STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Thursday, September
19, 2019.
10:00 a.m.
The Senate was called to order by the
President pro tempore, Senator Aric Nesbitt.
The
roll was called by the Secretary of the Senate, who announced that a quorum was
present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Pastor
Robert J. Freysinger of Ida United Methodist Church of Ida offered the following
invocation:
Gracious
and heavenly God, we live in a time when Your wisdom and guidance are needed in
our world, in our country, and in our state. We pray this day that as we come
to You we may have open hearts and minds to hear not only Your voice, but the
voice of those who we serve with and those whom we serve.
We
recognize that there are many needs in our state today. We continue to deal
with those who are unable to find steady work and companies that are unable to
find qualified workers. We see the needs of the poor and the hungry and we want
to help change the quality of life for each person. Yet we also know that in
the midst of the differences in how we bridge these gaps, we often see
differences in opinions and solutions as invalid because they don’t fit with
our way of thinking. Give to each Senator serving the state of Michigan the
ears to hear, the minds to absorb, and the willingness to work with those who
bring a different point of view. Allow the
differences to become the creative tension that brings about true solutions to
the needs of the people of this state of Michigan.
We
pray for those who have recently been affected and will be affected by the
natural disasters of hurricanes and wildfires. We pray for those who are living
in the remnants of battle in their countries. We pray for the hope of a new day
when peace and justice will be the norm and we won’t have to worry about the
realities of war anymore.
Hear
us as we pray. Fill us with Your wisdom and guidance, and grant us true peace.
We pray this in the name of Jesus Christ our Lord. Amen.
The President pro tempore, Senator Nesbitt, led the
members of the Senate in recital of the Pledge
of Allegiance.
The
President, Lieutenant Governor Gilchrist, assumed the Chair.
Motions
and Communications
Senator
Hertel entered the Senate Chamber.
The following communications were received:
Office
of Senator Ruth A. Johnson
September 18, 2019
I respectfully request to be added as a
cosponsor to Senate Bill 110.
Thank you.
September 19, 2019
I respectfully request to be added as a cosponsor to Senate Bill 269.
Thank you.
Sincerely,
Ruth
A. Johnson
State
Senator
14th
District
The communications were referred to the
Secretary for record.
The following communication was received:
Office
of Senator Jeremy Moss
September 18, 2019
I would like to add my name as a co-sponsor to
SJR K sponsored by Sen. Alexander.
Thank you.
Jeremy
Moss
State
Senator, Michigan’s 11th District
Representing
southern Oakland County
Assistant
Democratic Leader
The communication was referred to the
Secretary for record.
The following communication was received:
Office
of Senator Dayna Polehanki
September 18, 2019
Per Senate Rule (1.110(C)) I am requesting
that my name be added as a co-sponsor to Senate Bill 364, which was introduced
on June 5, 2019, by Senator Zorn, and has been referred to the committee of the
whole.
Sincerely,
Dayna
Polehanki
The communication was referred to the
Secretary for record.
Messages
from the Governor
The
following messages from the Governor were received:
Time: 2:53 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 23 (Public Act No. 48), being
An act to prohibit the theft of mail; to provide
for the powers and duties of certain state and local governmental officers and
entities; and to prescribe penalties and provide remedies.
(Filed with the Secretary of State on
September 17, 2019 at 4:28 p.m.)
Time: 2:55 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled
Senate Bill No. 24 (Public Act No. 49), being
An act to amend 1927 PA 175, entitled “An act
to revise, consolidate, and codify the laws relating to criminal procedure and
to define the jurisdiction, powers, and duties of courts, judges, and other
officers of the court under the provisions of this act; to provide laws
relative to the rights of persons accused of criminal offenses and ordinance
violations; to provide for the arrest of persons charged with or suspected of
criminal offenses and ordinance violations; to provide for bail of persons
arrested for or accused of criminal offenses and ordinance violations; to
provide for the examination of persons accused of criminal offenses; to
regulate the procedure relative to grand juries, indictments, informations, and
proceedings before trial; to provide for trials of persons complained of or
indicted for criminal offenses and ordinance violations and to provide for the
procedure in those trials; to provide for judgments and sentences of persons
convicted of criminal offenses and ordinance violations; to establish a
sentencing commission and to prescribe its powers and duties; to provide for
procedure relating to new trials and appeals in criminal and ordinance
violation cases; to provide a uniform system of probation throughout this state
and the appointment of probation officers; to prescribe the powers, duties, and
compensation of probation officers; to provide penalties for the violation of
the duties of probation officers; to provide for procedure governing
proceedings to prevent crime and proceedings for the discovery of crime; to
provide for fees of officers, witnesses, and others in criminal and ordinance
violation cases; to set forth miscellaneous provisions as to criminal procedure
in certain cases; to provide penalties for the violation of certain provisions
of this act; and to repeal all acts and parts of acts inconsistent with or
contravening any of the provisions of this act,” by amending section 14h of
chapter XVII (MCL 777.14h), as amended by 2018 PA 188.
(Filed with the Secretary of State on
September 17, 2019 at 4:30 p.m.)
Respectfully,
Gretchen
Whitmer
Governor
Messages from the House
A bill to amend 1982 PA 162, entitled “Nonprofit
corporation act,” by amending section 1060 (MCL 450.3060), as amended by 2015
PA 65.
