Act No. 23

Public Acts of 2020

Approved by the Governor

January 31, 2020

Filed with the Secretary of State

January 31, 2020

EFFECTIVE DATE: January 31, 2020

state of michigan

100th Legislature

Regular session of 2020

Introduced by Senators Moss and Theis

ENROLLED SENATE BILL No. 651

AN ACT to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 1231 (MCL 380.1231), as amended by 2018 PA 235, and by adding section 1230i.

The People of the State of Michigan enact:

Sec. 1230i. (1) If a school district or public school academy partners with an education management organization for a dropout recovery program as described under section 23a of the state school aid act of 1979, MCL 388.1623a, the school district or public school academy shall ensure that the education management organization provides all of the following information to the school district or public school academy on a quarterly basis:

(a) All of the following information regarding each eligible pupil enrolled in the program:

(i) The name of each eligible pupil.

(ii) How each eligible pupil is eligible under section 23a(3)(c) of the state school aid act of 1979, MCL 388.1623a.

(iii) The number of credits each eligible pupil will need to earn a diploma.

(iv) The anticipated program completion date for each eligible pupil.

(b) The names of all former eligible pupils who are no longer enrolled in the program who earned a diploma or enrolled in a public school since the last submission of information by the education management organization under this subsection.

(c) The names of all former eligible pupils who are no longer enrolled in the program who did not earn a diploma or did not enroll in a public school since the last submission of information by the education management organization under this subsection.

(d) The names of all individuals serving as teachers of record in the program and all individuals serving as advocates for eligible pupils enrolled in the program.

(2) A school district or public school academy that operates a dropout recovery program as described under section 23a of the state school aid act of 1979, MCL 388.1623a, shall annually, in a form and manner prescribed by the department, provide all of the following information to the department:

(a) The number of eligible pupils enrolled in the program.

(b) The average number of months an eligible pupil is enrolled in the program.

(d) The number of eligible pupils who ended their enrollment in the program and who enrolled in a public school during the immediately preceding school year.

(e) The average number of credit hours an eligible pupil earns in the program.

(f) A breakdown of the types of eligible pupils enrolled in the program with the breakdown based on the eligibility factors under section 23a(3)(c) of the state school aid act of 1979, MCL 388.1623a, and the number of pupils that meet each eligibility factor under section 23a(3)(c) of the state school aid act of 1979, MCL 388.1623a.

(g) The name of the education management organization that the school district or public school academy partners with for the program, if applicable.

(h) The school district’s or public school academy’s administrator or the department that oversees the program.

(i) The amount the school district or public school academy pays to the education management organization for each enrolled eligible pupil, if applicable, and additional costs or fees paid by the school district or public school academy related to the program.

(j) If the school district or public school academy partners with an education management organization for the program, a copy of the contract between the school district or public school academy and the education management organization regarding the partnership.

(3) As used in this section, “advocate”, “education management organization”, “eligible pupil”, and “teacher of record” mean those terms as defined in section 23a of the state school aid act of 1979, MCL 388.1623a.

Sec. 1231. (1) Except as otherwise provided in subsections (5) and (6), the board of a school district shall hire and contract with qualified teachers. Contracts with teachers must be in writing and signed on behalf of the school district by a majority of the board, by the president and secretary of the board, or by the superintendent of schools or an authorized representative of the board. The contracts must specify the wages agreed upon.

(2) The board of a school district shall file a teacher’s contract with the secretary of the board and shall furnish a duplicate copy of the contract to the teacher.

(3) Except as otherwise provided under this act, a contract with a teacher is not valid unless the individual holds a valid teaching certificate or is engaged to teach under section 1233b at the time the contractual period begins or the individual is engaged to teach in a community district under section 1233c. A contract terminates if the certificate expires by limitation and is not renewed immediately or if it is suspended or revoked by proper legal authority.

(4) The board of a school district, after a teacher has been employed at least 2 consecutive years by the board, may enter into a continuing contract with a certificated teacher or a teacher engaged to teach under section 1233b or, for a community district, with an individual engaged to teach in a community district under section 1233c.

(5) The board of a school district that is a community district may employ or contract for, or both, qualified teachers and other qualified instructional personnel at a public school that formerly operated as an achievement school as necessary to carry out the purposes of the community district.

(6) If a school district partners with an education management organization for a dropout recovery program as described under section 23a of the state school aid act of 1979, MCL 388.1623a, the teacher of record for that program may be employed by or contracted through the education management organization.

(7) As used in this section:

(a) “Achievement school” means a public school formerly within the education achievement system that was operated, managed, authorized, established, or overseen by the achievement authority.

(b) “Education management organization” means that term as defined in section 23a of the state school aid act of 1979, MCL 388.1623a.

(d) “Teacher of record” means that term as defined in section 23a of the state school aid act of 1979, MCL 388.1623a.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved___________________________________________

____________________________________________________

Governor