Bill Text: MI HB4226 | 2011-2012 | 96th Legislature | Introduced

Michigan House Bill 4226 (Prior Session Legislation)

Introduced

Bill Title: Labor; hours and wages; reference to repealed law; eliminate. Amends secs. 503, 523, 553 & 1311e of 1976 PA 451 (MCL 380.503 et seq.). TIE BAR WITH: HB 4224'11

Spectrum: Partisan Bill (Republican 18-0)

Status: (Introduced - Dead) 2011-02-15 - Printed Bill Filed 02/11/2011 [HB4226 Detail]

Download: Michigan-2011-HB4226-Introduced.html

HOUSE BILL No. 4226

February 10, 2011, Introduced by Reps. Jacobsen, Price, MacGregor, Tyler, Horn, Shirkey, Cotter, McMillin, Johnson, Knollenberg, Franz, Somerville, Lyons, Agema, Olson, Shaughnessy, Haveman and Lund and referred to the Committee on Oversight, Reform, and Ethics.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 503, 523, 553, and 1311e (MCL 380.503,

380.523, 380.553, and 380.1311e), sections 503, 523, and 1311e as

amended and section 553 as added by 2009 PA 205.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 503. (1) An authorizing body is not required to issue a

contract to any person or entity. Public school academy contracts

shall be issued on a competitive basis taking into consideration

the resources available for the proposed public school academy, the

population to be served by the proposed public school academy, the

educational goals to be achieved by the proposed public school

academy, and the applicant's track record, if any, in operating

public school academies or other public schools. However, an

authorizing body may give priority to a public school academy that

is intended to replace a public school academy that has been closed

pursuant to section 507(2), that will operate all of the same grade

levels as the public school academy that has been closed, and that

will work toward operating all of grades 9 to 12 within 6 years

after it begins operations unless a matriculation agreement has

been entered into with another public school that provides grades 9

to 12.

(2) If a person or entity applies to the board of a school

district for a contract to organize and operate 1 or more public

school academies within the boundaries of the school district and

the board does not issue the contract, the person or entity may

petition the board to place the question of issuing the contract on

the ballot to be decided by the school electors of the school

district. The petition shall contain all of the information

required to be in the contract application under section 502 and

shall be signed by a number of school electors of the school

district equal to at least 15% of the total number of school

electors of that school district. The petition shall be filed with

the school district filing official. If the board receives a

petition meeting the requirements of this subsection, the board

shall have the question of issuing the contract placed on the

ballot at its next regular school election held at least 60 days

after receiving the petition. If a majority of the school electors

of the school district voting on the question vote to issue the

contract, the board shall issue the contract.

(3) Within 10 days after issuing a contract for a public

school academy, the authorizing body shall submit to the

superintendent of public instruction a copy of the contract and of

the application under section 502.

(4) An authorizing body shall adopt a resolution establishing

the method of selection, length of term, and number of members of

the board of directors of each public school academy subject to its

jurisdiction.

(5) A contract issued to organize and administer a public

school academy shall contain at least all of the following:

(a) The educational goals the public school academy is to

achieve and the methods by which it will be held accountable. To

the extent applicable, the pupil performance of a public school

academy shall be assessed using at least a Michigan education

assessment program (MEAP) test or the Michigan merit examination,

as applicable.

(b) A description of the method to be used to monitor the

public school academy's compliance with applicable law and its

performance in meeting its targeted educational objectives.

during the term of the contract.

(d) All of the matters set forth in the application for the

contract.

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

district, an agreement that employees of the public school academy

will be covered by the collective bargaining agreements that apply

to employees of the school district employed in similar

classifications in schools that are not public school academies.

(f) Procedures for revoking the contract and grounds for

revoking the contract, including at least the grounds listed in

section 507.

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

plant in which the public school academy will be located. At the

time the contract is issued for a public school academy under

section 502a, the public school academy shall not be located in a

school district that has a graduation rate of over 75.5%, on

average, for the most recent 3 school years for which the data are

available, as determined by the department.

(h) Requirements and procedures for financial audits. The

financial audits shall be conducted at least annually by a

certified public accountant in accordance with generally accepted

governmental auditing principles.

(i) The term of the contract and a description of the process

and standards for renewal of the contract at the end of the term.

The standards for renewal shall include student growth as measured

by assessments and other objective criteria as a significant factor

in the decision of whether or not to renew the contract.

(6) A public school academy shall comply with all applicable

law, including all of the following:

(a) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(b) The freedom of information act, 1976 PA 442, MCL 15.231 to

15.246.

~~(d) 1965 PA 166, MCL 408.551 to 408.558.~~

(d) ~~(e)~~ Sections 1134, 1135, 1146, 1153, 1263(3), 1267, and

1274.

(7) A public school academy and its incorporators, board

members, officers, employees, and volunteers have governmental

immunity as provided in section 7 of 1964 PA 170, MCL 691.1407. An

authorizing body and its board members, officers, and employees are

immune from civil liability, both personally and professionally,

for an act or omission in authorizing a public school academy if

the authorizing body or the person acted or reasonably believed he

or she acted within the authorizing body's or the person's scope of

authority.