The House of Representatives has passed the
bill, ordered that it be given immediate effect and pursuant to Joint Rule 20,
inserted the full title.
The
Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and
presentation to the Governor.
A bill to amend 1993 PA 23, entitled “Michigan
limited liability company act,” by amending section 1101 (MCL 450.5101), as
amended by 2018 PA 380.
The House of Representatives has passed the
bill, ordered that it be given immediate effect and pursuant to Joint Rule 20,
inserted the full title.
The
Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and
presentation to the Governor.
A bill to amend 1979 PA 152, entitled “State
license fee act,” by amending sections 13, 17, 21, 25, 27, 31, 37, 38, and 43
(MCL 338.2213, 338.2217, 338.2221, 338.2225, 338.2227, 338.2231, 338.2237,
338.2238, and 338.2243), as amended by 2015 PA 75.
The House of Representatives has passed the
bill, ordered that it be given immediate effect and pursuant to Joint Rule 20,
inserted the full title.
The
Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and
presentation to the Governor.
A bill to amend 2016 PA 345, entitled “Limousine,
taxicab, and transportation network company act,” by amending section 4 (MCL
257.2104).
The House of Representatives has passed the
bill, ordered that it be given immediate effect and pursuant to Joint Rule 20,
inserted the full title.
The
Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and
presentation to the Governor.
A bill to amend 2008 PA 551, entitled “Uniform
securities act (2002),” by amending section 410 (MCL 451.2410), as amended by
2015 PA 67.
The House of Representatives has passed the
bill, ordered that it be given immediate effect and pursuant to Joint Rule 20,
inserted the full title.
The
Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and
presentation to the Governor.
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 20161 (MCL 333.20161), as amended by 2018 PA
245.
The House of Representatives has passed the
bill, ordered that it be given immediate effect and pursuant to Joint Rule 20,
inserted the full title.
The
Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and
presentation to the Governor.
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 6237 (MCL 333.6237), as amended by 2015 PA
104.
The House of Representatives has passed the
bill, ordered that it be given immediate effect and pursuant to Joint Rule 20,
inserted the full title.
The
Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and
presentation to the Governor.
The
motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate proceeded to
the order of
Resolutions
Senator Shirkey offered the following
resolution:
Senate
Resolution No. 77.
A resolution of tribute offered as a memorial for Gary G. Corbin, former
member of the Senate.
Whereas, It is with great sadness that the members of this legislative
body learned of the passing of Gary Corbin. He was an outstanding public
servant who was deeply committed to improving the lives of his constituents in
Genesee County and the people of the entire state during his twelve years in
the Senate; and
Whereas, Gary Corbin was a native of the Hoosier state, attending
college at Anderson University where he was a standout football player, but he
made Michigan his home. He put down roots in Clio where he served as a pastor
and raised two daughters with his wife, Sheila. He entered public service as a
member of the Genesee County Board of Commissioners from 1971-1974 and was
elected to the Senate for the first time in 1974; and
Whereas, In the Senate, Gary Corbin quickly made a
name for himself as someone who could work with people with different views and
backgrounds. His colleagues appreciated the decency and empathy with which he
approached his work in the Legislature, entrusting him with a variety of
leadership positions during his tenure, including assistant majority leader,
majority floor leader, and minority floor leader. Labor, taxation, and education
were among the issues he worked most closely on, chairing the Colleges and
Universities Committee and Finance Committee and sponsoring more than 75 public
acts across his three terms; and
Whereas, Gary Corbin ended his service in the Legislature in 1986, but
his work serving the public continued for many years after. He was the chief
deputy director of the Department of Labor, served on the State Officers
Compensation Commission, and was elected chairman of the Michigan Democratic
Party before moving into the private sector. In 1996, he started an insurance
agency with one of his daughters that grew to have a presence in more than two
dozen states; and
Whereas, Gary Corbin saw public service as a calling, committing himself
to the improvement of the lives of the people of Michigan. Upon his passing, we
offer our condolences to his family and friends. We hope that they may find
comfort in the knowledge that the community as a whole shares in their
bereavement and that the legacy of Gary Corbin’s contributions will long
continue to enrich our state; now, therefore, be it
Resolved by the Senate, That we offer this expression of our highest
tribute to honor the memory of Gary G. Corbin, a member of the Senate from
1975 to 1986; and be it further
Resolved, That copies of this resolution be transmitted to the Corbin
family as evidence of our lasting esteem for his memory.
Senator MacGregor moved that the rule be
suspended.
The motion prevailed, a majority of the
members serving voting therefor.
The resolution was adopted by a unanimous
standing vote of the Senate.
The motion prevailed, a majority of the
members serving voting therefor.
The motion prevailed.
Senator Ananich’s statement is as follows:
I rise to pay tribute to a man who was a
legend in my community, a legend here in this chamber, and a legend in Michigan
politics—Senator Gary Corbin.
At his core, Gary Corbin believed in bringing
people together, treating folks with respect, and conducting the business of
the people with honesty and openness. He served with distinction as a Genesee
County Commissioner, state Senator and Majority Floor Leader, deputy director
of the Michigan Department of Labor, and chair of the Michigan Democratic
Party. Gary fought for the working man and woman and their families and he
always had their interests in his mind and on his heart.
We are deeply grateful
for Gary’s lifetime of service and we thank his family for sharing him with us
for decades. I would like to take a moment to acknowledge them in the Gallery.
