an amount not to exceed $5,000,000.00 $7,150,000.00 for 2018-2019 2019-2020 to intermediate districts for the purpose of
providing state early on services pilot programs for children from birth to 3
years of age with a developmental delay or a disability, or both, and their
families, as described in the early on Michigan state plan, as approved by the
department.
(2) To
be eligible to receive grant funding under this section, each intermediate
district shall apply in a form and manner determined by the department.
(3)
The grant funding allocated under this section shall must be used to increase early on services and resources
available to children that demonstrate developmental delays to help prepare
them for success as they enter school. State early on services include
evaluating and providing early intervention services for eligible infants and
toddlers and their families to address developmental delays, including those
affecting physical, cognitive, communication, adaptive, social, or emotional
development. Grant funds must not be used to supplant existing services that
are currently being provided.
(4)
The department shall distribute the funds
allocated under subsection (1) shall be distributed to
intermediate districts according to the department’s early on funding formula
utilized to distribute the federal award to Michigan under part C of the
individuals with disabilities education act. Funds received under this section
must not supplant existing funds or resources allocated for early on early
intervention services. An intermediate district receiving funds under this
section shall maximize the capture of Medicaid funds to support early on early
intervention services to the extent possible.
(5)
Each intermediate district that receives funds under this section shall report
data and other information to the department in a form, manner, and frequency
prescribed by the department to allow for monitoring and evaluation of the
pilot projects and to ensure that the children described in subsection (1)
received appropriate levels and types of services delivered by qualified
personnel, based on the individual needs of the children and their families.
(6)
Notwithstanding section 17b, the department shall make payments
under this section shall be paid on a schedule
determined by the department.
Sec. 54e. (1) From the general fund money appropriated in section 11,
there is allocated for 2019‑2020 only an amount not to exceed $350,000.00
for a pilot program to train at least 60 early on providers in the components
of evidence-based parent-implemented models of intervention for the treatment
of autism. To receive funding under this section, a program provider must agree
to use the funds for training in these components for early on providers using
an evidence-based program to conduct the training and may receive the funding
in the form and manner prescribed by the department. The department shall
ensure that early on providers in multiple intermediate districts are provided
with training under this section and shall include early on providers in
intermediate districts based on interest in the program and need for the
training.
(2) The department shall conduct a survey of intermediate districts in
the pilot program described under this section after implementation of the
parent-implemented model of intervention pilot program to measure the impact of
the program. The department shall report the findings from the survey to the
legislature. The department may use existing vendors to conduct this data
collection. The department may use not more than 10% of the allocation under
this section for administration and management of the pilot program.
(3) As used in this section, “parent-implemented
model of intervention” means a model in which parents directly use
individualized developmentally appropriate intervention practices with their
children to increase the social abilities of children with autism.
(4) Notwithstanding section 17b, the
department shall make payments under this section on a schedule determined by
the department.
Sec. 55. (1) From the general fund money appropriated in section 11,
there is allocated an amount not to exceed $250,000.00 for 2018-2019 2019-2020 only to
the Conductive Learning Center located at Aquinas College. This funding must be
used to support the operational costs of the conductive education model taught
at the Conductive Learning Center to maximize the independence and mobility of
children and adults with neuromotor disabilities. The conductive education
model funded under this section must be based on the concept of neuroplasticity
and the ability of people to learn and improve when they are motivated,
regardless of the severity of their disability.
(2) Notwithstanding section 17b, the department shall distribute the
funding allocated under this section to the Conductive Learning Center not
later than December 1, 2018.January 15, 2020.
Sec. 56. (1) For the purposes of this section:
(a) “Membership” means for a particular fiscal year the total membership
for the immediately preceding fiscal year of the intermediate district and the
districts constituent to the intermediate district.
(b) “Millage levied” means the millage levied for special education pursuant
to part 30 of the revised school code, MCL 380.1711 to 380.1741, including a
levy for debt service obligations.
(c) “Taxable value” means the total taxable value of the districts
constituent to an intermediate district, except that if a district has elected
not to come under part 30 of the revised school code, MCL 380.1711 to 380.1741,
membership and taxable value of the district shall not
be are not included in the membership and
taxable value of the intermediate district.
(2) From the allocation under section 51a(1), there is allocated an amount not to exceed $37,758,100.00 for 2017-2018 $40,008,100.00 for 2018-2019 and an amount not to exceed
$40,008,100.00 for 2018-2019 2019-2020 to reimburse intermediate districts levying
millages for special education pursuant to part 30 of the revised school code, MCL 380.1711 to 380.1741. The purpose, use, and
expenditure of the reimbursement shall be are limited as if the funds were generated by these
millages and governed by the intermediate district plan adopted pursuant to
article 3 of the revised school code, MCL 380.1701 to 380.1761. As a condition
of receiving funds under this section, an intermediate district distributing
any portion of special education millage funds to its constituent districts shall
submit for departmental approval and implement a distribution plan.
(3) Reimbursement for those millages levied in
2016-2017 shall be made in 2017-2018 at an amount per 2016-2017 membership
pupil computed by subtracting from $185,000.00 the 2016-2017 taxable value
behind each membership pupil and multiplying the resulting difference by the
2016-2017 millage levied, and then subtracting from that amount the 2016-2017
local community stabilization share revenue for special education purposes
behind each membership pupil for reimbursement of personal property exemption
loss under the local community stabilization authority act, 2014 PA 86, MCL
123.1341 to 123.1362.
(3) (4) Except as otherwise provided in this subsection,
reimbursement for those millages levied in 2017-2018 shall be is made in
2018-2019 at an amount per 2017-2018 membership pupil computed by subtracting
from $193,700.00 $193,900.00
the 2017-2018 taxable value behind each membership pupil and multiplying
the resulting difference by the 2017-2018 millage levied, and then subtracting
from that amount the 2017-2018 local community stabilization share revenue for
special education purposes behind each membership pupil for reimbursement of
personal property exemption loss under the local community stabilization
authority act, 2014 PA 86, MCL 123.1341 to 123.1362. Reimbursement in 2018-2019
for an intermediate district whose 2017-2018 allocation was affected by the
operation of subsection (5) shall be is an amount equal to 102.5% of the 2017-2018 allocation
to that intermediate district.
(4) Except as otherwise
provided in this subsection, reimbursement for those millages levied in
2018-2019 is made in 2019-2020 at an amount per
2018-2019 membership pupil computed by subtracting from $201,800.00 the
2018-2019 taxable value behind each membership pupil and multiplying the
resulting difference by the 2018-2019 millage levied, and then subtracting from
that amount the 2018-2019 local community stabilization share revenue for
special education purposes behind each membership pupil for reimbursement of
personal property exemption loss under the local community stabilization authority act, 2014 PA 86, MCL 123.1341 to
123.1362. Reimbursement in 2019-2020 for an intermediate district whose
2017-2018 allocation was affected by the operation of subsection (5) is an
amount equal to 102.5% of the 2017-2018 allocation to that intermediate
district.
(5) The department shall ensure that the amount
paid to a single intermediate district under this section shall does not exceed
62.9% of the total amount allocated under subsection (2).
(6)
The department shall ensure that the amount paid
to a single intermediate district under this section shall
not be is not less than 75% of the amount
allocated to the intermediate district under this section for the immediately
preceding fiscal year.
Sec. 61a. (1) From the appropriation in section 11, there
is allocated an amount not to exceed $36,611,300.00 $37,611,300.00 for 2018-2019 2019-2020 to reimburse on an added cost basis districts,
except for a district that served as the fiscal agent for a vocational
education consortium in the 1993-94 school year and that has a foundation
allowance as calculated under section 20 greater than the minimum foundation
allowance under that section, and secondary
area vocational-technical education centers for secondary-level career and
technical education programs according to rules approved by the
superintendent. Applications for participation in the programs shall must be submitted
in the form prescribed by the department. The department shall determine the
added cost for each career and technical education program area. The department shall prioritize the allocation of added cost
funds shall be prioritized based on the capital
and program expenditures needed to operate the career and technical education
programs provided; the number of pupils enrolled; the advancement of pupils
through the instructional program; the existence of an articulation agreement
with at least 1 postsecondary institution that provides pupils with
opportunities to earn postsecondary credit during the pupil’s participation in
the career and technical education program and transfers those credits to the
postsecondary institution upon completion of the career and technical education
program; and the program rank in student placement, job openings, and wages,
and shall ensure that the allocation does not
exceed 75% of the added cost of any program. Notwithstanding any rule or
department determination to the contrary, when determining a district’s
allocation or the formula for making allocations under this section, the
department shall include the participation of pupils in grade 9 in all of those
determinations and in all portions of the formula. With the approval of the
department, the board of a district maintaining a secondary career and
technical education program may offer the program for the period from the close
of the school year until September 1. The program shall use existing facilities
and shall must be
operated as prescribed by rules promulgated by the superintendent.
(2) Except for a district that served as the fiscal agent
for a vocational education consortium in the 1993-94 school year, the department
shall reimburse districts and intermediate districts shall be reimbursed for local career and
technical education administration, shared time career and technical education
administration, and career education planning district career and technical
education administration. The superintendent shall adopt
guidelines for the definition of what constitutes administration and shall make reimbursement shall
be pursuant to those guidelines. adopted by the
superintendent. Not The department shall not
distribute more than $800,000.00 of the allocation in subsection (1) shall be distributed under this subsection.
(3) A
career and technical education program funded under this section may provide an
opportunity for participants who are eligible to be funded under section 107 to
enroll in the career and technical education program funded under this section
if the participation does not occur during regular school hours.
(4) In
addition to the money allocated under subsections subsection (1), and (5), from the general talent investment fund money appropriated in section 11,
there is allocated for 2018-2019 2019-2020 only an amount not to exceed $100,000.00 to an
eligible Michigan-approved 501(c)(3) organization for the purposes of teaching
or training restaurant management and culinary arts for career and professional
development. The department shall oversee funds distributed to an eligible
grantee under this section. As used in this subsection, “eligible
Michigan-approved 501(c)(3) organization” means an organization that is exempt
from taxation under section 501(c)(3) of the internal revenue code of 1986, 26
USC 501, that provides the ProStart curriculum and training to state-approved
career and technical education programs with classification of instructional
programs (CIP) codes in the 12.05xx category, and that administers national
certification for the purpose of restaurant management and culinary arts for
career and professional development.
(5) In addition to the funds allocated under
subsections (1) and (4), from the funds appropriated in section 11, there
is allocated for 2018-2019 an amount not to exceed $1,000,000.00 for
competitive grants to intermediate districts to hire career and technical
education counselors. All of the following apply to this funding:
(a) An intermediate district seeking a grant
under this subsection shall apply to the department in a form and manner
specified by the department.
(b) The department shall award grants under
this subsection to no more than 3 intermediate districts that received funding
under this subsection in 2017-2018.
(c) To be eligible for funding under this
subsection, an intermediate district shall do all of the following:
(i) Catalog all available K-12 and other
workforce development programs and services, including job search, job
training, pre-employment certifications, career awareness programs, career and
technical education programs, and other related programs and services offered
by districts or intermediate districts, postsecondary institutions, and other
private or public service organizations.
(ii) Develop an outreach program that educates
students about career and technical education options and connects students to
the services cataloged under subparagraph (i).
(iii) Track student placement and report on student
placement to the house and senate appropriations subcommittees on school aid no
later than June 30, 2019 in the form and manner prescribed by the department.
Sec. 61b. (1) From the appropriation
in funds appropriated under section 11,
there is allocated for 2019-2020 an amount not to exceed $8,000,000.00 each
fiscal year for 2017-2018 and for 2018-2019 from
the state school aid fund appropriation and, for 2019-2020 only, an amount not
to exceed $2,000,000.00 from the talent investment fund appropriation for
CTE early/middle college and CTE dual enrollment programs authorized under this
section and for planning grants for the development or expansion of CTE
early/middle college programs. The purpose of these programs is to increase the
number of Michigan residents with high-quality degrees or credentials, and to
increase the number of students who are college and career ready upon high
school graduation.
(2)
From the funds allocated under subsection (1), the
department shall allocate an amount as determined under this subsection shall be allocated to each intermediate district
serving as a fiscal agent for state-approved CTE early/middle college and CTE
dual enrollment programs in each of the prosperity regions and subregions
identified by the department. An intermediate district shall not use more than
5% of the funds allocated under this subsection for administrative costs for
serving as the fiscal agent.
(3) To
be an eligible fiscal agent, an intermediate district must agree to do all of
the following in a form and manner determined by the department:
(a)
Distribute funds to eligible CTE early/middle college and CTE dual enrollment
programs in a prosperity region or subregion as described in this section.
(b)
Collaborate with the career and educational advisory council that is located in
the prosperity region or subregion to develop a regional strategic plan under
subsection (4) that aligns CTE programs and services into an efficient and
effective delivery system for high school students.
(c)
Implement a regional process to rank career clusters in the prosperity region
or subregion as described under subsection (4). Regional processes shall must be approved
by the department before the ranking of career clusters.
(d)
Report CTE early/middle college and CTE dual enrollment program and student
data and information as prescribed by the department and the center.
(4) A
regional strategic plan must be approved by the career and educational advisory
council before submission to the department. A regional strategic plan shall must include, but is not be limited to,
the following:
(a) An
identification of regional employer need based on a ranking of all career
clusters in the prosperity region or
subregion ranked by 10-year job openings projections and median wage for each
standard occupational code in each
career cluster as obtained from the United States Bureau of Labor Statistics.
Standard occupational codes within high-ranking clusters also may be
further ranked by median wage. The rankings shall be
reviewed by the career and educational advisory council located in the
prosperity region or subregion shall review the rankings and
modified modify them if
necessary to accurately reflect employer demand for talent in the prosperity
region or subregion. A career and educational advisory council shall document
that it has conducted this review and certify that it is accurate. These career
cluster rankings shall must
be determined and updated once every 4 years.
(b) An
identification of educational entities in the prosperity region or subregion
that will provide eligible CTE early/middle college and CTE dual enrollment
programs including districts, intermediate districts, postsecondary
institutions, and noncredit occupational training programs leading to an
industry-recognized credential.
(c) A
strategy to inform parents and students of CTE early/middle college and CTE
dual enrollment programs in the prosperity region or subregion.
(d)
Any other requirements as defined by the department.
(5) An
eligible CTE program is a program that meets all of the following:
(a)
Has been identified in the highest 5 career cluster rankings in any of the 10
regional strategic plans jointly approved by the Michigan talent investment
agency in the department of talent and economic
development labor and economic opportunity and the department.
(b)
Has a coherent sequence of courses that will allow a student to earn a high
school diploma and achieve at least 1 of the following in a specific career
cluster:
(i) An associate degree.
(ii) An industry-recognized technical
certification approved by the Michigan talent investment agency in the
department of talent and economic development.labor and economic opportunity.
(iii) Up to 60 transferable college credits.
(iv) Participation in a registered
apprenticeship, pre-apprenticeship, or apprentice readiness program.
(c) Is aligned with the Michigan merit curriculum.
(d) Has an articulation agreement with at least 1 postsecondary
institution that provides students with opportunities to receive postsecondary
credits during the student’s participation in the CTE early/middle college or
CTE dual enrollment program and transfers those credits to the postsecondary
institution upon completion of the CTE early/middle college or CTE dual
enrollment program.
(e) Provides instruction that is supervised, directed, or coordinated by
an appropriately certificated CTE teacher or, for concurrent enrollment
courses, a postsecondary faculty member.
(f) Provides for highly integrated student support services that include
at least the following:
(i) Teachers as academic advisors.
(ii) Supervised course selection.
(iii) Monitoring of student
progress and completion.
(iv) Career planning services
provided by a local one-stop service center as described in the Michigan Works!
one-stop service center system act, 2006 PA 491, MCL 408.111 to 408.135, or by
a high school counselor or advisor.
(g) Has courses that are taught on a college campus, are college courses
offered at the high school and taught by college faculty, or are courses taught
in combination with online instruction.
(6) Funds The
department shall distribute funds to eligible CTE early/middle college
and CTE dual enrollment programs shall be distributed as
follows:
(a) The department shall determine statewide average CTE costs per pupil
for each CIP code program by calculating statewide average costs for each CIP
code program for the 3 most recent fiscal years.
(b) Distribution The
distribution to each eligible CTE early/middle college or CTE dual
enrollment program shall be is the product of 50% of CTE costs per pupil times the
current year pupil enrollment of each eligible CTE early/middle college or CTE
dual enrollment program.
(7) In order to receive funds under this section, a CTE early/middle
college or CTE dual enrollment program shall furnish to the intermediate
district that is the fiscal agent identified in subsection (2), in a form and
manner determined by the department, all information needed to administer this
program and meet federal reporting requirements; shall allow the department or
the department’s designee to review all records related to the program for
which it receives funds; and shall reimburse the state for all disallowances
found in the review, as determined by the department.
(8) There is allocated for 2019-2020 from
the funds under subsection (1) an amount not to exceed $500,000.00 each fiscal year for 2017-2018 and for 2018-2019 from the state school aid fund allocation and, for 2019-2020
only, an amount not to exceed $2,000,000.00 from the talent investment fund
allocation for grants to intermediate districts or consortia of
intermediate districts for the purpose of planning for new or expanded early
middle college programs. Applications for grants shall
must be submitted in a form and manner
determined by the department. The amount of a grant under this subsection shall must not exceed $50,000.00. $150,000.00. To
be eligible for a grant under this subsection, an intermediate district or
consortia of intermediate districts must provide matching funds equal to the
grant received under this subsection. Notwithstanding section 17b, the department shall make payments under this subsection
may be made as in the
manner determined by the department.
(9) Funds distributed under this section may be used to fund program
expenditures that would otherwise be paid from foundation allowances. A program
receiving funding under section 61a may receive funding under this section for
allowable costs that exceed the reimbursement the program received under
section 61a. The combined payments received by a program under section 61a and
this section shall must not
exceed the total allowable costs of the program. A program provider shall not
use more than 5% of the funds allocated under this section to the program for
administrative costs.
(10) If the allocation under subsection (1) is insufficient to fully
fund payments as otherwise calculated under this section, the department shall
prorate payments under this section on an equal percentage basis.
(11) If pupils enrolled in a career cluster in an eligible CTE
early/middle college or CTE dual enrollment program qualify to be reimbursed under
this section, those pupils continue to qualify for reimbursement until
graduation, even if the career cluster is no longer identified as being in the
highest 5 career cluster rankings.
(12) As used in this section:
(a) “Allowable costs” means those costs directly attributable to the
program as jointly determined by the Michigan talent investment agency and the
department.
(b) “Career and educational advisory council” means
an advisory council to the local workforce development
boards located in a prosperity region consisting of educational, employer,
labor, and parent representatives.
(c) “CIP” means classification of instructional programs.
(d) “CTE” means career and technical education programs.
(e) “CTE
dual enrollment program” means a 4-year high school program of postsecondary
courses offered by eligible postsecondary educational institutions that leads
to an industry-recognized certification or degree.
(f) “Early/middle
college program” means a 5-year high school program.
(g) “Eligible
postsecondary educational institution” means that term as defined in section 3
of the career and technical preparation act, 2000 PA 258, MCL 388.1903.
(13) The funds allocated under subsection (8) for 2019-2020 are a work
project appropriation, and any unexpended funds for 2019-2020 are carried
forward into 2020-2021. The purpose of the work project is to continue
providing CTE opportunities described in subsection (8). The estimated
completion date of the work project is September 30, 2021.
Sec. 61c. (1) From the general fund talent investment fund appropriation in section 11,
there is allocated for 2018-2019 2019-2020 only an amount not to exceed $2,500,000.00 $16,000,000.00
for the purposes of this section.
(2) From the money allocated under subsection (1),
there is allocated an amount not to exceed $11,000,000.00 to eligible career education planning districts for the CTE
skilled trades initiative described in this subsection
and subsections (2) (3) to (5). To be eligible to receive funding under this
section, subsection, at
least 50% of the area served by a CEPD must be located in an intermediate
district that did not levy a vocational education millage in 2018.
(2) To receive funding under this subsection, (1), each eligible
CEPD shall apply in a form and manner determined by the department. Funding to
each eligible CEPD shall be is an amount equal to the quotient of the allocation
under this subsection (1)
and divided by the sum of the number of career education planning districts CEPDs applying for funding under this
subsection (1) that are located in an
intermediate district that did not levy a vocational education millage in 2018.
(3) At least 50% of the funding
allocated to each Each eligible CEPD receiving funding under subsection (2) and each
intermediate district receiving funding under subsection (6) shall be used use at least 50% of the
funding to update equipment in current CTE programs that have been
identified in the highest 5 career cluster rankings in any of the 10 regional
strategic plans jointly approved by the Michigan talent investment agency in
the department of talent and economic development labor and economic opportunity and the department, for
training on new equipment, for professional development relating to computer
science or coding, or for new and emerging certified CTE programs to allow CEPD
administrators to provide programming in
communities that will enhance economic development. The funding for equipment
should be used to support and enhance community areas that have sustained job
growth, and act as a commitment to build a more qualified and skilled
workforce. In addition, each CEPD or intermediate
district is encouraged to explore the option of leasing equipment from
local private industry to encourage the use of the most advanced equipment.
(4) The CEPD administrators shall
determine the allocation of funds received under
subsection (2) at the local level shall be
determined by CEPD administrators using data from the state, region, and
local sources to make well-informed decisions on program equipment
improvements. Grants awarded by CEPD administrators for capital infrastructure shall must be used to
ensure that CTE programs can deliver educational programs in high-wage, high-skill,
and high-demand occupations. Each CEPD shall continue to ensure that program
advisory boards make recommendations on needed improvements for equipment that
support job growth and job skill development and retention for both the present
and the future.
(5) Not later than September 15 of each fiscal year, each
CEPD receiving funding under subsection (2) and each
intermediate district receiving funding under subsection (6) shall annually report to the department, the senate and
house appropriations subcommittees on state school aid, and the senate and
house fiscal agencies and legislature on equipment purchased under subsection (1). this section. In
addition, the report shall must include information regarding any partnerships as
described under subsection (8) and the purposes of those partnerships and must identify
growth data on program involvement, retention, and development of student
skills.
(6) From the money allocated under subsection (1),
there is allocated an amount not to exceed $4,000,000.00 for competitive grants
to intermediate districts that operate a career and technical education program
to use for the career and technical education program. An intermediate district
shall apply for funding under this subsection in a form and manner prescribed
by the department. The department shall select intermediate districts for
funding under this subsection by December 1, 2019 and shall make payments under
this subsection on a schedule determined by the department. An intermediate
district receiving funding under this subsection shall comply with subsections
(3) and (5).
(7) From the money allocated under subsection (1),
there is allocated an amount not to exceed $1,000,000.00 for competitive grants
to districts and intermediate districts for STEM equipment for grades K to 8 to
provide pupils in grades K to 8 with expanded opportunities to improve
mathematics, science, and technology skills with STEM equipment. The department
shall determine the process for application and criteria for awarding the grants.
The amount of a grant under this subsection must not exceed $10,000.00.
Notwithstanding section 17b, the department shall make grant payments under
this subsection on a schedule determined by the department.
(8) In awarding funding to eligible CEPDS under
subsection (2) or to intermediate districts under subsection (6), the
department shall give priority to eligible CEPDS or intermediate districts that
partner with a private industry or CTE-related organization through direct or
in-kind donations for at least 1 of the following purposes:
(a) To lease equipment purchased under this section.
(b) To receive a discounted rate for equipment
purchased under this section.
(c) To receive a grant match for equipment purchased
under this section.
(d) To facilitate internships, apprenticeships, or
similar opportunities for pupils enrolled in CTE programs.
(e) To receive guidance on the purchase of equipment
that assists in delivering educational programs in high-wage, high-skill, and
high-demand occupations.
(9) The department shall base the level of priority it
gives to an eligible CEPD or intermediate district that partners with a private
industry or CTE-related organization as described under subsection (8) on the
number of purposes under subsection (8)(a) to (e) that the eligible CEPD or
intermediate district partners with the private industry or CTE-related
organization for, with the highest level of priority given to an eligible CEPD
or intermediate district that partners with a private industry or CTE-related
organization as described under subsection (8) for all of the purposes listed
under subsection (8)(a) to (e) and the lowest level of priority given to
an eligible CEPD or intermediate district that partners with a private industry
or CTE-related organization as described under subsection (8) for only 1 of the
purposes listed under subsection (8)(a) to (e).
(10) (6) As used in this section:
(a) “Career and technical
education program” means a state-approved career and technical education program, as determined by the department.
(b) (a) “CEPD” means a career education planning district described
in this section.
(c) (b) “CTE” means career and technical education.
Sec.
61d. (1) From the appropriation in section 11, there is allocated for 2019-2020 an amount not to exceed $5,000,000.00 for 2018-2019 from the state
school aid fund and, for 2019-2020 only, an amount not to exceed $5,000,000.00
from the talent investment fund for additional payments to districts for
career and technical education programs for the purpose of increasing the
number of Michigan residents with high-quality degrees or credentials, and to
increase the number of pupils who are college- and career-ready upon high
school graduation.
(2) Payments The department shall
calculate payments to districts under this section must be calculated in the following manner:
(a) A
payment of $25.00 $50.00 multiplied
by the number of pupils in grades 9 to 12 who are counted in membership in the
district and are enrolled in at least 1 career and technical education program.
(b) An
additional payment of $25.00 $50.00 multiplied by the number of pupils in grades 9 to
12 who are counted in membership in the district and are enrolled in at least 1
career and technical education program that provides instruction in critical
skills and high-demand career fields.
(3) If
the allocation under subsection (1) is insufficient to fully fund payments
under subsection (2), the department shall prorate payments under this section
on an equal per-pupil basis.
(4) As
used in this section:
(a) “Career
and technical education program” means a state-approved career and technical
education program, as determined by the department.
(b) “Career
and technical education program that provides instruction in critical skills
and high-demand career field” means a career and technical education program
classified under any of the following 2-digit classification of instructional
programs (CIP) codes:
(i) 01, which refers to “agriculture, agriculture
operations, and related sciences”.
(ii) 03, which refers to “natural resources and
conservation”.
(iii) 10 through 11, which refers to “communications
technologies/technicians and support services” and “computer and information
sciences and support services”.
(iv) 14 through 15, which refers to “engineering”
and “engineering technologies and engineering-related fields”.
(v) 26, which refers to “biological and
biomedical sciences”.
(vi) 46 through 48, which refers to “construction
trades”, “mechanic and repair technologies/technicians”, and “precision
production”.
(vii) 51, which refers to “health professions and
related programs”.
Sec. 61f. (1) From the funds talent investment fund money appropriated under section
11, there is allocated an amount not to exceed $200,000.00 for 2018-2019 2019-2020 only for
a grant to support a program that is an innovative retention and completion
program designed to create a seamless educational and career pathway support
structure and that does at least all of the following:
(a) Creates a pipeline from kindergarten to a college credential.