(8) A public school academy is exempt from all taxation on its

earnings and property. Instruments of conveyance to or from a

public school academy are exempt from all taxation including taxes

imposed by 1966 PA 134, MCL 207.501 to 207.513. A public school

academy may not levy ad valorem property taxes or another tax for

any purpose. However, operation of 1 or more public school

academies by a school district or intermediate school district does

not affect the ability of the school district or intermediate

school district to levy ad valorem property taxes or another tax.

(9) A public school academy may acquire by purchase, gift,

devise, lease, sublease, installment purchase agreement, land

contract, option, or by any other means, hold and own in its own

name buildings and other property for school purposes, and

interests therein, and other real and personal property, including,

but not limited to, interests in property subject to mortgages,

security interests, or other liens, necessary or convenient to

fulfill its purposes. For the purposes of condemnation, a public

school academy may proceed under the uniform condemnation

procedures act, 1980 PA 87, MCL 213.51 to 213.75, excluding

sections 6 to 9 of that act, MCL 213.56 to 213.59, or other

applicable statutes, but only with the express, written permission

of the authorizing body in each instance of condemnation and only

after just compensation has been determined and paid.

Sec. 523. (1) An authorizing body is not required to issue a

contract to any entity. Urban high school academy contracts shall

be issued on a competitive basis taking into consideration the

resources available for the proposed urban high school academy, the

population to be served by the proposed urban high school academy,

and the educational goals to be achieved by the proposed urban high

school academy. In evaluating if an applicant is qualified, the

authorizing body shall examine the proposed performance standards,

proposed academic program, financial viability of the applicant,

and the ability of the proposed board of directors to meet the

contract goals and objectives. An authorizing body shall give

priority to applicants that demonstrate all of the following:

(a) The proposed school will operate at least all of grades 9

through 12 within 3 years after beginning operation.

(b) The proposed school will occupy a building or buildings

that are newly constructed or renovated after January 1, 2003.

school graduation rates.

(d) The proposed school has received commitments for financial

and educational support from the entity applying for the contract.

(e) The entity that submits the application for a contract has

net assets of at least $50,000,000.00.

(2) A contract issued to organize and administer an urban high

school academy shall contain at least all of the following:

(a) The educational goals the urban high school academy is to

achieve and the methods by which it will be held accountable. To

the extent applicable, the pupil performance of an urban high

school academy shall be assessed using at least a Michigan

education assessment program (MEAP) test or the Michigan merit

examination developed under section 1279g, as applicable.

(b) A description of the method to be used to monitor the

urban high school academy's compliance with applicable law and its

performance in meeting its targeted educational objectives.

during the term of the contract. An authorizing body may approve

amendment of the contract with respect to any provision contained

in the contract.

(d) A certification, signed by an authorized member of the

urban high school academy board of directors, that the urban high

school academy will comply with the contract and all applicable

law.

(e) Procedures for revoking the contract and grounds for

revoking the contract.

(f) A description of and address for the proposed building or

buildings in which the urban high school academy will be located.

(g) Requirements and procedures for financial audits. The

financial audits shall be conducted at least annually by an

independent certified public accountant in accordance with

generally accepted governmental auditing principles.

(h) A requirement that the board of directors shall ensure

compliance with the requirements of 1968 PA 317, MCL 15.321 to

15.330.

(i) A requirement that the board of directors shall prohibit

specifically identified family relationships between members of the

board of directors, individuals who have an ownership interest in

or who are officers or employees of an educational management

company involved in the operation of the urban high school academy,

and employees of the urban high school academy. The contract shall

identify the specific prohibited relationships consistent with

applicable law.

(j) A requirement that the board of directors of the urban

high school academy shall make information concerning its operation

and management available to the public and to the authorizing body

in the same manner as is required by state law for school

districts.

(k) A requirement that the board of directors of the urban

high school academy shall collect, maintain, and make available to

the public and the authorizing body, in accordance with applicable

law and the contract, at least all of the following information

concerning the operation and management of the urban high school

academy:

(i) A copy of the contract issued by the authorizing body for

the urban high school academy.

(ii) A list of currently serving members of the board of

directors of the urban high school academy, including name,

address, and term of office; copies of policies approved by the

board of directors; board meeting agendas and minutes; copy of the

budget approved by the board of directors and of any amendments to

the budget; and copies of bills paid for amounts of $10,000.00 or

more as they were submitted to the board of directors.

(iii) Quarterly financial reports submitted to the authorizing

body.

(iv) A current list of teachers working at the urban high

school academy that includes their individual salaries; copies of

the teaching certificates or permits of current teaching staff; and

evidence of compliance with the criminal background and records

checks and unprofessional conduct check required under sections

1230, 1230a, and 1230b for all teachers and administrators working

at the urban high school academy.

(v) Curriculum documents and materials given to the

authorizing body.

(vi) Proof of insurance as required by the contract.

(vii) Copies of facility leases or deeds, or both, and of any

equipment leases.