First, Gary’s wife Sheila Corbin; his daughters Susan and Sally; his grandsons
Lucas, Landon, and Corbin—and briefly, I had the distinct pleasure of being
Lucas and Landon’s camp counselor in northern Michigan for a number of summers,
and I know they were tremendous kids and I can imagine that they must be
tremendous adults. Also, nephews David and Michael, their mother Jan, and their
families; and Sheila’s sisters Donna and Kathy and their families.
We are also joined here behind me—you can see
he made an impact on a lot of people’s lives—by former Lieutenant Governor John
Cherry, his colleagues former Senators Doug Ross and Mitch Irwin, in the
Gallery former Representative Pam Faris, and current Representatives Tim
Sneller and John Cherry, Jr. I will make a note—I gave their titles, but
Lieutenant Governor John Cherry was chief of staff to Gary Corbin, and he
recruited Representative Tim Sneller to work in Gary Corbin’s office, who
recruited me to work in Lieutenant Governor Cherry’s office, and obviously had
an influence on all the people up here. For the days that you’re annoyed with
me, it was their fault, not mine.
All joking aside, he was an amazing man, he
was a humble man, he was a great family person, and we’re here to pay tribute
to Gary’s service to our home, in particular, Genesee County. He influenced and
mentored us, along with a whole generation of Michigan leaders.
Mr. President, if we could welcome his family
and give our deepest thanks for sharing him for the time that they did.
A
moment of silence was observed in memory of Gary G. Corbin, former member of
the Senate.
Recess
Senator MacGregor moved that the Senate recess
subject to the call of the Chair.
The motion prevailed, the time being 10:21
a.m.
The Senate was called to order by the
President pro tempore, Senator Nesbitt.
House
Bill No. 4850
House
Bill No. 4853
House
Bill No. 4857
House
Bill No. 4858
House
Bill No. 4889
House
Bill No. 4890
House
Bill No. 4891
House
Bill No. 4892
House
Bill No. 4893
The motion prevailed, a majority of the
members serving voting therefor.
By unanimous consent the Senate returned to
the order of
General Orders
The motion prevailed, and the President pro
tempore, Senator Nesbitt, designated Senator Theis as Chairperson.
After some time spent therein, the Committee
arose; and the President pro tempore, Senator Nesbitt, having resumed the
Chair, the Committee reported back to the Senate, favorably and without
amendment, the following bills:
House Bill No. 4850, entitled
A bill to amend 1974 PA 258, entitled “Mental
health code,” by amending section 139 (MCL 330.1139), as amended by 2015 PA 59.
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 2891 (MCL 333.2891), as amended by 2013 PA
136.
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.
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.
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.
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.
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.
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.
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.
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.
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 bills were placed on the order of Third
Reading of Bills.
Senate Bill No. 455, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending section 7ff (MCL 211.7ff), as amended by
2005 PA 165.
Substitute (S-2)
Senate Bill No. 319, entitled
A bill to amend 1992 PA 147, entitled “Neighborhood
enterprise zone act,” by amending section 2 (MCL 207.772), as amended by 2010
PA 9, and by adding section 2a.
Substitute (S-1)
House
Bill No. 4850
House
Bill No. 4853
House
Bill No. 4857
House
Bill No. 4858
House
Bill No. 4889
House
Bill No. 4890
House
Bill No. 4891
House
Bill No. 4892
House
Bill No. 4893
Senate
Bill No. 257
Senate
Bill No. 269
Senate
Bill No. 319
The motion prevailed, a majority of the
members serving voting therefor.
By unanimous consent the Senate returned to
the order of
Third Reading of Bills
Senator MacGregor moved that the Senate
proceed to consideration of the following bills:
House
Bill No. 4850
House
Bill No. 4853
House
Bill No. 4857
House
Bill No. 4858
House
Bill No. 4889
House
Bill No. 4890
House
Bill No. 4891
House
Bill No. 4892
House
Bill No. 4893
Senate
Bill No. 257
Senate
Bill No. 269
Senate
Bill No. 319
The motion prevailed.
The following bill was read a third time:
House Bill No. 4850, entitled
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
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll
Call No. 206 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The question being on concurring in the committee
recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to codify, revise, consolidate, and
classify the laws relating to mental health; to prescribe the powers and duties
of certain state and local agencies and officials and certain private agencies
and individuals; to regulate certain agencies and facilities providing mental
health or substance use disorder services; to provide for certain charges and
fees; to establish civil admission procedures for individuals with mental
illness, substance use disorder, or developmental disability; to establish
guardianship procedures for individuals with developmental disability; to
establish procedures regarding individuals with mental illness, substance use
disorder, or developmental disability who are in the criminal justice system;
to provide for penalties and remedies; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4853, entitled
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
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll
Call No. 207 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to protect and promote the public
health; to codify, revise, consolidate, classify, and add to the laws relating
to public health; to provide for the prevention and control of diseases and
disabilities; to provide for the classification, administration, regulation,
financing, and maintenance of personal, environmental, and other health
services and activities; to create or continue, and prescribe the powers and
duties of, departments, boards, commissions, councils, committees, task forces,
and other agencies; to prescribe the powers and duties of governmental entities
and officials; to regulate occupations, facilities, and agencies affecting the
public health; to regulate health maintenance organizations and certain third
party administrators and insurers; to provide for the imposition of a
regulatory fee; to provide for the levy of taxes against certain health
facilities or agencies; to promote the efficient and economical delivery of
health care services, to provide for the appropriate utilization of health care
facilities and services, and to provide for the closure of hospitals or
consolidation of hospitals or services; to provide for the collection and use
of data and information; to provide for the transfer of property; to provide
certain immunity from liability; to regulate and prohibit the sale and offering
for sale of drug paraphernalia under certain circumstances; to provide for the
implementation of federal law; to provide for penalties and remedies; to provide
for sanctions for violations of this act and local ordinances; to provide for
an appropriation and supplements; to repeal certain acts and parts of acts; to
repeal certain parts of this act; and to repeal certain parts of this act on
specific dates,”.