(b) Provides coaching at all levels of K-12 education to foster an
environment that educates pupils on the availability and positive outcomes from
postsecondary education.
(c) Introduces career clusters to elementary school pupils, career
pathways to middle school pupils, and develops pupil success plans for high
school pupils.
(d) Provides family literacy sessions.
(e) Provides a summer bridge program to ensure seamless transition from
high school to postsecondary educational opportunities.
(f) Introduces K-12 pupils to college and career opportunities at
postsecondary campuses and bridges those pupils into the respective
postsecondary institutions for coursework.
(g) Creates a partnership between area districts, a community college,
and a public university to serve pupils in the program.
(h) Synchronizes families and pupils to assess and understand their
knowledge of how to be successful in school and work.
(2) The department shall distribute the funds awarded under subsection
(1) not later than February November 15, 2019 to Mott Community College to implement
the program under this section. Funds allocated under this section may
be used for salaries and benefits, supply and programming costs, and gap
scholarships.
Sec. 62. (1) For the purposes of this section:
(a) “Membership” means for a particular fiscal year the total membership
for the immediately preceding fiscal year of the intermediate district and the
districts constituent to the intermediate district or the total membership for
the immediately preceding fiscal year of the area vocational-technical program.
(b) “Millage levied” means the millage levied for
area vocational-technical education pursuant to sections 681 to
690 of the revised school code, MCL 380.681 to 380.690, including a levy for
debt service obligations incurred as the
result of borrowing for capital outlay projects and in meeting capital projects
fund requirements of area vocational-technical education.
(c) “Taxable value” means the total taxable value of the districts
constituent to an intermediate district or area vocational-technical education
program, except that if a district has elected not to come under sections 681
to 690 of the revised school code, MCL 380.681 to 380.690, the membership and
taxable value of that district shall not be are not included in the membership and taxable value of
the intermediate district. However, the membership and taxable value of a
district that has elected not to come under sections 681 to 690 of the
revised school code, MCL 380.681 to 380.690, shall be are included in the membership and taxable value of the
intermediate district if the district meets both of the following:
(i) The district operates the area
vocational-technical education program pursuant to a contract with the
intermediate district.
(ii) The district contributes an
annual amount to the operation of the program that is commensurate with the
revenue that would have been raised for operation of the program if millage
were levied in the district for the program under sections 681 to 690 of the
revised school code, MCL 380.681 to 380.690.
(2) From the appropriation in section 11, there is allocated an amount
not to exceed $9,190,000.00 each fiscal year for 2017-2018
and for 2018-2019 and for 2019-2020 to
reimburse intermediate districts and area vocational-technical education
programs established under section 690(3) of the revised school code, MCL
380.690, levying millages for area vocational-technical education pursuant to
sections 681 to 690 of the revised school code, MCL 380.681 to 380.690. The
purpose, use, and expenditure of the reimbursement shall
be are limited as if the funds were
generated by those millages.
(3) Reimbursement for those millages levied in
2016-2017 shall be made in 2017-2018 at an amount per 2016-2017 membership
pupil computed by subtracting from $200,800.00 the 2016-2017 taxable value
behind each membership pupil and multiplying the resulting difference by the
2016-2017 millage levied, and then subtracting from that amount the 2016-2017
local community stabilization share revenue for area vocational technical
education behind each membership pupil for reimbursement of personal property
exemption loss under the local community stabilization authority act, 2014 PA
86, MCL 123.1341 to 123.1362.
(3) (4) Reimbursement
for those millages levied in 2017-2018 shall be is made in 2018-2019 at an amount per 2017-2018 membership
pupil computed by subtracting from $205,700.00 the 2017-2018 taxable value
behind each membership pupil and multiplying the resulting difference by the
2017-2018 millage levied, and then subtracting from that amount the 2017-2018
local community stabilization share revenue for area vocational technical
education behind each membership pupil for reimbursement of personal property
exemption loss under the local community stabilization authority act, 2014 PA
86, MCL 123.1341 to 123.1362.
(4) Reimbursement for those millages levied in 2018-2019 is made in
2019-2020 at an amount per 2018-2019 membership pupil computed by subtracting
from $211,000.00 the 2018-2019 taxable value behind each membership pupil and
multiplying the resulting difference by the 2018-2019 millage levied, and then
subtracting from that amount the 2018-2019 local community stabilization share
revenue for area vocational technical education behind each membership pupil
for reimbursement of personal property exemption loss under the local community
stabilization authority act, 2014 PA 86, MCL 123.1341 to 123.1362.
(5)
The department shall ensure that the amount paid
to a single intermediate district under this section shall
not does not exceed 38.4% of the total
amount allocated under subsection (2).
(6)
The department shall ensure that the amount paid
to a single intermediate district under this section shall
not be is not less than 75% of the amount
allocated to the intermediate district under this section for the immediately
preceding fiscal year.
Sec. 64d. (1) From the general
fund talent investment fund appropriation
under section 11, there is allocated an amount not to exceed $2,300,000.00 for 2018-2019 2019-2020 only for
a grant to provide information technology education opportunities to students
attending schools operating grades K-12, career and technical centers and
career academies, and community colleges and universities. It is the intent of
the legislature that 2018-2019 2019-2020 is the second third of 3 years of funding for the grant program. Funds
allocated under this section shall be used for instruction in information
technology skills and competencies that are essential for the workplace and
requested by employers and shall allow participating students and faculties to
secure broad-based information technology certifications and, if applicable,
college credit.
(2) The department shall select the provider that
received funding under this section in 2017-2018. 2018-2019. A program funded under this section must
include at least the following components:
(a)
Research- and skill-development-based and information technology curriculum.
(b)
Online access to the curriculum.
(c)
Instructional software for classroom and student use.
(d) A
program that includes coding curriculum and material that are aligned to the CS
AP exam and grants a certificate upon completion of the program.
(e)
Components for all grade levels on computational thinking skills development
using the latest gaming software.
(f) A
process for students to obtain certifications of skills and competencies in a
broad base of information technology-related skill areas.
(g)
Professional development for faculty.
(h)
Implementation and program support, including, but not limited to, integration
with current curriculum standards.
(i)
Methods for students to earn college credit.
(3)
The funds allocated under this section for 2018-2019 are a work project
appropriation, and any unexpended funds for 2018-2019 are to be carried forward
into 2019-2020. The purpose of the work project is to continue to provide
information technology education opportunities described in this section. The
estimated completion date of the work project is September 30, 2020.
(4) The funds allocated under this section for 2019-2020 are a work project
appropriation, and any unexpended funds for 2019-2020 do not lapse and are
carried forward into 2020-2021. The purpose of the work project is to continue
to provide information technology education opportunities described in this
section. The estimated completion date of the work project is September 30,
2021.
Sec. 65. (1) From the appropriation under section 11,
there is allocated an amount not to exceed $400,000.00 for 2018-2019 2019-2020 for
a pre-college engineering K-12 educational program that is focused on the
development of a diverse future Michigan workforce, that serves multiple
communities within southeast Michigan, that enrolls pupils from multiple
districts, and that received funds appropriated for this purpose in the
appropriations act that provided the Michigan strategic fund budget for
2014-2015.
(2) To
be eligible for funding under this section, a program must have the ability to
expose pupils to, and motivate and prepare
pupils for, science, technology, engineering, and mathematics careers and
postsecondary education with special attention given to groups of pupils
who are at-risk and underrepresented in technical professions and careers.
Sec.
67. (1) From the general fund amount appropriated in section 11, there is
allocated an amount not to exceed $3,000,000.00 for 2018-2019
2019-2020 for college access programs. The
programs funded under this section are intended to inform students of college
and career options and to provide resources intended to increase the number of
pupils who are adequately prepared with the information needed to make informed
decisions on college and career. The funds appropriated under this section are
intended to be used to increase the number of Michigan residents with
high-quality degrees or credentials. Funds appropriated under this section shall must not be used
to supplant funding for counselors already funded by districts.
(2)
The talent investment agency of the department of talent
and economic development labor and economic
opportunity shall administer funds allocated under this section in
collaboration with the Michigan college access network. These funds may be used
for any of the following purposes:
(a) Michigan college access network operations,
programming, and services to local college access networks.
(b) Local college access networks, which are
community-based college access/success partnerships committed to
increasing the college participation and completion rates within geographically
defined communities through a coordinated strategy.
(c)
The Michigan college advising program, a program intended to place trained,
recently graduated college advisors in high schools that serve significant
numbers of low-income and first-generation college-going pupils. State funds used for this purpose may not
exceed 33% of the total funds available under this subsection.
(d)
Subgrants of up to $5,000.00 to districts with comprehensive high schools that
establish a college access team and implement specific strategies to create a
college-going culture in a high school in a form and manner approved by the
Michigan college access network and the Michigan talent investment agency.
(e)
The Michigan college access portal, an online one-stop portal to help pupils
and families plan and apply for college.
(f)
Public awareness and outreach campaigns to encourage low-income and
first-generation college-going pupils to take necessary steps toward college
and to assist pupils and families in completing a timely and accurate free
application for federal student aid.
(g)
Subgrants to postsecondary institutions to recruit, hire, and train college
student mentors and college advisors to assist high school pupils in navigating
the postsecondary planning and enrollment process.
(3)
For the purposes of this section, “college” means any postsecondary educational
opportunity that leads to a career, including, but not limited to, a
postsecondary degree, industry-recognized technical certification, or
registered apprenticeship.
Sec. 67a. (1) From the general fund appropriation under section 11,
there is allocated an amount not to exceed $80,000.00 for 2019-2020 only for a
grant to be distributed by the department to a provider for a career
exploration pilot program. The provider selected by the department must provide
a career exploration system that provides pupils with at least all of the
following:
(a) Integration with statewide accountability assessments and associated
skills so that career exploration begins with an understanding of current
student abilities.
(b) An opportunity to explore careers specific to a pupil’s interest and
connected to the local job market, with information on potential salaries and
projections of future workforce needs.
(c) Information on what the appropriate educational path is to reach
each career, with specific steps that a pupil can take in high school to reach
the chosen career or careers.
(d) Ability for pupils to share career exploration plans, skill-building
activities, and course recommendations with teachers, parents or guardians, and
other caring individuals.
(e) Career exploration tool that includes a video component to engage
pupils.
(f) A mobile-friendly platform.
(g) If a career requires a college degree, recommendations for
associated majors and integration with a college planning program.
(2) The department shall make the career exploration system under
subsection (1) available to districts and intermediate districts for use during
the 2019-2020 school year.
(3) The department shall ensure that the career exploration program
under this section does not require additional testing beyond the statewide
accountability assessments.
(4) Notwithstanding section 17b, the department shall make grant
payments under this section on a schedule determined by the department.
Sec. 67b. (1) From the general fund money appropriated under section 11, there is
allocated an amount not to exceed $50,000.00 for 2019-2020 only for a grant to
be distributed by the department to an organization to provide industrial and
technological education and workforce preparation for students and professional
development opportunities and support for teachers.
(2) Notwithstanding section 17b, the department shall make grant
payments under this section on a schedule determined by the department.
Sec.
74. (1) From the amount appropriated in section 11, there is allocated an
amount not to exceed $3,754,900.00 for 2018-2019 $3,772,900.00 for 2019-2020 for the purposes of this
section.
(2)
From the allocation in subsection (1), there is allocated for each fiscal year
the amount necessary for payments to state supported colleges or universities
and intermediate districts providing school bus driver safety instruction pursuant to under section
51 of the pupil transportation act, 1990 PA 187, MCL 257.1851. The department shall make payments shall
be in an amount determined by the department not to exceed the actual
cost of instruction and driver compensation for each public or nonpublic school
bus driver attending a course of instruction. For the purpose of computing
compensation, the hourly rate allowed each school bus driver shall must not exceed
the hourly rate received for driving a school bus. Reimbursement
The department shall make reimbursement compensating
the driver during the course of instruction shall be
made by the department to the college or university or intermediate
district providing the course of instruction.
(3)
From the allocation in subsection (1), there is allocated for 2018-2019 2019-2020 the
amount necessary to pay the reasonable costs of nonspecial education auxiliary
services transportation provided pursuant to under section 1323 of the revised school code, MCL
380.1323. Districts funded under this subsection shall
not do not receive funding under any other
section of this article for nonspecial education auxiliary services
transportation.
(4)
From the funds allocated in subsection (1), there is allocated an amount not to
exceed $1,729,900.00 for 2018-2019 $1,747,900.00 for 2019-2020 for reimbursement to
districts and intermediate districts for costs associated with the inspection
of school buses and pupil transportation vehicles by the department of state
police as required under section 715a of the Michigan vehicle code, 1949 PA
300, MCL 257.715a, and section 39 of the pupil transportation act, 1990 PA 187,
MCL 257.1839. The department of state police shall prepare a statement of costs
attributable to each district for which bus inspections are provided and submit
it to the department and to an intermediate district serving as fiduciary in a
time and manner determined jointly by the department and the department of
state police. Upon review and approval of the statement of cost, the department
shall forward to the designated intermediate district serving as fiduciary the
amount of the reimbursement on behalf of each district and intermediate
district for costs detailed on the statement within 45 days after receipt of
the statement. The designated intermediate district shall make payment in the
amount specified on the statement to the department of state police within 45
days after receipt of the statement. The total reimbursement of costs under
this subsection shall must
not exceed the amount allocated under this subsection. Notwithstanding
section 17b, the department shall make payments to
eligible entities under this subsection shall be paid on
a schedule prescribed by the department.
Sec.
74a. (1) From the funds appropriated in section 11, there is allocated an
amount not to exceed $810,000.00 for 2018-2019 to an eligible intermediate
district to implement a statewide school bus driver safety program.
(2) An
intermediate district is eligible to receive funds under this section if the
intermediate district meets all of the following:
(a)
The total combined membership of its constituent districts is at least 7,000
and not more than 8,000.
(b)
The intermediate district is located in prosperity region 4.
(c)
The intermediate district consists of 2 formerly independent intermediate
districts that consolidated into 1 intermediate district.
(3) A
statewide school bus driver safety program funded under this section must
provide transportation staff training on how to respond to acts of violence by
using the model known as Alert, Lockdown, Inform,
Counter, Evacuate (A.L.I.C.E.) for school buses.proactive
response training for school bus drivers.
(4)
Notwithstanding section 17b, the department shall make payments
made under this section shall be provided to an eligible intermediate district
not later than March 1, 2019.
Sec.
81. (1) From the appropriation in section 11, there is allocated for 2018-2019 2019-2020 to
the intermediate districts the sum necessary, but not to exceed $68,453,000.00 $69,138,000.00, to
provide state aid to intermediate districts under this section.
(2)
The amount allocated under this section to each intermediate district is an
amount equal to 102% 101%
of the amount allocated to the intermediate district under this section
for 2017-2018. Funding 2018-2019.
An intermediate district shall use funding provided under this section shall be used to comply with requirements of this
article and the revised school code that are applicable to intermediate
districts, and for which funding is not provided elsewhere in this article, and
to provide technical assistance to districts as authorized by the intermediate
school board.
(3)
Intermediate districts receiving funds under this section
, shall collaborate with the department
to develop expanded professional development
opportunities for teachers to update and expand their knowledge and
skills needed to support the Michigan merit curriculum.
(4)
From the allocation in subsection (1), there is allocated to an intermediate
district, formed by the consolidation or annexation of 2 or more intermediate
districts or the attachment of a total intermediate district to another
intermediate school district or the annexation of all of the constituent K-12
districts of a previously existing intermediate school district which has disorganized,
an additional allotment of $3,500.00 each fiscal year for each intermediate
district included in the new intermediate district for 3 years following
consolidation, annexation, or attachment.
(5) In
order to receive funding under this section, an intermediate district shall do
all of the following:
(a)
Demonstrate to the satisfaction of the department that the intermediate
district employs at least 1 person who is trained in pupil accounting and
auditing procedures, rules, and regulations.
(b) Demonstrate to the satisfaction of the department that the
intermediate district employs at least 1 person who is trained in rules,
regulations, and district reporting procedures for the individual-level student
data that serves as the basis for the calculation of the district and high
school graduation and dropout rates.
(c) Comply with sections 1278a and 1278b of the revised school code, MCL
380.1278a and 380.1278b.
(d) Furnish data and other information required by state and federal law
to the center and the department in the form and manner specified by the center
or the department, as applicable.
(e) Comply with section 1230g of the revised school code, MCL 380.1230g.
Sec. 94. (1) From the general fund appropriation in section 11, there is
allocated to the department for 2017-2018 an amount
not to exceed $750,000.00 and there is allocated to the department for
2018-2019 2019-2020 an amount not to exceed
$1,000,000.00 for efforts to increase the number of pupils who participate and
succeed in advanced placement and international baccalaureate programs, and , beginning in 2018-2019, to
support the college-level examination program (CLEP).
(2) From the funds allocated under this section, the department shall
award funds to cover all or part of the costs of advanced placement test fees
or international baccalaureate test fees and international baccalaureate
registration fees for low-income pupils who take an advanced placement or an
international baccalaureate test , and, beginning in 2018-2019, and
CLEP fees for low-income pupils who take a CLEP test.
(3) The department shall only award funds under this section if the
department determines that all of the following criteria are met:
(a) Each pupil for whom payment is made meets eligibility requirements
of the federal advanced placement test fee program under section 1701 of the no
child left behind act of 2001, Public Law 107-110, or under a corresponding
provision of the every student succeeds act, Public Law 114-95.
(b) The tests are administered by the college board, the international
baccalaureate organization, or another test provider approved by the
department.
(c) The pupil for whom payment is made pays at least $5.00 toward the
cost of each test for which payment is made.
(4) The department shall establish procedures for awarding funds under
this section.
(5) Notwithstanding section 17b, the department
shall make payments under this section shall be
made on a schedule determined by the department.
Sec. 94a. (1) There is created within the state budget office in the
department of technology, management, and budget the center for educational
performance and information. The center shall do all of the following:
(a) Coordinate the collection of all data required by state and federal
law from districts, intermediate districts, and postsecondary institutions.
(b) Create, maintain, and enhance this state’s P-20 longitudinal data
system and ensure that it meets the requirements of subsection (4).
(c) Collect data in the most efficient manner possible in order to
reduce the administrative burden on reporting entities, including, but not
limited to, electronic transcript services.
(d) Create, maintain, and enhance this state’s web-based educational
portal to provide information to school leaders, teachers, researchers, and the
public in compliance with all federal and state privacy laws. Data shall must include, but
are not limited to, all of the following:
(i) Data sets that link teachers to
student information, allowing districts to assess individual teacher impact on
student performance and consider student growth factors in teacher and
principal evaluation systems.
(ii) Data access or, if practical,
data sets, provided for regional data hubs that, in combination with local
data, can improve teaching and learning in the classroom.
(iii) Research-ready data sets for
researchers to perform research that advances this state’s educational
performance.
(e) Provide data in a useful manner to allow state
and local policymakers to make informed policy decisions.
(f) Provide public reports to the citizens residents of this state to allow them to assess
allocation of resources and the return on their investment in the education
system of this state.
(g) Other functions as assigned by the state budget director.
(2) Each state department, officer, or agency that collects information
from districts, intermediate districts, or postsecondary institutions as
required under state or federal law shall make arrangements with the center to
ensure that the state department, officer, or agency is in compliance with
subsection (1). This subsection does not apply to information collected by the
department of treasury under the uniform budgeting and accounting act, 1968 PA
2, MCL 141.421 to 141.440a; the revised municipal finance act, 2001 PA 34, MCL
141.2101 to 141.2821; the school bond qualification, approval, and loan act,
2005 PA 92, MCL 388.1921 to 388.1939; or section 1351a of the revised school
code, MCL 380.1351a.
(3) The center may enter into any interlocal agreements necessary to
fulfill its functions.
(4) The center shall ensure that the P-20 longitudinal data system
required under subsection (1)(b) meets all of the following:
(a) Includes data at the individual student level from preschool through
postsecondary education and into the workforce.
(b)
Supports interoperability by using standard data structures, data formats, and
data definitions to ensure linkage and connectivity in a manner that
facilitates the exchange of data among agencies and institutions within the
state and between states.
(c)
Enables the matching of individual teacher and student records so that an
individual student may be matched with those teachers providing instruction to
that student.
(d)
Enables the matching of individual teachers with information about their
certification and the institutions that prepared and recommended those teachers
for state certification.
(e)
Enables data to be easily generated for continuous improvement and
decision-making, including timely reporting to parents, teachers, and school
leaders on student achievement.
(f)
Ensures the reasonable quality, validity, and reliability of data contained in
the system.
(g)
Provides this state with the ability to meet federal and state reporting
requirements.
(h)
For data elements related to preschool through grade 12 and postsecondary,
meets all of the following:
(i) Contains a unique statewide student
identifier that does not permit a student to be individually identified by
users of the system, except as allowed by federal and state law.
(ii) Contains student-level enrollment,
demographic, and program participation information.
(iii) Contains student-level information about
the points at which students exit, transfer in, transfer out, drop out, or
complete education programs.
(iv) Has the capacity to communicate with higher
education data systems.
(i)
For data elements related to preschool through grade 12 only, meets all of the
following:
(i) Contains yearly
test records of individual students for assessments approved by DED-OESE for
accountability purposes under section 1111(b) of the elementary and secondary
education act of 1965, 20 USC 6311, including information on
individual students not tested, by grade and subject.
(ii) Contains student-level transcript information,
including information on courses completed and grades earned.
(iii) Contains student-level college readiness
test scores.
(j)
For data elements related to postsecondary education only:
(i) Contains data that provide information
regarding the extent to which individual students transition successfully from
secondary school to postsecondary education, including, but not limited to, all
of the following:
(A)
Enrollment in remedial coursework.
(B)
Completion of 1 year’s worth of college credit applicable to a degree within 2
years of enrollment.
(ii) Contains data that provide other information
determined necessary to address alignment and adequate preparation for success
in postsecondary education.
(5) From the general fund appropriation in section 11, there
is allocated an amount not to exceed $16,356,700.00 for 2018-2019 $16,457,200.00 for 2019-2020 to the
department of technology, management, and
budget to support the operations of the center. In addition, from the federal
funds appropriated in section 11, there is allocated for 2018-2019 2019-2020 the
amount necessary, estimated at $193,500.00, to support the operations of the
center and to establish a P-20 longitudinal data system necessary for state and
federal reporting purposes. The center shall cooperate with the department to
ensure that this state is in compliance with federal law and is maximizing
opportunities for increased federal funding to improve education in this state.
(6)
From the funds allocated in subsection (5), the center may use an amount
determined by the center for competitive grants for 2018-2019
2019-2020 to support collaborative efforts
on the P-20 longitudinal data system. All of the following apply to grants
awarded under this subsection:
(a)
The center shall award competitive grants to eligible intermediate districts or
a consortium of intermediate districts based on criteria established by the
center.
(b)
Activities funded under the grant shall must support the P-20 longitudinal data system portal
and may include portal hosting, hardware and software acquisition, maintenance,
enhancements, user support and related
materials, and professional learning tools and activities aimed at improving
the utility of the P-20 longitudinal data system.
(c) An
applicant that received a grant under this subsection for the immediately
preceding fiscal year shall receive has priority for funding under this section. However,
after 3 fiscal years of continuous funding, an applicant is required to compete
openly with new applicants.
(7)
Funds allocated under this section that are not expended in the fiscal year in
which they were allocated may be carried forward to a subsequent fiscal year
and are appropriated for the purposes for which the funds were originally
allocated.
(8) The center may bill departments as necessary in order to fulfill
reporting requirements of state and federal law. The center may also enter into
agreements to supply custom data, analysis, and reporting to other principal
executive departments, state agencies, local units of government, and other
individuals and organizations. The center may receive and expend funds in
addition to those authorized in subsection (5) to cover the costs associated
with salaries, benefits, supplies, materials, and equipment necessary to
provide such data, analysis, and reporting services.
(9) As used in this section:
(a) “DED-OESE” means the United States Department of Education Office of
Elementary and Secondary Education.
(b) “State education agency” means the department.
Sec. 95a. (1) The educator evaluation reserve fund is created as a
separate account within the state school aid fund.
(2) The state treasurer may receive money or other assets from any
source for deposit into the educator evaluation reserve fund. The state
treasurer shall direct the investment of the educator evaluation reserve fund.
The state treasurer shall credit to the educator evaluation reserve fund
interest and earnings from the educator evaluation reserve fund.
(3) Money in the educator evaluation reserve fund at the close of the
fiscal year shall remain in the educator evaluation
reserve fund and shall not lapse lapses to
the state school aid fund. or to the general fund. The department of treasury shall be is the
administrator of the educator evaluation reserve fund for auditing purposes.
(4) From the appropriations in section 11, there is allocated to the
educator evaluation reserve fund for 2014-2015 an amount not to exceed
$12,100,000.00 from the state school aid fund and an amount not to exceed $2,700,000.00 from the general fund. Subject
to subsections (5) and (6), subsection (5), the department shall expend the
money in the educator evaluation reserve fund for implementing evaluation
systems for public school teachers and school administrators.
(5) Funds The
department shall not expend funds in the educator evaluation reserve
fund shall not be expended unless the state
budget office has approved the department’s spending plan.
Sec. 95b. (1) From the general fund appropriation under
section 11, there is allocated to the department an amount not to exceed
$2,500,000.00 for 2018-2019 for 2019-2020 only for the department to adopt continue to incorporate a
model value-added growth and projection analytics system and to incorporate that model into its reporting
requirements under the every student succeeds act, Public Law 114-95. It is the intent of the legislature to continue the funding
under this section for 2020-2021 only if the model value-added growth and
projection analytics system under this section is adopted by at least 50% of
districts in 2019-2020 based on the report under subsection (5). The
adopted model shall must do
at least all of the following:
(a) Utilize existing assessments and any future assessments that are
suitable for measuring student growth.
(b) Report student growth measures at the district, school, teacher, and
subgroup levels.
(c) Recognize the growth of tested students, including those who may
have missing assessment data.
(d) Include all available prior standardized assessment data that meet
inclusion criteria across grades, subjects, and state and local assessments.
(e) Allow student growth results to be disaggregated.
(f) Provide individual student projections showing
the probability of a student reaching specific performance
levels on future assessments.
(g) Demonstrate any prior success with this state’s assessments through
the Michigan council of educator effectiveness teacher evaluation pilot.
(h) Demonstrate prior statewide implementation in at least 2 other
states for at least 10 years.
(i) Have a native roster verification system built into the value-added
reporting platform that has been implemented statewide in at least 2 other
states.
(j) Have a “Help/Contact Us” ticketing system built into the value-added
reporting platform.
(2) The department shall provide internet-based electronic student
growth and projection reporting based on the model adopted under subsection (1)
to educators at the school, district, and state levels. The model shall must include
role-based permissions that allow educators to access information about the
performance of the students within their immediate responsibility in accordance
with applicable privacy laws.
