Bill Text: MI HB4063 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Education; public school academies; community college to act as authorizing body for charter schools in first class school district; allow. Amends secs. 502 & 1311d of 1976 PA 451 (MCL 380.502 & 380.1311d).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-01-27 - Printed Bill Filed 01/23/2009 [HB4063 Detail]

Download: Michigan-2009-HB4063-Introduced.html

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HOUSE BILL No. 4063

 

January 22, 2009, Introduced by Rep. Lemmons and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 502 and 1311d (MCL 380.502 and 380.1311d),

 

section 502 as amended by 1995 PA 289 and section 1311d as added by

 

1999 PA 23.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 502. (1) A public school academy shall be organized and

 

administered under the direction of a board of directors in

 

accordance with this part and with bylaws adopted by the board of

 

directors. A public school academy corporation shall be organized

 

under the nonprofit corporation act, Act No. 162 of the Public Acts

 

of 1982, being sections 450.2101 to 450.3192 of the Michigan

 

Compiled Laws 1982 PA 162, MCL 450.2101 to 450.3192, except that a

 

public school academy corporation is not required to comply with

 

sections 170 to 177 of Act No. 327 of the Public Acts of 1931,

 

being sections 450.170 to 450.177 of the Michigan Compiled Laws

 

1931 PA 327, MCL 450.170 to 450.177. To the extent disqualified

 

under the state or federal constitution, a public school academy

 

shall not be organized by a church or other religious organization

 

and shall not have any organizational or contractual affiliation

 

with or constitute a church or other religious organization.

 

     (2) Any of the following may act as an authorizing body to

 

issue a contract to organize and operate 1 or more public school

 

academies under this part:

 

     (a) The board of a school district that operates grades K to

 

12. However, the board of a school district shall not issue a

 

contract for a public school academy to operate outside the school

 

district's boundaries, and a public school academy authorized by

 

the board of a school district shall not operate outside that

 

school district's boundaries.

 

     (b) An intermediate school board. However, the board of an

 

intermediate school district shall not issue a contract for a

 

public school academy to operate outside the intermediate school

 

district's boundaries, and a public school academy authorized by

 

the board of an intermediate school district shall not operate

 

outside that intermediate school district's boundaries.

 

     (c) The board of a community college. However, except as

 

otherwise provided in this subdivision, the board of a community

 

college shall not issue a contract for a public school academy to

 

operate in a school district organized as a school district of the

 

first class, a public school academy authorized by the board of a

 

community college shall not operate in a school district organized

 

as a school district of the first class, the board of a community

 

college shall not issue a contract for a public school academy to

 

operate outside the boundaries of the community college district ,

 

and a public school academy authorized by the board of a community

 

college shall not operate outside the boundaries of the community

 

college district. The board of a community college also may issue a

 

contract for not more than 1 public school academy to operate on

 

the grounds of an active or closed federal military installation

 

located outside the boundaries of the community college district,

 

or may operate a public school academy itself on the grounds of

 

such a federal military installation, if the federal military

 

installation is not located within the boundaries of any community

 

college district and the community college has previously offered

 

courses on the grounds of the federal military installation for at

 

least 10 years.

 

     (d) The governing board of a state public university. However,

 

the combined total number of contracts for public school academies

 

issued by all state public universities shall not exceed 85 through

 

1996, and, after the initial evaluation under section 501a, shall

 

not exceed 100 through 1997, 125 through 1998, or 150 thereafter.

 

Further, the total number of contracts issued by any 1 state public

 

university shall not exceed 50 through 1996, and thereafter shall

 

not exceed 50% of the maximum combined total number that may be

 

issued under this subdivision.

 

     (3) To obtain a contract to organize and operate 1 or more

 

public school academies, 1 or more persons or an entity may apply

 

to an authorizing body described in subsection (2). The application

 

shall include at least all of the following:

 

     (a) Identification of the applicant for the contract.

 

     (b) Subject to the resolution adopted by the authorizing body

 

under section 503(4) 503, a list of the proposed members of the

 

board of directors of the public school academy and a description

 

of the qualifications and method for appointment or election of

 

members of the board of directors.

 

     (c) The proposed articles of incorporation, which shall

 

include at least all of the following:

 

     (i) The name of the proposed public school academy.

 

     (ii) The purposes for the public school academy corporation.

 

This language shall provide that the public school academy is

 

incorporated pursuant to this part and that the public school

 

academy corporation is a governmental entity.

 

     (iii) The name of the authorizing body.

 

     (iv) The proposed time when the articles of incorporation will

 

be effective.

 

     (v) Other matters considered expedient to be in the articles

 

of incorporation.

 

     (d) A copy of the proposed bylaws of the public school

 

academy.

 

     (e) Documentation meeting the application requirements of the

 

authorizing body, including at least all of the following:

 

     (i) The governance structure of the public school academy.

 

     (ii) A copy of the educational goals of the public school

 

academy and the curricula to be offered and methods of pupil

 

assessment to be used by the public school academy. To the extent

 

applicable, the progress of the pupils in the public school academy

 

shall be assessed using at least a Michigan education assessment

 

program (MEAP) test or an assessment instrument developed under

 

section 1279 for a state-endorsed high school diploma or 1279g.

 

     (iii) The admission policy and criteria to be maintained by the

 

public school academy. The admission policy and criteria shall

 

comply with section 504. This part of the application also shall

 

include a description of how the applicant will provide to the

 

general public adequate notice that a public school academy is

 

being created and adequate information on the admission policy,

 

criteria, and process.

 

     (iv) The school calendar and school day schedule.

 

     (v) The age or grade range of pupils to be enrolled.

 

     (f) Descriptions of staff responsibilities and of the public

 

school academy's governance structure.

 

     (g) For an application to the board of a school district, an

 

intermediate school board, or board of a community college,

 

identification of the local and intermediate school districts in

 

which the public school academy will be located.

 

     (h) An agreement that the public school academy will comply

 

with the provisions of this part and, subject to the provisions of

 

this part, with all other state law applicable to public bodies and

 

with federal law applicable to public bodies or school districts.

 

     (i) For a public school academy authorized by a school

 

district, an assurance that employees of the public school academy

 

will be covered by the collective bargaining agreements that apply

 

to other employees of the school district employed in similar

 

classifications in schools that are not public school academies.

 

     (j) A description of and address for the proposed physical

 

plant in which the public school academy will be located.

 

     (4) An authorizing body shall oversee, or shall contract with

 

an intermediate school district, community college, or state public

 

university to oversee, each public school academy operating under a

 

contract issued by the authorizing body. The oversight shall be

 

sufficient to ensure that the authorizing body can certify that the

 

public school academy is in compliance with statute, rules, and the

 

terms of the contract.

 

     (5) If the state board superintendent of public instruction

 

finds that an authorizing body is not engaging in appropriate

 

continuing oversight of 1 or more public school academies operating

 

under a contract issued by the authorizing body, the state board

 

superintendent of public instruction may suspend the power of the

 

authorizing body to issue new contracts to organize and operate

 

public school academies. A contract issued by the authorizing body

 

during the suspension is void. A contract issued by the authorizing

 

body before the suspension is not affected by the suspension.

 

     (6) An authorizing body shall not charge a fee, or require

 

reimbursement of expenses, for considering an application for a

 

contract, for issuing a contract, or for providing oversight of a

 

contract for a public school academy in an amount that exceeds a

 

combined total of 3% of the total state school aid received by the

 

public school academy in the school year in which the fees or

 

expenses are charged. An authorizing body may provide other

 

services for a public school academy and charge a fee for those

 

services, but shall not require such an arrangement as a condition

 

to issuing the contract authorizing the public school academy.

 

     (7) A public school academy shall be presumed to be legally

 

organized if it has exercised the franchises and privileges of a

 

public school academy for at least 2 years.

 

     Sec. 1311d. (1) A strict discipline academy shall be organized

 

and administered under the direction of a board of directors in

 

accordance with sections 1311b to 1311l and with bylaws adopted by

 

the board of directors. A strict discipline academy corporation

 

created to operate a strict discipline academy shall be organized

 

under the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to

 

450.3192, except that the strict discipline academy corporation is

 

not required to comply with sections 170 to 177 of 1931 PA 327, MCL

 

450.170 to 450.177. To the extent disqualified under the state or

 

federal constitution, a strict discipline academy shall not be

 

organized by a church or other religious organization and shall not

 

have any organizational or contractual affiliation with or

 

constitute a church or other religious organization.

 

     (2) Any of the following may act as an authorizing body to

 

issue a contract to organize and operate 1 or more strict

 

discipline academies under sections 1311b to 1311l:

 

     (a) The board of a school district that operates grades K to

 

12. However, the board of a school district shall not issue a

 

contract for a strict discipline academy to operate outside the

 

school district's boundaries, and a strict discipline academy

 

authorized by the board of a school district shall not operate

 

outside that school district's boundaries.

 

     (b) An intermediate school board. However, the board of an

 

intermediate school district shall not issue a contract for a

 

strict discipline academy to operate outside the intermediate

 

school district's boundaries, and a strict discipline academy

 

authorized by the board of an intermediate school district shall

 

not operate outside that intermediate school district's boundaries.

 

     (c) The board of a community college. However, except as

 

otherwise provided in this subdivision, the board of a community

 

college shall not issue a contract for a strict discipline academy

 

to operate in a school district organized as a school district of

 

the first class, a strict discipline academy authorized by the

 

board of a community college shall not operate in a school district

 

organized as a school district of the first class, the board of a

 

community college shall not issue a contract for a strict

 

discipline academy to operate outside the boundaries of the

 

community college district , and a strict discipline academy

 

authorized by the board of a community college shall not operate

 

outside the boundaries of the community college district. The board

 

of a community college also may issue a contract for not more than

 

1 strict discipline academy to operate on the grounds of an active

 

or closed federal military installation located outside the

 

boundaries of the community college district, or may operate a

 

strict discipline academy itself on the grounds of such a federal

 

military installation, if the federal military installation is not

 

located within the boundaries of any community college district and

 

the community college has previously offered courses on the grounds

 

of the federal military installation for at least 10 years.

 

     (d) The governing board of a state public university.

 

     (3) To obtain a contract to organize and operate 1 or more

 

strict discipline academies, 1 or more persons or an entity may

 

apply to an authorizing body described in subsection (2). The

 

application shall include at least all of the following:

 

     (a) Identification of the applicant for the contract.

 

     (b) Subject to the resolution adopted by the authorizing body

 

under section 1311e, a list of the proposed members of the board of

 

directors of the strict discipline academy and a description of the

 

qualifications and method for appointment or election of members of

 

the board of directors.

 

     (c) The proposed articles of incorporation, which shall

 

include at least all of the following:

 

     (i) The name of the proposed strict discipline academy.

 

     (ii) The purposes for the strict discipline academy corporation

 

that will operate the strict discipline academy. This language

 

shall provide that the strict discipline academy is established

 

pursuant to sections 1311b to 1311l and that the strict discipline

 

academy corporation is a governmental entity.

 

     (iii) The name of the authorizing body.

 

     (iv) The proposed time when the articles of incorporation will

 

be effective.

 

     (v) Other matters considered expedient to be in the articles

 

of incorporation.

 

     (d) A copy of the proposed bylaws of the strict discipline

 

academy.

 

     (e) Documentation meeting the application requirements of the

 

authorizing body, including at least all of the following:

 

     (i) The governance structure of the strict discipline academy.

 

     (ii) A copy of the educational goals of the strict discipline

 

academy and the curricula to be offered and methods of pupil

 

assessment to be used by the strict discipline academy. To the

 

extent applicable, the progress of the pupils in the strict

 

discipline academy shall be assessed using at least a Michigan

 

education assessment program (MEAP) test or an assessment

 

instrument developed under section 1279 for a state-endorsed high

 

school diploma or 1279g.

 

     (iii) The admission policy and criteria to be maintained by the

 

strict discipline academy. The admission policy and criteria shall

 

comply with section 1311g. This part of the application also shall

 

include a description of how the applicant will provide to the

 

general public adequate notice that a strict discipline academy is

 

being created and adequate information on the admission policy,

 

criteria, and process.

 

     (iv) The school calendar and school day schedule.

 

     (v) The age or grade range of pupils to be enrolled.

 

     (vi) The type of pupils to be enrolled in the strict discipline

 

academy, as described in section 1311g(3) and (4).

 

     (f) Descriptions of staff responsibilities and of the strict

 

discipline academy's governance structure.

 

     (g) For an application to the board of a school district, an

 

intermediate school board, or board of a community college,

 

identification of the local and intermediate school districts in

 

which the strict discipline academy will be located.

 

     (h) An agreement that the strict discipline academy will

 

comply with the provisions of sections 1311b to 1311l and, subject

 

to the provisions of these sections, with all other state law

 

applicable to public bodies and with federal law applicable to

 

public bodies or school districts.

 

     (i) For a strict discipline academy authorized by a school

 

district, an assurance that employees of the strict discipline

 

academy will be covered by the collective bargaining agreements

 

that apply to other employees of the school district employed in

 

similar classifications in schools that are not strict discipline

 

academies.

 

     (j) A description of and address for the proposed physical

 

plant in which the strict discipline academy will be located.

 

     (4) An authorizing body shall oversee, or shall contract with

 

an intermediate school district, community college, or state public

 

university to oversee, each strict discipline academy operating

 

under a contract issued by the authorizing body. The oversight

 

shall be sufficient to ensure that the authorizing body can certify

 

that the strict discipline academy is in compliance with statute,

 

rules, and the terms of the contract.

 

     (5) If the state board superintendent of public instruction

 

finds that an authorizing body is not engaging in appropriate

 

continuing oversight of 1 or more strict discipline academies

 

operating under a contract issued by the authorizing body, the

 

state board superintendent of public instruction may suspend the

 

power of the authorizing body to issue new contracts to organize

 

and operate strict discipline academies. A contract issued by the

 

authorizing body during the suspension is void. A contract issued

 

by the authorizing body before the suspension is not affected by

 

the suspension.

 

     (6) An authorizing body shall not charge a fee, or require

 

reimbursement of expenses, for considering an application for a

 

contract, for issuing a contract, or for providing oversight of a

 

contract for a strict discipline academy in an amount that exceeds

 

a combined total of 3% of the total state school aid received by

 

the strict discipline academy in the school year in which the fees

 

or expenses are charged. An authorizing body may provide other

 

services for a strict discipline academy and charge a fee for those

 

services, but shall not require such an arrangement as a condition

 

to issuing the contract authorizing the strict discipline academy.

 

     (7) A strict discipline academy shall be presumed to be

 

legally organized if it has exercised the franchises and privileges

 

of a strict discipline academy for at least 2 years.