The Senate agreed to the full title.
The following bill was read a third time:
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
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll
Call No. 208 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to require persons convicted of
certain offenses to register; to prohibit certain individuals from engaging in
certain activities within a student safety zone; to prescribe the powers and
duties of certain departments and agencies in connection with that
registration; and to prescribe fees, penalties, and sanctions,”.
The Senate agreed to the full title.
The following bill was read a third time:
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 question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll
Call No. 209 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
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 Senate agreed to the full title.
The following bill was read a third time:
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 question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll
Call No. 210 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
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
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll
Call No. 211 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The question being on concurring in the committee
recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to provide for the registration,
titling, sale, transfer, and regulation of certain vehicles operated upon the
public highways of this state or any other place open to the general public or
generally accessible to motor vehicles and distressed vehicles; to provide for
the licensing of dealers; to provide for the examination, licensing, and
control of operators and chauffeurs; to provide for the giving of proof of
financial responsibility and security by owners and operators of vehicles; to
provide for the imposition, levy, and collection of specific taxes on vehicles,
and the levy and collection of sales and use taxes, license fees, and permit
fees; to provide for the regulation and use of streets and highways; to create
certain funds; to provide penalties and sanctions for a violation of this act;
to provide for civil liability of manufacturers, the manufacturers of certain
devices, the manufacturers of automated technology, upfitters, owners, and
operators of vehicles and service of process on residents and nonresidents; to
regulate the introduction and use of certain evidence; to regulate and certify
the manufacturers of certain devices; to provide for approval and certification
of installers and servicers of certain devices; to provide for the levy of
certain assessments; to provide for the enforcement of this act; to provide for
the creation of and to prescribe the powers and duties of certain state and
local agencies; to impose liability upon the state or local agencies; to
provide appropriations for certain purposes; to repeal all other acts or parts
of acts inconsistent with this act or contrary to this act; and to repeal
certain parts of this act on a specific date,”.
The Senate agreed to the full title.
The following bill was read a third time:
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 question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll
Call No. 212 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
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 Senate agreed to the full title.
The following bill was read a third time:
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
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll
Call No. 213 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
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
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll
Call No. 214 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
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 Senate agreed to the full title.
Recess
Senator MacGregor moved that the Senate recess
subject to the call of the Chair.
The motion prevailed, the time being 12:31
p.m.
The Senate was called to order by the
President pro tempore, Senator Nesbitt.
The following bill was read a third time:
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
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll
Call No. 215 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The Senate agreed to the title of the bill.
The following bill was read a third time:
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
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll
Call No. 216 Yeas—36
Alexander Geiss MacDonald Runestad
Ananich Hertel MacGregor Santana
Bayer Hollier McBroom Schmidt
Bizon Horn McCann Shirkey
Brinks Irwin McMorrow Stamas
Bullock Johnson Moss Theis
Bumstead LaSata Nesbitt Victory
Chang Lauwers Outman Wojno
Daley Lucido Polehanki Zorn
Nays—2
Barrett VanderWall
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 319, entitled
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
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll
Call No. 217 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: Nesbitt
The Senate agreed to the title of the bill.
By unanimous consent the Senate returned to
the order of
Conference Reports
Senator
MacGregor moved that Joint Rule 9 be suspended to permit immediate
consideration of the conference report relative to the following bill:
House Bill No. 4242
The motion
prevailed, a majority of the members serving voting therefor.
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.
The
House of Representatives has adopted the report of the Committee of Conference
and ordered that it be given immediate effect.
The
Conference Report was read as follows:
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,
The first conference report was adopted, a
majority of the members serving voting therefor, as follows:
Roll Call No. 218 Yeas—21
Bizon Lauwers Nesbitt Stamas
Bumstead Lucido Outman Theis
Daley MacDonald Runestad VanderWall
Horn MacGregor Schmidt Victory
Johnson McBroom Shirkey Zorn
LaSata
Nays—17
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Barrett Geiss McCann Santana
Bayer Hertel McMorrow Wojno
Brinks
Excused—0
Not
Voting—0
In The Chair: Nesbitt
Senator
MacGregor moved that the bill be given immediate effect.
The
motion prevailed, 2/3 of the members serving voting therefor.
Protests
Senators
Polehanki, Hollier, Hertel, Geiss, Alexander, Ananich, Wojno, Bayer, Moss,
Chang, Brinks, Santana, Bullock and Irwin, under their constitutional right of
protest (Art. 4, Sec. 18), protested against the adoption of the first
conference report on House Bill No. 4242 and moved that the statements they
made during the discussion of the conference report be printed as their reasons
for voting “no.”
The
motion prevailed.