(3) The model adopted under subsection (1) must not be a mandatory part
of teacher evaluation or educator pay-for-performance systems.
(4) The model adopted under subsection (1) must be a model that received
funding under this section in 2017-2018.2018-2019.
(5) By March 1, 2020, the department shall
work with the center to provide a report to the senate and house appropriations
subcommittees on state school aid and the senate and house fiscal agencies
regarding the number of districts participating in the use of the model value-added
growth and projection analytics system under this section.
Sec. 97. (1) From the money appropriated under
section 11, there is allocated for 2019-2020 only for the purposes of this
section an amount not to exceed $5,200,000.00 from the state school aid fund
and an amount not to exceed $4,800,000.00 from the general fund.
(2) From the general fund money allocated
under subsection (1), the department, in consultation with the department of
state police, may award up to $3,800,000.00 for a grant to support a contract
for the purpose of implementing a statewide secure schools program and phone
application in public and nonpublic schools that operate any of grades K to 12.
The application must be able to do all of the following simultaneously:
(a) Allow authorized users to place a voice
call to 911.
(b) Provide intelligent notifications through
text messaging and electronic mail.
(c) Provide push notifications that contain
information regarding the identity and location of the reporting party, the
response type required based on the incident type, and additional location
details to relevant individuals in communities to which users belong,
including, but not limited to, both of the following, as applicable, based on
the location and category of the emergency event:
(i) Key stakeholders.
(ii) Authorized users, including, but not limited to, all of the following:
(A) School staff.
(B) School resource officers.
(C) 911 personnel.
(D) First responder agencies.
(d) Allow 911 personnel,
school officials, and first responder agencies to send messages to panic button application users both during and
after emergency events in order to facilitate ongoing communications and
coordination.
(3) If the department and the department of
state police fund a statewide secure schools program as described in subsection
(2), the program must be integrated with this state’s current supplemental 911
database to maintain information voluntarily provided by individuals and
facility managers through a secure web application. Any information submitted
by a district under the statewide secure schools program, including, but not limited
to, information regarding floor plans, automated external defibrillators,
school safety plans, reunification plans, and entry or exit points, must
automatically appear to 911 personnel each time the panic button application is
activated.
(4) Funds allocated under subsection (2) may
be used toward the initial costs associated with the implementation of a
statewide secure schools program under subsection (2), including installation
costs, training costs, and maintenance costs. A grant recipient may apply a
portion of a grant payment awarded under subsection (2) in 2020-2021 to support
ongoing costs. After 2020-2021, any ongoing costs must be supported solely by
the grant recipient.
(5) The department and the department of state
police may decide not to fund a statewide secure schools program as described
under subsection (2).
(6) Funds remaining after any funds are
allocated by the department and the department of state police for a statewide
secure schools program described under subsection (2) must be used to provide
and administer competitive grants to public or nonpublic schools, districts,
and intermediate districts to purchase technology equipment, upgrade hardening
measures, or conduct school building safety assessments to improve the safety and
security of school buildings, pupils, and school staff with the goal of
creating a safer school environment through equipment and technology
enhancements. The department of state
police, grants and community services division, shall administer the grant program
described in this subsection. All grants under this subsection shall be funded
on a reimbursement-only basis. Grants under this subsection must not exceed
$50,000.00 for each school and $250,000.00 for each district or intermediate
district.
(7) All of the following apply to the
application process for funding under subsection (6):
(a) A public or nonpublic school, district, or
intermediate district shall submit an application for funding under subsection
(6) directly to the department of state police, grants and community services
division.
(b) An application from a district or
intermediate district under this subsection must be for 1 or more buildings
that have some or all of pre-K to grade 12 classrooms and pupils.
(c) An applicant may submit only 1
application.
(d) An individual school may submit its own
application but must not also be included in its district’s application if the
district submits an application under this subsection.
(e) The department of state police shall award
grants to applicants based on eligibility, the project description, and whether
the project reflects the highest security need of the applicant within grant
funding constraints, the budget narrative, the budget, project goals,
objectives, and performance measures.
(f) The department of state police shall give
priority to all of the following applicants:
(i) Applicants seeking funding for projects that involve multiple agencies
working in partnership.
(ii) Applicants seeking funding for proposals that seek to secure exterior
access points of school buildings.
(iii) Applicants that did not receive a school safety grant in the past.
(iv) Applicants that did not receive a grant under section 1001 of article
XX of 2018 PA 207 or under section 115 of 2018 PA 618.
(g) To be awarded a grant, an applicant must
demonstrate proof that the school, district, or intermediate district has an
emergency operation plan that had been updated after August 1, 2017 to align
with the state emergency operations plan guidance and statewide school safety
information policy developed under section 1308 of the revised school code, MCL
380.1308.
(h) The department of state police shall issue
grant guidance and application materials, including required performance
measures, not later than February 1, 2020.
(8) The department of state police shall not
award funding under subsection (6) to a public or nonpublic school, district,
or intermediate district in relation to the same school building more than
once. If a district submits an application under subsection (7) relating to a
school building and a school within that district also submits an application
for funding in relation to that same school building, the department of state
police shall not allocate funding under subsection (6) twice for that school
building. If a school, district, or intermediate district submits more than 1
application, the department of state police shall first consider the most
recent application submitted in considering funding under subsection (6).
(9) Eligible expenses for
reimbursement under subsection (6) must be consistent with the recommendations of the school safety task force created by Executive Order No. 2018-5.
The department of state police shall list the eligible expenses in the grant
guidance and application materials described under subsection (7). The
following items are not eligible expenses for which grant funds may be applied:
(a) Weapons, including tasers.
(b) Personal body armor for routine use.
(c) Construction of new facilities.
(d) Costs in applying for this grant, such as
consultants and grant writers.
(e) Expenses incurred before the date of the
award or after the end of the performance period of the grant award.
(f) Personnel costs or operation costs related
to a capital improvement.
(g) Indirect costs or indirect administrative
expenses.
(h) Travel.
(i) Contributions or donations.
(j) Management or administrative training and
conferences, except as otherwise preapproved by the department of state police.
(k) Management studies or research and
development.
(l) Memberships and dues, except for a specific requirement of the project
that has been preapproved by the department of state police.
(m) Vehicles, watercraft, or aircraft,
including unmanned or remotely piloted aircraft and vehicles.
(n) Service contracts and training beyond the
performance period of the grant award.
(o) Food, refreshments, and snacks.
(10) A grantee under section 1001 of article
XX of 2018 PA 207 or under section 115 of 2018 PA 618 is not prohibited from
applying for, and receiving, a grant award under this section.
(11) The department of state police shall
begin issuing awards for grants under subsection (6) not later than May 1,
2020. A project that is awarded a grant under this program must be completed by
July 1, 2021.
(12) The department of state police shall
report on grant activities under this section, including available performance
outcomes as identified in individual grant agreements, to the senate and house
appropriations subcommittees on state police, the senate and house fiscal
agencies, and the state budget office by August 1, 2021.
(13) The funds allocated for school safety
grants under this section for 2019-2020 are a work project appropriation, and
any unexpended funds for 2019-2020 do not lapse to the general fund and are
carried forward into 2020-2021. The purpose of the work project is to continue
promoting safer school environments. The estimated completion date of the work
project is July 1, 2021.
(14) The department of state police shall
ensure that a grant to a nonpublic school under this section is funded from the
general fund money allocated under this section.
Sec. 97a. (1) From the talent investment fund money appropriated under section 11,
there is allocated to the department for 2019-2020 only an amount not to exceed
$1,500,000.00 to be used to develop and maintain an online school employee job
bank. Not later than November 15, 2019, the department, in consultation with a
statewide association representing school administrators, shall begin to
develop and maintain an online school employee job bank. The job bank must be
completed by May 15, 2021. The department may contract for the development and
maintenance of the job bank, may develop and maintain it internally, may work
with the department of technology, management, and budget to develop and
maintain the job bank, or may use any combination of these methods to develop
and maintain the job bank.
(2) The online job bank developed under subsection (1) must meet all of
the following:
(a) Is made available at no cost to all districts and intermediate
districts.
(b) Is housed within the Michigan Online Educator Certification System
(MOECS) and allows data from MOECS to be imported into the job bank.
(c) Provides a centralized pool of job-seeking candidates and open
positions.
(d) Matches an educator’s credentials to available positions, allowing
districts and intermediate districts to search for applicants with specific
training.
(e) Provides the option for applicants to include other critical
information about employment history to prospective employers, including
evaluation ratings.
(f) Offers districts and intermediate districts customization options to
emphasize marketable points of pride to inform and attract applicants.
(g) Links to a larger national database.
(3) Not later than December 1, 2021, and annually thereafter, the
department shall provide a report on the school employee job bank to the house
and senate appropriations subcommittees on school aid, the house and senate
fiscal agencies, and the state budget director. The report must provide at
least the following information:
(a) The number of participating districts and intermediate districts.
(b) Measurement of outcomes and performance based on the requirements
under subsection (2).
(c) Feedback from participating districts on whether the school employee
job bank accomplished each of the following:
(i) Increased the pool of both in-state and out-of-state candidates for
districts, especially districts that could not otherwise afford large-scale
candidate searches.
(ii) Introduced cost savings for candidate searches.
(d) Analytics that help identify trends in the education job market in
this state.
(e) Feedback from a survey of teachers on the advantages of the job bank
and suggestions for improvement.
(4) Funds allocated under this section are a work project appropriation,
and any unexpended funds for 2019-2020 do not lapse and are carried forward
into 2020-2021. The purpose of the work project is to continue development and maintenance of the school employee job
bank. The estimated completion date of the work project is May 15, 2023.
Sec.
98. (1) From the general fund money appropriated in section 11, there is
allocated an amount not to exceed $7,387,500.00 $6,312,500.00 for 2018-2019 2019-2020 and, for 2019-2020 only, from the talent investment
fund money appropriated in section 11, there is allocated an amount not to
exceed $1,075,000.00 for the purposes described in this section. The
Michigan Virtual University shall provide a report to the legislature not later
than November 1 of each year that includes its mission, its plans, and proposed
benchmarks it must meet, which shall include including a plan to achieve the organizational
priorities identified in this section, in order to receive full funding for 2019-2020. 2020-2021. Not
later than March 1 of each year, the Michigan Virtual University shall provide
an update to the house and senate appropriations subcommittees on school aid to
show the progress being made to meet the benchmarks identified.
(2)
The Michigan Virtual University shall operate the Michigan Virtual Learning
Research Institute. The Michigan Virtual Learning Research Institute shall do
all of the following:
(a)
Support and accelerate innovation in education through the following
activities:
(i) Test, evaluate, and recommend as appropriate
new technology-based instructional tools and resources.
(ii) Research, design, and recommend virtual
education delivery models for use by pupils and teachers that include
age-appropriate multimedia instructional content.
(iii) Research, develop, and recommend annually
to the department criteria by which cyber schools and virtual course providers
should be monitored and evaluated to ensure a quality education for their
pupils.
(iv) Based on pupil completion and performance
data reported to the department or the center for
educational performance and information from cyber schools and other
virtual course providers operating in this state, analyze the effectiveness of
virtual learning delivery models in preparing pupils to be college- and
career-ready and publish a report that highlights enrollment totals, completion
rates, and the overall impact on pupils. The report
shall be submitted Michigan Virtual Learning
Research Institute shall submit the report to the house and senate
appropriations subcommittees on state school aid, the state budget director,
the house and senate fiscal agencies, the department, districts, and
intermediate districts not later than March 31 of each year.
(v) Provide an extensive professional development
program to at least 30,000 educational personnel, including teachers, school administrators, and school board members,
that focuses on the effective integration of virtual learning into
curricula and instruction. The Michigan Virtual Learning Research Institute is
encouraged to work with the MiSTEM advisory council created under section 99s
to coordinate professional development of teachers in applicable fields. In
addition, the Michigan Virtual Learning Research Institute and external
stakeholders are encouraged to coordinate with the department for professional
development in this state. Not later than December 1 of each year, the Michigan
Virtual Learning Research Institute shall submit a report to the house and senate
appropriations subcommittees on state school aid, the state budget director,
the house and senate fiscal agencies, and the department on the number of
teachers, school administrators, and school board members who have received
professional development services from the Michigan Virtual University. The
report shall must also
identify barriers and other opportunities to encourage the adoption of virtual
learning in the public education system.
(vi) Identify and share best practices for
planning, implementing, and evaluating virtual and blended education delivery
models with intermediate districts, districts, and public school academies to
accelerate the adoption of innovative education delivery models statewide.
(b)
Provide leadership for this state’s system of virtual learning education by
doing the following activities:
(i) Develop and report policy recommendations to
the governor and the legislature that accelerate the expansion of effective
virtual learning in this state’s schools.
(ii) Provide a clearinghouse for research
reports, academic studies, evaluations, and other information related to
virtual learning.
(iii) Promote and distribute the most current
instructional design standards and guidelines for virtual teaching.
(iv) In collaboration with the department and
interested colleges and universities in this state, support implementation and
improvements related to effective virtual learning instruction.
(v) Pursue public/private partnerships that
include districts to study and implement competency-based technology-rich
virtual learning models.
(vi) Create a statewide network of school-based
mentors serving as liaisons between pupils, virtual instructors, parents, and
school staff, as provided by the department or the center, and provide mentors
with research-based training and technical assistance designed to help more
pupils be successful virtual learners.
(vii) Convene focus groups and conduct annual
surveys of teachers, administrators, pupils, parents, and others to identify
barriers and opportunities related to virtual learning.
(viii) Produce an annual consumer awareness
report for schools and parents about effective virtual education providers and
education delivery models, performance data, cost structures, and research
trends.
(ix) Provide an internet-based platform that
educators can use to create student-centric learning tools and resources for
sharing in the state’s open educational resource repository and facilitate a
user network that assists educators in using the content creation platform and
state repository for open educational resources. As part of this initiative,
the Michigan Virtual University shall work collaboratively with districts and
intermediate districts to establish a plan to make available virtual resources
that align to Michigan’s K-12 curriculum standards for use by students,
educators, and parents.
(x) Create and maintain a public statewide
catalog of virtual learning courses being offered by all public schools and
community colleges in this state. The Michigan Virtual Learning Research
Institute shall identify and develop a list of nationally recognized best
practices for virtual learning and use this list to support reviews of virtual
course vendors, courses, and instructional practices. The Michigan Virtual
Learning Research Institute shall also provide a mechanism for intermediate
districts to use the identified best practices to review content offered by
constituent districts. The Michigan Virtual Learning Research Institute shall
review the virtual course offerings of the Michigan Virtual University, and
make the results from these reviews available to the public as part of the
statewide catalog. The Michigan Virtual Learning Research Institute shall
ensure that the statewide catalog is made available to the public on the
Michigan Virtual University website and
shall allow the ability to link it to each district’s website as provided for
in section 21f. The statewide catalog shall
must also contain all of the following:
(A)
The number of enrollments in each virtual course in the immediately preceding
school year.
(B)
The number of enrollments that earned 60% or more of the total course points
for each virtual course in the immediately preceding school year.
(C)
The pass rate for each virtual course.
(xi) Support registration, payment services, and
transcript functionality for the statewide catalog and train key stakeholders
on how to use new features.
(xii) Collaborate with key stakeholders to
examine district level accountability and teacher effectiveness issues related
to virtual learning under section 21f and make findings and recommendations
publicly available.
(xiii) Provide a report on the activities of the
Michigan Virtual Learning Research Institute.
(3) To
further enhance its expertise and leadership in virtual learning, the Michigan
Virtual University shall continue to operate the Michigan Virtual School as a
statewide laboratory and quality model of instruction by implementing virtual
and blended learning solutions for Michigan schools in accordance with the
following parameters:
(a)
The Michigan Virtual School must maintain its accreditation status from
recognized national and international accrediting entities.
(b)
The Michigan Virtual University shall use no more than $1,000,000.00 of the
amount allocated under this section to subsidize the cost paid by districts for
virtual courses.
(c) In
providing educators responsible for the teaching of virtual courses as provided
for in this section, the Michigan Virtual School shall follow the requirements
to request and assess, and the department of state police shall provide, a
criminal history check and criminal records check under sections 1230 and 1230a
of the revised school code, MCL 380.1230 and 380.1230a, in the same manner as
if the Michigan Virtual School were a school district under those sections.
(4)
From the funds allocated under subsection (1), the Michigan Virtual University
shall allocate up to $500,000.00 to support
the expansion of new online and blended educator professional development programs.
(5) If
the course offerings are included in the statewide catalog of virtual courses
under subsection (2)(b)(x), the Michigan
Virtual School operated by the Michigan Virtual University may offer virtual
course offerings, including, but not limited to, all of the following:
(a)
Information technology courses.
(b)
College level equivalent courses, as defined in section 1471 of the revised
school code, MCL 380.1471.
(c)
Courses and dual enrollment opportunities.
(d)
Programs and services for at-risk pupils.
(e)
High school equivalency test preparation courses for adjudicated youth.
(f)
Special interest courses.
(g)
Professional development programs for teachers, school administrators, other
school employees, and school board members.
(6) If
a home-schooled or nonpublic school student is a resident of a district that
subscribes to services provided by the Michigan Virtual School, the student may
use the services provided by the Michigan Virtual School to the district
without charge to the student beyond what is charged to a district pupil using
the same services.
(7)
Not later than December 1 of each fiscal year, the Michigan Virtual University
shall provide a report to the house and senate appropriations subcommittees on
state school aid, the state budget director, the house and senate fiscal
agencies, and the department that includes at least all of the following
information related to the Michigan Virtual School for the preceding state
fiscal year:
(a) A
list of the districts served by the Michigan Virtual School.
(b) A
list of virtual course titles available to districts.
(c)
The total number of virtual course enrollments and information on registrations
and completions by course.
(d)
The overall course completion rate percentage.
(8) In
addition to the information listed in subsection (7), the report under
subsection (7) shall must
also include a plan to serve at least 600 schools with courses from the
Michigan Virtual School or with content available through the internet-based
platform identified in subsection (2)(b)(ix).
(9)
The governor may appoint an advisory group for the Michigan Virtual Learning
Research Institute established under subsection (2). The members of the
advisory group shall serve at the pleasure of
the governor and shall
serve without compensation. The purpose of the advisory group is to make
recommendations to the governor, the legislature, and the president and
board of the Michigan Virtual University that will accelerate innovation in
this state’s education system in a manner that will prepare elementary and
secondary students to be career and college ready and that will promote the
goal of increasing the percentage of citizens residents of this state with high-quality degrees and
credentials to at least 60% by 2025.
(10)
Not later than November 1 of each year, the Michigan Virtual University shall
submit to the house and senate appropriations subcommittees on state school
aid, the state budget director, and the house and senate fiscal agencies a
detailed budget for that fiscal year that includes a breakdown on its projected
costs to deliver virtual educational services to districts and a summary of the
anticipated fees to be paid by districts for those services. Not later than
March 1 each year, the Michigan Virtual University shall submit to the house
and senate appropriations subcommittees on state school aid, the state budget
director, and the house and senate fiscal agencies a breakdown on its actual
costs to deliver virtual educational services to districts and a summary of the
actual fees paid by districts for those services based on audited financial
statements for the immediately preceding fiscal year.
(11)
As used in this section:
(a) “Blended
learning” means a hybrid instructional delivery model where pupils are provided
content, instruction, and assessment, in part at a supervised educational
facility away from home where the pupil and a teacher with a valid Michigan
teaching certificate are in the same physical location and in part through
internet-connected learning environments with some degree of pupil control over
time, location, and pace of instruction.
(b) “Cyber
school” means a full-time instructional program of virtual courses for pupils
that may or may not require attendance at a physical school location.
(c) “Virtual
course” means a course of study that is capable of generating a credit or a
grade and that is provided in an interactive learning environment in which the
majority of the curriculum is delivered using the internet and in which pupils
are separated from their instructor or teacher of record by time or location,
or both.
(12) It is the intent of the legislature not to allocate an amount
greater than $6,342,500.00 for 2020‑2021 for the purposes of this
section.
Sec.
99h. (1) From the state school aid fund appropriation in section 11, there is
allocated an amount not to exceed $3,000,000.00 for 2017-2018 and an amount not to exceed $4,500,000.00
$4,700,000.00 for 2018-2019 2019-2020 for
competitive grants to districts and intermediate districts, and from the
general fund appropriation in section 11, there is allocated an amount
not to exceed $300,000.00 each fiscal year for
2017-2018 and for 2018-2019 for 2019-2020 for
competitive grants to nonpublic schools that provide pupils in grades K to 12
with expanded opportunities to improve mathematics, science, and technology
skills by participating in events hosted by a science and technology
development program known as FIRST (for inspiration and recognition of science
and technology) Robotics, including JR FIRST Lego League, FIRST Lego League,
FIRST Tech challenge, and FIRST Robotics competition, or , beginning in 2018-2019, other competitive robotics
programs, including VEX and those hosted by the
Robotics Education and Competition (REC) Foundation. Programs funded under this
section are intended to increase the number of pupils demonstrating proficiency
in science and mathematics on the state assessments and to increase the number
of pupils who are college- and career-ready upon high school graduation.
Notwithstanding section 17b, the department shall make grant
payments to districts, nonpublic schools, and intermediate districts under this
section shall be paid on a schedule determined
by the department. The department shall set maximum grant awards for each
different level of competition in a manner that both maximizes the number of
teams that will be able to receive funds and expands the geographical
distribution of teams.
(2) A
district, nonpublic school, or intermediate district applying for a grant under
this section shall submit an application in a form and manner determined by the
department. To be eligible for a grant, a district, nonpublic school, or
intermediate district shall demonstrate in its application that the district,
nonpublic school, or intermediate district has established a partnership for
the purposes of the robotics program with at least 1 sponsor, business entity,
higher education institution, or technical school, shall submit a spending
plan, and shall pay at least 25% of the cost of the robotics program.
(3)
The department shall distribute the grant funding under this section for the
following purposes:
(a)
Grants to districts, nonpublic schools, or intermediate districts to pay for
stipends not to exceed $1,500.00 for 1 coach per team.
(b)
Grants to districts, nonpublic schools, or intermediate districts for event
registrations, materials, travel costs, and other expenses associated with the
preparation for and attendance at robotics events and competitions. Each grant
recipient shall provide a local match from other private or local funds for the
funds received under this subdivision equal to at least 50% of the costs of
participating in an event.
(c)
Grants to districts, nonpublic schools, or intermediate districts for awards to
teams that advance to the state and world championship competitions. The
department shall determine an equal amount per team for those teams that
advance to the state championship and a second equal award amount to those teams
that advance to the world championship.
(4) A
nonpublic school that receives a grant under this section may use the funds for
either robotics or Science Olympiad programs.
(5) To
be eligible to receive funds under this section, a nonpublic school must be a
nonpublic school registered with the department and must meet all applicable
state reporting requirements for nonpublic schools.
(6) The funds allocated under this section for 2017-2018
2018-2019 are a work project appropriation,
and any unexpended funds for 2017-2018 2018-2019 are carried forward into 2018-2019. 2019-2020. The
purpose of the work project is to continue support of FIRST Robotics and must
not be used to support other robotics competitions. The estimated completion
date of the work project is September 30, 2020.2021.
(2) All of the following
apply to the MiSTEM advisory council:
(a) The MiSTEM advisory
council is created. The MiSTEM advisory council shall provide to the governor,
legislature, department of talent and economic
development, labor and economic opportunity, and
department recommendations designed to improve and promote innovation in STEM
education and to prepare students for careers in science, technology,
engineering, and mathematics.
(b) The MiSTEM advisory
council created under subdivision (a) shall consist consists of the following members:
(i) The governor shall appoint 11 voting members
who are representative of business sectors that are important to Michigan’s
economy and rely on a STEM-educated workforce, nonprofit organizations and
associations that promote STEM education, K-12 and postsecondary education
entities involved in STEM-related career education, or other sectors as
considered appropriate by the governor. Each of these members shall serve serves at
the pleasure of the governor and for a term determined by the governor.
(ii) The senate majority leader shall appoint 2
members of the senate to serve as nonvoting, ex-officio members of the MiSTEM
advisory council, including 1 majority party member and 1 minority party
member.
(iii) The speaker of the house of representatives
shall appoint 2 members of the house of representatives to serve as nonvoting,
ex-officio members of the MiSTEM advisory council, including 1 majority party
member and 1 minority party member.
(iv) The governor shall
appoint 1 state officer or employee to serve as a nonvoting, ex-officio member
of the MiSTEM advisory council.
(c) Each member of the
MiSTEM advisory council shall serve serves without compensation.
(d) The MiSTEM advisory
council annually shall review and make recommendations to the governor, the
legislature, and the department concerning changes to the statewide strategy
adopted by the council for delivering STEM education-related opportunities to
pupils. The MiSTEM advisory council shall use funds received under this
subsection to ensure that its members or their designees are trained in the
Change the Equation STEMworks rating system program for the purpose of rating
STEM programs.
(e) The MiSTEM advisory
council shall make specific funding recommendations for the funds allocated
under subsection (3) by December 15 of each fiscal year. Each specific funding
recommendation shall must
be for a program approved by the MiSTEM advisory council. To be eligible
for MiSTEM advisory council approval, a program must satisfy all of the
following:
(i) Align with this state’s academic standards.
(ii) Have STEMworks certification.
(iii) Provide project-based experiential
learning, student programming, or educator professional learning experiences.
(iv) Focus predominantly on classroom-based STEM
experiences or professional learning experiences.
(f) The MiSTEM advisory
council shall approve programs that represent all network regions and include a
diverse array of options for students and educators and at least 1 program in
each of the following areas:
(i) Robotics.
(ii) Computer science or coding.
(iii) Engineering or bioscience.
(g) The MiSTEM advisory
council is encouraged to work with the MiSTEM network to develop locally and
regionally developed programs and professional development
learning experiences for the programs on
the list of approved programs.
(h) If the MiSTEM advisory council is unable
to make specific funding recommendations by December 15 of a fiscal year, the
department shall award and distribute the funds allocated under subsection (3)
on a competitive grant basis that at least
follows the statewide STEM strategy plan and rating system recommended
by the MiSTEM advisory council. Each grant must provide STEM education-related
opportunities for pupils.
(i) The MiSTEM advisory council shall work
with the executive director of the MiSTEM network to implement the statewide
STEM strategy adopted by the MiSTEM advisory council.
(3) From the state school aid fund money
allocated under subsection (1), there is allocated for 2018-2019 2019-2020 an
amount not to exceed $3,050,000.00 for the purpose of funding programs under
this section for 2018-2019, 2019-2020, as recommended by the MiSTEM advisory
council.
(4) From the school aid fund allocation under
subsection (1), there is allocated an amount not to exceed $3,834,300.00 for 2018-2019 2019-2020 to
support the activities and programs of the MiSTEM network regions. In addition,
from the federal funds allocated under subsection (1), there is allocated for 2018-2019 2019-2020 an
amount estimated at $3,500,000.00 $235,000.00 from DED-OESE, title II, mathematics and
science partnership grants, for the purposes of this subsection. Beginning in 2018-2019, the From
the money allocated under this subsection, the department shall award the fiscal
agent for each MiSTEM network region shall receive $200,000.00
for the base operations of each region. The department
shall distribute the remaining funds will be
distributed to each fiscal agent in an equal amount per pupil, based on
the number of K to 12 pupils enrolled in districts within each region in the prior immediately preceding fiscal
year.
(5) A MiSTEM network region shall do all of
the following:
(a) Collaborate with the career and
educational advisory council that is located in the MiSTEM region to develop a
regional strategic plan for STEM education that creates a robust regional STEM
culture, that empowers STEM teachers, that integrates business and education
into the STEM network, and that ensures high-quality STEM experiences for
pupils. At a minimum, a regional STEM strategic plan should do all of the
following:
(i)
Identify regional employer need for STEM.
(ii)
Identify processes for regional employers and educators to create guided
pathways for STEM careers that include internships or externships,
apprenticeships, and other experiential engagements for pupils.
(iii)
Identify educator professional development opportunities, including internships
or externships and apprenticeships, that integrate this state’s science
standards into high-quality STEM experiences that engage pupils.
(b) Facilitate regional STEM events such as
educator and employer networking and STEM career fairs to raise STEM awareness.
(c) Contribute to the MiSTEM website and
engage in other MiSTEM network functions to further the mission of STEM in this
state in coordination with the MiSTEM advisory council and its executive
director.
(d) Facilitate application and implementation
of state and federal funds under this subsection and any other grants or funds
for the MiSTEM network region.
(e) Work with districts to provide STEM
programming and professional development.learning.
(f) Coordinate recurring discussions and work
with the career and educational advisory council to ensure that feedback and best practices are being shared,
including funding, program, professional learning opportunities, and
regional strategic plans.
(6) From the school aid funds allocated under
subsection (1), the department shall distribute for 2018-2019
2019-2020 an amount not to exceed
$750,000.00, in a form and manner determined by the department, to those
network regions able to provide curriculum and professional development support
to assist districts in implementing the Michigan merit curriculum components
for mathematics and science.
(7) In order to receive state or federal funds
under subsection (4) or (6), or to receive funds from
private sources as authorized under subsection (1), a grant recipient shall must allow access
for the department or the department’s designee to audit all records related to
the program for which it receives those funds. The grant recipient shall
reimburse the state for all disallowances found in the audit.
(8) In order to receive state funds under
subsection (4) or (6), a grant recipient shall must provide at least a 10% local match from local
public or private resources for the funds received under this subsection.
(9) Not later than July 1, 2019 and July 1 of
each year thereafter, a MiSTEM network region that receives funds under
subsection (4) shall report to the executive director of the MiSTEM network in
a form and manner prescribed by the executive director on performance measures
developed by the MiSTEM network regions and approved by the executive director.
The performance measures shall must be designed to ensure that the activities of the
MiSTEM network are improving student academic outcomes.
(10) Not more than 5% of a MiSTEM network
region grant under subsection (4) or (6) may be retained by a fiscal agent for
serving as the fiscal agent of a MiSTEM network region.
(11) From the general fund
allocation under subsection (1), there is allocated an amount not to exceed
$300,000.00 to the department of technology,
management, and budget to support the
functions of the executive director and executive assistant for the MiSTEM
network, and for administrative, training, and travel costs related to the
MiSTEM advisory council. The executive director and executive assistant for the
MiSTEM network shall do all of the following:
(a) Serve as a liaison
among and between the department, the department of technology,
management, and budget, the MiSTEM advisory council, the Michigan mathematics and science centers network, the
governor’s future talent investment board, the general education leadership network,
and council, the MiSTEM regions, and any other relevant organization or entity in a
manner that creates a robust statewide STEM culture, that empowers STEM
teachers, that integrates business and education into the STEM network, and
that ensures high-quality STEM experiences for pupils.
(b) Coordinate the
implementation of a marketing campaign, including, but not limited to, a
website that includes dashboards of
outcomes, to build STEM awareness and communicate STEM needs and opportunities
to pupils, parents, educators, and the business community.
(c)
Work with the department and the MiSTEM advisory council to coordinate, award,
and monitor MiSTEM state and federal grants
to the MiSTEM network regions and conduct reviews of grant recipients,
including, but not limited to, pupil experience and feedback.
(d) Report to the governor,
the legislature, the department, and the MiSTEM advisory council annually on
the activities and performance of the MiSTEM network regions.
(e) Coordinate recurring
discussions and work with regional staff to ensure that a network or loop of
feedback and best practices are shared, including funding, programming,
professional learning opportunities, discussion of MiSTEM strategic vision, and
regional objectives.
(f) Coordinate major grant
application efforts with the MiSTEM advisory council to assist regional staff
with grant applications on a local level. The MiSTEM advisory council shall
leverage private and nonprofit relationships to coordinate and align private
funds in addition to funds appropriated under this section.
(g) Train state and
regional staff in the STEMworks rating system, in collaboration with the MiSTEM
advisory council and the department.
(h) Collaborate with the MiSTEM network to hire Hire MiSTEM network region staff
in collaboration with the network region fiscal agent.
(12) As used in this
section:
(a)
“Career and educational advisory council” means an advisory council to the
local workforce development boards
located in a prosperity region consisting of educational, employer, labor, and
parent representatives.
(b) “DED” means the United
States Department of Education.
(c) “DED-OESE” means the
DED Office of Elementary and Secondary Education.
(d) “STEM” means science,
technology, engineering, and mathematics delivered in an integrated fashion
using cross-disciplinary learning experiences that can include language arts,
performing and fine arts, and career and technical education.
Sec. 99t. (1) From the general talent investment fund appropriation
money appropriated under section 11,
there is allocated an amount not to exceed $1,500,000.00 for 2018-2019 2019-2020 only to
purchase statewide access to an online algebra tool that meets all of the
following:
(a) Provides students statewide with complete access to videos aligned
with state standards including study guides and workbooks that are aligned with
the videos.
(b) Provides students statewide with access to a personalized online
algebra learning tool including adaptive diagnostics.
(c) Provides students statewide with dynamic
algebra practice assessments that emulate the state assessment with
immediate feedback and help solving problems.
(d) Provides students statewide with online access to algebra help 24
hours a day and 7 days a week from study experts, teachers, and peers on a
moderated social networking platform.
(e) Provides an online algebra professional development network for
teachers.
(f) Is already provided under a statewide contract in at least 1 other
state that has a population of at least 18,000,000 but not more than 19,000,000
according to the most recent decennial census and is offered in that state in
partnership with a public university.
(2) The department shall purchase the online algebra tool that was
chosen under this section in 2016-2017.
(3) A grantee receiving funding under this section shall comply with the
requirements of section 19b.
(4) It is the intent of the legislature that
funding allocated for the purposes under this section for 2019-2020 must not be
allocated for 2020-2021 for those purposes.
Sec. 99u. (1) From the general talent investment fund appropriation
money appropriated under section 11,
there is allocated for 2018-2019 2019-2020 only an amount not to exceed $1,500,000.00 to
purchase statewide access to an online mathematics
tool that meets 1 or more online mathematics
tools. The department shall select 1 or more vendors for the purposes of this
subsection using a competitive proposal process. An online mathematics tool
purchased under this subsection must meet at least all of the following:
(a)
Provides students statewide with complete access to mathematics support aligned
with state standards through a program that has all of the following elements:
(i) Student motivation.
(ii) Valid and reliable assessments.
(iii) Personalized learning pathways.
(iv) Highly qualified, live teachers available
all day and all year.
(v) Twenty-four-hour reporting.
(vi) Content built for rigorous mathematics.
(b)
Has a record of improving student mathematics scores in at least 5 other
states.
(c) Received funding under this section in
2017-2018.
(2) A
grantee that receives funding under this section shall comply with the
requirements of section 19b.
(3) In
addition to the funds allocated under subsection (1), from the general talent investment fund
appropriation in money
appropriated under section 11, there is allocated for 2018-2019 2019-2020 only an
amount not to exceed $500,000.00 for a grant for 1 or
more software-based solution solutions designed to teach Spanish language literacy to
students in pre-kindergarten through first grade. A
program funded under this subsection shall be a grant to the The department shall select 1 or more vendors for the purposes
of this subsection using a competitive proposal process. An eligible
provider that promotes shall
promote bilingualism and biliteracy , and is based on research that shows how students
who become proficient readers in their first language have an easier time
making the transition to reading proficiency in a second language. A provider of programming under subsection (1) is the
eligible provider of programming under this subsection.
(4) In
addition to the funds allocated under subsection (1), from the general talent investment fund
money appropriated in section 11, there is allocated for 2018-2019 2019-2020 only an
amount not to exceed $1,000,000.00 for a pilot program
a grant for 1 or more programs to provide
explicit, targeted literacy instruction within an individualized learning path
that continually adjusts to a pupil’s needs. A program
funded under this subsection shall be a grant to the The department shall select 1 or more vendors for the purposes
of this subsection using a competitive proposal process. An eligible
provider that promotes shall
promote literacy by teaching critical language and literacy concepts
such as reading and listening comprehension, basic vocabulary, academic
language, grammar, phonological awareness, phonics, and fluency. A pilot program funded under this subsection shall cover both
the remainder of 2018-2019 and also the entire 2019-2020 school year. A
provider of programming under subsection (1) is the eligible provider of
programming under this subsection.
(5)
Notwithstanding section 17b, the department shall make payments
made under this section shall be made not later than March 1, December 1, 2019.
Sec.
99v. (1) From the general
talent investment fund appropriation in money
appropriated under section 11, there is allocated an amount not to
exceed $25,000.00 for 2018-2019 2019-2020 only for a grant to be distributed by the
department to a provider that develops and scales effective innovations to
support educators, administrators, and policymakers in creating seamless
transitions throughout the K-14 system for all students, especially the
underserved. A grantee must have expertise in K-12 services, online course
programs, digital platform services, leadership networks, and higher education,
and work to develop a mathematics pathways alignment. A grantee that receives a
grant under this section shall facilitate a 2-day math workshop with high
school and college faculty focused on sharing information about high-impact
practices, defining the problem or problems, and using data and planning
strategies to address those problems. In addition, the grantee shall use funds
to conduct 3 virtual check-ins during which the working groups will report on
progress and identify challenges and questions, with the grantee providing
guidance and resources as appropriate.
(2) It is the intent of the legislature that funding allocated for the
purposes under this section for 2019-2020 must not be allocated for 2020-2021
for those purposes.
Sec. 99w. (1) From the general fund money appropriated under
section 11, there is allocated an amount not to exceed $500,000.00 $250,000.00 for
2018-2019 2019-2020 and
there is allocated an amount not to exceed
$250,000.00 from the talent investment fund money appropriated under section 11
for 2019-2020 only to facilitate a culture of health and physical
activity as part of daily life. Funding The department shall use the funding under this section shall be for a grant to
the Michigan Fitness Foundation to work with the department to invest in a
physical education curriculum. Funding under this section may support staff,
evaluation, assessment, technology, meetings, training, travel, materials, and
other administrative expenses in support of an updated physical education
curriculum. Funding under this section may be used as matching dollars to
qualify for federal and private resources to support physical education.
(2) Notwithstanding section 17b, the
department shall make payments made under this section shall be made not later than March 1, December 15, 2019.
Sec.
99x. (1) From the general fund money appropriated under section 11, there is
allocated for 2018-2019 2019-2020
an amount not to exceed $300,000.00 $800,000.00 for Teach for America to host a summer
training institute in the city of Detroit, recruit teachers into a master
teacher fellowship, and retain a committed alumni community. A program funded
under this section must provide coaching and professional development, with the
goal to produce highly effective teachers that move pupils beyond their growth
benchmarks.
(2)
Notwithstanding section 17b, the department shall make payments
made under this section shall be made not later
than March 1, December
15, 2019.
(3) It is the intent of the legislature not to allocate an amount
greater than $400,000.00 for 2020-2021 for the purposes of this section.
Sec. 99z. (1) From the talent investment fund money appropriated under
section 11, there is allocated to the department an amount not to exceed
$300,000.00 for 2019-2020 only for funding a program that provides teacher STEM
professional development and workshops, and enables high school students to
incorporate innovation and engineering into the design of a wide variety of
complex vehicles. To be eligible for funding under this section, a program must
provide an underwater innovative vehicle design challenge, an autonomous
innovative vehicle design challenge, a mini innovative vehicle design
challenge, and a full-scale innovative vehicle design challenge.
(2) Notwithstanding section 17b, the department shall make payments
under this section not later than December 15, 2019.
Sec. 99bb. (1) From the general fund money appropriated under section 11, there is
allocated an amount not to exceed $250,000.00 for 2019-2020 only for the
purposes of this section. The department shall establish a grant program to
distribute this funding to 1 eligible nonprofit organization described under
subsection (3) to be used in the manner described under subsection (4).
(2) A nonprofit organization shall apply for funding under this section
in the form and manner prescribed by the department.
(3) A nonprofit organization that meets all of the following is an
eligible nonprofit organization under this section:
(a) Is an organization that is not operated for profit and is exempt
from federal income tax under section 501(c)(3)or 501(c)(4) of the internal
revenue code, 26 USC 501.
(b) Has chapters and provides its services in at least 10 schools,
colleges, or universities in this state.
(c) Provides services to aid individuals with intellectual and
developmental disabilities.
(4) The eligible nonprofit organization that receives funding under this
section shall use the funds to accomplish at least both of the following:
(a) Create opportunities for 1-on-1 friendships, integrated employment,
and leadership development for individuals with intellectual and developmental
disabilities.
(b) Provide resources to individuals with intellectual and developmental
disabilities to aid those individuals with all of the following:
(i) Gaining access to employment opportunities.
(ii) Relational skills.
(iii) Communication skills.
(iv) Integration into communities.
(v) Any other skills that better the lives of individuals with
intellectual and developmental disabilities.
(5) Notwithstanding section 17b, the department shall make grant
payments under this section on a schedule determined by the department.
Sec. 101. (1) To be eligible to receive state aid under this article,
not later than the fifth Wednesday after the pupil membership count day and not
later than the fifth Wednesday after the supplemental count day, each district
superintendent shall submit and certify to the
center and the intermediate superintendent, in the form and manner prescribed
by the center, the number of pupils enrolled and in regular daily attendance, including identification of tuition-paying pupils, in
the district as of the pupil membership count day and as of the supplemental
count day, as applicable, for the current school year. In addition, a district
maintaining school during the entire year , as provided under section 1561 of the revised school code,
MCL 380.1561, shall submit and certify to
the center and the intermediate superintendent, in the form and manner
prescribed by the center, the number of pupils enrolled and in regular daily
attendance in the district for the current school year pursuant to rules
promulgated by the superintendent. Not later than the sixth Wednesday after the
pupil membership count day and not later than the sixth Wednesday after the
supplemental count day, the district shall certify resolve any pupil membership conflicts with another district,
correct any data issues, and recertify the data in a form and manner
prescribed by the center and file the certified data with the intermediate
superintendent. If a district fails to submit and certify the attendance data,
as required under this subsection, the center shall notify the department and the department shall withhold state aid due to be
distributed under this article shall be withheld from
the defaulting district immediately, beginning with the next payment after the
failure and continuing with each payment until the district complies with this
subsection. If a district does not comply with this subsection by the end of
the fiscal year, the district forfeits the amount withheld. A person who
willfully falsifies a figure or statement in the certified and sworn copy of
enrollment shall be punished in the manner is subject to penalty as prescribed by section 161.
(2) To be eligible to receive state aid under this article, not later
than the twenty-fourth Wednesday after the pupil membership count day and not
later than the twenty-fourth Wednesday after the supplemental count day, an
intermediate district shall submit to the center, in a form and manner
prescribed by the center, the audited enrollment and attendance data for the
pupils of its constituent districts and of the intermediate district. If an
intermediate district fails to submit the audited data as required under this
subsection, the department shall withhold state
aid due to be distributed under this article shall be
withheld from the defaulting intermediate district immediately,
beginning with the next payment after the failure and continuing with each
payment until the intermediate district complies with this subsection. If an
intermediate district does not comply with this subsection by the end of the
fiscal year, the intermediate district forfeits the amount withheld.
(3) Except as otherwise provided in subsections (11) and (12), all of
the following apply to the provision of pupil instruction:
(a) Except as otherwise provided in this section,
each district shall provide at least 1,098 hours and , beginning in 2010-2011, the required minimum number of 180 days of pupil instruction. Beginning in
2014-2015, the required minimum number of days of pupil instruction is 175.
However, all of the following apply to these requirements:
(i) If a collective bargaining agreement that
provides a complete school calendar was in effect for employees of a district
as of July 1, 2013, and if that school calendar is not in compliance with this
subsection, then this subsection does not apply to that district until after
the expiration of that collective bargaining agreement. If a district entered
into a collective bargaining agreement on or after July 1, 2013 and if that collective bargaining agreement did not provide
for at least 175 days of pupil instruction beginning in 2014-2015, then
the department shall withhold from the district’s total state school aid an
amount equal to 5% of the funding the district receives in 2014-2015 under
sections 22a and 22b.
(ii) A district may apply for a waiver under
subsection (9) from the requirements of this subdivision.
(b) Beginning in 2016-2017, the required
minimum number of days of pupil instruction is 180. If a
collective bargaining agreement that provides a complete school calendar was in
effect for employees of a district as of June 24, 2014, and if that school
calendar is not in compliance with this subdivision, then this subdivision does
not apply to that district until after the expiration of that collective
bargaining agreement. A district may apply for a waiver under subsection (9)
from the requirements of this subdivision.
(b) (c) Except
as otherwise provided in this article, a district failing to comply with the
required minimum hours and days of pupil instruction under this subsection shall forfeit forfeits from
its total state aid allocation an amount determined by applying a ratio of the
number of hours or days the district was in noncompliance in relation to the
required minimum number of hours and days under this subsection. Not later than
August 1, the board of each district shall either certify to the
department that the district was in full compliance with this section regarding
the number of hours and days of pupil instruction in the previous school year,
or report to the department, in a form and manner prescribed by the center,
each instance of noncompliance. If the district did not provide at least the
required minimum number of hours and days of pupil instruction under this
subsection, the department shall make the
deduction of state aid shall be made in the
following fiscal year from the first payment of state school aid. A district is
not subject to forfeiture of funds under this subsection for a fiscal year in
which a forfeiture was already imposed under subsection (6).
(c) (d) Hours
or days lost because of strikes or teachers’ conferences shall are not be counted as hours or days of pupil instruction.
(e) If a collective bargaining agreement that
provides a complete school calendar is in effect for employees of a district as
of October 19, 2009, and if that school calendar is not in compliance with this
subsection, then this subsection does not apply to that district until after
the expiration of that collective bargaining agreement.
(d) (f) Except
as otherwise provided in subdivisions (g) and (h), (e) and (f), if a district not
having does not have at least 75% of the
district’s membership in attendance on any day of pupil instruction, shall receive the department shall pay the district state aid in that
proportion of 1/180 that the actual percent of attendance bears to the specified percentage.75%.
(e) (g) If a
district adds 1 or more days of pupil instruction to the end of its
instructional calendar for a school year to comply with subdivision (a) because
the district otherwise would fail to provide the required minimum number of days
of pupil instruction even after the operation of subsection (4) due to
conditions not within the control of school authorities, then subdivision (f) (d) does not apply
for any day of pupil instruction that is added to the end of the instructional
calendar. Instead, for any of those days, if the district does not have at
least 60% of the district’s membership in attendance on that day, the department shall pay the district shall receive state aid in that proportion of 1/180
that the actual percentage of attendance bears to the
specified percentage. 60%. For any day of
pupil instruction added to the instructional calendar as described in this
subdivision, the district shall report to the department the percentage of the
district’s membership that is in attendance, in the form and manner prescribed
by the department.
(f) (h) At the
request of a district that operates a department-approved alternative education
program and that does not provide instruction for pupils in all of grades K to
12, the superintendent shall grant a waiver from the requirements of
subdivision (f). (d). The
waiver shall indicate must
provide that an eligible district is subject to the proration provisions
of subdivision (f) (d) only
if the district does not have at least 50% of the district’s membership in
attendance on any day of pupil instruction. In order to be eligible for this
waiver, a district must maintain records to substantiate its compliance with
the following requirements:
(i) The district offers the minimum hours of
pupil instruction as required under this section.
(ii) For each enrolled pupil, the district uses
appropriate academic assessments to develop an individual education plan that
leads to a high school diploma.
(iii) The district tests each pupil to determine
academic progress at regular intervals and records the results of those tests
in that pupil’s individual education plan.
(g) (i) All of
the following apply to a waiver granted under subdivision (h):(f):
(i) If the waiver is for a blended model of delivery,
a waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal
year remains in effect unless it is revoked by the superintendent.
(ii) If the waiver is for a 100% online model of
delivery and the educational program for which the waiver is granted makes
educational services available to pupils for a minimum of at least 1,098 hours
during a school year and ensures that each pupil participates in the
educational program for at least 1,098 hours during a school year, a waiver
that is granted for the 2011-2012 fiscal year or a subsequent fiscal year
remains in effect unless it is revoked by the superintendent.
(iii) A waiver that is not a waiver described in
subparagraph (i) or (ii) is valid for 1 fiscal year and must be
renewed annually to remain in effect.
(h) (j) The
superintendent shall promulgate rules for the implementation of this
subsection.
(4)
Except as otherwise provided in this subsection, the first 6 days or the
equivalent number of hours for which pupil instruction is not provided because
of conditions not within the control of school authorities, such as severe
storms, fires, epidemics, utility power unavailability, water or sewer failure,
or health conditions as defined by the city, county, or state health
authorities, are counted as hours and days of pupil instruction. For 2018-2019
only, in addition to these 6 days, if pupil instruction is not provided on 1 or
more days that are included in a period for which the governor has issued an
executive order declaring a state of emergency across this state, upon request
by a district to the superintendent of public instruction, in a form and manner
prescribed by the department, that 1 or more of those days and the equivalent
number of hours count as days and hours of pupil instruction, the department
shall count those requested days and the equivalent
number of hours as days and hours of pupil instruction for the purposes of this
section. For 2018-2019, the days included in the executive order are
January 29, 2019 to February 2, 2019. With the approval of the superintendent
of public instruction, the department shall count as hours and days of pupil
instruction for a fiscal year not more than 3 additional days or the equivalent
number of additional hours for which pupil instruction is not provided in a
district due to unusual and extenuating occurrences resulting from conditions
not within the control of school authorities such as those conditions described
in this subsection. Subsequent such hours or days shall
not be are not counted as hours or days of
pupil instruction.
(5) A
district shall does not
forfeit part of its state aid appropriation because it adopts or has in
existence an alternative scheduling program for pupils in kindergarten if the
program provides at least the number of hours required under subsection (3) for
a full-time equated membership for a pupil in kindergarten as provided under
section 6(4).
(6) In
addition to any other penalty or forfeiture under this section, if at any time
the department determines that 1 or more of the following have occurred in a
district, the district shall forfeit forfeits in the current fiscal year beginning in the
next payment to be calculated by the department a proportion of the funds due
to the district under this article that is equal to the proportion below the
required minimum number of hours and days of pupil instruction under subsection
(3), as specified in the following:
(a)
The district fails to operate its schools for at least the required minimum
number of hours and days of pupil
instruction under subsection (3) in a school year, including hours and days
counted under subsection (4).
(b)
The board of the district takes formal action not to operate its schools for at
least the required minimum number of hours and days of pupil instruction under
subsection (3) in a school year, including hours and days counted under
subsection (4).
(7) In
providing the minimum number of hours and days of pupil instruction required
under subsection (3), a district shall use the following guidelines, and a
district shall maintain records to substantiate its compliance with the
following guidelines:
(a)
Except as otherwise provided in this subsection, a pupil must be scheduled for
at least the required minimum number of hours of instruction, excluding study
halls, or at least the sum of 90 hours plus the required minimum number of
hours of instruction, including up to 2 study halls.
(b)
The time a pupil is assigned to any tutorial activity in a block schedule may
be considered instructional time, unless that time is determined in an audit to
be a study hall period.
(c)
Except as otherwise provided in this subdivision, a pupil in grades 9 to 12 for
whom a reduced schedule is determined to be in the individual pupil’s best
educational interest must be scheduled for a number of hours equal to at least
80% of the required minimum number of hours of pupil instruction to be
considered a full-time equivalent pupil. A pupil in grades 9 to 12 who is
scheduled in a 4-block schedule may receive a reduced schedule under this
subsection if the pupil is scheduled for a number of hours equal to at least
75% of the required minimum number of hours of pupil instruction to be
considered a full-time equivalent pupil.
(d) If
a pupil in grades 9 to 12 who is enrolled in a cooperative education program or
a special education pupil cannot receive the required minimum number of hours
of pupil instruction solely because of travel time between instructional sites
during the school day, that travel time, up to a maximum of 3 hours per school
week, shall be is considered
to be pupil instruction time for the purpose of determining whether the pupil
is receiving the required minimum number of hours of pupil instruction.
However, if a district demonstrates to the satisfaction of the department that
the travel time limitation under this subdivision would create undue costs or
hardship to the district, the department may consider more travel time to be
pupil instruction time for this purpose.
(e) In
grades 7 through 12, instructional time that is part of a Junior Reserve
Officer Training Corps (JROTC) program shall be is considered to be pupil instruction time regardless of
whether the instructor is a certificated teacher if all of the following are
met:
(i) The instructor has met all of the
requirements established by the United States Department of Defense and the
applicable branch of the armed services for serving as an instructor in the
Junior Reserve Officer Training Corps program.
(ii) The board of the district or intermediate
district employing or assigning the instructor complies with the requirements
of sections 1230 and 1230a of the revised school code, MCL 380.1230 and
380.1230a, with respect to the instructor to the same extent as if employing
the instructor as a regular classroom teacher.
(8)
Except as otherwise provided in subsections (11) and (12), the department shall
apply the guidelines under subsection (7) in calculating the full-time
equivalency of pupils.
(9)
Upon application by the district for a particular fiscal year, the
superintendent shall waive for a district the minimum number of hours and days
of pupil instruction requirement of subsection (3) for a department-approved
alternative education program or another innovative program approved by the
department, including a 4-day school week. If a district applies for and
receives a waiver under this subsection and complies with the terms of the
waiver, the district is not subject to forfeiture under this section for the
specific program covered by the waiver. If the district does not comply with
the terms of the waiver, the amount of the forfeiture shall
be is calculated based upon a comparison of
the number of hours and days of pupil instruction actually provided to the
minimum number of hours and days of pupil instruction required under subsection
(3). Pupils A district
shall report pupils enrolled in a department-approved alternative
education program under this subsection shall be
reported to the center in a form and manner determined by the center.
All of the following apply to a waiver granted under this subsection:
(a) If
the waiver is for a blended model of delivery, a waiver that is granted for the
2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it
is revoked by the superintendent.
(b) If
the waiver is for a 100% online model of delivery and the educational program
for which the waiver is granted makes educational services available to pupils
for a minimum of at least 1,098 hours during a school year and ensures that
each pupil is on track for course completion at proficiency level, a waiver
that is granted for the 2011-2012 fiscal year or a subsequent fiscal year
remains in effect unless it is revoked by the superintendent.
(c) A
waiver that is not a waiver described in subdivision (a) or (b) is valid for 1
fiscal year and must be renewed annually to remain in effect.
(d) For 2018-2019 only, the department shall
grant a waiver to a district that applies for a waiver for a blended model of
delivery after the department’s application deadline if the district meets the
other requirements for a waiver under this subsection.
(10) Until 2014-2015, a A district may count up to 38 hours of qualifying
professional development for teachers as hours of pupil instruction. However, if a collective bargaining agreement that provides
for the counting of up to 38 hours of qualifying professional development for
teachers as pupil instruction is in effect for employees of a district as of
July 1, 2013, then until the school year that begins after the expiration of
that collective bargaining agreement a district may count up to the
contractually specified number of hours of qualifying professional development
for teachers as hours of pupil instruction. Professional development provided
online is allowable and encouraged, as long as the instruction has been
approved by the district. The department shall issue a list of approved online
professional development providers, which shall include the Michigan Virtual
School. As used in this subsection, “qualifying professional development” means
professional development that is focused on 1 or more of the following:
(a) Achieving or improving adequate yearly
progress as defined under the no child left behind act of 2001, Public Law
107-110.
(b) Achieving accreditation or improving a
school’s accreditation status under section 1280 of the revised school code,
MCL 380.1280.
(c) Achieving highly qualified teacher status
as defined under the no child left behind act of 2001, Public Law 107-110.
(d) Integrating technology into classroom
instruction.
(e) Maintaining teacher certification.All of the following apply to the counting of qualifying professional
development as pupil instruction under this subsection:
(a) If qualifying professional development
exceeds 5 hours in a single day, that day may be counted as a day of pupil
instruction.
(b) At least 8 hours of the qualifying
professional development counted as hours of pupil instruction under this
subsection must be recommended by a districtwide professional development
advisory committee appointed by the district board. The advisory committee must
be composed of teachers employed by the district who represent a variety of
grades and subject matter specializations, including special education; nonteaching
staff; parents; and administrators. The majority membership of the committee
shall be composed of teaching staff.
(c) Professional development provided online
is allowable and encouraged, as long as the instruction has been approved by
the district. The department shall issue a list of approved online professional
development providers, which must include the Michigan Virtual School.
(d) Qualifying professional development may
only be counted as hours of pupil instruction for the pupils of those teachers
scheduled to participate in the qualifying professional development.
(e) For professional development to be
considered qualifying professional development under this subsection, the
professional development must meet all of the following:
(i) Is aligned to the school or district improvement plan for the school
or district in which the professional development is being provided.
(ii) Is linked to 1 or more criteria in the evaluation tool developed or
adopted by the district or intermediate district under section 1249 of the
revised school code, MCL 380.1249.
(iii) Has been approved by the department as counting for state continuing
education clock hours. The number of hours of professional development counted
as hours of pupil instruction may not exceed the number of state continuing
education clock hours for which the qualifying professional development was
approved.
(iv) Not more than a combined total of 10 hours of the professional
development takes place before the first scheduled day of school for the school
year ending in the fiscal year and after the last scheduled day of school for
that school year.
(v) No more than 10 hours of qualifying professional development takes
place in a single month.
(vi) At least 75% of teachers scheduled to participate in the professional
development are in attendance.
(11) Subsections (3) and (8) do not apply to a school of excellence that
is a cyber school, as defined in section 551 of the revised school code, MCL
380.551, and is in compliance with section 553a of the revised school code, MCL
380.553a.
(12) Subsections (3) and (8) do not apply to eligible pupils enrolled in
a dropout recovery program that meets the requirements of section 23a. As used
in this subsection, “eligible pupil” means that term as defined in section 23a.
(13) Beginning in 2013, at At least every 2 years the superintendent shall review
the waiver standards set forth in the pupil accounting and auditing manuals to
ensure that the waiver standards and waiver process continue to be appropriate
and responsive to changing trends in online learning. The superintendent shall
solicit and consider input from stakeholders as part of this review.
Sec.
102d. (1) From the funds appropriated in section 11, there is allocated an
amount not to exceed $1,500,000.00 for 2018-2019 2019-2020 for reimbursements to districts, intermediate
districts, and the authorizing bodies of public
school academies for the licensing of school data analytical tools as described
under this section. The reimbursement is for eligible districts,
intermediate districts, and authorizing bodies of public school academies that
choose to use a school data analytical tool to assist the district,
intermediate district, or authorizing body of a public school academy and that
enter into a licensing agreement for a school data analytical tool with 1 of
the vendors approved by the department of technology, management, and budget
under subsection (2). (3).
Funds allocated under this section are intended to provide eligible districts, intermediate districts, and the authorizing bodies of public school academies with
financial forecasting and transparency reporting tools to help improve the
financial health of districts and to improve communication with the public. , resulting in increased fund
balances for districts and intermediate districts.
(2) A district, intermediate district, or the authorizing body of a
public school academy is eligible for funding under this section if either of
the following applies:
(a) The department of treasury, in consultation with the department,
approves a request by the district,
intermediate district, or the authorizing body of the public school academy to
seek reimbursement for a school data analytical tool described in this
section and at least 1 of the following applies:
(i) The district, intermediate district, or public
school academy is required to submit a deficit elimination plan under
section 1220 of the revised school code, MCL 380.1220.
(ii) The district, intermediate district, or public school academy is
required to submit an enhanced deficit elimination plan under section 1220 of
the revised school code, MCL 380.1220.
(iii) The district, intermediate district, or public school academy is
required to submit periodic financial status reports to the department of
treasury.
(iv) The department of treasury has declared that the district,
intermediate district, or public school academy may potentially be subject to
fiscal stress.
(v) The district, intermediate district, or public school academy is subject
to oversight under the local financial stability and choice act, 2012 PA 436,
MCL 141.1541 to 141.1575.
(vi) The district, intermediate district, or public school academy has a
signed partnership agreement with the department and is not receiving
reimbursement for a school data analytical tool under section 21h.
(b) There are remaining available funds under this section after
reimbursements are made to all eligible districts, intermediate districts, and
authorizing bodies described under subdivision (a).
(3) (2) A
vendor approved under this section for 2017-2018 2018-2019 is approved for use by a district,
intermediate district, or the authorizing body of
a public school academy and for reimbursement for 2018‑2019.2019-2020.
(4) (3) Funds The department shall first pay funds allocated
under this section shall be paid to districts,
intermediate districts, and the authorizing bodies
of public school academies to which subsection (2)(a)
applies as a full reimbursement
for already having a licensing agreement or for entering into a licensing agreement not later than
December 1, 2018 with a vendor approved under subsection (2) (3) to implement a
school data analytical tool. Reimbursement will be prorated for the portion of
the state fiscal year not covered by the
licensing agreement. However, a licensing agreement
that takes effect after October 1, 2018 and before December 1, 2018 will not be
prorated if the term of the agreement is at least 1 year. Reimbursement under
this section shall be made as follows:
(a) All districts, intermediate districts, and
authorizing bodies of public school academies seeking reimbursement shall
submit requests not later than December 1, 2018 indicating the cost paid for
the school data analytical tool.
(5) (b) The department shall determine the sum of
the funding requests under subdivision (a) and, if there are sufficient funds,
shall pay If all eligible districts, intermediate
districts, and authorizing bodies to which subsection (2)(a) applies have been
reimbursed and there are remaining available funds under this section, the
department shall pay 1/2 of the costs submitted under subdivision (a). by an
eligible district, intermediate district, or authorizing body to which
subsection (2)(a) does not apply but that is otherwise an eligible district,
intermediate district, or authorizing body under this section. If there
are insufficient funds to pay 1/2 of the costs submitted under (a), this subsection, then
the department shall make reimbursement shall be made on an equal percentage basis.
(c) Funds remaining after the calculation and
payment under subdivision (b) shall be distributed on an equal per-pupil basis,
with an intermediate district’s pupils considered to be the sum of the pupil
memberships of the constituent districts for which the intermediate district is
purchasing the school data analytical tool, and with an authorizing body’s
pupils considered to be the sum of the pupil memberships of the public school
academies authorized by the authorizing body for which the authorizing body is
purchasing the school data analytical tool.
(6) (d) The
reimbursement to a district, intermediate district, or authorizing body of a
public school academy shall must not be greater than the amount paid for a data
analytics application.
(7) (e) A Subject to subsection (8), the department shall not reimburse a district,
intermediate district, or authorizing body of a public school academy shall not be reimbursed for the purchase of more than
1 software application.
(8) (4) If an
intermediate district purchases both a school data analytical tool specifically
for intermediate district finances and a school data analytical tool for those
constituent districts that opt in, the intermediate district shall may be reimbursed
for both purchases under this section.
(9) (5) If an
intermediate district makes available to 1 or more of its constituent districts
a school data analytical tool funded under this section, the
department shall not reimburse that constituent district shall not be reimbursed under this section for the
purchase of that school data analytical tool if the constituent district has
opted in for that tool. If an intermediate district makes
available to 1 or more of its constituent districts a school data analytical
tool funded under this section, and that constituent district does not opt in
for that tool, the department shall not reimburse that constituent district for
the purchase of any other analytical tool funded under this section.
(10) (6) If an
authorizing body of a public school academy makes available to 1 or more public
school academies a school data analytical tool funded under this section, the department shall not reimburse the public school
academy shall not be reimbursed under this
section for the purchase of a school data analytical tool if the public school
academy opted in for that tool. If an authorizing body
makes available to 1 or more of its public school academies a school data
analytical tool funded under this section, and that public school academy does
not opt in for that tool, the department shall not reimburse that public school
academy for the purchase of any other analytical tool funded under this
section.
(11) (7) Notwithstanding
section 17b, the department shall make payments
under this section shall be made on a schedule
determined by the department.
Sec.
104. (1) In order to receive state aid under this article, a district shall
comply with sections 1249, 1278a, 1278b, 1279, 1279g, and 1280b of the revised
school code, MCL 380.1249, 380.1278a, 380.1278b, 380.1279, 380.1279g, and 380.1280b, and 1970 PA 38, MCL 388.1081 to
388.1086. Subject to subsection (2), from the state school aid fund
money appropriated in section 11, there is allocated for 2017-2018 an amount not to exceed $29,709,400.00 and there
is allocated for 2018-2019 2019-2020 an
amount not to exceed $32,509,400.00 $32,009,400.00 for payments on behalf of districts for
costs associated with complying with those provisions of law. In addition, from
the federal funds appropriated in section 11, there is allocated each fiscal year for 2017-2018 and for 2018-2019 for 2019-2020 an amount estimated at $6,250,000.00,
funded from DED-OESE, title VI, state assessment funds, and from DED-OSERS,
section 504 of part B of the individuals with disabilities education act,
Public Law 94-142, plus any carryover federal funds from previous year
appropriations, for the purposes of complying with the federal no child left behind act of 2001, Public Law
107-110, or the every student succeeds act, Public Law 114-95.
(2)
The results of each test administered as part of the Michigan student test of
educational progress (M‑STEP), including tests administered to high
school students, shall must
include an item analysis that lists all items that are counted for
individual pupil scores and the percentage of pupils choosing each possible
response. The department shall work with the center to identify the number of
students enrolled at the time assessments are given by each district. In
calculating the percentage of pupils assessed for a district’s scorecard, the
department shall use only the number of pupils enrolled in the district at the
time the district administers the assessments and shall exclude pupils who
enroll in the district after the district administers the assessments.
(3) All The department shall
distribute federal funds allocated under this section shall be distributed in accordance with federal law
and with flexibility provisions outlined in Public Law 107-116, and in the
education flexibility partnership act of 1999, Public Law 106-25.
(4) From the funds allocated in subsection (1),
there is allocated an amount not to exceed $1,000,000.00 for 2017-2018 and an
amount not to exceed $1,500,000.00 for 2018-2019 to an intermediate district
described in this subsection to implement a Michigan kindergarten entry
observation tool in 2017–2018 and 2018-2019. The funding under this subsection is
allocated to an intermediate district in prosperity region 9 with at least
3,000 kindergarten pupils enrolled in its constituent districts to continue
participation in the Maryland-Ohio pilot and cover the costs of implementing
the observation tool, including a contract with a university for implementation
of the observation tool also referred to as the kindergarten readiness
assessment. The intermediate district shall continue implementation of the
Michigan kindergarten entry observation (MKEO) and the kindergarten readiness
assessment shall be conducted in all kindergarten classrooms in districts
located in prosperity regions 4, 5, and 9 beginning in August 2018 and,
beginning August 1, 2019, in districts located in prosperity regions 2, 3, 4,
5, 6, 7, 8, and 9. A constituent district of an intermediate district located
within these prosperity regions shall administer the Maryland-Ohio tool within
each kindergarten classroom to either the full census of kindergarten pupils or
a representative sample of not less than 35% of the enrolled kindergarten
pupils in each classroom. The intermediate district receiving the funding
allocated under this subsection shall work with other intermediate districts to
implement the Michigan kindergarten entry observation, engage with the office
of great start and the department, and provide a report to the legislature on
the demonstrated readiness of kindergarten pupils within the participating
intermediate districts. That intermediate district may share this funding with
the other affected intermediate districts and districts. Allowable costs under
this subsection include those incurred in July, August, and September 2017 as
well as those incurred in 2017-2018. As used in this subsection, “kindergarten”
may include a classroom for young 5-year-olds, commonly referred to as “young
5s” or “developmental kindergarten”. The department shall approve the language
and literacy domain within the Maryland-Ohio tool, also referred to as the “Kindergarten
Readiness Assessment”, for use by districts as an initial assessment that may
be delivered to all kindergarten students to assist with identifying any
possible area of concern for a student in English language arts.From the funds allocated in subsection (1), there is allocated
an amount not to exceed $2,500,000.00 to an intermediate district described in
this subsection for statewide implementation of the Michigan kindergarten entry
observation tool (MKEO) beginning in the fall of 2019, utilizing the
Maryland-Ohio observational tool, also referred to as the Kindergarten
Readiness Assessment, as piloted under this subsection in 2017-2018 and
implemented in 2018-2019 and 2019-2020. The funding in this subsection is
allocated to an intermediate district in prosperity region 9 with at least 3,000
kindergarten pupils enrolled in its constituent districts. All of the following
apply to the implementation of the kindergarten entry observation tool under
this subsection:
(a) The department, in collaboration with all
intermediate districts, shall ensure that the Michigan kindergarten entry
observation tool is administered in each kindergarten classroom to either the
full census of kindergarten pupils enrolled in the classroom or to a
representative sample of not less than 35% of the total kindergarten pupils
enrolled in each classroom. If a district elects to administer the Michigan
kindergarten entry observation tool to a random sample of pupils within each
classroom, the district’s intermediate district shall select the pupils who
will receive the assessment based on the same random method. Beginning in 2020,
the observation tool must be administered within 45 days after the start of the
school year.
(b) The intermediate district that receives
funding under this subsection, in collaboration with all other intermediate
districts, shall implement a “train the trainer” professional development model
on the usage of the Michigan kindergarten entry observation tool. This training
model must provide training to intermediate district staff so that they may provide
similar training for staff of their constituent districts. This training model
must also ensure that the tool produces reliable data and that there are a
sufficient number of trainers to train all kindergarten teachers statewide.
(c) By March 1, 2021, and each year
thereafter, the department and the intermediate district that receives funding under this subsection shall
report to the house and senate appropriations subcommittees on school
aid, the house and senate fiscal agencies, and the state budget director on the
results of the statewide implementation, including, but not limited to, an
evaluation of the demonstrated readiness of kindergarten pupils statewide and
the effectiveness of state and federal early childhood programs that are
designed for school readiness under this state’s authority, including the great
start readiness program and the great start readiness/Head Start blended
program, as referenced under section 32d. By September 1, 2021, and each year
thereafter, the department and the center shall provide a method for districts
and public school academies with kindergarten enrollment to look up and verify
their student enrollment data for pupils who were enrolled in a publicly funded
early childhood program in the year before kindergarten, including the
individual great start readiness program, individual great start readiness/Head
Start blended program, individual title I preschool program, individual section
31a preschool program, individual early childhood special education program, or
individual developmental kindergarten or program for young 5-year-olds in which
each tested child was enrolled. A participating district shall analyze the data
to determine whether high-performing children were enrolled in any specific
early childhood program and, if so, report that finding to the department and
to the intermediate district that receives funding under this subsection.
(d) The department shall approve the language
and literacy domain within the Kindergarten Readiness Assessment for use by districts
as an initial assessment that may be delivered to all kindergarten pupils to
assist with identifying any possible area of concern for a pupil in English
language arts.
(e) As used in this subsection:
(i) “Kindergarten” includes a classroom for young 5-year-olds, commonly
referred to as “young 5s” or “developmental kindergarten”.
(ii) “Representative sample” means a sample capable of producing valid and
reliable assessment information on all or major subgroups of kindergarten
pupils in a district.
(5) The department shall continue to make the
kindergarten entry assessment developed by the department and field tested in
2015-2016 available to districts in 2017-2018.
(5) (6) The
department may recommend, but may not require, districts to allow pupils to use
an external keyboard with tablet devices for online M-STEP testing, including,
but not limited to, open-ended test items such as constructed response or
equation builder items.
(6) (7) Notwithstanding
section 17b, the department shall make payments on
behalf of districts, intermediate districts, and other eligible entities under
this section shall be paid on a schedule
determined by the department.
(7) (8) From
the allocation in subsection (1), there is allocated an
amount not to exceed $3,200,000.00 for 2017-2018 and an amount not to
exceed $500,000.00 for 2018-2019 2019-2020 for the development
or selection operation of an online
reporting tool to provide student-level assessment data in a secure environment
to educators, parents, and pupils immediately after assessments are scored. The
department and the center shall ensure that any data collected by the online
reporting tool do not provide individually identifiable student data to the
federal government.
(8) (9) As
used in this section:
(a) “DED” means the United States Department of Education.
(b) “DED-OESE” means the DED Office of Elementary and Secondary
Education.
(c) “DED-OSERS” means the DED Office of Special Education and
Rehabilitative Services.
Sec. 104c. (1) In order to receive state aid under this
article, a district shall administer the state assessments described in this
section.
(2) For the purposes of this section, the department
shall develop and administer the Michigan student test of educational progress
(M-STEP) assessments in English language arts and mathematics. These
assessments shall be aligned to state standards.
(3) For the purposes of this section, the department
shall implement a summative assessment system that is proven to be valid and
reliable for administration to pupils as provided under this subsection. The
summative assessment system shall must meet all of the following requirements:
(a) The summative assessment system shall must measure
student proficiency on the current state standards, shall
must measure student growth for consecutive
grade levels in which students are assessed in the same subject area in both
grade levels, and shall must
be capable of measuring individual student performance.
(b) The summative assessments for English language arts
and mathematics shall must
be administered to all public school pupils in grades 3 to 11, including
those pupils as required by the federal individuals with disabilities education
act, Public Law 108-446, and by title I of the federal every student succeeds
act (ESSA), Public Law 114-95.
(c) The summative assessments for science shall must be
administered to all public school pupils in at least grades 5 and 8, including
those pupils as required by the federal individuals with disabilities education
act, Public Law 108-446, and by title I of
the federal every student succeeds act (ESSA), Public Law 114-95.
(d) The summative assessments for social studies shall must be
administered to all public school pupils in at least grades 5 and 8, including
those pupils as required by the federal individuals with disabilities education
act, Public Law 108-446, and by title I of
the federal every student succeeds act (ESSA), Public Law 114-95.
(e) The content of the summative assessments shall must be aligned to
state standards.
(f) The pool of questions for the summative assessments
shall must be
subject to a transparent review process for quality, bias, and sensitive issues
involving educator review and comment. The department shall post samples from
tests or retired tests featuring questions from this pool for review by the
public.
(g) The summative assessment system shall must ensure that
students, parents, and teachers are provided with reports that convey
individual student proficiency and growth on the assessment and that convey
individual student domain-level performance in each subject area, including
representative questions, and individual student performance in meeting state
standards.
(h) The summative assessment system shall must be capable of
providing, and the department shall ensure that students, parents, teachers,
administrators, and community members are provided with, reports that convey
aggregate student proficiency and growth data by teacher, grade, school, and
district.
(i) The summative assessment system shall must ensure the
capability of reporting the available data to support educator evaluations.
(j) The summative assessment system shall must ensure that
the reports provided to districts containing individual student data are
available within 60 days after completion of the assessments.
(k) The summative assessment system shall must ensure that
access to individually identifiable student data meets all of the following:
(i) Is in
compliance with 20 USC 1232g, commonly referred to as the family educational
rights and privacy act of 1974.
(ii) Except as may
be provided for in an agreement with a vendor to provide assessment services,
as necessary to support educator evaluations pursuant to subdivision (i), or
for research or program evaluation purposes, is available only to the student;
to the student’s parent or legal guardian; and to a school administrator or
teacher, to the extent that he or she has a legitimate educational interest.
(l)
The summative assessment system shall must ensure that the assessments are pilot tested before
statewide implementation.
(m) The summative assessment system shall
must ensure that assessments are designed
so that the maximum total combined length of time that schools are required to
set aside for a pupil to answer all test questions on all assessments that are
part of the system for the pupil’s grade level does not exceed that maximum
total combined length of time for the previous statewide assessment system or 9
hours, whichever is less. This subdivision does not limit the amount of time a
district may allow a pupil to complete a test.
(n) The total cost of executing the summative assessment
system statewide each year, including, but not limited to, the cost of
contracts for administration, scoring, and reporting, shall
must not exceed an amount equal to 2 times
the cost of executing the previous statewide assessment after adjustment for
inflation.
(o) Beginning with the 2017-2018 school year, the summative
assessment system shall must
not require more than 3 hours in duration, on average, for an individual
pupil to complete the combined administration of the math and English language
arts portions of the assessment for any 1 grade level.
(p) The summative assessments for English language arts and
mathematics for pupils in grades 8 to 10 must be aligned to the college
entrance test portion of the Michigan merit examination required under section 104b.
(4) The department shall offer benchmark assessments in the
fall and spring of each school year to measure English language arts and
mathematics in each of grades K to 2. Full implementation shall must occur not
later than the 2018-2019 2019-2020
school year. These assessments are necessary to determine a pupil’s
proficiency level before grade 3 and must meet the
requirements under section 104d(4).
(5) This section does not prohibit districts from adopting
interim assessments.
(6) As used in this section, “English language arts” means
that term as defined in section 104b.
Sec.
104d. (1) From the state school aid fund money appropriated in section 11,
there is allocated for 2018‑2019 2019-2020 an amount not to exceed $9,200,000.00 for
providing reimbursement to districts that purchase a
computer-adaptive test, or that purchase 1 or more diagnostic tools or universal screening tools for pupils in grades K to 3
that are intended to increase reading proficiency by grade 4, or that purchase benchmark assessments for pupils in grades K to 8. The department shall evaluate and approve assessments under this section that meet the requirements under
subsections (2) to (4).
(2) In
order for a district to receive reimbursement
under this section for the purchase of a
computer-adaptive test, the computer-adaptive test must provide for at least
all of the following:an assessment intended for
universal screening of pupils in grades K to 3, subject to subsection (9), the
assessment must meet all of the following:
(a) Internet-delivered, standards-based assessment using a
computer-adaptive model to target the instructional
level of each pupil.Meet the requirement for universal screening as described under section 1280f
of the revised school code, MCL 380.1280f.
(b) Unlimited testing opportunities throughout the 2018-2019
school year.Be reliable and valid.
(c) Valid and reliable diagnostic assessment data.Be useful. As used in this subdivision, “useful” means that an
assessment is easy to administer, requires a short amount of time to complete,
and yields results that inform instruction and intervention.
(d) Adjustment of testing difficulty based on previous answers
to test questions.Can be used for the universal
screening of characteristics of reading deficiencies as described under section
1280f of the revised school code, MCL 380.1280f.
(e) Immediate Provide immediate feedback
to pupils and teachers.
(3) In
order for a district to receive reimbursement
under this section for the purchase of 1 or more
diagnostic tools or screening tools for pupils in grades K to 3, each of the
tools must meet all of the following:an assessment
intended to be used as a diagnostic tool as described under section 1280f of
the revised school code, MCL 380.1280f, for pupils in grades K to 3, the
assessment must meet all of the following:
(a) Be
reliable.
(b) Be
valid.
(c) Be
useful. As used in this subdivision, “useful” means that a tool is easy to
administer. and requires
a short time to complete and that results are linked to intervention.
(d) Provide data to identify reading deficiencies that, if reading
deficiencies are identified, can be utilized to inform instruction and
intervention.
(4) In
order for a district to receive funding reimbursement under
this section for the purchase of benchmark
assessments for pupils in grades K to 8, the benchmark assessments must meet
all of the following:
(a) Be
aligned to the state standards of this state.
(b)
Complement this state’s summative assessment system.
(c) Be administered at least once a year before the
administration of any summative assessment to monitor pupil progress.Be internet-delivered and include a standards-based assessment
using a computer-adaptive model to target the instructional level of each
pupil.
(d)
Provide information on pupil achievement with regard to learning the content
required in a given year or grade span.
(e) Provide immediate feedback to pupils and teachers.
(f) Be nationally normed.
(g) Provide a measure of growth and provide for multiple testing
opportunities.
(5) Reimbursement The department
shall make reimbursement under this section shall
be made to eligible districts that purchase a
computer-adaptive test or 1 or more diagnostic tools, universal screening tools, or benchmark assessments
described in this section by October 15, 2018 and
shall be made 2019. The department shall make
reimbursement on an equal per-pupil basis according to the available
funding, based on the number of pupils for whom assessments were purchased.
(6) In
order to receive reimbursement under this section, a district shall demonstrate
to the satisfaction of the department that each qualifying computer-adaptive test, diagnostic tool, universal screening tool, or benchmark assessment was
purchased by the district by December 1, 2018 2019 and shall must report to the department which tests, tools, and
assessments the district purchased.
(7)
Not later than February 1, 2019, 2020, the department shall compile the data provided by
districts under subsection (6) and report to the house and senate
appropriations subcommittees on school aid and the house and senate fiscal
agencies the number of districts that purchased each test, tool, and
assessment.
(8) Districts A district seeking
reimbursement under this section for a benchmark assessment shall commit to
using the same benchmark assessment for no less than 3
years 1 year without switching to another
benchmark assessment.
(9) An assessment under subsection (2) may be a benchmark assessment if
the benchmark assessment meets all of the criteria under subsection (2)(a) to
(e).
Sec. 107. (1) From the appropriation in section 11, there
is allocated an amount not to exceed $30,000,000.00 for 2018-2019 2019-2020 for
adult education programs authorized under this section. Except as otherwise
provided under subsections (14) and (15), funds allocated under this section
are restricted for adult education programs as authorized under this section
only. A recipient of funds under this section shall not use those funds for any
other purpose.
(2) To be eligible for funding under this section, an
eligible adult education provider shall employ certificated
teachers and qualified administrative staff and shall offer continuing
education opportunities for teachers to allow them to maintain certification.
(3) To
be eligible to be a participant funded under this section, an individual shall must be enrolled
in an adult basic education program, an adult secondary education program, an
adult English as a second language program, a high school equivalency test
preparation program, or a high school completion program, that meets the
requirements of this section, and for which instruction is provided, and the
individual shall must be
at least 18 years of age and the individual’s graduating class shall must have
graduated.
(4) By April 1 of each fiscal year, the intermediate districts within a
prosperity region or subregion shall determine which intermediate district will
serve as the prosperity region’s or subregion’s fiscal agent for the next
fiscal year and shall notify the department in a form and manner determined by
the department. The department shall approve or disapprove of the prosperity
region’s or subregion’s selected fiscal agent. From the funds allocated under
subsection (1), an amount as determined under this subsection shall be is allocated to
each intermediate district serving as a fiscal agent for adult education
programs in each of the prosperity regions or subregions identified by the department.
An intermediate district shall not use more than 5% of the funds allocated
under this subsection for administration costs for serving as the fiscal agent.
Beginning in 2014-2015, 67% of the allocation provided
to each intermediate district serving as a fiscal agent shall be based on the
proportion of total funding formerly received by the adult education providers
in that prosperity region or subregion in 2013-2014, and 33% shall be allocated
based on the factors in subdivisions (a), (b), and (c). For 2018-2019, 33% of
the allocation provided to each intermediate district serving as a fiscal agent
shall be based upon the proportion of total funding formerly received by the
adult education providers in that prosperity region in 2013-2014 and 67% of the
allocation shall be based upon the factors in subdivisions (a), (b), and (c).
However, if the allocation to an intermediate district as calculated under the
preceding sentence is less than the amount received by the intermediate
district under this subsection for 2017-2018, the intermediate district shall
instead receive in 2018-2019 an amount equal to what the intermediate district
received in 2017-2018. Beginning in 2019-2020, the allocation provided
to each intermediate district serving as a fiscal agent shall be is an amount equal
to what the intermediate district received in 2018-2019. The funding factors
for this section are as follows:
(a) Sixty percent of this portion of the funding shall be is distributed
based upon the proportion of the state population of individuals between the
ages of 18 and 24 that are not high school graduates that resides in each of
the prosperity regions or subregions, as reported by the most recent 5-year
estimates from the American Community Survey (ACS) from the United States
Census Bureau.
(b) Thirty-five percent of this portion of the funding shall be is distributed
based upon the proportion of the state population of individuals age 25 or
older who are not high school graduates that resides in each of the prosperity
regions or subregions, as reported by the most recent 5-year estimates from the
American Community Survey (ACS) from the United States Census Bureau.
(c) Five percent of this portion of the funding shall be is distributed
based upon the proportion of the state population of individuals age 18 or
older who lack basic English language proficiency that resides in each of the
prosperity regions or subregions, as reported by the most recent 5-year
estimates from the American Community Survey (ACS) from the United States
Census Bureau.
(5) To be an eligible fiscal agent, an intermediate district must agree
to do the following in a form and manner determined by the department:
(a) Distribute funds to adult education programs in a prosperity region
or subregion as described in this section.
(b) Collaborate with the career and educational advisory council, which
is an advisory council of the workforce development boards located in the
prosperity region or subregion, or its successor, to develop a regional
strategy that aligns adult education programs and services into an efficient
and effective delivery system for adult education learners, with special
consideration for providing contextualized learning and career pathways and
addressing barriers to education and employment.
(c) Collaborate with the career and educational advisory council, which
is an advisory council of the workforce development boards located in the
prosperity region or subregion, or its successor, to create a local process and
criteria that will identify eligible adult education providers to receive funds
allocated under this section based on location, demand for services, past
performance, quality indicators as identified by the department, and cost to
provide instructional services. The fiscal agent shall determine all local
processes, criteria, and provider determinations. However, the local processes,
criteria, and provider services must be approved by the department before funds
may be distributed to the fiscal agent.
(d) Provide oversight to its adult education providers throughout the
program year to ensure compliance with the requirements of this section.
(e) Report adult education program and participant data and information
as prescribed by the department.
(6) An adult basic education program, an adult secondary education
program, or an adult English as a second language program operated on a
year-round or school year basis may be funded under this section, subject to
all of the following:
(a) The program enrolls adults who are determined by a
department-approved assessment, in a form and manner prescribed by the
department, to be below twelfth grade level in reading or mathematics, or both,
or to lack basic English proficiency.
(b) The program tests individuals for eligibility under subdivision (a)
before enrollment and upon completion of the program in compliance with the
state-approved assessment policy.
(c) A participant in an adult basic education program is eligible for
reimbursement until 1 of the following occurs:
(i) The participant’s reading and
mathematics proficiency are assessed at or above the ninth grade level.
(ii) The participant fails to show
progress on 2 successive assessments after having completed at least 450 hours
of instruction.
(d) A participant in an adult secondary education program is eligible
for reimbursement until 1 of the following occurs:
(i) The participant’s reading and
mathematics proficiency are assessed above the twelfth grade level.
(ii) The participant fails to show
progress on 2 successive assessments after having at least 450 hours of
instruction.
(e) A funding recipient enrolling a participant in an English as a
second language program is eligible for funding according to subsection (9)
until the participant meets 1 of the following:
(i) The participant is assessed as
having attained basic English proficiency as determined by a
department-approved assessment.
(ii) The participant fails to show progress on 2
successive department-approved assessments after having completed at least 450 hours
of instruction. The department shall provide information to a funding recipient
regarding appropriate assessment instruments for this program.
(7) A
high school equivalency test preparation program operated on a year-round or
school year basis may be funded under this section, subject to all of the
following:
(a)
The program enrolls adults who do not have a high school diploma or a high
school equivalency certificate.
(b)
The program shall administer administers a pre-test approved by the department before
enrolling an individual to determine the
individual’s literacy levels, shall administer administers a high school equivalency practice
test to determine the individual’s potential for success on the high school
equivalency test, and shall administer administers a post-test upon completion of the program
in compliance with the state-approved assessment policy.
(c) A
funding recipient shall receive receives funding according to subsection (9) for a
participant, and a participant may be enrolled in the program until 1 of the
following occurs:
(i) The participant achieves a high school
equivalency certificate.
(ii) The participant fails to show progress on 2
successive department-approved assessments used to determine readiness to take
a high school equivalency test after having completed at least 450 hours of
instruction.
(8) A
high school completion program operated on a year-round or school year basis
may be funded under this section, subject to all of the following:
(a)
The program enrolls adults who do not have a high school diploma.
(b)
The program tests participants described in subdivision (a) before enrollment
and upon completion of the program in compliance with the state-approved
assessment policy.
(c) A
funding recipient shall receive receives funding according to subsection (9) for a
participant in a course offered under this subsection until 1 of the following
occurs:
(i) The participant passes the course and earns a
high school diploma.
(ii) The participant fails to earn credit in 2
successive semesters or terms in which the participant is enrolled after having
completed at least 900 hours of instruction.
(9) A The department shall make
payments to a funding recipient shall receive
payments under this section in accordance with all of the following:
(a)
Statewide allocation criteria, including 3-year average enrollments, census
data, and local needs.
(b)
Participant completion of the adult basic education objectives by achieving an
educational gain as determined by the national reporting system levels; for
achieving basic English proficiency, as determined by the department; for
achieving a high school equivalency certificate or passage of 1 or more
individual high school equivalency tests; for attainment of a high school
diploma or passage of a course required for a participant to attain a high
school diploma; for enrollment in a postsecondary institution, or for entry
into or retention of employment, as applicable.
(c)
Participant completion of core indicators as identified in the innovation and
opportunity act.
(d)
Allowable expenditures.
(10) A
person who is not eligible to be a participant funded under this section may
receive adult education services upon the payment of tuition. In addition, a
person who is not eligible to be served in a program under this section due to
the program limitations specified in subsection (6), (7), or (8) may continue
to receive adult education services in that program upon the payment of
tuition. The tuition level shall be determined by the local
or intermediate district conducting the program shall
determine the tuition amount.
(11)
An individual who is an inmate in a state correctional facility shall not be is not counted
as a participant under this section.
(12) A
funding recipient shall not commingle money received under this section or from
another source for adult education purposes with any other funds and shall
establish a separate ledger account for funds received under this section. This
subsection does not prohibit a district from using general funds of the
district to support an adult education or community education program.
(13) A
funding recipient receiving funds under this section may establish a sliding
scale of tuition rates based upon a participant’s family income. A funding
recipient may charge a participant tuition to receive adult education services
under this section from that sliding scale of tuition rates on a uniform basis.
The amount of tuition charged per participant shall must not exceed the actual operating cost per
participant minus any funds received under this section per participant. A
funding recipient may not charge a participant tuition under this section if
the participant’s income is at or below 200% of the federal poverty guidelines
published by the United States Department of Health and Human Services.
(14) In order to receive funds under this section, a funding recipient
shall furnish to the department, in a form and manner determined by the
department, all information needed to administer this program and meet federal
reporting requirements; shall allow the department or the department’s designee
to review all records related to the program for which it receives funds; and
shall reimburse the state for all disallowances found in the review, as
determined by the department. In addition, a funding recipient shall agree to
pay to a career and technical education program under section 61a the amount of
funding received under this section in the proportion of career and technical
education coursework used to satisfy adult basic education programming, as
billed to the funding recipient by programs operating under section 61a. In
addition to the funding allocated under subsection (1), there is allocated for 2019-2020 an amount not to exceed $500,000.00 to
reimburse funding recipients for administrative and instructional expenses
associated with commingling programming under this section and section 61a. Payments made The department
shall make payments under this subsection to each funding recipient shall be in the same proportion as funding calculated
and allocated under subsection (4).
(15) From the amount appropriated in subsection (1), an amount not to
exceed $4,000,000.00 shall be is allocated for 2018-2019 2019-2020 for grants to adult education or career
technical center programs that connect adult education participants with
employers as provided under this subsection. The department
shall determine the amount of the grant to each program shall be up to under this
subsection, not to exceed $350,000.00. To be eligible for funding under
this subsection, a program must provide a collaboration linking adult education
programs within the county, the area career technical center, and local
employers. To receive funding under this subsection, an eligible program shall must satisfy all
of the following:
(a) Shall connect Connect
adult education participants directly with employers by linking adult
education, career and technical skills, and workforce development.
(b) Shall require Require
adult education staff to work with Michigan Works! agency to identify a
cohort of participants who are most prepared to successfully enter the
workforce. Participants identified under this subsection shall must be dually
enrolled in adult education programming and in at
least 1 technical course at the area career and technical center.
(c) Shall have Employ
an individual staffed as an adult education navigator who will serve as
a caseworker for each participant identified under subdivision (b). The
navigator shall work with adult education staff and potential employers to
design an educational program best suited to the personal and employment needs
of the participant and shall work with human service agencies or other entities
to address any barrier in the way of participant access.
(16) A program that was a pilot program in
2017-2018 and that was funded under this section in 2017-2018 shall be is funded in 2018-2019 2019-2020 unless
the program ceases operation. The intermediate district in which that pilot
program was funded shall be is the fiscal agent for that program and shall apply for
that program’s funding under subsection (15).
(17) Each program funded under subsection (15) will receive funding for
3 years. After 3 years of operations and funding, a program must reapply for
funding.
(18) Not later than December 1, 2019, 2020, a program funded under subsection (15) shall
provide a report to the senate and house appropriations subcommittees on school
aid, to the senate and house fiscal agencies, and to the state budget director
identifying the number of participants, graduation rates, and a measure of
transition to employment.
(19) The department shall approve at least 3 high school equivalency
tests and determine whether a high school equivalency certificate meets the
requisite standards for high school equivalency in this state.
(20) As used in this section:
(a) “Career and educational advisory council” means
an advisory council to the local workforce development
boards located in a prosperity region consisting of educational, employer,
labor, and parent representatives.
(b) “Career pathway” means a combination of rigorous and high-quality
education, training, and other services that comply with all of the following:
(i) Aligns with the skill needs of
industries in the economy of this state or in the regional economy involved.
(ii) Prepares an individual to be
successful in any of a full range of secondary or postsecondary education
options, including apprenticeships registered under the act of August 16, 1937
(commonly known as the “national apprenticeship act”), 29 USC 50 et seq.
(iii) Includes counseling to
support an individual in achieving the individual’s education and career goals.
(iv) Includes, as appropriate,
education offered concurrently with and in the same context as workforce
preparation activities and training for a specific occupation or occupational
cluster.
(v) Organizes education, training,
and other services to meet the particular needs of an individual in a manner
that accelerates the educational and career advancement of the individual to
the extent practicable.
(vi) Enables an individual to
attain a secondary school diploma or its recognized equivalent, and at least 1 recognized
postsecondary credential.
(vii) Helps an individual enter or
advance within a specific occupation or occupational cluster.
(c) “Department”
means the department of talent and economic
development.labor and economic opportunity.
(d) “Eligible
adult education provider” means a district, intermediate district, a consortium
of districts, a consortium of intermediate districts, or a consortium of
districts and intermediate districts that is identified as part of the local
process described in subsection (5)(c) and approved by the department.
Sec.
147. (1) The allocation for 2018-2019 2019-2020 for the public school employees’ retirement
system pursuant to the public school employees retirement act of 1979, 1980 PA
300, MCL 38.1301 to 38.1437, shall be is made using the individual projected benefit entry age
normal cost method of valuation and risk assumptions adopted by the public
school employees retirement board and the department of technology, management,
and budget.
(2)
The annual level percentage of payroll contribution rates for the 2018-2019 2019-2020 fiscal
year, as determined by the retirement system, are estimated as follows:
(a)
For public school employees who first worked for a public school reporting unit
before July 1, 2010 and who are enrolled in the health premium subsidy, the
annual level percentage of payroll contribution rate is estimated at 38.39%, 39.91%, with 26.18% 27.50% paid
directly by the employer.
(b)
For public school employees who first worked for a public school reporting unit
on or after July 1, 2010 and who are enrolled in the health premium subsidy,
the annual level percentage of payroll contribution rate is estimated at 36.60%, 36.96%, with 24.39% 24.55% paid
directly by the employer.
(c)
For public school employees who first worked for a public school reporting unit
on or after July 1, 2010 and who participate in the personal healthcare fund,
the annual level percentage of payroll contribution rate is estimated at 36.24%, 36.44%, with
24.03% paid directly by the employer.
(d)
For public school employees who first worked for a public school reporting unit
on or after September 4, 2012, who elect defined contribution, and who
participate in the personal healthcare fund, the annual level percentage of
payroll contribution rate is estimated at 33.17%, 33.37% with 20.96% paid directly by the employer.
(e)
For public school employees who first worked for a public school reporting unit
before July 1, 2010, who elect defined contribution, and who are enrolled in
the health premium subsidy, the annual level percentage of payroll contribution
rate is estimated at 33.53%, 33.89% with 21.32% 21.48% paid directly by the employer.
(f)
For public school employees who first worked for a public school reporting unit
before July 1, 2010, who elect defined contribution, and who participate in the
personal healthcare fund, the annual level percentage of payroll contribution
rate is estimated at 33.17%, 33.37%, with 20.96% paid directly by the employer.
(g)
For public school employees who first worked for a public school reporting unit
before July 1, 2010 and who participate in the personal healthcare fund, the
annual level percentage of payroll contribution rate is estimated at 38.03%, 39.39%, with 25.82% 26.98% paid
directly by the employer.
(h)
For public school employees who first worked for a public school reporting unit
after January 31, 2018 and who elect to become members of the MPSERS plan, the
annual level percentage of payroll contribution rate is estimated at 39.37%, 39.57% with
27.16% paid directly by the employer.
(3) In
addition to the employer payments described in subsection (2), the employer
shall pay the applicable contributions to the Tier 2 plan, as determined by the
public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to
38.1437.
(4)
The contribution rates in subsection (2) reflect an amortization period of 20 19 years for 2018-2019. 2019-2020. The
public school employees’ retirement system board shall notify each district and
intermediate district by February 28 of each fiscal year of the estimated
contribution rate for the next fiscal year.
Sec.
147a. (1) From the appropriation in section 11, there is allocated for 2018-2019 2019-2020 an
amount not to exceed $100,000,000.00 for payments to participating districts. A
participating district that receives money under this subsection shall use that
money solely for the purpose of offsetting a portion of the retirement
contributions owed by the district for the fiscal year in which it is received.
The amount allocated to each participating district under this subsection shall be is based on
each participating district’s percentage of the total statewide payroll for all
participating districts for the immediately preceding fiscal year. As used in
this subsection, “participating district” means a district that is a reporting
unit of the Michigan public school
employees’ retirement system under the public school employees retirement act
of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that reports
employees to the Michigan public school employees’ retirement system for the
applicable fiscal year.
(2) In
addition to the allocation under subsection (1), from the state school aid fund
money appropriated under section 11, there is allocated an amount not to exceed
$88,091,000.00 for 2018-2019 $171,986,000.00 for 2019-2020 for payments to
participating districts and intermediate districts and from the general fund
money appropriated under section 11, there is allocated an amount not to exceed
$48,000.00 for 2018-2019 $83,000.00
for 2019-2020 for payments to participating district libraries. The
amount allocated to each participating entity under this subsection shall be is based on
each participating entity’s percentage of the total statewide payroll for that
type of participating entity for the immediately preceding fiscal year. A
participating entity that receives money under this subsection shall use that
money solely for the purpose of offsetting a portion of the normal cost
contribution rate. As used in this subsection:
(a) “District
library” means a district library established under the district library
establishment act, 1989 PA 24, MCL 397.171 to 397.196.
(b) “Participating
entity” means a district, intermediate district, or district library that is a
reporting unit of the Michigan public school employees’ retirement system under
the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to
38.1437, and that reports employees to the Michigan public school employees’
retirement system for the applicable fiscal year.
Sec.
147c. From the appropriation in section 11, there is allocated for 2018-2019 2019-2020 an
amount not to exceed $1,032,000,000.00 $1,030,400,000.00 from the state school aid fund for
payments to districts and intermediate
districts that are participating entities of the Michigan public school
employees’ retirement system. In addition, from the general fund money
appropriated in section 11, there is allocated for 2018-2019
2019-2020 an amount not to exceed $700,000.00 $500,000.00 for
payments to district libraries that are participating entities of the Michigan
public school employees’ retirement system. All of the following apply to
funding under this subsection:
(a)
For 2018-2019, 2019-2020,
the amounts allocated under this subsection are estimated to provide an
average MPSERS rate cap per pupil amount of $690.00 $693.00 and are estimated to provide a rate cap per
pupil for districts ranging between $4.00 and $3,000.00.$4,000.00.
(b)
Payments made under this subsection shall be are equal to the difference between the unfunded actuarial accrued liability contribution rate as
calculated pursuant to section 41 of the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1341, as calculated without taking
into account the maximum employer rate of 20.96% included in section 41 of the
public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, and
the maximum employer rate of 20.96% included in section 41 of the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1341.
(c)
The amount allocated to each participating entity under this subsection shall be is based on
each participating entity’s proportion of the total covered payroll for the
immediately preceding fiscal year for the same type of participating entities.
A participating entity that receives funds under this subsection shall use the
funds solely for the purpose of retirement contributions as specified in
subdivision (d).
(d)
Each participating entity receiving funds under this subsection shall forward
an amount equal to the amount allocated under subdivision (c) to the retirement
system in a form, manner, and time frame determined by the retirement system.
(e)
Funds allocated under this subsection should be considered when comparing a
district’s growth in total state aid funding from 1 fiscal year to the next.
(f)
Not later than December 20, 2018, 2019, the department shall publish and post on its
website an estimated MPSERS rate cap per pupil for each district.
(g) It is the intent of the legislature that any The office of retirement service shall first apply funds
allocated under this subsection are first applied to
pension contributions , and, if any funds remain after that payment, shall apply those remaining funds shall be applied to other postemployment benefit
contributions.
(h) As
used in this subsection:section:
(i) “District library” means a district library
established under the district library establishment act, 1989 PA 24, MCL
397.171 to 397.196.
(ii) “MPSERS rate cap per pupil” means an amount
equal to the quotient of the district’s payment under this subsection divided
by the district’s pupils in membership.
(iii) “Participating entity” means a district,
intermediate district, or district library that is a reporting unit of the
Michigan public school employees’ retirement system under the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that
reports employees to the Michigan public school employees’ retirement system
for the applicable fiscal year.
(iv) “Retirement board” means the board that
administers the retirement system under the public school employees retirement
act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(v) “Retirement system” means the Michigan public
school employees’ retirement system under the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
Sec.
147e. (1) From the appropriation in section 11, there is allocated for
2018-2019 an amount not to exceed $31,900,000.00 $30,000,000.00 from the MPSERS retirement obligation
reform reserve fund, and there is allocated for 2019-2020
an amount not to exceed $1,900,000.00 from the MPSERS retirement obligation
reform reserve fund and $5,700,000.00 $40,671,000.00 from the state school aid fund for
payments to participating entities.
(2) The payment to each participating entity under this section shall be is the sum of
the amounts under this subsection as follows:
(a) An amount equal to the contributions made by a participating entity
for the additional contribution made to a qualified participant’s Tier 2
account in an amount equal to the contribution made by the qualified
participant not to exceed 3% of the qualified participant’s compensation as
provided for under section 131(6) of the public school employees retirement act
of 1979, 1980 PA 300, MCL 38.1431.
(b) Beginning October 1, 2017, an amount equal to the contributions made
by a participating entity for a qualified
participant who is only a Tier 2 qualified participant under section 81d of the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1381d, not to exceed 4%, and, beginning February 1, 2018, not to exceed
1%, of the qualified participant’s compensation.
(c) An amount equal to the increase in employer normal cost
contributions under section 41b(2) of the public school employees retirement
act of 1979, 1980 PA 300, MCL 38.1341b, for a member that was hired after
February 1, 2018 and chose to participate in Tier 1, compared to the employer
normal cost contribution for a member under section 41b(1) of the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1341b.
(3) As used in this section:
(a) “Member” means that term as defined under the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(b) “Participating entity” means a district, intermediate district, or
community college that is a reporting unit
of the Michigan public school employees’ retirement system under the public
school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to
38.1437, and that reports employees to the Michigan public school employees’
retirement system for the applicable fiscal year.
(c) “Qualified participant” means that term as defined under section 124
of the public school employees retirement act of 1979, 1980 PA 300, MCL
38.1424.
Sec. 152a. (1) As required by the court in the consolidated cases known
as Adair v State of Michigan, 486 Mich 468 (2010), from the state
school aid fund money appropriated in section 11, there is allocated for 2018-2019 2019-2020 an
amount not to exceed $38,000,500.00 to be used solely for the purpose of paying
necessary costs related to the state-mandated collection, maintenance, and
reporting of data to this state.
(2) From the allocation in subsection (1), the department shall make
payments to districts and intermediate districts in an equal amount per-pupil
based on the total number of pupils in membership in each district and
intermediate district. The department shall not make any adjustment to these
payments after the final installment payment under section 17b is made.
Sec. 152b. (1) From the general fund money appropriated under section
11, there is allocated an amount not to exceed
$2,500,000.00 for 2017-2018 and an amount not to exceed $250,000.00 each fiscal year for 2018-2019 and
for 2019-2020 to reimburse actual costs incurred by nonpublic schools in
complying with a health, safety, or welfare requirement mandated by a law or
administrative rule of this state.
(2) By January 1 of each applicable fiscal year, the department shall
publish a form for reporting actual costs incurred by a nonpublic school in
complying with a health, safety, or welfare requirement mandated under state
law containing each health, safety, or welfare requirement mandated by a law or
administrative rule of this state applicable to a nonpublic school and with a
reference to each relevant provision of law or administrative rule for the
requirement. The department shall post the form shall be posted on the department’s website in
electronic form.
(3) By June 30 of each applicable fiscal year, a nonpublic school
seeking reimbursement for actual costs incurred in complying with a health,
safety, or welfare requirement under a law or administrative rule of this state
during each applicable school year shall submit a completed form described in
subsection (2) to the department. This section does not require a nonpublic
school to submit a form described in subsection (2). A nonpublic school is not
eligible for reimbursement under this section if the nonpublic school does not
submit the form described in subsection (2) in a timely manner.
(4) By August 15 of each applicable fiscal year, the department shall
distribute funds to each nonpublic school that submits a completed form
described under subsection (2) in a timely manner. The superintendent shall
determine the amount of funds to be paid to each nonpublic school in an amount
that does not exceed the nonpublic school’s actual costs in complying with a
health, safety, or welfare requirement under a law or administrative rule of
this state. The superintendent shall calculate a nonpublic school’s actual cost
in accordance with this section.
(5) If the funds allocated under this section are insufficient to fully
fund payments as otherwise calculated under this section, the department shall
distribute funds under this section on a prorated or other equitable basis as
determined by the superintendent.
(6) The department may review the records of a
nonpublic school submitting a form described in subsection (2) only
for the limited purpose of verifying the nonpublic school’s compliance with
this section. If a nonpublic school does not allow the department to review
records under this subsection, the nonpublic school is not eligible for
reimbursement under this section.
(7) The funds appropriated under this section are for purposes related
to education, are considered to be incidental to the operation of a nonpublic
school, are noninstructional in character, and are intended for the public
purpose of ensuring the health, safety, and welfare of the children in
nonpublic schools and to reimburse nonpublic schools for costs described in
this section.
(8) Funds allocated under this section are not intended to aid or
maintain any nonpublic school, support the attendance of any student at a
nonpublic school, employ any person at a nonpublic school, support the
attendance of any student at any location where instruction is offered to a
nonpublic school student, or support the employment of any person at any
location where instruction is offered to a nonpublic school student.