(viii) Copies of any management contracts or services contracts

approved by the board of directors.

(ix) All health and safety reports and certificates, including

those relating to fire safety, environmental matters, asbestos

inspection, boiler inspection, and food service.

(x) Any management letters issued as part of the annual

financial audit under subdivision (g).

(xi) Any other information specifically required under this

act.

(l) A requirement that the authorizing body must review and may

disapprove any agreement between the board of directors and an

educational management company before the agreement is final and

valid. An authorizing body may disapprove an agreement described in

this subdivision only if the agreement is contrary to the contract

or applicable law.

(m) A requirement that the board of directors shall

demonstrate all of the following to the satisfaction of the

authorizing body with regard to its pupil admission process:

(i) That the urban high school academy has made a reasonable

effort to advertise its enrollment openings in a newspaper of

general circulation in the intermediate school district in which

the urban high school academy is located.

(ii) That the urban high school academy has made the following

additional efforts to recruit pupils who are eligible for special

education programs and services to apply for admission:

(A) Reasonable efforts to advertise all enrollment openings to

organizations and media that regularly serve and advocate for

individuals with disabilities within the boundaries of the

intermediate school district in which the urban high school academy

is located.

(B) Inclusion in all pupil recruitment materials of a

statement that appropriate special education services will be made

available to pupils attending the school as required by law.

(iii) That the open enrollment period for the urban high school

academy is for a duration of at least 2 weeks and that the

enrollment times include some evening and weekend times.

(n) A requirement that the board of directors shall prohibit

any individual from being employed by the urban high school academy

in more than 1 full-time position and simultaneously being

compensated at a full-time rate for each of those positions.

(o) A requirement that, if requested, the board of directors

shall report to the authorizing body the total compensation for

each individual working at the urban high school academy.

(p) The term of the contract and a description of the process

and standards for renewal of the contract at the end of the term.

The standards for renewal shall include student growth as measured

by assessments and other objective criteria as a significant factor

in the decision of whether or not to renew the contract.

(3) An urban high school academy shall comply with all

applicable law, including all of the following:

(a) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(b) The freedom of information act, 1976 PA 442, MCL 15.231 to

15.246.

~~(d) 1965 PA 166, MCL 408.551 to 408.558.~~

(d) ~~(e)~~ 1978 PA 566, MCL 15.181 to 15.185.

(e) ~~(f)~~ 1968 PA 317, MCL 15.321 to 15.330.

(f) ~~(g)~~ The uniform budgeting and accounting act, 1968 PA 2,

MCL 141.421 to 141.440a.

(g) ~~(h)~~ The revised municipal finance act, 2001 PA 34, MCL

141.2101 to 141.2821.

(h) ~~(i)~~ The ~~federal~~ no child left behind act of 2001, Public

Law 107-110, 115 Stat. 1425.

(i) ~~(j)~~ Sections 1134, 1135, 1146, 1153, 1263(3), 1267, 1274,

and 1280.

(4) An urban high school academy and its incorporators, board

members, officers, employees, and volunteers have governmental

immunity as provided in section 7 of 1964 PA 170, MCL 691.1407. An

authorizing body and its board members, officers, and employees are

immune from civil liability, both personally and professionally,

for any acts or omissions in authorizing or oversight of an urban

high school academy if the authorizing body or the person acted or

reasonably believed he or she acted within the authorizing body's

or the person's scope of authority.

(5) An urban high school academy is exempt from all taxation

on its earnings and property. Instruments of conveyance to or from

an urban high school academy are exempt from all taxation,

including taxes imposed by 1966 PA 134, MCL 207.501 to 207.513. An

urban high school academy may not levy ad valorem property taxes or

any other tax for any purpose.

(6) An urban high school academy may acquire by purchase,

gift, devise, lease, sublease, installment purchase agreement, land

contract, option, or any other means, hold, and own in its own name

buildings and other property for school purposes, and interests

therein, and other real and personal property, including, but not

limited to, interests in property subject to mortgages, security

interests, or other liens, necessary or convenient to fulfill its

purposes. For the purposes of condemnation, an urban high school

academy may proceed under the uniform condemnation procedures act,

1980 PA 87, MCL 213.51 to 213.75, excluding sections 6 to 9 of that

act, MCL 213.56 to 213.59, or other applicable statutes, but only

with the express, written permission of the authorizing body in

each instance of condemnation and only after just compensation has

been determined and paid.

Sec. 553. (1) An authorizing body is not required to issue a

contract to any person or entity. Schools of excellence contracts

shall be issued on a competitive basis taking into consideration

the resources available for the proposed school of excellence, the

population to be served by the proposed school of excellence, the

educational goals to be achieved by the proposed school of

excellence, and the applicant's track record, if any, in operating

public school academies or other public schools.

(2) If a person or entity applies to the board of a school

district for a contract to organize and operate 1 or more schools

of excellence within the boundaries of the school district and the

board does not issue the contract, the person or entity may

petition the board to place the question of issuing the contract on

the ballot to be decided by the school electors of the school

district. The petition shall contain all of the information

required to be in the contract application under section 552 and