Senator
Polehanki’s statement, in which Senator Hollier concurred, is as follows:
I rise today to explain why I will vote “no”
on the K-12 education budget.
I left the classroom after 19 years because I
thought that, as a Senator, I could right the grievous wrong that has been done
to Michigan’s public school districts over the past decade. I became a Senator
because I was tired of taking students to a computer lab in which, at any
given time, a third of the computers were broken. You see, we were told we had
to consolidate our IT department to save money and because the repair
technician was now busy serving other schools, he would get to us when he
could. I was tired of having to unlock the library—which was closed most of the
time—and act as the librarian, checking books out to kids myself, because our
librarian had long ago been cut.
I was tired of watching a couple of boys in my
class try to teach themselves new chords on their guitars because the guitar
class they loved the year before had been eliminated due to budget cuts. I was
tired of watching my young teaching colleagues leave work each day to go to
their second jobs in factories or delivering groceries to people’s doorsteps. I
came here to try to stop the cuts that have decimated our schools and that have
decimated our schools and that have exhausted the best and the brightest
teachers, and to demand that we do more for our kids.
In the House of Representatives, they call
this K-12 education budget a very healthy budget. I strongly disagree. This
budget doesn’t come close to fixing our school-funding problem, which is among
the worst in the nation. I hear other legislators say this budget will provide
an historic amount of funding for our schools. I’m sorry but this is smoke and
mirrors. This budget isn’t historic funding. This budget is the same old, same
old. While there is a technical boost to raw dollar funding, the dire reality
is that it isn’t nearly enough to keep up with inflation’s true impact on our
schools’ budgets.
All this budget does is continue to starve our
schools of the resources they need to prepare our kids for the future. To say
this budget is an historic amount of funding is like giving an old
skin-and-bones dog a few extra kibbles in its food bowl each year and then
turning around and boasting of feeding it an historic amount of dog food. The
dog is still starving. Our schools are still starving.
I don’t know if we will right a grievous wrong
today, but I will continue to fight for students and teachers who deserve so
much better than this. They really, really do and I hope that they get it
today. I urge my colleagues to vote “no” on this bill.
Senator Hertel’s statement, in which Senators
Geiss, Alexander, Ananich, Wojno, Bayer, Moss, Chang, Brinks, Santana and
Bullock concurred, is as follows:
I rise to give my “no” vote explanation for
House Bill No. 4242.
I appreciate the work that has been done by my
colleagues on the committee, I appreciate the work that’s been done by Chairman
Stamas, and I appreciate the changes that have made the bill better. What I
reject is the messaging that this budget is a revolutionary answer to the
underfunding of our schools. I hear the rhetoric of record budgets. Record
budgets are the participation medal from serving in this body. Every
legislature in Michigan history has been able to say they’ve had a record
budget. Inflation provides the record. A dying man on his death bed has
breathed his record-most breaths. Now I doubt it’s much comfort to him.
We were all elected to
solve problems, not to set records, not to spike footballs. We were elected to
solve the problems of the communities we serve. We can compromise, but we
cannot compromise our values. The value that every child everywhere in Michigan
deserves the right to a quality education – that is a value that we cannot
compromise on. So since this budget is nothing more than a continuation budget
– when you look at it in terms of inflation – we must ask ourselves “what are
we trying to solve and what does ‘good’ look like?”
Last year in Michigan we
were 35th in fourth-grade reading, 38th in fourth-grade math, 44th among poor
students’ results. We ranked last in every single category among our Midwest
states. Every single category. Why would we want a status quo budget knowing
what the results have been? Why wouldn’t we insist on real investment?
Colleagues, we paid for a study of what it costs to educate our kids. We paid
for that study and we are woefully falling behind, and this budget continues woefully
falling behind of what those numbers are.
Our children, Michigan’s future, deserve
better. I, for one, refuse to compromise on that. This bill is no compromise at
all. It is just a compromise to our own futures. I ask my colleagues to vote “no”
on this conference report.
Senator
Irwin’s statement is as follows:
I rise
to explain my “no” vote on this bill because I came to this chamber with public
education as my top priority and this bill does not make education a top
priority in this state.
Education
is the bedrock of our economic development and our future prosperity here in
Michigan. We’ve heard how important it is to teachers and to families. We’ve
heard from educators who say we’re not doing enough. We’ve also heard from
business leaders who say that they can’t find talented employees and they want
Michigan to be a top-ten state in public education. But if you listen to my
good colleague from East Lansing just a moment ago, he explained to you
that Michigan is not a top-ten state. We are lagging far behind our
competition. Michigan isn’t even threatening to get into the top ten in any of
the categories that are important to our kids’ education. In fact, we’re in the
bottom quartile in almost every category.
This
budget continues to check Michigan out of the competition for good jobs and
prosperity in the future. This continues our race to the bottom; that’s not a
competition we want to win. Instead, we need to make schools a priority. K-12
schools in this budget are going to get about 25 percent less money in
inflation-adjusted dollars than they were getting 15 years ago when our schools
were already struggling to compete. Yet, this Legislature is continuing to ask
educators, parents, students, and our school boards to do more with less. I think
it’s time that the Legislature stop taking credit for the sunrise—of course the
budget is a little bit higher than it was last year. We continue to fall
behind. Costs continue to go up.