(9) For purposes of this section, “actual cost” means the hourly wage
for the employee or employees performing a task or tasks required to comply
with a health, safety, or welfare requirement under a law or administrative
rule of this state identified by the department under subsection (2) and is to
be calculated in accordance with the form published by the department under
subsection (2), which shall include a detailed itemization of costs. The
nonpublic school shall not charge more than the hourly wage of its lowest-paid
employee capable of performing a specific task regardless of whether that
individual is available and regardless of who actually performs a specific
task. Labor costs under this subsection shall must be estimated and charged in increments of 15
minutes or more, with all partial time increments rounded down. When
calculating costs under subsection (4), fee components shall must be itemized
in a manner that expresses both the hourly wage and the number of hours
charged. The nonpublic school may not charge any applicable labor charge amount
to cover or partially cover the cost of health or fringe benefits. A nonpublic
school shall not charge any overtime wages in the calculation of labor costs.
(10) For the purposes of this section, the actual cost incurred by a
nonpublic school for taking daily student attendance shall
be is considered an actual cost in
complying with a health, safety, or welfare requirement under a law or
administrative rule of this state. Training fees, inspection fees, and criminal
background check fees are considered actual costs in complying with a health,
safety, or welfare requirement under a law or administrative rule of this
state.
(11) The funds allocated under this section for 2017-2018 are a work
project appropriation, and any unexpended funds for 2017-2018 are carried
forward into 2018-2019. The purpose of the work project is to continue to
reimburse nonpublic schools for actual costs incurred in complying with a
health, safety, or welfare requirement mandated by a law or administrative rule
of this state. The estimated completion date of the work project is September
30, 2020.2021.
(12) The funds allocated under this section for 2018-2019 are a work
project appropriation, and any unexpended funds for 2018-2019 are carried
forward into 2019-2020. The purpose of the work project is to continue to
reimburse nonpublic schools for actual costs incurred in complying with a
health, safety, or welfare requirement mandated by a law or administrative rule
of this state. The estimated completion date of the work project is September
30, 2020.2021.
(13) The funds allocated under this section
for 2019-2020 are a work project appropriation, and any unexpended funds for
2019-2020 are carried forward into 2020-2021. The purpose of the work project
is to continue to reimburse nonpublic schools for actual costs incurred in
complying with a health, safety, or welfare requirement mandated by a law or
administrative rule of this state. The estimated completion date of the work
project is September 30, 2021.
Sec. 160. If a district or intermediate district requests the
superintendent to grant a waiver for the district or intermediate district from
the requirements of section 1284b of the revised school code, MCL 380.1284b,
that district or intermediate district shall use a portion of its funding under
this article to conduct a joint public hearing with the department to be held before the waiver is
granted at a location within the district or intermediate district. The department may participate in a hearing held under this
section at its discretion.
Sec. 166. (1) The governing board of a
district or intermediate district shall adopt and implement a disciplinary
policy as described in subsection (2) to provide
penalties for violations of section 1507 of the revised school code, MCL
380.1507, and penalties for a school official, member of a governing
board, or employee of the district or intermediate
district, or other person who refers a pupil
for an abortion or assists a pupil in obtaining an abortion and who is not the parent or legal guardian of that pupil.
A district or intermediate district that fails to
adopt a policy required under this section within 3 years after the effective
date of the 2016 amendments to this section shall forfeit from its total state
school aid an amount equal to $100,000.00.
(2) A disciplinary policy required under
subsection (1) shall provide for a financial penalty to be applied against an
individual employed by the district or intermediate district who violates the
policy under subsection (1) that is equivalent to not less than 3% of that
individual’s annual compensation.
(3) A district or intermediate district that
applies a financial penalty against or collects a fine from an individual as
provided under subsection (2) shall refund to the state school aid fund an
amount of money equal to the amount of the penalty or fine.
Sec. 166a. (1) In order to avoid forfeiture of state aid
under subsection (2), the board of a district or intermediate
district providing reproductive health or other sex education instruction under
section 1169, 1506, or 1507 of the revised school code, MCL 380.1169, 380.1506,
and 380.1507, or under any other provision of law, shall ensure that all of the
following are met:
(a)
That the district or intermediate district does not provide any of the
instruction to a pupil who is less than 18 years of age unless the district or
intermediate district notifies the pupil’s parent or legal guardian in advance
of the instruction and the content of the instruction, gives the pupil’s parent
or legal guardian a prior opportunity to review the materials to be used in the
instruction, allows the pupil’s parent or legal guardian to observe the
instruction, and notifies the pupil’s parent or legal guardian in advance of
his or her rights to observe the instruction and to have the pupil excused from
the instruction.
(b)
That, upon the written request of a pupil’s parent or legal guardian or of a
pupil if the pupil is at least age 18, the pupil shall
be is excused, without penalty or loss of
academic credit, from attending class sessions in which the instruction is
provided.
(c)
That the sex education instruction includes age-appropriate information clearly
informing pupils at 1 or more age-appropriate grade levels that having sex
or sexual contact with an individual under the age of 16 is a crime
punishable by imprisonment, and that 1 of the other results of being convicted
of this crime is to be listed on the sex offender registry on the internet for
up to 25 years.
(d) That the district or intermediate district has adopted and
implemented a disciplinary policy as required under section 166.
(2) If
a parent or legal guardian of a pupil enrolled in a district or intermediate
district believes that the district or intermediate district has violated this
section, section 166, or section 1169, 1506, or
1507 of the revised school code, MCL 380.1169, 380.1506, and 380.1507, he or
she may file a complaint with the superintendent or chief administrator of the
district or intermediate district in which the pupil is enrolled. Upon receipt
of the complaint, the superintendent or chief administrator of the district or
intermediate district shall investigate the complaint and, within 30 days after
the date of the complaint, provide a written report of his or her findings to
the parent or legal guardian who filed the complaint and to the superintendent
of public instruction. If the investigation reveals that 1 or more violations
have occurred, the written report shall must contain a description of each violation and of
corrective action the district or intermediate district will take to correct
the situation to ensure that there is no further violation. The district or intermediate
district shall take the corrective action described in the written report
within 30 days after the date of the written report.
(3) If
a parent who has filed a complaint with a district under subsection (2)
believes that the district is still not in compliance with law based on the
findings made by the superintendent or chief administrator of the district, the
parent may appeal the findings to the intermediate district in which the
district is located. If there is an appeal to an intermediate district under
this subsection, the intermediate superintendent of the intermediate district
shall investigate the complaint and, within 30 days after the date of the
appeal, provide a written report of his or her findings to the parent or legal
guardian who filed the appeal and to the superintendent of public instruction.
If the investigation by the intermediate superintendent reveals that 1 or more
violations have occurred, the intermediate superintendent in consultation with
the local district shall develop a plan for corrective action for the district
to take to correct the situation to ensure that there is no further violation,
and shall include this plan for corrective action with the written report
provided to the parent or legal guardian and the superintendent of public
instruction. The district shall take the corrective action described in the
plan within 30 days after the date of the written report.
(4) If
a parent who has filed a complaint with an intermediate district under
subsection (2) or a parent who has filed an appeal with an intermediate
district under subsection (3) believes that the district or intermediate
district is still not in compliance with law based on the findings made by the
intermediate superintendent of the intermediate district, the parent may appeal
the findings to the department. If there is an appeal to the department under
this subsection, the department shall investigate the complaint and, within 90
days after the date of the appeal, provide a written report of its findings to
the parent or legal guardian who filed the appeal, to the superintendent of
public instruction, and to the district and intermediate district. If the
department finds 1 or more violations as a result of its investigation, then
all of the following apply:
(a)
The department shall develop a plan for corrective action for the district or
intermediate district to take to correct the situation to ensure that there is
no further violation, and shall include this plan for corrective action with
the written report provided to the parent or legal guardian, the superintendent
of public instruction, and the district or intermediate district. The district
or intermediate district shall take the corrective action described in the plan
within 30 days after the date of the written report.
(b) In
addition to withholding the percentage of state school aid forfeited by the
district or intermediate district under subsection (5), the department may
assess a fee to the district or intermediate district that committed the violation
in an amount not to exceed the actual cost to the department of conducting the
investigation and making the reports required under this subsection.
(5) If
an investigation conducted by the department under subsection (4) reveals that
a district or intermediate district has committed 1 or more violations of this
section, section 166, or section 1169, 1506, or
1507 of the revised school code, MCL 380.1169, 380.1506, and 380.1507, the
district or intermediate district shall forfeit forfeits an amount equal to 1% of its total state school
aid allocation under this act.
(6) The department, with the approval of the
superintendent of public instruction, shall establish a reasonable
process for a complainant to appeal to the department under subsection (4). The
department shall ensure that the process shall does not place an
undue burden on the complainant, the district or intermediate district, or the
department.
(7) The department shall track the number of
complaints and appeals it receives under this section for the 2004-2005 school
year and, not later than the end of that school year, shall submit a report to
the standing committees and appropriations subcommittees of the legislature
having jurisdiction over education legislation and state school aid that details
the number and nature of those complaints and appeals and the cost to the
department of handling them.
Enacting section 1. In accordance with section 30 of article IX of the
state constitution of 1963, total state spending on school aid under article I
of the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, as
amended by 2018 PA 265, 2018 PA 586, and this amendatory act, from state
sources for fiscal year 2018-2019 is estimated at $13,065,260,300.00 and state
appropriations for school aid to be paid to local units of government for
fiscal year 2018-2019 are estimated at $12,833,016,000.00. In accordance with
section 30 of article IX of the state constitution of 1963, total state
spending on school aid under article I of the state school aid act of 1979,
1979 PA 94, MCL 388.1601 to 388.1772, as amended by this amendatory act, from
state sources for fiscal year 2019-2020 is estimated at $13,485,765,100.00 and
state appropriations for school aid to be paid to local units of government for
fiscal year 2019-2020 are estimated at $13,244,215,300.00.
Enacting section 2. Sections 20m, 22n, 24c, 25h, 32q, 61g, 61h, 64b,
99y, 104f, and 153 of the state school aid act of 1979, 1979 PA 94, MCL
388.1620m, 388.1622n, 388.1624c, 388.1625h, 388.1632q, 388.1661g, 388.1661h,
388.1664b, 388.1699y, 388.1704f, and 388.1753, are repealed effective October
1, 2019.
Enacting section 3. (1) Except as otherwise provided in subsection (2),
this amendatory act takes effect October 1, 2019.
(2) Sections 11, 11m, 15, 22a, 22b, 26a, 26b, 26c, 51a, 51c, 56, 62,
74a, 95a, 147e, and 152b of the state school
aid act of 1979, MCL 388.1611, 388.1611m, 388.1615, 388.1622a, 388.1622b,
388.1626a, 388.1626b, 388.1626c, 388.1651a, 388.1651c, 388.1656,
388.1662, 388.1674a, 388.1695a, 388.1747e, and 388.1752b, as amended by this
amendatory act, take effect upon enactment of this amendatory act.
Third: That the House and Senate agree to the title of the bill to read
as follows:
A bill to amend 1979 PA 94, entitled “An act to make appropriations to
aid in the support of the public schools, the intermediate school districts,
community colleges, and public universities of the state; to make
appropriations for certain other purposes relating to education; to provide for
the disbursement of the appropriations; to authorize the issuance of certain
bonds and provide for the security of those bonds; to prescribe the powers and
duties of certain state departments, the state board of education, and certain
other boards and officials; to create certain funds and provide for their
expenditure; to prescribe penalties; and to repeal acts and parts of acts” by
amending sections 4, 6, 8b, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f,
21h, 22a, 22b, 22d, 22m, 22p, 24, 24a, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31b,
31d, 31f, 31j, 31n, 32d, 32p, 35a, 35b, 39, 39a, 41, 51a, 51c, 51d, 53a, 54,
54b, 54d, 55, 56, 61a, 61b, 61c, 61d, 61f, 62, 64d, 65, 67, 74, 74a, 81, 94,
94a, 95a, 95b, 98, 99h, 99s, 99t, 99u, 99v, 99w, 99x, 101, 102d, 104, 104c,
104d, 107, 147, 147a, 147c, 147e, 152a, 152b, 160, 166, and 166a (MCL 388.1604,
388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m,
388.1611s, 388.1615, 388.1618, 388.1620, 388.1620d, 388.1620f, 388.1621h,
388.1622a, 388.1622b, 388.1622d, 388.1622m, 388.1622p, 388.1624, 388.1624a,
388.1625e, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a,
388.1631b, 388.1631d, 388.1631f, 388.1631j, 388.1631n, 388.1632d, 388.1632p,
388.1635a, 388.1635b, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c,
388.1651d, 388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1655, 388.1656,
388.1661a, 388.1661b, 388.1661c, 388.1661d, 388.1661f, 388.1662, 388.1664d,
388.1665, 388.1667, 388.1674, 388.1674a, 388.1681, 388.1694, 388.1694a,
388.1695a, 388.1695b, 388.1698, 388.1699h, 388.1699s, 388.1699t, 388.1699u,
388.1699v, 388.1699w, 388.1699x, 388.1701, 388.1702d, 388.1704, 388.1704c,
388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1747e, 388.1752a,
388.1752b, 388.1760, 388.1766, and 388.1766a), sections 4 and 8b as amended and
section 160 as added by 2017 PA 108, sections 6, 11, 18, 31a, 31j, 32d, 35a,
35b, 39a, 99h, and 99u as amended and sections 31n, 61f, 74a, 99w, and 99x as
added by 2018 PA 586, sections 11a, 11j, 11k, 11m, 11s, 15, 20, 20d, 20f, 21h,
22a, 22b, 22d, 22m, 24, 24a, 25e, 25f, 25g, 26a, 26b, 26c, 31b, 31d, 31f, 32p,
39, 41, 51a, 51c, 51d, 53a, 54, 54b, 55, 56, 61a, 61b, 61c, 62, 64d, 65, 67,
74, 81, 94, 94a, 95b, 98, 99s, 99t, 102d, 104, 104c, 104d, 107, 147, 147a,
147c, 147e, 152a, and 152b as amended and sections 22p, 54d, 61d, and 99v as
added by 2018 PA 265, section 95a as amended by 2015 PA 85, section 101 as
amended by 2019 PA 11, section 166 as amended by 2016 PA 249, and section 166a
as amended by 2004 PA 166, and by adding sections 28, 35c, 35d, 51f, 54e, 67a,
67b, 97, 97a, 99z, and 99bb; and to repeal acts and parts of acts.
Aaron
Miller
Pamela
Hornberger
Kristy
Pagan
Conferees
for the House
Wayne
Schmidt
Jim
Stamas
Conferees
for the Senate
The
question being on the adoption of the conference report,
Roll Call No. 219 Yeas—91
Afendoulis Frederick Jones Robinson
Albert Garrett Kahle Sabo
Alexander Gay-Dagnogo Koleszar Schroeder
Allor Glenn LaFave Shannon
Bellino Green LaGrand Sheppard
Berman Greig Leutheuser Slagh
Bollin Griffin Liberati Sneller
Brann Guerra Lightner Sowerby
Byrd Haadsma Lilly Stone
Calley Hall Lower Tate
Cambensy Hammoud Maddock VanSingel
Camilleri Hauck Marino VanWoerkom
Carter,
T. Hernandez Markkanen Vaupel
Chatfield Hoadley Meerman Wakeman
Chirkun Hoitenga Miller Webber
Clemente Hood Mueller Wendzel
Cole Hornberger O’Malley Wentworth
Coleman Howell Paquette Whiteford
Crawford Huizenga Peterson Whitsett
Eisen Iden Pohutsky Witwer
Ellison Inman Rabhi Wozniak
Farrington Johnson, C. Reilly Yaroch
Filler Johnson, S. Rendon
Nays—18
Bolden Hertel Love Warren
Brixie Hope Manoogian Wittenberg
Cherry Kennedy Neeley Yancey
Elder Kuppa
Anthony Garza Lasinski Pagan
In The Chair: Wentworth
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Garza, having reserved the
right to explain his nay vote, made the following statement:
“Mr. Speaker and members of the
House:
I was clear about what I would be
looking for in a 2019-2020 budget from the beginning of the budget process. At
the top of that list is a solid commitment to our schools and ensuring our
students have access to the quality education they deserve. We were capable of,
and had the time to do, more. And the fact that we didn’t means we’re failing
our kids.
While I am happy to say my
district school districts will see between a $120 - $224 per pupil foundation
allowance increase, this does not go far enough. This budget isn’t even close
to the Governor’s recommended educational increase. We’re still not making the
full funding investment we need for our per-pupil dollars. There is no build-in
accountability for charter operators looking to make a profit off our children’s
education. Cyber schools are still funded with the same formula as traditional
brick and mortar schools, despite having almost none of the costs. I had no
choice but to vote NO on the school aid budget.”
Rep. Hope, having reserved the
right to explain her nay vote, made the following statement:
“Mr. Speaker and members of the
House:
While this budget does include a
small per-pupil increase, on the whole, it is not enough. Our schools remain
significantly underfunded, and our spending on special education is
particularly inadequate. At a time when Michigan’s public education system is
struggling, this budget just isn’t good enough for all students to succeed. I
especially object to cyber charters receiving the same per-pupil allowance as
traditional ‘brick and mortar’ schools. Michigan’s children deserve better.”
Rep. Manoogian, having reserved
the right to explain her nay vote, made the following statement:
“Mr. Speaker and members of the
House:
This morning, the Michigan House
voted on the School Aid budget. I voted nay. While I recognize how important it
is to ensure our schools are able to operate without an interruption in funding,
the research clearly shows that Michigan is not giving our students what they
need to succeed, and this ‘increase’ is a drop in the bucket compared to what
is needed to correct that.
We’re still not making the full
funding investment we need for our per-pupil dollars. Cyber schools are still
funded with the same formula as traditional brick and mortar schools, despite
having almost none of the costs. The much-needed funding for literacy coaches,
who play a critical role in closing the literacy gap and ensuring our students
are set up for a lifetime of success, is still lacking.
The residents of our district
elected me to stand up for our kids and our future. I could not in good
conscience vote for a budget that continues to tell our schools, teachers and
students they aren’t worth the funding investment they need. This budget passed
and is now headed to the Senate to be concurred.”
Rep. Hertel, having reserved the
right to explain his nay vote, made the following statement:
“Mr. Speaker and members of the
House:
Michigan has had multiple studies
suggest that that minimum adequate per-pupil spending hovers around $9500.
Despite this, the Michigan legislature continues to fund our schools at a
sub-standard level. This leaves our students without adequate access to proper
classroom sizes, updated materials, or non-curricular staff who can make or
break their educational success. Despite the good done in this
bill—particularly in special education grants—I cannot vote for a piece of
legislation when all evidence says it is not enough to properly invest in our
future.”
Third Reading of Bills
House Bill No. 4371, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,”
by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2018 PA
583.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 220 Yeas—105
Afendoulis Filler Kahle Rabhi
Albert Frederick Kennedy Rendon
Alexander Garza Koleszar Sabo
Allor Gay-Dagnogo Kuppa Schroeder
Anthony Glenn LaFave Shannon
Bellino Green LaGrand Sheppard
Berman Greig Lasinski Slagh
Bolden Griffin Leutheuser Sneller
Bollin Guerra Liberati Sowerby
Brann Haadsma Lightner Stone
Brixie Hall Lilly Tate
Byrd Hammoud Love VanSingel
Calley Hauck Lower VanWoerkom
Cambensy Hernandez Maddock Vaupel
Camilleri Hertel Manoogian Wakeman
Carter, T. Hoadley Marino Warren
Chatfield Hoitenga Markkanen Webber
Cherry Hood Meerman Wendzel
Chirkun Hope Miller Wentworth
Clemente Hornberger Mueller Whiteford
Cole Howell Neeley Whitsett
Coleman Huizenga O’Malley Wittenberg
Crawford Iden Pagan Witwer
Eisen Inman Paquette Wozniak
Elder Johnson,
C. Peterson Yancey
Ellison Jones Pohutsky Yaroch
Farrington
Nays—4
Garrett Johnson,
S. Reilly Robinson
In The
Chair: Wentworth
The House agreed to the title of the bill.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The
Speaker Pro Tempore called Associate Speaker Pro Tempore Hornberger to the
Chair.
By
unanimous consent the House returned to the order of
Motions
and Resolutions
House Resolution No. 167.
A
resolution to declare September 22-28, 2019, as Sickle Cell Disease Awareness
Week in the state of Michigan.
Whereas,
September is Sickle Cell Awareness Month; and
Whereas, Sickle cell disease (SCD) is one of the most
common inherited blood disorders affecting approximately
100,000 children and adults in the nation. One in 365 African Americans and 1
in 16,300 Hispanics have sickle cell disease; and
Whereas,
There are more than 2,800 patients with sickle cell disease in Michigan; and
Whereas,
Sickle cell disease is a complex genetic disease involving multicellular
adhesion between red blood cells, white blood cells, platelets, and endothelial
cells, resulting in vaso-occlusive crises (VOCs); and
Whereas,
VOCs are the hallmark of sickle cell disease. These recurrent episodes induce
severe pain, decrease qualify of life, can cause life-threatening
complications, including stroke, and are the primary cause of hospitalizations
in sickle cell disease, and are associated with increased mortality; and
Whereas,
VOC is the number one reason that patients with SCD visit the emergency room or
are hospitalized; and
Whereas, The estimated annual medical costs for SCD
exceed $1.1 billion in the United States. Eighty percent of
overall treatment costs are attributable to inpatient costs and $356 million in
estimated annual costs for emergency room visits; and
Whereas,
High Medicaid costs stem from “super utilizers”, patients with more than four
hospital visits per year. SCD was the fifth most common diagnosis among
Medicaid “super utilizers”; and
Whereas,
Access to care may be challenging for patients with sickle cell disease. Due to
a lack of physicians experienced in treating
sickle cell disease, many young adults transitioning from pediatric care seek
treatment in emergency settings; and
Whereas,
Only two medications have been approved to treat complications of SCD and more
needs to be done to improve the quality of care for patients with SCD; now,
therefore, be it
Resolved by the House of Representatives, That the
members of this legislative body declare September 22-28, 2019,
as Sickle Cell Disease Awareness Week in the state of Michigan. We urge
increased awareness to the problems
caused by sickle cell disease.
The question being on the adoption of the resolution,
The resolution was adopted.
THIS
RESOLUTION IS OFFERED TO COMPLY WITH ARTICLE IV, SECTION 12 OF THE CONSTITUTION OF THE STATE OF MICHIGAN OF
1963 AND MCL 15.217.
Reps. Filler and LaGrand offered the following concurrent resolution:
House Concurrent Resolution No.
10.
A concurrent
resolution to approve the State Officers Compensation Commission
determinations.
Whereas,
Pursuant to the provisions of Article IV, Section 12 of the Constitution of the State of Michigan of
1963, the State Officers Compensation Commission is responsible for making
determinations regarding the salaries and
expense allowances of the members of the Legislature, the Governor, the
Lieutenant Governor, the Attorney General, the Secretary of State,
and the Justices of the Supreme Court; and
Whereas, The State Officers Compensation Commission met
on April 16, 2019, and May 30, 2019, to determine the salaries and expense allowances for the
members of the Legislature, the Governor, the Lieutenant Governor,
the Attorney General, the Secretary of State, and the Justices of the Supreme
Court; and
Whereas,
The State Officers Compensation Commission has concluded its proceedings and on
May 30, 2019, made its determinations that the Justices of the Supreme Court
should receive a 5 percent salary increase in both 2021 and 2022. The
commission recommended that salaries and expense allowances for the members of
the Legislature, the Governor, the Lieutenant Governor, the Attorney General,
and the Secretary of State should not be changed; and
Whereas,
On May 30, 2019, the Legislature received the determinations of the State
Officers Compensation Commission; and
Whereas,
The determinations of the State Officers Compensation Commission shall be the
salaries and expense allowances only if the Legislature approves them by concurrent
resolution adopted by a majority of the members elected to and serving in each
house. If the salary and expense determinations are approved, the salary and
expense determinations shall become effective for the legislative session
immediately following the next general election, which will commence January 1,
2021; now, therefore, be it
Resolved
by the House of Representatives (the Senate concurring), That, pursuant to
Article IV, Section 12 of the Constitution
of the State of Michigan of 1963 and MCL 15.217, we hereby approve the
determinations of the State Officers Compensation Commission that the Justices
of the Supreme Court receive a 5 percent salary increase in both 2021 and 2022,
and the salaries and expense allowances for the members of the Legislature, the
Governor, the Lieutenant Governor, the Attorney General, and the Secretary of
State not be changed; and be it further
Resolved,
That copies of this resolution be transmitted to the State Court Administrator
and the Director of the Department of Technology, Management and Budget.
The concurrent resolution was referred to the Committee on Judiciary.
Second Reading of Bills
House Bill No. 4468, entitled
A bill
to amend 1976 PA 442, entitled “Freedom of information act,” by amending section
5 (MCL 15.235), as amended by 2018 PA 105.
The
bill was read a second time.
Rep.
Steven Johnson moved that the bill be placed on the order of Third Reading of
Bills.
The motion prevailed.
House Bill No. 4406, entitled
A bill to amend 2008 PA 525, entitled “Fostering futures
scholarship trust fund act,” by amending section 7b (MCL
722.1027b), as added by 2014 PA 530.
The
bill was read a second time.
Rep. Markkanen moved to substitute (H-2) the bill.
Rep.
Markkanen moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House
Bill No. 4710, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 16215, 16322, 16501, 16511, 16521, 16525, and 16529 (MCL 333.16215, 333.16322, 333.16501,
333.16511, 333.16521, 333.16525, and 333.16529), section 16215 as
amended by 2005 PA 211, sections 16322, 16501, 16525, and 16529 as added by
2006 PA 30, section 16511 as amended by 2006 PA 397, and section 16521 as
amended by 2010 PA 79, and by adding sections 16513, 16515, and 16517.
Was read a second time, and the
question being on the adoption of the proposed substitute (H-2) previously
recommended by the Committee on Ways and Means,
The
substitute (H-2) was adopted, a majority of the members serving voting
therefor.
Rep.
Kahle moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate
Bill No. 228, entitled
A bill to create a suicide prevention
commission within the legislative council and to prescribe its powers and
duties; and to prescribe the powers and duties of certain state officers and entities.
Was read a second time, and the
question being on the adoption of the proposed substitute (H-1) previously
recommended by the Committee on Ways and Means,
The
substitute (H-1) was adopted, a majority of the members serving voting
therefor.
Rep. Hall moved to substitute (H-2) the bill.
Rep. Markkanen moved to amend the bill as follows:
1. Amend page 6, line 3, after “minimum” by striking out the balance of
the subdivision and inserting all of the following:
(i) Urban and rural areas.
Including the Upper Peninsula.
(ii) Race.
(iii) Sex.
(iv) Occupation.
(v) Age.
(vi) Socioeconomic status.”.
Rep.
Cole moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By
unanimous consent the House returned to the order of
Third
Reading of Bills
Senate Bill No. 447, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and
environmental protection act,” by amending sections 3118, 3120, 30104, 30109,
32312, and 32513 (MCL 324.3118, 324.3120, 324.30104, 324.30109, 324.32312, and 324.32513),
section 3118 as amended by 2017 PA 40, section 3120 as amended by 2015 PA 82,
and sections 30104, 30109, 32312, and 32513 as amended by 2015 PA 76.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 221 Yeas—108
Afendoulis Frederick Kahle Reilly
Albert Garrett Kennedy Rendon
Alexander Garza Koleszar Robinson
Allor Gay-Dagnogo Kuppa Sabo
Anthony Glenn LaFave Schroeder
Bellino Green LaGrand Shannon
Bolden Greig Lasinski Sheppard
Bollin Griffin Leutheuser Slagh
Brann Guerra Liberati Sneller
Brixie Haadsma Lightner Sowerby
Byrd Hall Lilly Stone
Calley Hammoud Love Tate
Cambensy Hauck Lower VanSingel
Camilleri Hernandez Maddock VanWoerkom
Carter, T. Hertel Manoogian Vaupel
Chatfield Hoadley Marino Wakeman
Cherry Hoitenga Markkanen Warren
Chirkun Hood Meerman Webber
Clemente Hope Miller Wendzel
Cole Hornberger Mueller Wentworth
Coleman Howell Neeley Whiteford
Crawford Huizenga O’Malley Whitsett
Eisen Iden Pagan Wittenberg
Elder Inman Paquette Witwer
Ellison Johnson,
C. Peterson Wozniak
Farrington Johnson,
S. Pohutsky Yancey
Filler Jones Rabhi Yaroch
Nays—1
Berman
In The
Chair: Hornberger
Pursuant
to Joint Rule 20, the full title of the act shall be inserted to read as
follows:
“An
act to protect the environment and natural resources of the state; to codify,
revise, consolidate, and classify laws relating to the environment and natural
resources of the state; to regulate the discharge of certain substances into
the environment; to regulate the use of certain lands, waters, and other
natural resources of the state; to protect the people’s right to hunt and fish;
to prescribe the powers and duties of certain state and local agencies and
officials; to provide for certain charges, fees, assessments, and donations; to
provide certain appropriations; to prescribe penalties and provide remedies;
and to repeal acts and parts of acts,”
The
House agreed to the full title.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 448, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and
environmental protection act,” by amending sections 17303 and 17317 (MCL
324.17303 and 324.17317), as amended by 2015 PA 82.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 222 Yeas—108
Afendoulis Frederick Kahle Reilly
Albert Garrett Kennedy Rendon
Alexander Garza Koleszar Robinson
Allor Gay-Dagnogo Kuppa Sabo
Anthony Glenn LaFave Schroeder
Bellino Green LaGrand Shannon
Bolden Greig Lasinski Sheppard
Bollin Griffin Leutheuser Slagh
Brann Guerra Liberati Sneller
Brixie Haadsma Lightner Sowerby
Byrd Hall Lilly Stone
Calley Hammoud Love Tate
Cambensy Hauck Lower VanSingel
Camilleri Hernandez Maddock VanWoerkom
Carter, T. Hertel Manoogian Vaupel
Chatfield Hoadley Marino Wakeman
Cherry Hoitenga Markkanen Warren
Chirkun Hood Meerman Webber
Clemente Hope Miller Wendzel
Cole Hornberger Mueller Wentworth
Coleman Howell Neeley Whiteford
Crawford Huizenga O’Malley Whitsett
Eisen Iden Pagan Wittenberg
Elder Inman Paquette Witwer
Ellison Johnson,
C. Peterson Wozniak
Farrington Johnson,
S. Pohutsky Yancey
Filler Jones Rabhi Yaroch
Nays—1
Berman
In The
Chair: Hornberger
Pursuant
to Joint Rule 20, the full title of the act shall be inserted to read as
follows:
“An
act to protect the environment and natural resources of the state; to codify,
revise, consolidate, and classify laws relating to the environment and natural
resources of the state; to regulate the discharge of certain substances into
the environment; to regulate the use of certain lands, waters, and other
natural resources of the state; to protect the people’s right to hunt and fish;
to prescribe the powers and duties of certain state and local agencies and
officials; to provide for certain charges, fees, assessments, and donations; to
provide certain appropriations; to prescribe penalties and provide remedies;
and to repeal acts and parts of acts,”
The
House agreed to the full title.
Rep.
Webber moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 450, entitled
A bill to amend 1937 PA 284, entitled “An act to prevent the spread of
infectious and contagious diseases of livestock; to require persons,
associations, partnerships and corporations engaged in the buying, receiving,
selling, transporting, exchanging, negotiating, or soliciting sale, resale,
exchange or transportation of livestock to be licensed and bonded by the
department of agriculture; to keep a producers’ proceeds account; to provide
for the refusal, suspension or revocation of such licenses; to provide for
weighmasters; to provide for the inspection and disinfection of yards, premises
and vehicles; and to provide penalties for the violation of this act,” by
amending section 3 (MCL 287.123), as amended by 2015 PA 69.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 223 Yeas—108
Afendoulis Frederick Kahle Reilly
Albert Garrett Kennedy Rendon
Alexander Garza Koleszar Robinson
Allor Gay-Dagnogo Kuppa Sabo
Anthony Glenn LaFave Schroeder
Bellino Green LaGrand Shannon
Bolden Greig Lasinski Sheppard
Bollin Griffin Leutheuser Slagh
Brann Guerra Liberati Sneller
Brixie Haadsma Lightner Sowerby
Byrd Hall Lilly Stone
Calley Hammoud Love Tate
Cambensy Hauck Lower VanSingel
Camilleri Hernandez Maddock VanWoerkom
Carter, T. Hertel Manoogian Vaupel
Chatfield Hoadley Marino Wakeman
Cherry Hoitenga Markkanen Warren
Chirkun Hood Meerman Webber
Clemente Hope Miller Wendzel
Cole Hornberger Mueller Wentworth
Coleman Howell Neeley Whiteford
Crawford Huizenga O’Malley Whitsett
Eisen Iden Pagan Wittenberg
Elder Inman Paquette Witwer
Ellison Johnson,
C. Peterson Wozniak
Farrington Johnson,
S. Pohutsky Yancey
Filler Jones Rabhi Yaroch
Nays—1
Berman
In The
Chair: Hornberger
The House agreed to the title of the bill.
Rep.
Webber moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 451, entitled
A bill to amend 2012 PA 615, entitled “Michigan energy assistance act,”
by amending section 6 (MCL 400.1236), as amended by 2016 PA 147.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 224 Yeas—109
Afendoulis Frederick Kahle Reilly
Albert Garrett Kennedy Rendon
Alexander Garza Koleszar Robinson
Allor Gay-Dagnogo Kuppa Sabo
Anthony Glenn LaFave Schroeder
Bellino Green LaGrand Shannon
Berman Greig Lasinski Sheppard
Bolden Griffin Leutheuser Slagh
Bollin Guerra Liberati Sneller
Brann Haadsma Lightner Sowerby
Brixie Hall Lilly Stone
Byrd Hammoud Love Tate
Calley Hauck Lower VanSingel
Cambensy Hernandez Maddock VanWoerkom
Camilleri Hertel Manoogian Vaupel
Carter, T. Hoadley Marino Wakeman
Chatfield Hoitenga Markkanen Warren
Cherry Hood Meerman Webber
Chirkun Hope Miller Wendzel
Clemente Hornberger Mueller Wentworth
Cole Howell Neeley Whiteford
Coleman Huizenga O’Malley Whitsett
Crawford Iden Pagan Wittenberg
Eisen Inman Paquette Witwer
Elder Johnson,
C. Peterson Wozniak
Ellison Johnson,
S. Pohutsky Yancey
Farrington Jones Rabhi Yaroch
Filler
Nays—0
In The
Chair: Hornberger
Pursuant
to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An
act to provide energy assistance for low-income households; and to prescribe
certain powers and duties of certain state departments and agencies,”
The
House agreed to the full title.
Rep.
Webber moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4128, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by
amending section 1 of chapter XI (MCL 711.1), as amended by 2000 PA 111.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 225 Yeas—106
Afendoulis Filler Kahle Reilly
Albert Frederick Kennedy Rendon
Alexander Garrett Koleszar Sabo
Allor Garza Kuppa Schroeder
Anthony Gay-Dagnogo LaFave Shannon
Bellino Glenn LaGrand Sheppard
Berman Green Lasinski Slagh
Bolden Greig Leutheuser Sneller
Bollin Griffin Liberati Sowerby
Brann Guerra Lightner Stone
Brixie Haadsma Lilly Tate
Byrd Hall Lower VanSingel
Calley Hammoud Maddock VanWoerkom
Cambensy Hauck Manoogian Vaupel
Camilleri Hernandez Marino Wakeman
Carter, T. Hertel Markkanen Warren
Chatfield Hoadley Meerman Webber
Cherry Hoitenga Miller Wendzel
Chirkun Hood Mueller Wentworth
Clemente Hope Neeley Whiteford
Cole Hornberger O’Malley Whitsett
Coleman Howell Pagan Wittenberg
Crawford Huizenga Paquette Witwer
Eisen Iden Peterson Wozniak
Elder Inman Pohutsky Yancey
Ellison Johnson,
S. Rabhi Yaroch
Farrington Jones
Nays—3
Johnson, C. Love Robinson
In The
Chair: Hornberger
The House agreed to the title of the bill.
Rep.
Webber moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4209, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by
amending section 44 (MCL 211.44), as amended by 2012 PA 482.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 226 Yeas—109
Afendoulis Frederick Kahle Reilly
Albert Garrett Kennedy Rendon
Alexander Garza Koleszar Robinson
Allor Gay-Dagnogo Kuppa Sabo
Anthony Glenn LaFave Schroeder
Bellino Green LaGrand Shannon
Berman Greig Lasinski Sheppard
Bolden Griffin Leutheuser Slagh
Bollin Guerra Liberati Sneller
Brann Haadsma Lightner Sowerby
Brixie Hall Lilly Stone
Byrd Hammoud Love Tate
Calley Hauck Lower VanSingel
Cambensy Hernandez Maddock VanWoerkom
Camilleri Hertel Manoogian Vaupel
Carter, T. Hoadley Marino Wakeman
Chatfield Hoitenga Markkanen Warren
Cherry Hood Meerman Webber
Chirkun Hope Miller Wendzel
Clemente Hornberger Mueller Wentworth
Cole Howell Neeley Whiteford
Coleman Huizenga O’Malley Whitsett
Crawford Iden Pagan Wittenberg
Eisen Inman Paquette Witwer
Elder Johnson,
C. Peterson Wozniak
Ellison Johnson,
S. Pohutsky Yancey
Farrington Jones Rabhi Yaroch
Filler
Nays—0
In The
Chair: Hornberger
The House agreed to the title of the bill.
Rep.
Webber moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Webber moved that House Bill No. 4710 be placed on its
immediate passage.
The motion prevailed, a majority
of the members serving voting therefor.
A bill
to amend 1978 PA 368, entitled “Public health code,” by amending sections
16215, 16322, 16501, 16511, 16521, 16525,
and 16529 (MCL 333.16215, 333.16322, 333.16501, 333.16511, 333.16521,
333.16525, and 333.16529), section 16215 as amended by 2005 PA 211,
sections 16322, 16501, 16525, and 16529 as added by 2006 PA 30, section 16511
as amended by 2006 PA 397, and section 16521 as amended by 2010 PA 79, and by
adding sections 16513, 16515, and 16517.
Was read a third time and passed, a majority of the members serving
voting therefor, by yeas and nays, as follows:
Roll Call No. 227 Yeas—100
Afendoulis Ellison Kennedy Robinson
Albert Farrington Koleszar Sabo
Alexander Filler Kuppa Schroeder
Allor Frederick LaFave Shannon
Anthony Garrett LaGrand Sheppard
Bellino Garza Lasinski Slagh
Berman Gay-Dagnogo Leutheuser Sneller
Bolden Green Liberati Sowerby
Bollin Greig Lightner Stone
Brann Griffin Lilly Tate
Brixie Guerra Love VanSingel
Byrd Haadsma Lower VanWoerkom
Calley Hall Manoogian Vaupel
Cambensy Hammoud Marino Wakeman
Camilleri Hauck Markkanen Warren
Carter,
T. Hertel Miller Webber
Chatfield Hoadley Mueller Wendzel
Cherry Hood Neeley Wentworth
Chirkun Hope O’Malley Whiteford
Clemente Howell Pagan Whitsett
Cole Huizenga Paquette Wittenberg
Coleman Iden Peterson Witwer
Crawford Inman Pohutsky Wozniak
Eisen Jones Rabhi Yancey
Elder Kahle Rendon Yaroch
Nays—9
Glenn Hornberger Johnson, S. Meerman
Hernandez Johnson, C. Maddock Reilly
Hoitenga
In The Chair: Hornberger
The
question being on agreeing to the title of the bill,
Rep.
Webber moved to amend the title to read as follows:
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending the heading of part 165 and sections 16215, 16322,
16501, 16511, 16521, 16525, and 16529 (MCL 333.16215, 333.16322, 333.16501, 333.16511, 333.16521, 333.16525, and 333.16529),
section 16215 as amended by 2005 PA 211, sections 16322, 16501, 16525, and 16529 as added by 2006 PA 30,
section 16511 as amended by 2006 PA 397, and section 16521 as
amended by 2010 PA 79, and by adding sections 16513, 16515, and 16517.
The
motion prevailed.
The
House agreed to the title as amended.
Rep. Webber moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Associate
Speaker Pro Tempore Hornberger called Associate Speaker Pro Tempore Lilly to
the Chair.
______
Rep. Webber moved that House Committees
be given leave to meet during the balance of today’s session.
The motion prevailed.
By
unanimous consent the House returned to the order of
Motions
and Resolutions
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the
following bills had been reproduced and made available electronically on
Wednesday, September 18:
Senate Bill Nos. 4989 4990 4991 4992 4993 4994
The Clerk announced that the
following bill had been reproduced and made available electronically on
Thursday, September 19:
Senate Bill No. 533
The Clerk announced that the
following Senate bills had been received on Thursday, September 19:
Senate Bill Nos. 257 269 319
Reports of Select Committees
A bill to amend 1979 PA 94,
entitled “The state school aid act of 1979,” by amending sections 4, 6, 8b, 11,
11a, 11j, 11k, 11m, 11s, 15, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 24, 24a,
25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 31j, 31n, 32d, 32p, 35a, 35b, 39, 39a,
41, 51a, 51c, 51d, 53a, 54, 54b, 54d, 56, 61a, 61b, 61c, 61d, 62, 64d, 65, 67,
74, 81, 94, 94a, 95a, 95b, 98, 99h, 99s, 99t, 99u, 99w, 99x, 101, 102d, 104,
104b, 104c, 104d, 107, 147, 147a, 147c, 147e, 152a, and 152b (MCL 388.1604,
388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m,
388.1611s, 388.1615, 388.1620, 388.1620d, 388.1620f, 388.1621h, 388.1622a,
388.1622b, 388.1622d, 388.1622m, 388.1624, 388.1624a, 388.1625e, 388.1625f,
388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1631j,
388.1631n, 388.1632d, 388.1632p, 388.1635a, 388.1635b, 388.1639, 388.1639a,
388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654b,
388.1654d, 388.1656, 388.1661a, 388.1661b, 388.1661c, 388.1661d, 388.1662,
388.1664d, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a,
388.1695a, 388.1695b, 388.1698, 388.1699h, 388.1699s, 388.1699t, 388.1699u,
388.1699w, 388.1699x, 388.1701, 388.1702d, 388.1704, 388.1704b, 388.1704c,
388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1747e, 388.1752a, and
388.1752b), sections 4 and 8b as amended by 2017 PA 108, sections 6, 11, 31a,
31j, 32d, 35a, 35b, 39a, 99h, and 99u as amended and sections 31n, 99w, and 99x
as added by 2018 PA 586, sections 11a, 11j, 11k, 11m, 11s, 15, 20, 20d, 20f,
21h, 22a, 22b, 22d, 22m, 24, 24a, 25e, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39,
41, 51a, 51c, 51d, 53a, 54, 54b, 56, 61a, 61b, 61c, 62, 64d, 65, 67, 74, 81,
94, 94a, 95b, 98, 99s, 99t, 102d, 104, 104b, 104c, 104d, 107, 147, 147a, 147c,
147e, 152a, and 152b as amended and sections 54d and 61d as added by 2018 PA
265, section 95a as amended by 2015 PA 85, and section 101 as amended by 2019 PA 11, and by adding sections 32e,
35c, 35d, 35e, 54e, 61j, 67a, 67b, 97, 97a, 97b, and 99a; and to repeal
acts and parts of acts.
(For text of conference report, see today’s Journal p. 1233.)
The Senate has adopted the report
of the Committee of Conference and ordered that the bill be given immediate
effect.
The bill was referred to the
Clerk for enrollment printing and presentation to the Governor.
Messages
from the Senate
A bill to amend 1974 PA 258, entitled “Mental
health code,” by amending section 139 (MCL 330.1139), as amended by 2015 PA 59.
The Senate has passed the bill, ordered
that it be given immediate effect and pursuant to Joint Rule 20, inserted the
full title.
The House agreed to the full title.
The bill was referred to the Clerk for
enrollment printing and presentation to the Governor.
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 2891 (MCL 333.2891), as amended by 2013 PA
136.
The Senate has passed the bill, ordered
that it be given immediate effect and pursuant to Joint Rule 20, inserted the
full title.
The House agreed to the full title.
The bill was referred to the Clerk for
enrollment printing and presentation to the Governor.
House
Bill No. 4857, entitled
A bill to amend 1994 PA 295, entitled “Sex
offenders registration act,” by amending section 5a (MCL 28.725a), as amended
by 2013 PA 149.
The Senate has passed the bill, ordered
that it be given immediate effect and pursuant to Joint Rule 20, inserted the
full title.
The House agreed to the full title.
The bill was referred to the Clerk for
enrollment printing and presentation to the Governor.
House
Bill No. 4858, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 80130, 80315, 81114, and 82156 (MCL
324.80130, 324.80315, 324.81114, and 324.82156), sections 80130,
80315, and 82156 as amended by 2015 PA 77 and section 81114 as amended by 2017
PA 199.
The Senate has passed the bill, ordered
that it be given immediate effect and pursuant to Joint Rule 20, inserted the
full title.
The House agreed to the full title.
The bill was referred to the Clerk for
enrollment printing and presentation to the Governor.
House
Bill No. 4889, entitled
A bill to amend 1972 PA 222, entitled “An
act to provide for an official personal identification card; to provide for its
form, issuance and use; to regulate the use and disclosure of information
obtained from the card; to prescribe the powers and duties of the secretary of
state; to prescribe fees; to prescribe certain penalties for violations; and to
provide an appropriation for certain purposes,” by amending section 7 (MCL
28.297), as amended by 2015 PA 72.
The Senate has passed the bill and
ordered that it be given immediate effect.
The bill was referred to the Clerk for
enrollment printing and presentation to the Governor.
House
Bill No. 4890, entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending sections 208b, 217a, 232, 801, 802, 803b, 803r, 804,
806, and 809 (MCL 257.208b, 257.217a, 257.232, 257.801, 257.802, 257.803b, 257.803r, 257.804, 257.806, and 257.809), sections
208b, 217a, and 232 as amended by 2015 PA 73, section 801 as
amended by 2018 PA 656, section 802 as amended by 2016 PA 425, and sections
803b, 803r, 804, 806, and 809 as amended by 2015 PA 78.
The Senate has passed the bill, ordered
that it be given immediate effect and pursuant to Joint Rule 20, inserted the
full title.
The House agreed to the full title.
The bill was referred to the Clerk for
enrollment printing and presentation to the Governor.
House
Bill No. 4891, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 3122 and 4112
(MCL 324.3122 and 324.4112), section 3122 as amended by 2015 PA 247 and section
4112 as amended by 2015 PA 82.
The Senate has passed the bill, ordered
that it be given immediate effect and pursuant to Joint Rule 20, inserted the
full title.
The House agreed to the full title.
The bill was referred to the Clerk for
enrollment printing and presentation to the Governor.
House
Bill No. 4892, entitled
A bill to amend
1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of
residents of the state;
to provide for the recording and filing of the fingerprints by the central
records division of the department of state police; and to impose a fee,”
by amending section 3 (MCL 28.273), as amended by 2015 PA 71.
The Senate has passed the bill and
ordered that it be given immediate effect.
The bill was referred to the Clerk for
enrollment printing and presentation to the Governor.
House
Bill No. 4893, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending section 11525a (MCL
324.11525a), as amended by 2018 PA 640.
The Senate has passed the bill, ordered
that it be given immediate effect and pursuant to Joint Rule 20, inserted the
full title.
The House agreed to the full title.
The bill was referred to the Clerk for
enrollment printing and presentation to the Governor.
Senate
Bill No. 257, entitled
A bill
to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending
section 4a of chapter IX (MCL 769.4a), as amended by 2013 PA 222.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 269, entitled
A bill to amend 1941 PA 122, entitled “An
act to establish the revenue collection duties of the department of treasury;
to prescribe its powers and duties as the revenue collection agency of this
state; to prescribe certain powers and duties of the state treasurer; to
establish the collection duties of certain other state departments for money or
accounts owed to this state; to regulate the importation, stamping, and
disposition of certain tobacco products; to provide for the transfer of powers
and duties now vested in certain other state boards, commissions, departments,
and offices; to prescribe certain duties of and require certain reports from
the department of treasury; to provide procedures for the payment,
administration, audit, assessment, levy of interests or penalties on, and
appeals of taxes and tax liability; to prescribe its powers and duties if an
agreement to act as agent for a city to administer, collect, and enforce the
city income tax act on behalf of a city is entered into with any city; to
provide an appropriation; to abolish the state board of tax administration; to
prescribe penalties and provide remedies; and to declare the effect of this
act,” (MCL 205.1 to 205.31) by adding section 4a.
The Senate has passed the bill.
The bill was read a first time by its
title and referred to the Committee on Tax Policy.
A bill
to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending
sections 2, 7, and 10 (MCL 207.772, 207.777, and 207.780), section 2 as
amended by 2010 PA 9, section 7 as amended by 2008 PA 284, and section 10 as
amended by 2005 PA 339, and by adding section 2a.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Commerce and Tourism.
Introduction of Bills
Reps. Hoitenga, Rabhi, Steven Johnson, O’Malley,
Maddock, Markkanen, Wozniak, Whitsett, Sowerby, Pohutsky, Koleszar, Yaroch,
Hood, Coleman, Reilly, Peterson, Byrd and Hammoud introduced
House Bill No. 4995, entitled
A bill to amend 2008 PA 295, entitled “Clean
and renewable energy and energy waste reduction act,” by amending section 61 (MCL 460.1061), as added by
2016 PA 342, and by adding sections 62, 63, 64, 65, 66, and 67.
The bill was read a first time by its title
and referred to the Committee on Energy.
Reps. LaFave, Markkanen, Steven Johnson,
Maddock, Eisen, O’Malley, Miller and Meerman introduced
House Bill No. 4996, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending
section 2226 (MCL 333.2226).
The bill was read a first time by its title and referred to the
Committee on Government Operations.
House Bill No. 4997, entitled
A bill to amend 1984 PA 431,
entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding
section 387.
The bill was read a first time by
its title and referred to the Committee on Military, Veterans and Homeland
Security.
House Bill No. 4998, entitled
A bill to create the immigration status
inquiry and information collection act; and to prohibit certain inquiries,
certain information collection, and the provision of information by certain individuals.
The bill was read a first time by its title
and referred to the Committee on Military, Veterans and Homeland Security.
House Bill No. 4999, entitled
A bill to amend 1984 PA 431, entitled “The
management and budget act,” (MCL 18.1101 to 18.1594) by adding section 382.
The bill was read a first time by its title
and referred to the Committee on Military, Veterans and Homeland Security.
House Bill No. 5000, entitled
A bill to amend 1980 PA 428, entitled “An act
to provide for the designation of state procurements of goods, services, and
construction for minority owned and woman owned businesses; to provide powers
and duties of the governor; to prescribe powers and duties of certain state
departments and agencies; and to provide penalties,” by amending the title and
sections 1, 2, 3, 4, 5, and 6 (MCL 450.771, 450.772, 450.773, 450.774, 450.775,
and 450.776).
The bill was read a first time by its title
and referred to the Committee on Commerce and Tourism.
Reps. Gay-Dagnogo,
Hammoud, Brixie, Hood, Yancey, Garza, Sowerby, Pagan, Tyrone Carter and
Peterson introduced
House Bill No. 5001, entitled
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” by amending section 471 (MCL 206.471), as amended by 2011 PA
38, and by adding section 51h.
The bill was read a first time by its title
and referred to the Committee on Tax Policy.
House Bill No. 5002, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending section 43532a (MCL
324.43532a), as amended by 2013 PA 246.
The bill was read a first time by its title
and referred to the Committee on Natural Resources and Outdoor Recreation.
Reps. Brixie, Howell, Sabo, Hertel,
Leutheuser, Kennedy, Garza, Coleman, Cynthia Johnson, Brann, Haadsma, Peterson,
Calley, Cherry, Yaroch, Green, LaFave, Cambensy, Byrd, Witwer, Wittenberg,
Allor, Pohutsky, Sowerby, Eisen, VanSingel, Wendzel, Rendon, Lilly and Robinson
introduced
House Bill No. 5003, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending section 43532 (MCL
324.43532), as amended by 2016 PA 463.
The bill was read a first time by its title
and referred to the Committee on Natural Resources and Outdoor Recreation.
Reps. Yaroch, Vaupel, Peterson, Brixie,
Wozniak and Marino introduced
House Bill No. 5004, entitled
A bill to amend 2011 PA 256, entitled “Michigan
fireworks safety act,” by amending section 12 (MCL 28.462), as amended by 2018
PA 634.
The bill was read a first time by its title
and referred to the Committee on Regulatory Reform.
Reps. Yaroch, Vaupel, Peterson, Sabo, Brixie,
Wozniak and Marino introduced
House Bill No. 5005, entitled
A bill to amend 2011 PA 256, entitled “Michigan
fireworks safety act,” by amending sections 2, 7, and 12 (MCL 28.452, 28.457,
and 28.462), sections 2 and 12 as amended by 2018 PA 634 and section 7 as
amended by 2018 PA 635.
The bill was read a first time by its title
and referred to the Committee on Regulatory Reform.
Reps. Steven Johnson, Paquette and Yaroch
introduced
House Joint Resolution N, entitled
A joint resolution proposing an
amendment to the state constitution of 1963, by amending section 12 of article
IV, to set the salary of legislators.
The joint resolution was read a
first time by its title and referred to the Committee on Government Operations.
______
Rep. Guerra moved that the House adjourn.
The motion prevailed, the time being 3:10 p.m.
GARY L.
RANDALL
Clerk
of the House of Representatives