There’s
a great proverb that many of you have probably heard before which goes like
this, “A society grows great when old people plant trees whose shade they will
never sit in.” It’s time that this Legislature get wise. We need to start
planting trees. We need to start building our economic future—building for
future prosperity—and this budget continues the pattern of checking Michigan
out of the competition for innovation and good jobs of the future.
I
think it’s a mistake and I will be voting “no.”
Senator
Bayer, under her constitutional right of protest (Art. 4, Sec. 18), protested
against the adoption of the first conference report on House Bill No. 4242.
Senator
Bayer’s statement is as follows:
I just
want to take a moment to express how sorely disappointed we are with this work.
To come up with a budget that is still less money than was spent here decades
ago and find that to be acceptable tells us that we’re not doing our job
adequately. It’s just not enough money to get our schools to where we all know
they need to go. The money is also not being allocated in a way that makes the
most of it. When we take an allocation model that puts every school at an
increase that is less than inflation when we know we could do that better is
worse than disappointing. This is very distressing.
The
funding model that the Governor proposed is backed by research, by our own
school funding resource collaborative by Michigan State University, and by
practice in schools across the country. For us to continue to ignore the modern
way that schools are funded, that kids are taken care of, that’s our lack. That’s
our fault for not doing that. That’s our job—to do the best we can for our
children every day. We’ll keep working on this until we get there. That’s our
responsibility. That’s why we’re here.
Let’s
hold ourselves accountable to do a better job next time.
The
motion prevailed.
Senator
Schmidt’s statement is as follows:
Before
us today is a bipartisan School Aid Fund budget that once again sets record
funding for Michigan schools. The budget presented today is one based on
current revenues and not a $2.5 billion tax increase that didn’t have support.
We are increasing spending on our students and teachers by almost $425 million
for a total of more than $15 billion. This budget increases the foundation
allowance by up to $240 per pupil, which includes the “2X” formula which is
working to close the gap between our lowest- and highest-funded schools. It
increases spending on special education by nearly $60 million. It triples the
number of literacy coaches, helping our children to excel at reading. It
increases preschool funding by nearly $5 million.
This
budget was passed with overwhelming, bipartisan support by our colleagues in
the House of Representatives. Mr. President, it is said that a budget is a
statement of priorities. The statement made by this budget is that this body’s
priority is giving the students of Michigan the resources they need to succeed.
I ask
for my colleagues’ support and to vote “yes” for Michigan students.
By
unanimous consent the Senate returned to the order of
Resolutions
Senator
MacGregor moved that consideration of the following resolutions be postponed
for today:
Senate Resolution No. 30
Senate Resolution No. 38
Senate Resolution No. 49
The
motion prevailed.
Senate Resolution No. 78.
A resolution to recognize September 22-28,
2019, as Michigan Rail Safety Week.
Whereas, The state of Michigan is a leader in
supporting highway-rail grade crossing and pedestrian safety programs; and
Whereas, Highway-rail grade crossing crashes
are more severe than highway collisions and are more likely to result in death
or injury; and
Whereas, In 2018, Michigan’s highway-rail
grade crossing crashes resulted in one person killed and fifteen people
injured; and
Whereas, Also in 2018, Michigan’s
pedestrian/railroad trespass incidents on railroad property resulted in six
people killed and six people injured; and
Whereas, Collisions between trains and other
motor vehicles or pedestrians can be prevented by increasing public awareness
of the dangers at railroad crossings and properties, as well as appropriate
safety laws; and
Whereas, Operation Lifesaver is the foremost
public information and education program dedicated to preventing highway-rail
grade crossing crashes and pedestrian/railroad trespass incidents; and
Whereas, Michigan motorists and pedestrians
are encouraged to seek proper caution when near tracks and trains; now,
therefore, be it
Resolved by the Senate, That we recognize
September 22-28, 2019, as Michigan Rail Safety Week; and be it further
Resolved, That we acknowledge the importance
of improving awareness of rail safety by ensuring pedestrians and motorists
look and listen while near railways. By informing the general public about
obeying established traffic laws, we can help prevent future incidents.
Senator
MacGregor moved that the rule be suspended.
The
motion prevailed, a majority of the members serving voting therefor.
Senator
Johnson was named co-sponsor of the resolution.
The
motion prevailed.
Senator
Bizon’s statement is as follows:
Senate
Resolution No. 78 will recognize September 22-28 as Rail Safety Week in
Michigan.
Michigan
is a leader in supporting highway-rail grade crossings and pedestrian safety
programs. Auto train crashes are much more severe than highway collisions most
often and they are likely to be resulting in death and injury. Collisions
between trains and motor vehicles or pedestrians could often times be prevented
with increased public awareness of the dangers of crossings and around railroad
property. This resolution recognizes the importance of several things:
improving awareness of the rail lines and rail safety, educating and informing
the general public about rail safety, reminding everyone that railroad rights-of-way
are private property, enhancing public
awareness of the dangers associated with train crossings, and ensuring
pedestrians and motorists are looking and listening while near railways.
I thank you for your support of this resolution.
Senate Resolution No. 75.
A resolution to recognize September 22-29, 2019, as Michigan Trails
Week.
The question being on the adoption of the resolution,
The resolution was adopted.
Senate Concurrent Resolution No.
13.
A concurrent resolution of tribute offered as a memorial for Bill S.
Huffman, former member of the House of Representatives and the Senate.
(For text of resolution, see Senate Journal No. 87, p. 928.)
The House of Representatives has adopted the
concurrent resolution. The Speaker and the entire membership of
the House of Representatives were named co-sponsors.
The concurrent resolution was referred to the Secretary for record.
Introduction and Referral of Bills
Senate Bill No. 533, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by
amending section 529 (MCL 750.529), as amended by 2004 PA 128.
The bill was read a first and second time by title and referred to the
Committee on Judiciary and Public Safety.
House Bill No. 4370, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 16213, 16299, 20175, 20175a, and 20199 (MCL
333.16213, 333.16299, 333.20175, 333.20175a, and 333.20199), sections 16213 and
20175a as added and section 20175 as amended by 2006 PA 481 and section 16299
as amended by 2012 PA 499, and by adding sections 16213a, 16429, 17029, 17529,
17829, 17909, and 20175b.
The House of Representatives has passed the
bill and ordered that it be given immediate effect.
The bill was read a first and second time by
title and referred to the Committee on Government Operations.
Statements
The motion prevailed.
Senator
McBroom’s statement is as follows:
I must speak with you today, Mr. President,
out of great concern for a very defamatory article one of my colleagues
published yesterday. I’m greatly hurt and offended by the personal
disparagement of my character and integrity. This member, with one other House
colleague, directly implied that I, along with two of my esteemed U.P. House
colleagues, don’t have the mental prowess – the state of mind – to reach our
own conclusions on an issue, or have the fidelity to our oaths for the best
interests of this state when it comes to importance of Line 5. Finally, the
article infers that we care more about money and special interests than
protecting our citizens or the Great Lakes.
While the authors derisively referred to the
opinion piece my colleagues and I wrote, they do nothing to repudiate the
arguments we made. Their piece disregards the arguments about the tens of
thousands of jobs tied to Line 5 across the state; they disregard the needed
products produced by thousands of workers across southeast Michigan, Ohio, and
Canada; and they ignore the vital service the line gives to our oil and gas
industries all across Michigan.
The authors speak out of concern about facts
of rust and how nothing lasts forever, and then go on to mention how long the
line has lasted. They falsely allege that the current pipeline is in poor
condition – something that no study has shown. They insist that viable alternatives
are just around the corner, by this new task force, even though the task force
is the third or fourth task force and study we’ve had looking for solutions to
our issue. And you know what? They discovered that a tunnel was one of the best
options for the future. And that didn’t come from Enbridge, it came from
Michigan Tech University. These are the effective—both economically and
technically—alternatives that we have. A tunnel or rebuilding the lines that we
have. Not trucks, not trains. Their article doesn’t say anything about the fact
that we lived through this nightmare of the winter of 2014. They don’t discuss
that. They don’t repudiate that. Just blow that over and accuse me of having no
mental capacity to consider it.
Instead the only argument they really made to
the technical aspect is on the U.P. propane situation. They talk about how it
is only .25 percent of the overall capacity of the line, so therefore we don’t
need it. Well, excuse the U.P. residents for being one of the largest users of
propane in the country. Excuse the state of Michigan for being the largest user
of propane for residences in the country. We need that energy. But let’s
disregard the U.P. for a few seconds here – I’m the only one after all. Cheer
for the Packers. I guess that’s a reason to disregard those of us who live
there.
The facts are that we have so many more vital
arguments for the existence of Line 5 that to somehow repudiate our arguments
with only one issue is insulting and wrong. You want to talk about dismissive,
talk about how they refer to the Attorney General and her great work on this
issue. Oh she’s really fighting for the people of Michigan – except for those
of us who need Line 5, I guess. The tens of thousands of jobs, the jet fuel at
Detroit Metro Airport. And then the Attorney General boils it all down to “oh
they shouldn’t be worried about this in the U.P. It’s only the cost of a couple
of pasties.” Oh thanks a lot for the ethnically insensitive remarks, Attorney
General Nessel. We could compare it to some other ethnic food from around the
state too, I guess, because we are going to be losing jobs in Detroit, losing
jobs in Dow, losing the oil jobs up north. Let’s find some other ethnic foods
to compare how much more it’s going to cost and disregard the poverty across
the U.P.
I’m outraged at the lack of persistent
attachment to facts on this issue and instead of “well, let’s bring up global
warming. We’ve got to stop Line 5 because of global warming. Oh, in ten years
we’ll have everything Green New Deal energy.” I guess we are going to find that
magic money pot along with the magic money that we are supposed to be getting
for everything else around here.
Senator Hollier’s statement is as follows:
If I could have my colleagues’ indulgence, I’d
like to tell a personal story. When I was ten years old, my father sat me down
and told me I could never be a firefighter. He said I didn’t have that very
incredible thing that was required to bring me home. I was always going to
leave. He’d always say the most difficult decision he could ever make—that any
firefighter had to make—was that they were coming home. They had to decide that
there were some people they could save and some people they couldn’t. The
reason I tell you this story is because my dad has been the most important
person in my life, my entire life. I try my best to tell him that as frequently
as I can. Something many of you don’t know or may just recently have known is
that Representative Tate and I share a lot in common. We both played football,
though he was better and taller and all those kind of things. Both of our
fathers were Detroit firefighters. A couple years before my dad told me I could
never be a firefighter because he wasn’t confident that I would be able to make
the decisions to come home, Representative Tate lost his father. He lost his
father in 1991 while fighting a structure fire. It is something that is all too
common and something that has been particularly on my heart in light of 9/11
and the discussion about first responders and as we still continue to grapple
with their pensions and all these other issues. I have a blueback on my desk
for a memorial highway designation which I would love all of your support on.
Before I leave, I’d like to share the prayer
that my father used to read to me at night when he’d come home. It’s called the
Firefighters Prayer. It says,
When I am called to duty, God, wherever flames may rage, give me
strength to save a life, whatever be its age. Help me embrace a little child
before it is too late, or save an older person from the horror of that fate.
Enable me to be alert and hear the weakest shout, and quickly and efficiently
to put the fire out. I want to fill my calling to give the best in me, to guard
my friend and neighbor and protect his property. And if according to Your will
I must answer death’s call, bless with Your protecting hand my family one and
all.
It’s probably a different prayer than you pray
at home, but this is the one that I always prayed with my dad. It’s the one I
still pray with my dad because on a number of days, I just wasn’t sure.
Whenever I saw a fire, and so many folks see fire, I was always seeing people
running in and I always see the people running in. I hope as we think
about the last of our budgets as we deal with some of these things, we are
constantly reminded that there are a number of people who are running into
danger as we all run away.
Announcements of Printing and Enrollment
House Bill No. 4370
The Secretary announced that the following
bills and resolutions were printed and filed on Wednesday, September 18 and are
available on the Michigan Legislature website:
Senate
Bill Nos. 531 532
Senate
Concurrent Resolution No. 13
Senate
Resolution Nos. 75 76
House
Bill Nos. 4989 4990 4991 4992 4993 4994
The Committee on Appropriations
reported
Senate Bill No. 473, entitled
A bill to amend 1976 PA 451, entitled “The
revised school code,” by amending section 1211 (MCL 380.1211), as amended by
2012 PA 285.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett,
Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt,
Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the
Whole.
The Committee on Appropriations
reported
Senate Bill No. 474, entitled
A bill to amend 1996 PA 160, entitled “Postsecondary
enrollment options act,” by amending section 4 (MCL 388.514), as amended by
2012 PA 134.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett,
Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt, Victory,
Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the
Whole.
The Committee on Appropriations
reported
Senate Bill No. 475, entitled
A bill to amend 1984 PA 431, entitled “The
management and budget act,” by amending section 367b (MCL 18.1367b), as amended
by 2018 PA 613.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett,
Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt,
Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the
Whole.
The Committee on Appropriations
reported
Senate Bill No. 476, entitled
A bill to amend 2000 PA 258, entitled “Career
and technical preparation act,” by amending section 4 (MCL 388.1904), as
amended by 2012 PA 133.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett,
Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt,
Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the
Whole.
The Committee on Appropriations
reported
Senate Bill No. 530, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 5501 and 5522
(MCL 324.5501 and 324.5522), section 5501 as amended by 1998 PA 245 and section
5522 as amended by 2015 PA 60.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett,
Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt,
Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the
Whole.
The Committee on Appropriations
reported
House Bill No. 4850, entitled
A bill to amend 1974 PA 258, entitled “Mental
health code,” by amending section 139 (MCL 330.1139), as amended by 2015 PA 59.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett,
Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt,
Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the
Whole.
The Committee on Appropriations
reported
House Bill No. 4853, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 2891 (MCL 333.2891), as amended by 2013 PA
136.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett,
Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt,
Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the
Whole.
The Committee on Appropriations
reported
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.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett,
Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt,
Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the
Whole.
The Committee on Appropriations
reported
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.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett,
Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt,
Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the
Whole.
The Committee on Appropriations
reported
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.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett, Bizon,
LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt, Victory,
Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the
Whole.
The Committee on Appropriations
reported
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.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett,
Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt,
Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the
Whole.
The Committee on Appropriations
reported
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.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett,
Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt,
Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the
Whole.
The Committee on Appropriations
reported
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.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett,
Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt,
Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the
Whole.
The Committee on Appropriations
reported
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.
With the recommendation that the bill pass.
The committee further recommends that the bill
be given immediate effect.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett,
Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt,
Victory, Hertel, Bayer, Hollier, Irwin, McCann and Santana
Nays: None
The bill was referred to the Committee of the
Whole.
The Committee on Appropriations
reported
House Concurrent Resolution No. 9.
A concurrent resolution relative to secondary
road patrol funds for counties providing road patrol services to cities and
villages.
(For text of resolution, see Senate Journal
No. 85, p. 902.)
With the recommendation that the concurrent
resolution be adopted.
Jim
Stamas
Chairperson
To Report Out:
Yeas: Senators Stamas, Bumstead, Barrett,
Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt,
Victory, Hertel, Bayer, Hollier, McCann and Santana
Nays: Senator Irwin
The concurrent resolution was placed on the
order of Resolutions.
COMMITTEE ATTENDANCE
REPORT
The Committee on Appropriations
submitted the following:
Meeting held on Wednesday, September 18, 2019,
at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Stamas
(C), Bumstead, Barrett, Bizon, LaSata, MacDonald, MacGregor, Nesbitt, Outman, Runestad, Schmidt, Victory, Hertel, Bayer,
Hollier, Irwin, McCann and Santana
Senator MacGregor moved that the Senate
adjourn.
The motion prevailed, the time being 1:17 p.m.
The President pro tempore, Senator Nesbitt,
declared the Senate adjourned until Tuesday, September 24, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate