Bill Text: MI HB4347 | 2019-2020 | 100th Legislature | Introduced


Bill Title: Appropriations; school aid; executive recommendation; provide for omnibus appropriations for school aid, higher education, and community colleges. Amends secs. 4, 6, 8b, 11, 11a, 11j, 11k, 11m, 11s, 15, 18, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22n, 24, 24a, 25e, 26a, 26b, 26c, 31a, 31d, 31f, 31j, 31n, 32d, 32p, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 54d, 56, 61a, 61b, 62, 67, 74, 81, 94, 94a, 95a, 98, 99h, 99s, 101, 104, 104b, 104c, 107, 147, 147a, 147b, 147c, 147e, 152a, 160, 201, 206, 207a, 207b, 207c, 209, 209a, 210b, 217, 225, 229a, 230, 236, 236b, 236c, 241, 242, 245, 251, 252, 256, 263, 264, 265, 265a, 265b, 265d, 267, 268, 269, 270, 274c, 276, 277, 278, 279, 280, 281, 282 & 289 of 1979 PA 94 (MCL 388.1604 et seq.); adds secs. 28 & 231 & repeals secs. 17c, 20m, 22p, 24c, 25f, 25g, 25h, 31b, 32q, 35b, 55, 61c, 61d, 61f, 61g, 61h, 64b, 64d, 65, 74a, 95b, 99t, 99u, 99v, 99w, 99x, 99y, 102d, 104d, 104f, 152b, 153, 164g, 164h, 201a, 208, 210f, 212, 227, 228, 236a, 261, 265c, 265e, 271a, 274 & 275a of 1979 PA 94 (MCL 388.1617c et seq.).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-14 - Bill Electronically Reproduced 03/13/2019 [HB4347 Detail]

Download: Michigan-2019-HB4347-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4347

 

 

March 13, 2019, Introduced by Rep. Hoadley and referred to the Committee on Appropriations.

 

       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, 22n, 24, 24a, 25e, 26a, 26b, 26c, 31a, 31d, 31f, 31j, 31n, 32d,

 

32p, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 54d, 56, 61a, 61b, 62, 67, 74, 81,

 

94, 94a, 95a, 98, 99h, 99s, 101, 104, 104b, 104c, 107, 147, 147a, 147b, 147c, 147e,

 

152a, 160, 201, 206, 207a, 207b, 207c, 209, 209a, 210b, 217, 225, 229a, 230, 236,

 

236b, 236c, 241, 242, 245, 251, 252, 256, 263, 264, 265, 265a, 265b, 265d, 267, 268,

 

269, 270, 274c, 276, 277, 278, 279, 280, 281, 282, and 289 (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, 388.1622n, 388.1624, 388.1624a, 388.1625e, 388.1626a, 388.1626b, 388.1626c,

 


388.1631a, 388.1631d, 388.1631f, 388.1631j, 388.1631n, 388.1632d, 388.1632p,

 

388.1635a, 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, 388.1662, 388.1667,

 

388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699h, 388.1699s,

 

388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747b,

 

388.1747c, 388.1747e, 388.1752a, 388.1760, 388.1801, 388.1806, 388.1807a, 388.1807b,

 

388.1807c, 388.1809, 388.1809a, 388.1810b, 388.1817, 388.1825, 388.1829a, 388.1830,

 

388.1836, 388.1836b, 388.1836c, 388.1841, 388.1842, 388.1845, 388.1851, 388.1852,

 

388.1856, 388.1863, 388.1864, 388.1865, 388.1865a, 388.1865b, 388.1865d, 388.1867,

 

388.1868, 388.1869, 388.1870, 388.1874c, 388.1876, 388.1877, 388.1878, 388.1879,

 

388.1880, 388.1881, 388.1882, and 388.1889), sections 4 and 8b as amended and section

 

160 as added by PA 108 of 2017, sections 6, 11, 18, 31a, 31j, 32d, 35a, 39a, 99h, 101,

 

and 265 as amended and section 31n as added by PA 586 of 2018 sections 11a, 11j, 11k,

 

11m, 11s, 15, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22n, 24, 24a, 25e, 26a, 26b, 26c,

 

31d, 31f, 32p, 39, 41, 51a, 51c, 51d, 53a, 54, 54b, 56, 61a, 61b, 62, 67, 74, 81, 94,

 

94a, 98, 99s, 104, 104b, 104c, 107, 147, 147a, 147b, 147c, 147e, 152a, 201, 206, 207a,

 

207b, 207c, 209, 210b, 217, 225, 229a, 230, 236, 236b, 236c, 241, 245, 251, 252, 256,

 

263, 264, 265a, 267, 268, 269, 270, 274c, 276, 277, 278, 279, 280, 281, 282, and 289

 

as amended and sections 54d, 209a, 265b, and 265d as added by PA 265 of 2018, section

 

95a as amended by PA 85 of 2015, section 242 as amended by PA 201 of 2012, and by

 

adding sections 28 and 231; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

ARTICLE I

 

       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. 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. OR IS

 

ENROLLED AND IN REGULAR ATTENDANCE IN A PUBLICLY FUNDED PRE-K SETTING.

 

       (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 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.

 

       (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 all constituent districts within an intermediate district or shall serve 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 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 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 counted in membership in any

 

district.

 

       (c) A special education pupil educated by the intermediate district shall be

 

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 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

 

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 section 690 of the revised school

 

code, MCL 380.690, shall be counted only in the pupil’s district of residence.

 

       (g) A pupil enrolled in a public school academy shall be 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 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 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 counted in membership.


       (l) To be counted in membership, a pupil shall meet the minimum age requirement

 

to be eligible to attend school under section 1147 of the revised school code, MCL

 

380.1147, or shall be enrolled under subsection (3) of that section, and shall 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 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 counted in

 

membership. An individual who has achieved a high school equivalency certificate shall

 

not be 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, or participating in any successor of either of those 2 programs, shall

 

not be 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 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 counted in membership, and the instructional time scheduled for the

 

pupil in the district or intermediate district shall be 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 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 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 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 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

 

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 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 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 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 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

 

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 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 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 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 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

 

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 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 section 1148(2) of the revised school code, MCL 380.1148, shall be 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 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 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 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 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 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 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 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 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 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 not counted as 1.0 full-time equated membership due to

 

an absence from a class shall be 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 WITHIN 30 days after a contract

 

is submitted to the department by the authorizing body of a public school academy, THE

 

CENTER SHALL MAKE THE DISTRICT CODE AVAILABLE.

 

       (2) If the department does not assign a district code to a public school academy

 

within the 30-day period described in subsection (1), the district code the department

 

shall use to make payments under this article to the newly authorized public school

 

academy shall be 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 the department shall use to make payments under this article to the

 

newly authorized public school academy shall be 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 7 for the public school academies in excess of 100.

 

       (2) (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 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 in which the administrative office of the cyber school is located shall

 

provide programs and services to the cyber school. The intermediate school district

 

required to provide programs and services to a cyber school under this subdivision

 

remains the same for as long as that cyber school is in operation.

 

       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,

 

2020, 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 $13,504,660,300.00

 

from the state school aid fund, the sum of $87,920,000.00 $45,000,000.00 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 $31,900,000.00 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. In addition, all available

 

federal funds are appropriated each fiscal year for the fiscal years YEAR ending

 

September 30, 2018 and September 30, 2019. 2020.

 

       (2) The appropriations under this section shall be allocated as provided in this

 

article. Money appropriated under this section from the general fund shall 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 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 in the school aid stabilization fund and shall 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 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 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 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

 

an amount not to exceed $18,000,000.00 and there is allocated for 2018-2019 2019-2020

 

an amount not to exceed $24,000,000.00 $56,000,000.00 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 in section 11, there is

 

allocated $3,230,000.00 $8,075,000.00 for 2018-2019 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 4 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 $2,425,000.00 for 2018-2019 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 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 only, 2019-2020, 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 3 YEARS OF AGE AND 5 YEARS OF AGE. 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 DISTRICTS 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 39. THE DEPARTMENT SHALL ADMINISTER THIS FUNDING CONSISTENT WITH

 

ALL OTHER PROVISIONS OF THE GREAT START READINESS PROGRAMS CONTAINED IN SECTION 32D

 

AND SECTION 39.

 

       (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).

 

       (5) In addition to other funding allocated and appropriated in this section,

 

there is appropriated an amount not to exceed $15,000,000.00 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.

 

       (6) Notwithstanding section 17b, 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, 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 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.

 

       (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 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 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 BASES AN ADJUSTMENT UNDER THIS SECTION IN WHOLE OR IN PART

 

ON A FINDING THAT A DISTRICT OR INTERMEDIATE DISTRICT EMPLOYED AN EDUCATOR IN

 

VIOLATION OF CERTIFICATION REQUIREMENTS SET FORTH IN 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 3 fiscal

 

year YEARS 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 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 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 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 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 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 include object

 

classifications of salary, benefits, including categories for active employee health

 

expenditures, purchased services, supplies, capital outlay, and other. Districts 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 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 foundation allowance is $8,409.00. $8,529.00.

 

       (b) The minimum foundation allowance is $7,871.00. $8,051.00.

 

       (2) The amount of each district's foundation allowance shall be calculated as

 

provided in this section, using a basic foundation allowance in the amount specified

 

in subsection (1).

 

       (3) Except as otherwise provided in this section, 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 foundation allowance for the immediately preceding state

 

fiscal year, the district shall receive 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 ONE AND A HALF TIMES the dollar amount

 

of the adjustment from the immediately preceding state fiscal year to the current

 

state fiscal year made in the basic foundation allowance and [(the difference between

 

the basic foundation allowance for the current state fiscal year and basic 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 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 foundation allowance for the immediately

 

preceding state fiscal year shall not exceed the basic 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 foundation allowance for the immediately preceding state

 

fiscal year, the district shall receive a foundation allowance for 2018-2019 2019-2020

 

in an amount equal to the basic 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 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 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 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 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 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 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 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 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 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, 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 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 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 not exceed the amount per membership pupil otherwise calculated

 

under this subsection. BEGINNING IN 2019-2020, FOR PUPILS IN MEMBERSHIP IN A PUBLIC

 

SCHOOL ACADEMY THAT WAS ISSUED A CONTRACT UNDER SECTION 552 OF THE REVISED SCHOOL

 

CODE, MCL 380.552, TO OPERATE AS A SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL, THE

 

ALLOCATION CALCULATED UNDER THIS SECTION SHALL BE AN AMOUNT EQUAL TO 80% OF THE AMOUNT

 

AS WOULD OTHERWISE BE CALCULATED UNDER THIS SUBSECTION FOR A PUBLIC SCHOOL ACADEMY.

 

       (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 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 fraction used in making calculations under this section shall be rounded

 

to the fourth decimal place and the dollar amount of an increase in the basic

 

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 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

 

calculate a pupil membership factor, a revenue adjustment factor, and an index as

 

follows:

 

       (a) The pupil membership factor shall be 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 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 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 made under

 

this section. Rather, the calculations under this section shall be 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) 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 ONE AND A HALF TIMES the

 

amount of the difference between the basic foundation allowance for the current state

 

fiscal year and the basic foundation allowance for the immediately preceding state

 

fiscal year and [(the amount of the difference between the basic foundation allowance

 

for the current state fiscal year and the basic 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 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.

 

$8,051.00.

 

       (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) "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.

 

       (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 this

 

act in 1993-94 shall exclude 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 an adjustment under this subdivision shall be made, 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 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 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 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, 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 and there is allocated an amount not to

 

exceed $5,107,000,000.00 $4,953,000,000.00 for 2018-2019 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 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 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 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 the sum of the amount

 

calculated under subdivision (a) plus the amount calculated under this subdivision.

 

The amount calculated under this subdivision shall 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 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 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

 

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 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.

 

       (6) (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, 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.

 

       (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.

 

       (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.

 

       (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, 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, 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, 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 an amount not to exceed $3,957,000,000.00

 

from the state school aid fund and general fund appropriations in section 11 and an

 

amount not to exceed $72,000,000.00 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 $4,401,000,000.00 from the state school aid fund and

 

general fund appropriations in section 11 and an amount not to exceed $72,000,000.00

 

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 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 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 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.

 

       (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 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 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 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 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 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 determined under a spending plan developed as provided in this

 

subsection and approved by the superintendent of public instruction. The spending plan

 

shall 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 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 For payments

 

under this subsection to districts that have 7.7 or fewer pupils per square mile as

 

determined by the department.

 

       (5) The funds allocated under subsection (4) shall be allocated 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

 

receiving funding under this section shall represent geographically diverse areas in

 

this state.

 

       (5) Notwithstanding section 17b, 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

 

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 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. 22n. (1) From the appropriation in section 11, there is allocated an amount

 

not to exceed $11,000,000.00 for 2018-2019 2019-2020 for additional payments to

 

districts for the higher instructional costs of educating high school pupils.

 

       (2) A district is eligible for a payment under this section if it educates pupils

 

in 1 or more of grades 9 to 12.

 

       (3) The payment to each eligible district under this section shall be an amount

 

equal to $25.00 multiplied by the district's total pupil membership in grades 9 to 12

 

as calculated under section 6 for the current fiscal year. If the allocation under

 

subsection (1) is insufficient to fully fund payments under this subsection, the

 

department shall prorate payments under this section on an equal per-pupil basis.

 

       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 calculated as prescribed under

 

subsection (2).

 

       (2) 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 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 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 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 intermediate district shall receive 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 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 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 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 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 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 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 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 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 shall

 

ANNUALLY 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. 26a. From the funds appropriated in section 11, there is allocated an amount

 

not to exceed $15,000,000.00 for 2017-2018 and there is allocated an amount not to

 

exceed $15,000,000.00 $15,300,000.00 for 2018-2019 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, as applicable.

 

2019. 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 2019-2020 an amount not to exceed $4,405,100.00 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 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 and there is allocated an amount not to

 

exceed $3,000,000.00 $8,400,000.00 for 2018-2019 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)

 

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 be used

 

solely for payments to eligible districts and intermediate districts, in accordance

 

with section 17(3) 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 in

 

the promise zone fund and shall 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 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, payments under this section shall be paid on a

 

schedule determined by the department.

 

       SEC. 28. (1) FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED AN AMOUNT

 

NOT TO EXCEED $794,000,000.00 FOR 2019-2020 TO PROVIDE ADDITIONAL RESOURCES TO

 

DISTRICTS AND INTERMEDIATE DISTRICTS FOR COSTS ASSOCIATED WITH PROVIDING INSTRUCTION

 

TO HIGHER-NEEDS PUPILS AND TO MAKE PAYMENTS BASED ON THE WEIGHTED PER PUPIL EDUCATION

 

FUNDING MODEL PURSUANT TO THIS SECTION.

 

       (2) BEGINNING IN 2019-2020, THERE IS IMPLEMENTED A WEIGHTED PER PUPIL EDUCATION

 

FUNDING MODEL THAT PROVIDES FOR A PER-PUPIL BASE AMOUNT FOR ALL DISTRICTS AND ADDS

 

WEIGHTS FOR ADDITIONAL RESOURCES TO SERVE HIGHER-NEEDS PUPILS WHO REQUIRE SPECIAL

 

EDUCATION SERVICES, ARE ACADEMICALLY AT RISK, OR ARE RECEIVING CAREER AND TECHNICAL

 

EDUCATION PROGRAMMING. A DISTRICT’S BASE AMOUNT PER PUPIL IS EQUAL TO THE DISTRICT’S

 

FOUNDATION ALLOWANCE CALCULATED UNDER SECTION 20 AND PAID OUT UNDER SECTIONS 22A AND

 

22B. FUNDS ALLOCATED UNDER THIS SECTION MUST BE SPENT ON RESOURCES THAT ARE SHOWN

 

THROUGH RESEARCH AND BEST PRACTICE TO IMPROVE STUDENT LEARNING.


       (3) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO

 

EXCEED $120,000,000.00 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 STATUTES.

 

       (A) A DISTRICT’S OR INTERMEDIATE DISTRICT’S ALLOCATION UNDER THIS SUBSECTION 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" UNDER SECTION 18(6), AS APPROVED BY THE DEPARTMENT. THE TOTAL REIMBURSEMENT

 

UNDER THIS SUBSECTION AND UNDER SECTION 51C SHALL NOT EXCEED THE TOTAL REPORTED COSTS

 

FOR A DISTRICT OR INTERMEDIATE DISTRICT. FOR THE PURPOSES OF THIS SUBSECTION "THE

 

LEVEL PERCENTAGE" MEANS AN AMOUNT EQUAL TO THE ALLOCATION IN SUBSECTION (2) DIVIDED BY

 

THE TOTAL OF COSTS REPORTED TO THE CENTER ON THE SPECIAL EDUCATION ACTUAL COST REPORT,

 

KNOWN AS "SE-4096" UNDER SECTION 18(6), AS APPROVED BY THE DEPARTMENT. FOR 2019-2020,

 

THE LEVEL PERCENTAGE IS ESTIMATED AT 4.0%.

 

       (B) ON A STATEWIDE BASIS, THE ALLOCATION UNDER THIS SUBSECTION AND UNDER SECTIONS

 

51A AND 51C TO REIMBURSE DISTRICTS AND INTERMEDIATE DISTRICTS FOR 28.6138% OF TOTAL

 

APPROVED COSTS OF SPECIAL EDUCATION ARE ESTIMATED TO PROVIDE AN ADDITIONAL AMOUNT PER

 

FULL-TIME EQUATED SPECIAL EDUCATION PUPIL EQUAL TO 92% OF THE FOUNDATION ALLOWANCE

 

AMOUNT PAID TO DISTRICTS AND INTERMEDIATE DISTRICTS FOR SPECIAL EDUCATION PUPILS.

 

       (4) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO

 

EXCEED $619,000,000.00 TO IMPLEMENT A WEIGHTED FOUNDATION PER-PUPIL PAYMENT FOR

 

DISTRICTS ENROLLING ECONOMICALLY DISADVANTAGED PUPILS. PAYMENTS SHALL BE MADE TO

 

DISTRICTS 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, AND THAT HIGH SCHOOL GRADUATES

 

ARE CAREER AND COLLEGE READY.

 

       (A) A DISTRICT’S ALLOCATION UNDER THIS SUBSECTION FOR EACH MEMBERSHIP PUPIL IN


THE DISTRICT 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, IS EQUAL TO 11% OF THE DISTRICT’S FOUNDATION ALLOWANCE AS CALCULATED IN SECTION

 

20, NOT TO EXCEED THE STATE MINIMUM FOUNDATION ALLOWANCE. IT IS INTENDED THAT THE

 

STATEWIDE TARGET PERCENTAGE FOR ALL SOURCES OF FUNDS BE SET AT 35.0%. IF FUNDS

 

ALLOCATED UNDER THIS SUBSECTION ARE INSUFFICIENT TO FULLY FUND THE PAYMENTS PRESCRIBED

 

IN THIS SUBSECTION, PAYMENTS SHALL BE PRORATED ON AN EQUAL PERCENTAGE BASIS.

 

       (B) FOR A DISTRICT THAT HAS COMBINED STATE AND LOCAL REVENUE PER MEMBERSHIP PUPIL

 

UNDER SECTION 20 THAT IS GREATER THAN THE BASIC FOUNDATION ALLOWANCE UNDER SECTION 20

 

FOR THE CURRENT FISCAL YEAR, THE ALLOCATION UNDER THIS SUBSECTION SHALL BE AN AMOUNT

 

EQUAL TO 50% OF THE ALLOCATION FOR WHICH IT WOULD OTHERWISE BE ELIGIBLE UNDER THIS

 

SUBSECTION, BEFORE ANY PRORATION UNDER SUBDIVISION (A).

 

       (C) A DISTRICT THAT BEGAN OPERATIONS AFTER THE PUPIL MEMBERSHIP COUNT DAY OF THE

 

IMMEDIATELY PRECEDING SCHOOL YEAR SHALL RECEIVE UNDER THIS SUBSECTION FOR EACH

 

MEMBERSHIP PUPIL IN THE DISTRICT, 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, THE SAME PERCENTAGE AS PAID IN SUBDIVISION (A) OF THE DISTRICT’S FOUNDATION

 

ALLOWANCE AS CALCULATED IN SECTION 20, NOT TO EXCEED THE STATE MINIMUM FOUNDATION

 

ALLOWANCE.

 

       (D) PAYMENTS UNDER THIS SUBSECTION ARE SUBJECT TO A DISTRICT’S COMPLIANCE WITH

 

THE REQUIREMENTS DESCRIBED IN SECTION 31A. PAYMENTS SHALL BE USED BY DISTRICTS FOR THE

 

PURPOSES DESCRIBED IN SECTION 31A. IN ADDITION, DISTRICTS SHALL USE FUNDS UNDER THIS

 

SUBSECTION TO SHOW PROGRESS TOWARD MEETING THE FOLLOWING GOALS:

 

       (I) PROVIDING AT LEAST 1 TUTOR PER EVERY 100 ECONOMICALLY DISADVANTAGED PUPILS

 

ENROLLED IN THE DISTRICT.


       (II) PROVIDING AT LEAST 1 PUPIL SUPPORT POSITION - INCLUDING BEHAVIOR

 

SPECIALISTS, READING SUPPORT EXPERTS, AND COUNSELORS - PER EVERY 125 ECONOMICALLY

 

DISADVANTAGED PUPILS ENROLLED IN THE DISTRICT.

 

       (III) PROVIDING AT LEAST 1 SUMMER SCHOOL TEACHING POSITION PER EVERY 120

 

ECONOMICALLY DISADVANTAGED PUPILS ENROLLED IN THE DISTRICT.

 

       (IV) EXPANDING PROFESSIONAL DEVELOPMENT OPPORTUNITIES FOR TEACHERS.

 

       (V) PROVIDING ADDITIONAL SUPPORTS FOR STUDENTS ON THE COMPLETION OF THE FREE

 

APPLICATION FOR FEDERAL STUDENT FINANCIAL AID (FAFSA).

 

       (E) AS USED IN THIS SECTION, "ECONOMICALLY DISADVANTAGED" MEANS THAT TERM AS

 

DEFINED IN SECTION 31A.

 

       (5) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO

 

EXCEED $55,000,000.00 TO IMPLEMENT A WEIGHTED FOUNDATION PER-PUPIL PAYMENT FOR

 

DISTRICTS WITH PUPILS ENROLLED IN CAREER AND TECHNICAL EDUCATION PROGRAMS. A SCHOOL OF

 

EXCELLENCE THAT IS A CYBER SCHOOL, AS DEFINED IN SECTION 551 OF THE REVISED SCHOOL

 

CODE, MCL 380.551, IS NOT ELIGIBLE FOR FUNDING UNDER THIS SUBSECTION.

 

       (A) A DISTRICT SHALL RECEIVE UNDER THIS SUBSECTION FOR EACH PUPIL IN THE DISTRICT

 

WHO IS IN GRADES 9 TO 12 AND WHO IS COUNTED IN MEMBERSHIP IN THE DISTRICT AND WHO IS

 

ENROLLED IN AT LEAST 1 CAREER AND TECHNICAL EDUCATION PROGRAM IN THE CAREER PATHWAY

 

IDENTIFIED BY THE STUDENT ON THE STUDENT’S EDUCATIONAL DEVELOPMENT PLAN, EXCLUDING

 

THOSE PUPILS ENROLLED IN DISTRICTS IN ACCORDANCE WITH SECTION 166B AND COUNTED IN

 

MEMBERSHIP UNDER SECTION 6, 6% OF THE DISTRICT’S FOUNDATION ALLOWANCE AS CALCULATED IN

 

SECTION 20, NOT TO EXCEED THE STATE MINIMUM FOUNDATION ALLOWANCE. IT IS INTENDED THAT

 

THE STATEWIDE TARGET PERCENTAGE FOR ALL SOURCES OF FUNDS BE SET AT 10.0%. IF FUNDS

 

ALLOCATED UNDER THIS SUBSECTION ARE INSUFFICIENT TO FULLY FUND THE PAYMENTS PRESCRIBED

 

IN THIS SUBSECTION, PAYMENTS SHALL BE PRORATED ON AN EQUAL PERCENTAGE BASIS.

 

       (B) AS USED IN THIS SUBSECTION "CAREER AND TECHNICAL EDUCATION PROGRAM" MEANS A

 

STATE-APPROVED CAREER AND TECHNICAL EDUCATION PROGRAM, AS DETERMINED BY THE


DEPARTMENT.

 

       (C) PAYMENTS UNDER THIS SUBSECTION ARE INTENDED TO SUPPORT THE HIRING OF

 

ADDITIONAL CAREER AND TECHNICAL EDUCATION STAFF AND CAREER COUNSELORS; TO UPDATE AND

 

MAINTAIN FACILITIES, EQUIPMENT, AND MATERIALS RELATED TO CAREER AND TECHNICAL

 

EDUCATION PROGRAMMING; AND TO EXPAND THE NUMBER OF CAREER AND TECHNICAL EDUCATION

 

PROGRAMS AVAILABLE TO STUDENTS.

 

       Sec. 31a. (1) From the state school aid fund money appropriated in section 11,

 

there is allocated for 2018-2019 an amount not to exceed $528,207,300.00 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 that is greater than the basic foundation allowance under

 

section 20 for the current fiscal year, the allocation under this section shall be an

 

amount equal to 30% of the allocation for which it would otherwise be eligible under

 

this section before any proration under subsection (14).

 

       (1) (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), SECTION 28(4), 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, 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.

 

       (2) (5) Except as otherwise provided in this section, a district or public school

 

academy receiving funding under this section 28(4) 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). (3),


(4), OR (5). 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), SECTION 28(4)

 

may use not more than 20% of the funds it receives under this section 28(4) 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 OR UNDER SECTION 28(4) 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). (12)(C).

 

       (3) (6) A district or public school academy that receives funds under this

 

section 28(4) 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 28(4) an amount, not to exceed $10.00 per pupil for whom the district or

 

public school academy receives funds under this section 28(4), necessary to pay for

 

costs associated with the operation of the school breakfast program.

 

       (4) (7) From the funds allocated under subsection (1), APPROPRIATED IN SECTION

 

11, there is allocated for 2018-2019 2019-2020 an amount not to exceed $6,057,300.00

 

to support primary health care services provided to children and adolescents up to age

 

21. These funds shall 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 be used that fiscal year to

 

avoid or minimize any proration that would otherwise be required under subsection (14)

 

for that fiscal year.


       (5) (8) From the funds allocated under subsection (1), APPROPRIATED IN SECTION

 

11, 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 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 be awarded in a form

 

and manner approved jointly by the department and the department of health and human

 

services. Notwithstanding section 17b, payments to eligible entities under this

 

subsection shall be paid on a schedule determined by the department.

 

       (6) (9) Each district or public school academy receiving funds under this section

 

28(4) 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 28(4), the amount of funds under this section 28(4)

 

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 28(4) on any activities that are permissible under

 

this section OR SECTION 28(4). 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 28(4) 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 forfeited to the school aid fund.


       (7) (10) In order to receive funds under this section 28(4), 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.

 

       (8) (11) Subject to subsections (6), (7), and (8), (3), (4), AND (5), 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 28(4) 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 THE

 

SUBDIVISION, "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 STUDENTS.

 

       (9) (12) A district or public school academy that receives funds under this

 

section 28(4) may use up to 5% 10% 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)

 

(1) 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), (1), with fidelity.

 

       (10) (13) A district or public school academy that receives funds under this

 

section 28(4) may use funds received under this section 28(4) to support instructional

 

or behavioral coaches. Funds used for this purpose are not subject to the cap under

 

subsection (12). (9).

 

       (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), by reducing the amount of the allocation as otherwise calculated

 

under this section by an equal percentage per district.

 

       (11) (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 28(4) within 60 days after the school district

 

is declared dissolved.

 

       (12) (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

 

ECONOMICALLY DISADVANTAGED 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

 

ECONOMICALLY DISADVANTAGED 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 ECONOMICALLY DISADVANTAGED 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 ECONOMICALLY DISADVANTAGED pupils in grade 3 that represents the number of at-

 

risk ECONOMICALLY DISADVANTAGED 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

 

ECONOMICALLY DISADVANTAGED PER PUPIL PAYMENT under this section 28(4) on tutoring

 

INTERVENTIONS 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 ECONOMICALLY DISADVANTAGED pupils in grade 8 that represents the number of at-

 

risk ECONOMICALLY DISADVANTAGED 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 ECONOMICALLY

 

DISADVANTAGED PER PUPIL PAYMENT under this section 28(4) on tutoring INTERVENTIONS 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 ECONOMICALLY DISADVANTAGED pupils in grade 11 that represents the number of at-

 

risk ECONOMICALLY DISADVANTAGED 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 ECONOMICALLY DISADVANTAGED PER PUPIL PAYMENT under this section 28(4) on

 

tutoring INTERVENTIONS and other activities to improve scores on the college entrance

 

examination portion of the Michigan merit examination.

 

       (17) From the funds allocated under subsection (1), there is allocated for 2018-

 

2019 an amount not to exceed $18,000,000.00 for payments to districts and public

 

school academies that otherwise received an allocation under this section in 2018-2019

 

and that allocation was less than the district’s or public school academy’s allocation

 

under this section in 2017-2018. 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 minus its allocation as otherwise calculated under this section for 2018-

 

2019. 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.

 

       (13) (18) A district or public school academy that receives funds under this

 

section 28(4) may use funds received under this section 28(4) to provide an anti-

 

bullying or crisis intervention program.

 

       (14) (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.

 

       (15) (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 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. 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 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 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 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, 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,

 

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

 

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 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, 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,

 

preference shall be given to food that is grown or produced by Michigan businesses if


it is competitively priced and of comparable quality.

 

       Sec. 31j. (1) From the general fund money appropriated in section 11, there is

 

allocated an amount not to exceed $575,000.00 for 2018-2019 2019-2020 for a pilot

 

project to support districts in the purchase of locally grown fruits and vegetables as

 

described in this section.

 

       (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

 

retained by prosperity regions that administer the project shall not exceed 10%, and

 

funding retained by the department for administration shall not exceed 6%. A

 

prosperity region may enter into a memorandum of understanding with the department or

 

another prosperity region, or both, to administer the project. If the department

 

administers the project for a prosperity region, the department may retain up to 10%

 

of that prosperity region’s funding for administration OR MAY DISTRIBUTE TO PROJECT

 

PARTNERS AS APPROPRIATE.

 

       (3) The department shall develop and implement a competitive grant program for

 

districts within the identified prosperity regions to assist in paying for the costs

 

incurred by the district 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 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. The department shall

 

collaborate with the Michigan department of agriculture and rural development to

 

provide training to newly participating schools and electronic information on Michigan

 

agriculture.


       (4) The goals of the pilot project include improving daily nutrition and eating

 

habits for children through the school settings while investing in Michigan’s

 

agricultural and related food business economy.

 

       (5) A district that receives a grant under this section shall use those funds for

 

the costs incurred by the school district 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 received notification from

 

the department of the amount to be distributed to the district 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), matching reimbursements shall be made in an amount not

 

to exceed 10 cents for every school 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 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, 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 on plans for educational activities that promote the goals of

 

the program.

 

       (9) The department shall give preference to districts 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

 

farm-to-school procurement activities; and market and promote the program, leading to

 

increased pupil knowledge and consumption of Michigan-grown products. 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 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 variety of

 

school sizes and geographic locations within the identified prosperity regions; and

 

existing or future collaboration opportunities between more than 1 district in a

 

prosperity region.

 

       (11) As a condition of receiving a grant under this section, a district shall

 

provide or direct its vendors to provide to prosperity region offices 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 also provide to

 

the prosperity region 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 and school 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, 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 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. All of the following apply for

 

purposes of this subdivision:

 

       (i) The data used to determine the amount of this increase shall be the total

 

dollar amount of Michigan or local fruits, vegetables, and legumes purchased by

 

schools, along with the number of different types of products purchased; school 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 shall use purchasing data collected for the

 

project and surveys of school food service directors on the impact and success of the

 

project 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 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 the

 

number of pupils exposed to Michigan-grown fruits, vegetables, and legumes at schools;

 

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 shall use purchasing data collected for the

 

project, meal count and enrollment numbers, school menu calendars, and surveys of


school 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 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, PAYMENTS UNDER THIS SECTION SHALL BE PAID 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 $22,000,000.00 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 an MAINTAIN AN advisory council FOR PROGRAMS

 

FUNDED UNDER THIS SECTION. THE ADVISORY COUNCIL SHALL and 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 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 for

 

funding for this program shall be made available to districts and intermediate

 

districts not later than March 1, 2019, 2020 and funding shall be awarded not later

 

than April 1, 2019. 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 INTENDED 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 an amount

 

not to exceed $5,000,000.00 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 under this subsection shall be provided

 

to existing child and adolescent health centers in the same proportion that funding

 

under section 31a(7) 31A(4) 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 an amount

 

not to exceed $16,500,000.00 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

 

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 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 federal Medicaid match

 

methodologies and provide a local match of at least 20%.

 

       (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 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 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.

 

       Sec. 32d. (1) From the funds appropriated in section 11, there is allocated to

 

eligible intermediate districts and consortia of intermediate districts for great

 

start readiness programs an amount not to exceed $244,600,000.00 $328,600,000.00 for

 

2018‑2019. 2019-2020. Funds allocated under this section for great start readiness

 

programs shall be used to provide part-day, school-day, or GSRP/Head Start blended

 

comprehensive free compensatory classroom programs designed to improve the readiness

 

and subsequent achievement of educationally disadvantaged children who meet the

 

participant eligibility and prioritization guidelines as defined by the department.

 

For a child to be eligible to participate in a program under this section, the child

 

shall be at least 4, but less than 5, years of age as of September 1 of the school

 

year in which the program is offered and shall meet those eligibility and

 

prioritization guidelines. A child who is not 4 years of age as of September 1, but

 

who will be 4 years of age not later than December 1, is eligible to participate if

 

the child’s parent or legal guardian seeks a waiver from the September 1 eligibility

 

date by submitting a request for enrollment in a program to the responsible


intermediate district, if the program has capacity on or after September 1 of the

 

school year, and if the child meets eligibility and prioritization guidelines.

 

       (2) From the funds allocated under subsection (1), an amount not to exceed

 

$242,600,000.00 $328,600,000.00 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 2019-2020 for a competitive grant to continue a longitudinal

 

evaluation of children who have participated in great start readiness programs.

 

       (4) To be eligible for funding under this section, a program shall 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 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% 300% of the


federal poverty level. 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% 300% of the

 

federal poverty level, the intermediate district may then enroll children who live

 

with families with a household income that is equal to or less than 300% 350% of the

 

federal poverty level. The enrollment process shall 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 recommending placement in an inclusive preschool setting shall be considered to

 

live with families with household income equal to or less than 250% 300% of the

 

federal poverty level regardless of actual family income and shall be 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 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 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 indicate the extent to which these funds will supplement other

 

federal, state, local, or private funds. 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 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

 

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% 300% of the

 

federal poverty level 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% 300% of the federal poverty level, 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% 300% of the federal poverty

 

level, the grant recipient may then enroll children who live with families with a

 

household income that is equal to or less than 300% 350% of the federal poverty level.

 

The enrollment process shall 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 recommending

 

placement in an inclusive preschool setting shall be considered to live with families

 

with household income equal to or less than 250% 300% of the federal poverty level

 

regardless of actual family income and shall be 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 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 ensure that regulators process all prospective providers at the same pace

 

on a first-come, first-served basis and shall 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) "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.

 

       (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% 300% of the federal poverty level to be used by all of its

 

providers, as approved by the department.

 

       (19) From the amount appropriated in subsection (1), there is allocated 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 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 reimbursement shall be prorated in an equal amount per child

 

funded. Payments shall be made 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 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.

 

       (24) (25) A great start readiness program or a GSRP/Head Start blended program

 

funded under this section shall be 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 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 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 be

 

used for the purpose of providing home visits to at-risk children and their families.

 

The home visits shall 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 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 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. POSITIVE


PARENTING PRACTICES WERE IMPROVED, THERE WAS IMPROVED FAMILY ECONOMIC SELF-

 

SUFFICIENCY, AND 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.

 

       Sec. 35a. (1) From the appropriations in section 11, there is allocated for 2018-

 

2019 2019-2020 for the purposes of this section an amount not to exceed $27,900,000.00

 

$52,400,000.00 from the state school aid fund and an amount not to exceed

 

$3,500,000.00 $3,000,000.00 from the general fund. The superintendent shall designate

 

staff or contracted employees funded under this section as critical shortage. Programs

 

funded under this section are intended to ensure that this state will be in the top 10

 

most improved states in grade 4 reading proficiency by the 2019 National Assessment of

 

Educational Progress (NAEP) and will be in the A top 10 states overall STATE in grade

 

4 reading proficiency by 2025, ACCORDING TO THE NATIONAL ASSESSMENT OF EDUCATIONAL

 

PROGRESS (NAEP).

 

       (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 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 $31,500,000.00 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 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 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. $112,500.00.

 

       (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 $112,500.00 per early literacy

 

coach. The number of funded early literacy coaches for each intermediate district

 

shall be 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.


       (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 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 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, 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 fund money allocated in subsection (1), the department shall

 

allocate the amount of $3,000,000.00 for 2018-2019 2019-2020 to the Michigan Education

 

Corps for the PreK Reading Corps, AND 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 CORPS’ replication of the Michigan PreK Reading

 

Corps, AND THE 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 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 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 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 ALL 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.

 

       (III) ADULT LITERACY ESSENTIALS TRAINING. THIS INCLUDES THE CREATION OF A

 

RESEARCHED-BASED DOCUMENT THAT OUTLINES PROCESSES AND PRACTICES DESIGNED TO INCREASE

 

MICHIGAN’S CAPACITY TO IMPROVE ADULT LITERACY AND THE CREATION OF PROFESSIONAL

 

DEVELOPMENT TO IMPLEMENT THESE PROCESSES AND PRACTICES.

 

       (IV) IN COLLABORATION WITH THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT,

 

IMPROVED PROCESSES THAT CONNECT STATE RESIDENTS TO ADULT LITERACY OPPORTUNITIES. THIS

 

INCLUDES THE CREATION OF A STATE-SPONSORED TOLL-FREE NUMBER TO DIRECT RESIDENTS TO

 

ADULT LITERACY EDUCATION OPPORTUNITIES AND THE CREATION OF AN EASY-TO-NAVIGATE ADULT

 

EDUCATION RESOURCE WEBSITE, WITH LANGUAGE WRITTEN AT A THIRD GRADE READING LEVEL,


CONNECTING RESIDENTS TO THE TOLL-FREE NUMBER AND TO ADULT LITERACY EDUCATION PROGRAMS

 

ACROSS THE STATE.

 

       (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.

 

       (10) Notwithstanding section 17b, payments made under subsection (9) shall be

 

made not later than March 1, 2019.

 

       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 eligible applicant 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 include all of the following:

 

       (a) For 2018-2019 2019-2020 calculations, 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

 

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 $8,500.00 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 $4,250.00.

 

       (b) The sum of the number of children the applicant has the capacity to serve in

 

2018-2019 2019-2020 in a school-day program multiplied by $7,250.00 $8,500.00 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 2019-2020 multiplied by

 

$3,625.00. $4,250.00.

 

       (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 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 2019-2020 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, 2019-2020, 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 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.

 

       Sec. 39a. (1) 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 $730,600,000.00

 

$725,600,000.00 for the federal programs under the no child left behind act of 2001,

 

Public Law 107-110, or the every student succeeds act, Public Law 114-95. These funds

 

are allocated as follows:

 

       (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 $49,100,000.00 for 2018-

 

2019 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 $5,100,000.00 for 2018-2019 2019-2020

 

for the purpose of promoting and expanding high-quality preschool services, funded

 

from HHS-OCC, preschool development funds.

 

       (3) 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, 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 strict discipline academy is

 

eligible, the department shall allocate to strict discipline academies out of title I,

 

part A funds equal to what a 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

 

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 allocated under this section shall be distributed to eligible

 

districts and eligible public school academies based on the number of full-time

 

equivalent English language learners as follows:

 

       (a) $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 1.0 and

 

1.9, or less, as applicable to each assessment.

 

       (b) $410.00 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.

 

       (3) If funds allocated under this section are insufficient to fully fund the

 

payments as prescribed under subsection (2), payments shall be prorated on an equal

 

percentage basis, with the same percentage proration applied to both funding

 

categories.

 

       (4) 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, not to exceed

 

10 pages, on the usage by the district or public school academy of funds under this

 

section, in a form and manner determined by the department, which shall include a

 

brief description of each program conducted or services performed by the district or

 

public school academy using funds under this section and the amount of funds under

 

this section allocated to each of those programs or services. If a district or public

 

school academy does not comply with this section, 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 by the end of the state fiscal year, the withheld

 

funds shall be forfeited to the school aid fund.

 

       (5) 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 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.

 

       Sec. 51a. (1) From the appropriation in section 11, there is allocated an amount

 

not to exceed $960,446,100.00 for 2017-2018 and there is allocated an amount not to

 

exceed $983,196,100.00 $1,045,496,100.00 for 2018-2019 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 and for 2018-2019 FOR 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

 

2019-2020 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 article 3 of the revised school code,

 

MCL 380.1701 to 380.1761. Notwithstanding section 17b, 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 and estimated at

 

$273,100,000.00 $297,800,000.00 for 2018-2019, 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 made as follows:

 

       (a) 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 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 an amount per special

 

education membership pupil, excluding pupils described in subsection (11), and 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 fiscal year., and that

 

district's per-pupil allocation under section 20m.

 

       (b) After the allocations under subdivision (a), districts and intermediate

 

districts 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 an amount not to exceed $1,300,000.00 and there is allocated 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 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

 

shortfall shall be paid to the district or intermediate district during the fiscal

 

year beginning on the October 1 following the determination and 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

 

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 no deduction under this

 

subsection.

 

       (5) State funds shall be allocated on a total approved cost basis. Federal funds

 

shall be 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 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 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 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 determined in a manner

 

specified by the department and may include indirect costs, but shall 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 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

 

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 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 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 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 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 not be

 

borne by the parent. In addition, the filing of claims shall not delay the education

 

of a pupil. A district or intermediate district shall be 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 included in the membership count of a

 

district, but shall be 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 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 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, and estimated at $3,400,000.00

 

$2,800,000.00 for 2018-2019 2019-2020, to pay the foundation allowances for pupils

 

described in this subsection. 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 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 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 fiscal year., and that

 

district's per-pupil allocation under section 20m. 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 remaining expenditures 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 allocations to

 

intermediate districts only and shall not be allocations to districts, but instead

 

shall be 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 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 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), 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 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 $689,500,000.00 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 federal funds allocated under this section shall be distributed in

 

accordance with federal law. Notwithstanding section 17b, 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. 53a. (1) For districts, reimbursement for pupils described in subsection (2)

 

shall be 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,

 

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 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 funded under this section and shall not

 

be reimbursed under section 58.

 

       (5) Not 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 an amount per-pupil for each

 

pupil in attendance at the Michigan schools for the deaf and blind. The amount shall

 

be proportionate to the total instructional cost at each school. Not 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 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 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 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, payments under this section shall be paid on a

 

schedule determined by the department.

 

       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 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 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 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 2018-2019 shall be made in 2018-2019 2019-2020 at an

 

amount per 2017-2018 2018-2019 membership pupil computed by subtracting from

 

$193,700.00 $197,700.00 the 2017-2018 2018-2019 taxable value behind each membership

 

pupil and multiplying the resulting difference by the 2017-2018 2018-2019 millage

 

levied, and then subtracting from that amount the 2017-2018 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

 

2018-2019 2019-2020 for an intermediate district whose 2017-2018 2018-2019 allocation

 

was affected by the operation of subsection (5) (4) shall be an amount equal to 102.5%

 

of the 2017-2018 2018-2019 allocation to that intermediate district.

 

       (4) (5) The amount paid to a single intermediate district under this section

 

shall not exceed 62.9% of the total amount allocated under subsection (2).

 

       (5) (6) The amount paid to a single intermediate district under this section

 

shall not be 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 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 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 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 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 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, 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 definition of what

 

constitutes administration and reimbursement shall be pursuant to guidelines adopted

 

by the superintendent. Not 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 (1) and (5), from the

 

general fund money appropriated in section 11, there is allocated for 2018-2019 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 section 11, there is allocated an amount

 

not to exceed $8,000,000.00 each fiscal year for 2017-2018 and for 2018-2019 for

 

FISCAL YEAR 2019-2020 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), 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 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

 

include, but 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 and modified 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 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 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.

 

       (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 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 to each eligible CTE early/middle college or CTE dual enrollment

 

program shall be 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 from the funds under subsection (1) an amount not to

 

exceed $500,000.00 each fiscal year for 2017-2018 and for 2018-2019 FOR FISCAL YEAR

 

2019-2020 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 be submitted in a form and manner determined by the

 

department. The amount of a grant under this subsection shall not exceed $50,000.00.

 

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, payments under this


subsection may be made as 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 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.

 

       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 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

 

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 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 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 2018-2019 shall be

 

made in 2018-2019 2019-2020 at an amount per 2017-2018 2018-2019 membership pupil

 

computed by subtracting from $205,700.00 $210,600.00 the 2017-2018 2018-2019 taxable

 

value behind each membership pupil and multiplying the resulting difference by the

 

2017-2018 2018-2019 millage levied, and then subtracting from that amount the 2017-

 

2018 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.

 

       (4) (5) The amount paid to a single intermediate district under this section

 

shall not exceed 38.4% of the total amount allocated under subsection (2).


       (5) (6) The amount paid to a single intermediate district under this section

 

shall not be less than 75% of the amount allocated to the intermediate district under

 

this section for the immediately preceding fiscal year.

 

       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 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 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. 74. (1) From the amount appropriated in section 11, there is allocated an

 

amount not to exceed $3,754,900.00 $3,772,900.00 for 2018-2019 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

 

section 51 of the pupil transportation act, 1990 PA 187, MCL 257.1851. The 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 not exceed the hourly rate received


for driving a school bus. 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 section 1323 of the revised

 

school code, MCL 380.1323. Districts funded under this subsection shall 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 $1,747,900.00 for 2018-2019 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 not exceed the amount allocated under this subsection.

 

Notwithstanding section 17b, payments to eligible entities under this subsection shall


be paid on a schedule prescribed by the department.

 

       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 $70,849,000.00 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% 103.5% of the amount allocated to the intermediate district under

 

this section for 2017-2018. 2018-2019. 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, 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, 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 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 $16,457,200.00 for 2018-2019 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 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 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 to the state

 

school aid fund. or to the general fund. The department of treasury shall be 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), 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 in the educator evaluation reserve fund shall not be expended unless

 

the state budget office has approved the department's spending plan.

 

       Sec. 98. (1) From the general fund money appropriated in section 11, there is

 

allocated an amount not to exceed $7,387,500.00 for 2018-2019 2019-2020 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 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 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 MISTEAM 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 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 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 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. 2030.

 

       (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.

 

       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 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 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 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, 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 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 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.

 

       Sec. 99s. (1) From the funds appropriated under section 11, there is allocated

 

for 2018-2019 2019-2020 an amount not to exceed $7,634,300.00 from the state school

 

aid fund appropriation and an amount not to exceed $300,000.00 from the general fund

 

appropriation for Michigan science, technology, ARTS, engineering, and mathematics


(MiSTEM), (MISTEAM) programs. In addition, from the federal funds appropriated in

 

section 11, there is allocated for 2018-2019 2019-2020 THE AMOUNT AVAILABLE, an amount

 

estimated at $3,500,000.00 $235,000.00 from DED-OESE, title II, mathematics and

 

science partnership grants. THE MISTEAM NETWORK IS PERMITTED TO RECEIVE PRIVATE FUNDS

 

AND SHALL EXPEND THESE FUNDS IN ALIGNMENT WITH THE STATEWIDE STEAM STRATEGY. 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, payments under this section shall be paid on a schedule

 

determined by the department.

 

       (2) All of the following apply to the MiSTEM MISTEAM advisory council:

 

       (a) The MiSTEM MISTEAM advisory council is created. The MiSTEM MISTEAM advisory

 

council shall provide to the governor, legislature, department of talent and economic

 

development, and department recommendations designed to improve and promote innovation

 

in STEM STEAM education and to prepare students for careers in science, technology,

 

engineering, ARTS, and mathematics.

 

       (b) The MiSTEM MISTEAM advisory council created under subdivision (a) shall

 

consist of the following members:

 

       (i) The governor shall appoint 11 9 voting members who are representative of

 

business sectors that are important to Michigan's economy and rely on a STEM-educated

 

STEAM-EDUCATED workforce, nonprofit organizations and associations that promote STEM

 

STEAM education, K-12 and postsecondary education entities involved in STEM-related

 

STEAM-RELATED career education, or other sectors as considered appropriate by the

 

governor. IN ADDITION, THE GOVERNOR SHALL APPOINT 2 VOTING MEMBERS FROM THE MEMBERSHIP

 

OF THE MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS. Each of these members shall

 

serve 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 MISTEAM 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

 

MISTEAM advisory council, including 1 majority party member and 1 minority party

 

member.

 

       (IV) THE GOVERNOR SHALL APPOINT 1 EX-OFFICIO MEMBER TO THE MISTEAM ADVISORY

 

COUNCIL.

 

       (c) Each member of the MiSTEM MISTEAM advisory council shall serve without

 

compensation.

 

       (d) The MiSTEM MISTEAM 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 STEAM

 

education-related opportunities to pupils. The MiSTEM MISTEAM 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 STEAM programs.

 

       (e) The MiSTEM MISTEAM 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 be for a program approved by

 

the MiSTEM MISTEAM advisory council. To be eligible for MiSTEM MISTEAM 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 STEAM experiences or


professional learning experiences.

 

       (f) The MiSTEM MISTEAM 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.

 

       (IV) ARTS.

 

       (g) The MiSTEM MISTEAM advisory council is encouraged to work with the MiSTEM

 

MISTEAM 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 MISTEAM 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 STEAM strategy plan and rating system recommended

 

by the MiSTEM MISTEAM advisory council. Each grant must provide STEM STEAM education-

 

related opportunities for pupils.

 

       (i) The MiSTEM MISTEAM advisory council shall work with the executive director of

 

the MiSTEM MISTEAM network to implement the statewide STEM STEAM strategy adopted by

 

the MiSTEM MISTEAM 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 MISTEAM 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 MISTEAM 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 THE fiscal agent for each MiSTEM MISTEAM network region

 

shall receive $200,000.00 for the base operations of each region. 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 fiscal

 

year.

 

       (5) A MiSTEM MISTEAM network region shall do all of the following:

 

       (a) Collaborate with the career and educational advisory council that is located

 

in the MiSTEM MISTEAM region to develop a regional strategic plan for STEM STEAM

 

education that creates a robust regional STEM STEAM culture, that empowers STEM STEAM

 

teachers, that integrates business and education into the STEM STEAM network, and that

 

ensures high-quality STEM STEAM experiences for pupils. At a minimum, a regional STEM

 

STEAM strategic plan should do all of the following:

 

       (i) Identify regional employer need for STEM STEAM.

 

       (ii) Identify processes for regional employers and educators to create guided

 

pathways for STEM STEAM careers that include internships or externships,

 

apprenticeships, and other experiential engagements for pupils.

 

       (iii) Identify educator professional development LEARNING opportunities,

 

including internships or externships and apprenticeships, that integrate this state's

 

science standards into high-quality STEM STEAM experiences that engage pupils.

 

       (b) Facilitate regional STEM STEAM events such as educator and employer

 

networking and STEM STEAM career fairs to raise STEM STEAM awareness.

 

       (c) Contribute to the MiSTEM MISTEAM website and engage in other MiSTEM MISTEAM

 

network functions to further the mission of STEM STEAM in this state in coordination

 

with the MiSTEM MISTEAM 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 MISTEAM network region.

 

       (e) Work with districts to provide STEM STEAM 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 MISTEAM 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 PRIVATE FUNDS RECEIVED BY THE MISTEAM NETWORK UNDER SUBSECTION (1), a grant

 

recipient 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 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 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

 

MISTEAM network region that receives funds under subsection (4) shall report to the

 

executive director of the MiSTEM MISTEAM network in a form and manner prescribed by

 

the executive director on performance measures developed by the MiSTEM MISTEAM network

 

regions and approved by the executive director. The performance measures shall be

 

designed to ensure that the activities of the MiSTEM MISTEAM network are improving


student academic outcomes.

 

       (10) Not more than 5% of a MiSTEM MISTEAM network region grant under subsection

 

(4) or (6) may be retained by a fiscal agent for serving as the fiscal agent of a

 

MiSTEM MISTEAM 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 TALENT AND ECONOMIC DEVELOPMENT to support the functions of the executive

 

director and executive assistant for the MiSTEM MISTEAM network, and for

 

administrative, training, and travel costs related to the MiSTEM MISTEAM advisory

 

council. The executive director and executive assistant for the MiSTEM MISTEAM network

 

shall do all of the following:

 

       (a) Serve as a liaison among and between the department, the department of

 

technology, management, and budget, TALENT AND ECONOMIC DEVELOPMENT, the MiSTEM

 

MISTEAM advisory council, the Michigan mathematics and science centers network, the

 

governor's FUTURE talent investment board, COUNCIL, the general education leadership

 

network, and the MiSTEM MISTEAM regions, AND ANY OTHER RELEVANT ORGANIZATIONS OR

 

ENTITIES in a manner that creates a robust statewide STEM STEAM culture, that empowers

 

STEM STEAM teachers, that integrates business and education into the STEM STEAM

 

network, and that ensures high-quality STEM STEAM 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 STEAM

 

awareness and communicate STEM STEAM needs and opportunities to pupils, parents,

 

educators, and the business community.

 

       (c) Work with the department and the MiSTEM MISTEAM advisory council to

 

coordinate, award, and monitor MiSTEM MISTEAM state and federal grants to the MiSTEM

 

MISTEAM 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

 

MISTEAM advisory council annually on the activities and performance of the MiSTEM

 

MISTEAM 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 MISTEAM

 

strategic vision, and regional objectives.

 

       (f) Coordinate major grant application efforts with the MiSTEM MISTEAM advisory

 

council to assist regional staff with grant applications on a local level. The MiSTEM

 

MISTEAM 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 MISTEAM advisory council and the department.

 

       (h) Collaborate with the MiSTEM network to hire MiSTEM HIRE MISTEAM network

 

region staff IN COLLABORATION WITH THE NETWORK REGION FISCAL AGENTS.

 

       (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" "STEAM" means science, technology, engineering, ARTS, 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. 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 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 OTHER DISTRICTS, 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 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 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, 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 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 the effective date of

 

the amendatory act that added this subdivision, 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.

 

       (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 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 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).

 

       (d) Hours or days lost because of strikes or teachers’ conferences shall 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.

 

       (f) Except as otherwise provided in subdivisions (g) and (h), a district not

 

having at least 75% of the district’s membership in attendance on any day of pupil

 

instruction shall receive state aid in that proportion of 1/180 that the actual

 

percent of attendance bears to the specified percentage.

 

       (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) 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 district shall receive state aid in that

 

proportion of 1/180 that the actual percentage of attendance bears to the specified

 

percentage. 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.

 

       (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). The waiver shall indicate that an eligible district is subject to the proration

 

provisions of subdivision (f) 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.

 

       (i) All of the following apply to a waiver granted under subdivision (h):

 

       (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.

 

       (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, shall be counted as hours

 

and days of pupil instruction. 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 counted as hours or days of pupil instruction.

 

       (5) A district shall 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 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 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 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 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 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. QUALIFYING PROFESSIONAL DEVELOPMENT

 

EXCEEDING 5 HOURS IN A SINGLE DAY MAY BE COUNTED AS A DAY OF PUPIL INSTRUCTION. 8

 

HOURS OF QUALIFYING PROFESSIONAL DEVELOPMENT COUNTED AS HOURS OF PUPIL INSTRUCTION

 

UNDER THIS SUBSECTION MUST BE RECOMMENDED BY A DISTRICTWIDE PROFESSIONAL DEVELOPMENT

 

ADVISORY COMMITTEE. THE COMMITTEE SHALL BE APPOINTED BY THE DISTRICT BOARD AND SHALL


BE COMPOSED OF TEACHERS EMPLOYED BY THE DISTRICT, REPRESENTING A VARIETY OF GRADES AND

 

SUBJECT MATTER SPECIALIZATIONS, INCLUDING SPECIAL EDUCATION; AND NON-TEACHING STAFF,

 

INCLUDING PARENTS AND ADMINISTRATORS. THE MAJORITY MEMBERSHIP OF THE COMMITTEE SHALL

 

BE COMPOSED OF TEACHING STAFF. 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 MEETS ALL 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.

 

       (A) IS ALIGNED TO THE SCHOOL OR DISTRICT IMPROVEMENT PLAN FOR THE SCHOOL OR

 

DISTRICT IN WHICH THE PROFESSIONAL DEVELOPMENT IS BEING PROVIDED.

 

       (B) IS LINKED TO ONE OF MORE CRITERIA IN THE EVALUATION TOOL DEVELOPED OR ADOPTED

 

BY THE SCHOOL DISTRICT, INTERMEDIATE DISTRICT, OR PUBLIC SCHOOL ACADEMY UNDER SECTION

 

1249 OF THE REVISED SCHOOL CODE, MCL 380.1249.

 

       (C) 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 CANNOT EXCEED THE NUMBER OF STATE CONTINUING EDUCATION

 

CLOCK HOURS FOR WHICH THE QUALIFYING PROFESSIONAL DEVELOPMENT WAS APPROVED.

 

       (D) TAKES PLACE AFTER THE FIRST SCHEDULED DAY OF SCHOOL AND BEFORE THE LAST


SCHEDULED DAY OF SCHOOL. NO MORE THAN 10 HOURS QUALIFYING PROFESSIONAL DEVELOPMENT MAY

 

BE DELIVERED IN A SINGLE MONTH.

 

       (E) AT LEAST 75% OF TEACHERS SCHEDULED TO PARTICIPATE IN THE PROFESSIONAL

 

DEVELOPMENT ARE IN ATTENDANCE. QUALIFYING PROFESSIONAL DEVELOPMENT MAY ONLY BE COUNTED

 

AS INSTRUCTIONAL HOURS FOR THE STUDENTS OF THOSE TEACHERS SCHEDULED TO PARTICIPATE IN

 

THE QUALIFYING PROFESSIONAL DEVELOPMENT.

 

       (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. 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 $31,009,400.00 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 FISCAL YEAR 2018-2019 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 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 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 $2,000,000.00 FOR

 

2019-2020 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 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.

 

       (4) (A) FROM THE FUNDS ALLOCATED IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT

 

NOT TO EXCEED $2,500,000.00 FOR 2019-2020 FOR PAYMENTS ON BEHALF OF DISTRICTS FOR THE

 

DEPARTMENT TO IMPLEMENT, ON A SAMPLE BASIS STATEWIDE, A MICHIGAN KINDERGARTEN ENTRY

 

OBSERVATION TOOL, AS PILOTED UNDER THIS SUBSECTION IN 2018-2019.


       (B) BY JANUARY 1, 2020, THE DEPARTMENT, IN COLLABORATION WITH INTERMEDIATE

 

DISTRICTS RECEIVING FUNDING UNDER SECTION 32D, SHALL ENSURE THAT THE MICHIGAN

 

KINDERGARTEN ENTRY OBSERVATION TOOL IS ADMINISTERED TO A REPRESENTATIVE SAMPLE OF NOT

 

LESS THAN 35% OF THE TOTAL KINDERGARTEN PUPILS ENROLLED STATEWIDE. THE DEPARTMENT MAY

 

ALSO COLLABORATE WITH A RESEARCH PARTNER TO DRAW STATEWIDE SAMPLES TO ASSESS THE

 

KINDERGARTEN READINESS OF SUBGROUPS BASED ON POVERTY AND RACE, DIFFERENCES IN

 

GEOGRAPHIC CHARACTERISTICS, AND TYPE OF PROGRAM THE PUPILS MAY HAVE PARTICIPATED IN

 

PRIOR TO KINDERGARTEN. BEGINNING IN 2020-2021, THE OBSERVATION TOOL MUST BE CONDUCTED

 

NO LATER THAN DECEMBER 1 OF EACH YEAR.

 

       (C) THE DEPARTMENT, IN COLLABORATION WITH INTERMEDIATE DISTRICTS RECEIVING

 

FUNDING UNDER SECTION 32D, SHALL IMPLEMENT A "TRAIN THE TRAINER" PROFESSIONAL

 

DEVELOPMENT MODEL ON THE USAGE OF THE MICHIGAN KINDERGARTEN ENTRY OBSERVATION TOOL.

 

THIS MODEL SHALL PROVIDE TRAINING TO INTERMEDIATE DISTRICT STAFF SO THAT THEY MAY

 

PROVIDE SIMILAR TRAINING FOR STAFF OF THE CONSTITUENT DISTRICTS. THIS TRAINING SHALL

 

ENSURE THAT THE TOOL PRODUCES RELIABLE DATA AND THAT THERE ARE A SUFFICIENT NUMBER OF

 

TRAINED OBSERVERS STATEWIDE. 

 

       (D) NOT LATER THAN MARCH 1 OF EACH YEAR, THE DEPARTMENT 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 SAMPLE, WHICH

 

SHALL INCLUDE, BUT ARE NOT LIMITED TO, DEMONSTRATED READINESS OF KINDERGARTEN PUPILS

 

STATEWIDE AND THE EFFECTIVENESS OF THE GREAT START READINESS PROGRAM FUNDED UNDER

 

SECTION 32D, AND THE EFFECTIVENESS OF OTHER STATE EARLY CHILDHOOD PROGRAMS.

 

        (E) AS USED IN THIS SUBSECTION, "REPRESENTATIVE SAMPLE" MEANS A SAMPLE CAPABLE

 

OF PRODUCING VALID AND RELIABLE ASSESSMENT INFORMATION ON ALL OR MAJOR SUBGROUPS OF

 

KINDERGARTEN STUDENTS IN THE CONSTITUENT 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, 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. 104b. (1) In order to receive state aid under this article, a district shall

 

comply with this section and shall administer the Michigan merit examination to pupils

 

in grade 11, and to pupils in grade 12 who did not take the complete Michigan merit

 

examination in grade 11, as provided in this section. The Michigan merit examination

 

consists of a college entrance test, work skills test, and the summative assessment

 

known as the Michigan student test of educational progress (M-STEP).

 

       (2) For the purposes of this section, the department of technology, management,


and budget shall contract with 1 or more providers to develop, supply, and score the

 

Michigan merit examination. The Michigan merit examination shall consist of all of the

 

following:

 

       (a) Assessment instruments that measure English language arts, mathematics,

 

reading, and science, and are used by the majority of colleges and universities in

 

this state for entrance purposes. This may include 1 or more writing components. In

 

selecting assessment instruments to fulfill the requirements of this subdivision, the

 

department may consider the degree to which those assessment instruments are aligned

 

to this state’s content standards.

 

       (b) One or more tests from 1 or more test developers that assess a pupil’s

 

ability to apply at least reading and mathematics skills in a manner that is intended

 

to allow employers to use the results in making employment decisions. The department

 

of technology, management, and budget and the superintendent shall ensure that any

 

test or tests selected under this subdivision have all the components necessary to

 

allow a pupil to be eligible to receive the results of a nationally recognized

 

evaluation of workforce readiness if the pupil’s test performance is adequate.

 

       (c) A social studies component.

 

       (d) Any other component that is necessary to obtain the approval of the United

 

States Department of Education to use the Michigan merit examination for the purposes

 

of the no child left behind act of 2001, Public Law 107-110, or the every student

 

succeeds act, Public Law 114-95.

 

       (3) In addition to all other requirements of this section, all of the following

 

apply to the Michigan merit examination:

 

       (a) The department of technology, management, and budget and the superintendent

 

shall ensure that any contractor used for scoring the Michigan merit examination

 

supplies an individual report for each pupil that will identify for the pupil’s

 

parents and teachers whether the pupil met expectations or failed to meet expectations


for each standard, to allow the pupil’s parents and teachers to assess and remedy

 

problems before the pupil moves to the next grade.

 

       (b) The department of technology, management, and budget and the superintendent

 

shall ensure that any contractor used for scoring, developing, or processing the

 

Michigan merit examination meets quality management standards commonly used in the

 

assessment industry, including at least meeting level 2 of the capability maturity

 

model developed by the Software Engineering Institute of Carnegie Mellon University

 

for the first year the Michigan merit examination is offered to all grade 11 pupils

 

and at least meeting level 3 of the capability maturity model for subsequent years.

 

       (c) The department of technology, management, and budget and the superintendent

 

shall ensure that any contract for scoring, administering, or developing the Michigan

 

merit examination includes specific deadlines for all steps of the assessment process,

 

including, but not limited to, deadlines for the correct testing materials to be

 

supplied to schools and for the correct results to be returned to schools, and

 

includes penalties for noncompliance with these deadlines.

 

       (d) The superintendent shall ensure that the Michigan merit examination meets all

 

of the following:

 

       (i) Is designed to test pupils on this state’s content standards in all subjects

 

tested.

 

       (ii) Complies with requirements of the no child left behind act of 2001, Public

 

Law 107-110 or the every student succeeds act, Public Law 114-95.

 

       (iii) Is consistent with the code of fair testing practices in education prepared

 

by the Joint Committee on Testing Practices of the American Psychological Association.

 

       (iv) Is factually accurate. If the superintendent determines that a question is

 

not factually accurate and should be excluded from scoring, the state board and the

 

superintendent shall ensure that the question is excluded from scoring.

 

       (4) A district shall include on each pupil’s high school transcript all of the


following:

 

       (a) For each high school graduate who has completed the Michigan merit

 

examination under this section, the pupil’s scaled score on each subject area

 

component of the Michigan merit examination.

 

       (b) The number of school days the pupil was in attendance at school each school

 

year during high school and the total number of school days in session for each of

 

those school years.

 

       (5) The superintendent shall work with the provider or providers of the Michigan

 

merit examination to produce Michigan merit examination subject area scores for each

 

pupil participating in the Michigan merit examination. To the extent that the

 

department determines that additional test items beyond those included in the college

 

entrance component of the Michigan merit examination are required in a particular

 

subject area, the department shall ensure that all test items in that subject area are

 

scaled and merged for the purposes of producing a Michigan merit examination subject

 

area score. The superintendent shall design and distribute to districts, intermediate

 

districts, and nonpublic schools a simple and concise document that describes the

 

scoring for each subject area and indicates the scaled score ranges for each subject

 

area.

 

       (6) The Michigan merit examination shall be administered in each district during

 

the last 12 weeks of the district’s school year. The superintendent shall ensure that

 

the Michigan merit examination is scored and the scores are returned to pupils, their

 

parents or legal guardians, and districts not later than the beginning of the pupil’s

 

first semester of grade 12. The returned scores shall indicate at least the pupil’s

 

scaled score for each subject area component and the range of scaled scores for each

 

subject area. In reporting the scores to pupils, parents, and schools, the

 

superintendent shall provide standards-specific, meaningful, and timely feedback on

 

the pupil’s performance on the Michigan merit examination.


       (7) A district shall administer the complete Michigan merit examination to a

 

pupil only once and shall not administer the complete Michigan merit examination to

 

the same pupil more than once. If a pupil does not take the complete Michigan merit

 

examination in grade 11, the district shall administer the complete Michigan merit

 

examination to the pupil in grade 12. If a pupil chooses to retake the college

 

entrance examination component of the Michigan merit examination, as described in

 

subsection (2)(a), the pupil may do so through the provider of the college entrance

 

examination component and the cost of the retake is the responsibility of the pupil

 

unless all of the following are met:

 

       (a) The pupil has taken the complete Michigan merit examination.

 

       (b) The pupil meets the income eligibility criteria for free breakfast, lunch, or

 

milk, as determined under the Richard B. Russell national school lunch act, 42 USC

 

1751 to 1769i.

 

       (c) The pupil has applied to the provider of the college entrance examination

 

component for a scholarship or fee waiver to cover the cost of the retake and that

 

application has been denied.

 

       (d) After taking the complete Michigan merit examination, the pupil has not

 

already received a free retake of the college entrance examination component paid for

 

either by this state or through a scholarship or fee waiver by the provider.

 

       (8) The superintendent shall ensure that the length of the Michigan merit

 

examination and the combined total time necessary to administer all of the components

 

of the Michigan merit examination are the shortest possible that will still maintain

 

the degree of reliability and validity of the Michigan merit examination results

 

determined necessary by the superintendent. The superintendent shall ensure that the

 

maximum total combined length of time that schools are required to set aside for

 

pupils to answer all test questions on the Michigan merit examination does not exceed

 

8 hours if the superintendent determines that sufficient alignment to applicable


Michigan merit curriculum content standards can be achieved within that time limit.

 

       (9) A district shall provide accommodations to a pupil with disabilities for the

 

Michigan merit examination, as provided under section 504 of title V of the

 

rehabilitation act of 1973, 29 USC 794; subtitle A of title II of the Americans with

 

disabilities act of 1990, 42 USC 12131 to 12134; the individuals with disabilities

 

education act amendments of 1997, Public Law 105-17; and the implementing regulations

 

for those statutes. The provider or providers of the Michigan merit examination and

 

the superintendent shall mutually agree upon the accommodations to be provided under

 

this subsection.

 

       (10) To the greatest extent possible, the Michigan merit examination shall be

 

based on this state’s content standards, as appropriate. Annually, after each

 

administration of the Michigan merit examination, the department shall provide a

 

report of the points per standard so that teachers will know what content will be

 

covered within the Michigan merit examination. The department may augment the college

 

entrance and work skills components of the Michigan merit examination to develop the

 

assessment, depending on the alignment of those components to this state’s content

 

standards. If these components do not align to these standards, the department shall

 

produce additional components as required by law, while minimizing the amount of time

 

needed for assessments.

 

       (11) A child who is a student in a nonpublic school or home school may take the

 

Michigan merit examination under this section. To take the Michigan merit examination,

 

a child who is a student in a home school shall contact the district in which the

 

child resides, and that district shall administer the Michigan merit examination, or

 

the child may take the Michigan merit examination at a nonpublic school if allowed by

 

the nonpublic school. Upon request from a nonpublic school, the superintendent shall

 

direct the provider or providers to supply the Michigan merit examination to the

 

nonpublic school and the nonpublic school may administer the Michigan merit


examination. If a district administers the Michigan merit examination under this

 

subsection to a child who is not enrolled in the district, the scores for that child

 

are not considered for any purpose to be scores of a pupil of the district.

 

       (12) In contracting under subsection (2), the department of technology,

 

management, and budget shall consider a contractor that provides electronically-scored

 

essays with the ability to score constructed response feedback in multiple languages

 

and provide ongoing instruction and feedback.

 

       (13) The purpose of the Michigan merit examination is to assess pupil performance

 

in mathematics, science, social studies, and English language arts for the purpose of

 

improving academic achievement and establishing a statewide standard of competency.

 

The assessment under this section provides a common measure of data that will

 

contribute to the improvement of Michigan schools’ curriculum and instruction by

 

encouraging alignment with Michigan’s curriculum framework standards and promotes

 

pupil participation in higher level mathematics, science, social studies, and English

 

language arts courses. These standards are based upon the expectations of what pupils

 

should learn through high school and are aligned with national standards.

 

       (14) For a pupil enrolled in a middle college program, other than a middle

 

college operated as a shared educational entity or a specialized shared educational

 

entity, if the pupil receives at least 50% of his or her instruction at the high

 

school while in grade 11, the Michigan merit examination shall be administered to the

 

pupil at the high school at which the pupil receives high school instruction, and the

 

department shall include the pupil’s scores on the Michigan merit examination in the

 

scores for that high school for all purposes for which a school's or district's

 

results are reported. The department shall allow the middle college program to use a

 

5-year graduation rate for determining adequate yearly progress. As used in this

 

subsection, "middle college" means a program consisting of a series of courses and

 

other requirements and conditions, including an early college or other program created


under a memorandum of understanding, that allows a pupil to graduate from high school

 

with both a high school diploma and a certificate or degree from a community college

 

or state public university.

 

       (15) As used in this section:

 

       (a) "English language arts" means reading and writing.

 

       (b) "Social studies" means United States history, world history, world geography,

 

economics, and American government.

 

       (16) For each report made by the department that includes the statewide

 

assessment results for a school building, the department shall include the scores for

 

the statewide assessment and the graduation rate for consortium pupils with the scores

 

for the school building in the participating district in which the consortium pupil is

 

enrolled or would otherwise attend. The statewide assessment for a consortium pupil

 

may be administered either at the consortium location or at the school building in the

 

participating district in which the consortium pupil is enrolled or would otherwise

 

attend. For the purposes of this subsection, a consortium pupil is a pupil who is

 

enrolled or participating in a participating district in a school or program operated

 

as a consortium or under a cooperative arrangement formed by 2 or more districts or

 

intermediate districts, including, but not limited to, a consortium or cooperative

 

arrangement operated as a program, a shared educational entity, a specialized

 

educational entity, or a special education center program.

 

       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 meet all of

 

the following requirements:

 

       (a) The summative assessment system shall measure student proficiency on the

 

current state standards, shall measure student growth for consecutive grade levels in

 

which students are assessed in the same subject area in both grade levels, and shall

 

be capable of measuring individual student performance.

 

       (b) The summative assessments for English language arts and mathematics shall 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 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 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 be aligned to state standards.

 

       (f) The pool of questions for the summative assessments shall 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 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 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 ensure the capability of reporting the

 

available data to support educator evaluations.

 

       (j) The summative assessment system shall 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 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 ensure that the assessments are pilot

 

tested before statewide implementation.

 

       (m) The summative assessment system shall 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 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 THE summative assessment system

 

shall 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 occur not later than the 2018-2019 school year. These

 

assessments are necessary to determine a pupil’s proficiency level before grade 3.

 

       (4) (5) This section does not prohibit districts from adopting interim

 

assessments.

 

       (5) (6) As used in this section, "English language arts" means that term as

 

defined in section 104b.

 

       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)

 

(15) and (15), (19), 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 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 be at

 

least 18 years of age and the individual's graduating class shall have graduated,

 

MAKING THE INDIVIDUAL ELIGIBLE JULY 1 AFTER THE INDIVIDUAL TURNS 18 YEARS OF AGE.

 

       (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 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 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 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 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 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 a pre-test approved by the department before

 

enrolling an individual to determine the individual's literacy levels, shall

 

administer a high school equivalency practice test to determine the individual's

 

potential for success on the high school equivalency test, and shall administer a

 

post-test upon completion of the program in compliance with the state-approved

 

assessment policy.

 

       (c) A funding recipient shall receive 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 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 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.

 

       (11) An individual who is an inmate in a state correctional facility shall not be

 

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 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 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 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 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 grant to each program shall be up to

 

$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 satisfy all of the following:

 

       (a) Shall connect adult education participants ACTIVELY WORKING TOWARD OBTAINING

 

A HIGH SCHOOL DIPLOMA OR A HIGH SCHOOL EQUIVALENCY CERTIFICATE directly with employers

 

by linking adult education, career and technical skills, and workforce development.

 

       (b) Shall 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 be dually enrolled in

 

adult education programming ACTIVELY WORKING TOWARD OBTAINING A HIGH SCHOOL DIPLOMA OR

 

A HIGH SCHOOL EQUIVALENCY CERTIFICATE and at least 1 technical course at the area

 

career and technical center.

 

       (c) Shall have 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 funded in 2018-2019 2019-2020 unless the program

 

ceases operation. The intermediate district in which that pilot program was funded

 

shall be 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) IN ADDITION TO THE FUNDING ALLOCATED UNDER SUBSECTION (1), THERE IS

 

ALLOCATED 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 SUBSECTION (15). PAYMENTS MADE TO EACH FUNDING RECIPIENT SHALL

 

BE IN THE SAME PROPORTION AS FUNDING CALCULATED AND ALLOCATED UNDER SUBSECTION (4).

 

       (20) (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.

 

       (21) (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.

 

       (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 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 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 $171,986,000.00 for 2018-2019 2019-20 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 $83,000.00 for

 

2018-2019 2019-2020 for payments to participating district libraries. The amount

 

allocated to each participating entity under this subsection shall be 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. 147b. (1) The MPSERS retirement obligation reform 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 MPSERS retirement obligation reform reserve fund. The state treasurer

 

shall direct the investment of the MPSERS retirement obligation reform reserve fund.

 

The state treasurer shall credit to the MPSERS retirement obligation reform reserve

 

fund interest and earnings from the MPSERS retirement obligation reform reserve fund.

 

       (3) Money available in the MPSERS retirement obligation reform reserve fund shall

 

not be expended without a specific appropriation.


       (4) Money in the MPSERS retirement obligation reform reserve fund at the close of

 

the fiscal year shall remain in the MPSERS retirement obligation reform reserve fund

 

and shall not lapse to the state school aid fund or to the general fund. The

 

department of treasury shall be the administrator of the MPSERS retirement obligation

 

reform reserve fund for auditing purposes.

 

       (5) FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020, $40,000,000.00 FROM THE STATE

 

SCHOOL AID FUND SHALL BE DEPOSITED INTO THE MPSERS RETIREMENT OBLIGATION REFORM

 

RESERVE FUND.

 

       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 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 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.

 

       (E) (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.

 

       (F) (g) It is the intent of the legislature that any funds FUNDS allocated under

 

this subsection are SHALL first BE applied to pension contributions, and if any funds

 

remain after that payment, those remaining funds shall be applied to other

 

postemployment benefit contributions.

 

       (G) (h) As used in this subsection:

 

       (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 2019-2020 AN AMOUNT NOT TO EXCEED

 

$42,571,000.00 from the MPSERS retirement obligation reform reserve fund and

 

$5,700,000.00 from the state school aid fund for payments to participating entities.

 

       (2) The payment to each participating entity under this section shall be 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. 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.


ARTICLE II

 

STATE AID TO COMMUNITY COLLEGES

 

       Sec. 201. (1) Subject to the conditions set forth in this article, the amounts

 

listed in this section are appropriated for community colleges for the fiscal year

 

ending September 30, 2019 2020, from the funds indicated in this section. The

 

following is a summary of the appropriations in this section:

 

       (a) The gross appropriation is $408,215,500.00 $421,164,000.00. After deducting

 

total interdepartmental grants and intradepartmental transfers in the amount of $0.00,

 

the adjusted gross appropriation is $408,215,500.00 $421,164,000.00.

 

       (b) The sources of the adjusted gross appropriation described in subdivision (a)

 

are as follows:

 

       (i) Total federal revenues, $0.00.

 

       (ii) Total local revenues, $0.00.

 

       (iii) Total private revenues, $0.00.

 

       (iv) Total other state restricted revenues, $408,215,500.00 $408,215,500.00.

 

       (v) State general fund/general purpose money, $0.00 $12,948,500.00.

 

       (2) Subject to subsection (3), the amount appropriated for community college

 

operations is $322,250,900.00 $331,918,400.00, allocated as follows:

 

       (a) The appropriation for Alpena Community College is $5,707,600.00

 

$5,857,300.00, $5,665,900.00 $5,707,600.00 for operations and $41,700.00 $149,700.00

 

for performance funding.

 

       (b) The appropriation for Bay de Noc Community College is $5,624,800.00

 

$5,776,700.00, $5,589,000.00 $5,624,800.00 for operations and $35,800.00 $151,900.00

 

for performance funding.

 

       (c) The appropriation for Delta College is $15,104,300.00 $15,535,300.00,

 

$14,990,700.00 $15,104,300.00 for operations and $113,600.00 $431,000.00 for

 

performance funding.


       (d) The appropriation for Glen Oaks Community College is $2,620,000.00

 

$2,700,900.00, $2,601,400.00 $2,620,000.00 for operations and $18,600.00 $80,900.00

 

for performance funding.

 

       (e) The appropriation for Gogebic Community College is $4,844,300.00

 

$4,963,400.00, $4,809,700.00 $4,844,300.00 for operations and $34,600.00 $119,100.00

 

for performance funding.

 

       (f) The appropriation for Grand Rapids Community College is $18,709,300.00

 

$19,330,000.00, $18,556,800.00 $18,709,300.00 for operations and $152,500.00

 

$620,700.00 for performance funding.

 

       (g) The appropriation for Henry Ford College is $22,463,600.00 $23,088,400.00,

 

$22,299,200.00 $22,463,600.00 for operations and $164,400.00 $624,800.00 for

 

performance funding.

 

       (h) The appropriation for Jackson College is $12,698,200.00 $13,019,900.00,

 

$12,617,200.00 $12,698,200.00 for operations and $81,000.00 $321,700.00 for

 

performance funding.

 

       (i) The appropriation for Kalamazoo Valley Community College is $13,046,600.00

 

$13,432,500.00, $12,948,700.00 $13,046,600.00 for operations and $97,900.00

 

$385,900.00 for performance funding.

 

       (j) The appropriation for Kellogg Community College is $10,214,400.00

 

$10,501,400.00, $10,143,600.00 $10,214,400.00 for operations and $70,800.00

 

$287,000.00 for performance funding.

 

       (k) The appropriation for Kirtland Community College is $3,321,600.00

 

$3,455,200.00, $3,289,400.00 $3,321,600.00 for operations and $32,200.00 $133,600.00

 

for performance funding.

 

       (l) The appropriation for Lake Michigan College is $5,672,100.00 $5,843,900.00,

 

$5,631,000.00 $5,672,100.00 for operations and $41,100.00 $171,800.00 for performance

 

funding.


       (m) The appropriation for Lansing Community College is $32,725,800.00

 

$33,560,800.00, $32,515,500.00 $32,725,800.00 for operations and $210,300.00

 

$835,000.00 for performance funding.

 

       (n) The appropriation for Macomb Community College is $34,124,000.00

 

$35,095,600.00, $33,863,600.00 $34,124,000.00 for operations and $260,400.00

 

$971,600.00 for performance funding.

 

       (o) The appropriation for Mid Michigan Community College is $5,112,400.00

 

$5,290,200.00, $5,068,300.00 $5,112,400.00 for operations and $44,100.00 $177,800.00

 

for performance funding.

 

       (p) The appropriation for Monroe County Community College is $4,708,600.00

 

$4,880,900.00, $4,665,500.00 $4,708,600.00 for operations and $43,100.00 $172,300.00

 

for performance funding.

 

       (q) The appropriation for Montcalm Community College is $3,542,900.00

 

$3,669,000.00, $3,515,200.00 $3,542,900.00 for operations and $27,700.00 $126,100.00

 

for performance funding.

 

       (r) The appropriation for C.S. Mott Community College is $16,381,600.00

 

$16,848,400.00, $16,258,100.00 $16,381,600.00 for operations and $123,500.00

 

$466,800.00 for performance funding.

 

       (s) The appropriation for Muskegon Community College is $9,264,700.00

 

$9,514,200.00, $9,203,000.00 $9,264,700.00 for operations and $61,700.00 $249,500.00

 

for performance funding.

 

       (t) The appropriation for North Central Michigan College is $3,402,600.00

 

$3,523,600.00, $3,368,400.00 $3,402,600.00 for operations and $34,200.00 $121,000.00

 

for performance funding.

 

       (u) The appropriation for Northwestern Michigan College is $9,625,400.00

 

$9,895,600.00, $9,559,700.00 $9,625,400.00 for operations and $65,700.00 $270,200.00

 

for performance funding.


       (v) The appropriation for Oakland Community College is $22,093,000.00

 

$22,851,200.00, $21,905,700.00 $22,093,000.00 for operations and $187,300.00

 

$758,200.00 for performance funding.

 

       (w) The appropriation for Schoolcraft College is $13,112,900.00 $13,590,200.00,

 

$12,991,300.00 $13,112,900.00 for operations and $121,600.00 $477,300.00 for

 

performance funding.

 

       (x) The appropriation for Southwestern Michigan College is $6,946,900.00

 

$7,129,900.00, $6,903,300.00 $6,946,900.00 for operations and $43,600.00 $183,000.00

 

for performance funding.

 

       (y) The appropriation for St. Clair County Community College is $7,358,700.00

 

$7,580,300.00, $7,300,100.00 $7,358,700.00 for operations and $58,600.00 $221,600.00

 

for performance funding.

 

       (z) The appropriation for Washtenaw Community College is $13,764,000.00

 

$14,285,900.00, $13,631,400.00 $13,764,000.00 for operations and $132,600.00

 

$521,900.00 for performance funding.

 

       (aa) The appropriation for Wayne County Community College is $17,487,200.00

 

$18,035,900.00, $17,338,300.00 $17,487,200.00 for operations and $148,900.00

 

$548,700.00 for performance funding.

 

       (bb) The appropriation for West Shore Community College is $2,573,400.00

 

$2,661,800.00, $2,556,300.00 $2,573,400.00 for operations and $17,100.00 $88,400.00

 

for performance funding.

 

       (3) The amount appropriated in subsection (2) for community college operations is

 

$322,250,900.00 $331,918,400.00 and is appropriated from the state school aid fund.

 

FOLLOWING:

 

       (A) STATE SCHOOL AID FUND, $322,250,900.00.

 

       (B) STATE GENERAL FUND/GENERAL PURPOSE MONEY, $9,667,500.00.

 

       (4) From the appropriations described in subsection (1), both of the following


apply:

 

       (a) Subject to section 207a, the amount appropriated for fiscal year 2018-2019

 

2019-2020 to offset certain fiscal year 2018-2019 2019-2020 retirement contributions

 

is $1,733,600.00, appropriated from the state school aid fund.

 

       (b) For fiscal year 2018-2019 2019-2020, only, there is allocated an amount not

 

to exceed $6,431,000.00 $12,212,000.00 for payments to participating community

 

colleges, appropriated from the state school aid fund FOLLOWING:

 

       (I) STATE SCHOOL AID FUND, $8,931,000.00.

 

       (II) STATE GENERAL FUND/GENERAL PURPOSE MONEY, $3,281,000.00.

 

       (C) A community college that receives money under this subdivision shall use that

 

money solely for the purpose of offsetting the normal cost contribution rate.

 

       (5) From the appropriations described in subsection (1), subject to section 207b,

 

the amount appropriated for payments to community colleges that are participating

 

entities of the retirement system is $75,300,000.00 $73,100,000.00, appropriated from

 

the state school aid fund.

 

       (6) From the appropriations described in subsection (1), subject to section 207c,

 

the amount appropriated for renaissance zone tax reimbursements is $2,500,000.00

 

$2,200,000.00, appropriated from the state school aid fund.

 

       Sec. 206. (1) The funds appropriated in section 201 are appropriated for

 

community colleges with fiscal years ending June 30, 2019 2020 and shall be paid out

 

of the state treasury and distributed by the state treasurer to the respective

 

community colleges in 11 monthly installments on the sixteenth of each month, or the

 

next succeeding business day, beginning with October 16, 2018 2019. Each community

 

college shall accrue its July and August 2019 2020 payments to its institutional

 

fiscal year ending June 30, 2019 2020.

 

       (2) If the state budget director determines that a community college failed to

 

submit any of the information described in subdivisions (a) to (f) in the form and


manner specified by the center, the state treasurer shall, subject to subdivision (g),

 

withhold the monthly installments from that community college until those data are

 

submitted:

 

       (a) The Michigan community colleges verified data inventory data for the

 

preceding academic year to the center by THE FIRST BUSINESS DAY OF November 1 of each

 

year as specified in section 217.

 

       (b) The college credit opportunity data set as specified in section 209.

 

       (c) The longitudinal data set for the preceding academic year to the center as

 

specified in section 219.

 

       (d) The annual independent audit as specified in section 222.

 

       (e) Tuition and mandatory fees information for the current academic year as

 

specified in section 225.

 

       (f) The number and type of associate degrees and other certificates awarded

 

during the previous academic year as specified in section 226.

 

       (g) The state budget director shall notify the chairs of the house and senate

 

appropriations subcommittees on community colleges at least 10 days before withholding

 

funds from any community college.

 

       Sec. 207a. All of the following apply to the allocation of the fiscal year 2018-

 

2019 2019-2020 appropriations described in section 201(4):

 

       (a) A community college that receives money under section 201(4) shall use that

 

money solely for the purpose of offsetting a portion of the retirement contributions

 

owed by the college for that fiscal year.

 

       (b) The amount allocated to each participating community college under section

 

201(4) shall be based on each college's percentage of the total covered payroll for

 

all community colleges that are participating colleges in the immediately preceding

 

fiscal year.

 

       Sec. 207b. All of the following apply to the allocation of the fiscal year 2018-


2019 2019-2020 appropriations described in section 201(5) for payments to community

 

colleges that are participating entities of the retirement system:

 

       (a) The amount of a payment under section 201(5) shall be the difference between

 

the unfunded actuarial accrued liability contribution rate as calculated under 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% under section 41 of the public school

 

employees retirement act of 1979, 1980 PA 300, MCL 38.1341.

 

       (b) The amount allocated to each community college under section 201(5) shall be

 

based on each community college's percentage of the total covered payroll for all

 

community colleges that are participating colleges in the immediately preceding fiscal

 

year. A community college that receives funds under this subdivision shall use the

 

funds solely for the purpose of retirement contributions under section 201(5).

 

       (c) Each participating college that receives funds under section 201(5) shall

 

forward an amount equal to the amount allocated under subdivision (b) to the

 

retirement system in a form and manner determined by the retirement system.

 

       Sec. 207c. All of the following apply to the allocation of the appropriations

 

described in section 201(6) to community colleges described in section 12(3) of the

 

Michigan renaissance zone act, 1996 PA 376, MCL 125.2692:

 

       (a) The amount allocated to each community college under section 201(6) for

 

fiscal year 2018-2019 2019-2020 shall be based on that community college's proportion

 

of total revenue lost by community colleges as a result of the exemption of property

 

taxes levied in 2018 2019 under the Michigan renaissance zone act, 1996 PA 376, MCL

 

125.2681 to 125.2696.

 

       (b) The appropriations described in section 201(6) shall be made to each eligible

 

community college within 60 days after the department of treasury certifies to the


state budget director that it has received all necessary information to properly

 

determine the amounts payable to each eligible community college under section 12 of

 

the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692.

 

       Sec. 209. (1) Within 30 days after the board of a community college adopts its

 

annual operating budget for the following fiscal year, or after the board adopts a

 

subsequent revision to that budget, the community college shall make all of the

 

following available through a link on its website homepage:

 

       (a) The annual operating budget and subsequent budget revisions.

 

       (b) A link to the most recent "Michigan Community College Data Inventory Report".

 

       (c) General fund revenue and expenditure projections for the current fiscal year

 

and the next fiscal year.

 

       (d) A listing of all debt service obligations, detailed by project, anticipated

 

payment of each project, and total outstanding debt for the current fiscal year.

 

       (e) Links to all of the following for the community college:

 

       (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 of the

 

community college.

 

       (iii) Audits and financial reports for the most recent fiscal year for which they

 

are available.

 

       (iv) A copy of the board of trustees resolution regarding compliance with best

 

practices for the local strategic value component described in section 230(2).

 

       (2) For statewide consistency and public visibility, community colleges must use

 

the icon badge provided by the department of technology, management, and budget

 

consistent with the icon badge developed by the department of education for K-12

 

school districts. It must appear on the front of each community college's homepage.


The size of the icon may be reduced to 150 x 150 pixels.

 

       (3) The state budget director shall determine whether a community college has

 

complied with this section. The state budget director may withhold a community

 

college's monthly installments described in section 206 until the community college

 

complies with this section. The state budget director shall notify the chairs of the

 

house and senate appropriations subcommittee on community colleges at least 10 days

 

before withholding funds from any community college.

 

       (3) (4) Each community college shall report the following information to the

 

senate and house appropriations subcommittees on community colleges, the senate and

 

house fiscal agencies, and the state budget office by November 15 of each fiscal year

 

and post that information on its website as required under subsection (1):

 

       (a) Budgeted current fiscal year general fund revenue from tuition and fees.

 

       (b) Budgeted current fiscal year general fund revenue from state appropriations.

 

       (c) Budgeted current fiscal year general fund revenue from property taxes.

 

       (d) Budgeted current fiscal year total general fund revenue.

 

       (e) Budgeted current fiscal year total general fund expenditures.

 

       (4) (5) By THE FIRST BUSINESS DAY OF November 15 of each year, a community

 

college shall report the following information to the center and post the information

 

on its website under the budget transparency icon badge:

 

       (a) Opportunities for earning college credit through the following programs:

 

       (i) State approved career and technical education or a tech prep articulated

 

program of study.

 

       (ii) Direct college credit or concurrent enrollment.

 

       (iii) Dual enrollment.

 

       (iv) An early college/middle college program.

 

       (b) For each program described in subdivision (a) that the community college

 

offers, all of the following information:


       (i) The number of high school students participating in the program.

 

       (ii) The number of school districts that participate in the program with the

 

community college.

 

       (iii) Whether a college professor, qualified local school district employee, or

 

other individual teaches the course or courses in the program.

 

       (iv) The total cost to the community college to operate the program.

 

       (v) The cost per credit hour for the course or courses in the program.

 

       (vi) The location where the course or courses in the program are held.

 

       (vii) Instructional resources offered to the program instructors.

 

       (viii) Resources offered to the student in the program.

 

       (ix) Transportation services provided to students in the program.

 

       Sec. 209a. (1) A public community college shall develop, maintain, and update a

 

"campus safety information and resources" link, prominently displayed on the homepage

 

of its website, to a section of its website containing all of the information required

 

under subsection (2).

 

       (2) The "campus safety information and resources" section of a public community

 

college's website shall include, but not be limited to, all of the following

 

information:

 

       (a) Emergency contact numbers for police, fire, health, and other services.

 

       (b) Hours, locations, phone numbers, and electronic mail contacts for campus

 

public safety offices and title IX offices.

 

       (c) A list of safety and security services provided by the community college,

 

including transportation, escort services, building surveillance, anonymous tip lines,

 

and other available security services.

 

       (d) A public community college's policies applicable to minors on community

 

college property.

 

       (e) A directory of resources available at the community college or surrounding


community for students or employees who are survivors of sexual assault or sexual

 

abuse.

 

       (f) An electronic copy of "A Resource Handbook for Campus Sexual Assault

 

Survivors, Friends and Family", published in 2018 by the office of the governor in

 

conjunction with the first lady of Michigan.

 

       (g) Campus security policies and crime statistics pursuant to the student right-

 

to-know and campus security act, Public Law 101-542, 104 Stat 2381. Information shall

 

include all material prepared pursuant to the public information reporting

 

requirements under the crime awareness and campus security act of 1990, title II of

 

the student right-to-know and campus security act, Public Law 101-542, 104 Stat 2381.

 

       (3) A community college shall certify to the state budget director by August 31,

 

2018 2019 that it is in compliance with this section. The state budget director may

 

withhold a public community college's monthly installments described in section 206

 

until the public community college complies with this section.

 

       Sec. 210b. By March 1, 2019 2020, the Michigan Community College Association and

 

the Michigan Association of State Universities shall submit a report to the senate and

 

house appropriations subcommittees on community colleges, the senate and house fiscal

 

agencies, and the state budget director on the activities and programs of the transfer

 

steering committee since the March 1, 2018 2019 report required under this section,

 

including all of the following:

 

       (a) The alignment of learning outcomes in gateway mathematics courses in the

 

quantitative reasoning, college algebra, and statistics pathways and the

 

transferability of mathematics gateway courses between and among community colleges

 

and universities.

 

       (b) The development of program-specific, statewide transfer pathways that meet

 

program requirements for both associate and bachelor's degree programs.

 

       (c) The development of an enhanced online communication tool to share information


about postsecondary options in Michigan, course equivalencies, and transfer pathways

 

that are clearly articulated.

 

       (d) The establishment of clear timelines for developing and implementing transfer

 

pathways.

 

       (e) A progress report on the implementation of the Michigan transfer agreement.

 

       Sec. 217. (1) The center shall do all of the following:

 

       (a) Establish, maintain, and coordinate the state community college database

 

commonly known as the "Michigan Community College Data Inventory".

 

       (b) Collect data concerning community colleges and community college programs in

 

this state, including data required by law.

 

       (c) Establish procedures to ensure the validity and reliability of the data and

 

the collection process.

 

       (d) Develop model data collection policies, including, but not limited to,

 

policies that ensure the privacy of any individual student data. Privacy policies

 

shall ensure that student social security numbers are not released to the public for

 

any purpose.

 

       (e) Provide data in a useful manner to allow state policymakers and community

 

college officials to make informed policy decisions.

 

       (f) Work with the talent investment agency in the department of talent and

 

economic development to compile and publish electronically the demographic enrollment

 

profile.

 

       (2) There is created within the center the Michigan Community College Data

 

Inventory advisory committee. The committee shall provide advice to the director of

 

the center regarding the management of the state community college database,

 

including, but not limited to:

 

       (a) Determining what data are necessary to collect and maintain to enable state

 

and community college officials to make informed policy decisions.


       (b) Defining the roles of all stakeholders in the data collection system.

 

       (c) Recommending timelines for the implementation and ongoing collection of data.

 

       (d) Establishing and maintaining data definitions, data transmission protocols,

 

and system specifications and procedures for the efficient and accurate transmission

 

and collection of data.

 

       (e) Establishing and maintaining a process for ensuring the accuracy of the data.

 

       (f) Establishing and maintaining policies related to data collection, including,

 

but not limited to, privacy policies related to individual student data.

 

       (g) Ensuring that the data are made available to state policymakers and citizens

 

of this state in the most useful format possible.

 

       (h) Addressing other matters as determined by the director of the center or as

 

required by law.

 

       (3) The Michigan Community College Data Inventory advisory committee created in

 

subsection (2) shall consist of the following members:

 

       (a) One representative from the house fiscal agency, appointed by the director of

 

the house fiscal agency.

 

       (b) One representative from the senate fiscal agency, appointed by the director

 

of the senate fiscal agency.

 

       (c) One representative from the workforce development agency, appointed by the

 

director of the workforce development agency.

 

       (d) One representative from the center, appointed by the director of the center.

 

       (e) One representative from the state budget office, appointed by the state

 

budget director.

 

       (f) One representative from the governor's policy office, appointed by that

 

office.

 

       (g) Four representatives of the Michigan Community College Association, appointed

 

by the president of the association. From the groupings of community colleges given in


the Michigan Community College Data Inventory database described in subsection (1),

 

the association shall appoint 1 representative each from group 1, group 2, and group

 

3, and 1 representative from either group 3 or 4.

 

       Sec. 225. Each community college shall report to the center by THE LAST BUSINESS

 

DAY OF August 31 of each year the tuition and mandatory fees paid by a full-time in-

 

district student and a full-time out-of-district student as established by the college

 

governing board for the current academic year. This report should also include the

 

annual cost of tuition and fees based on a full-time course load of 30 credits. This

 

report must also specify the amount that tuition and fees have increased for each

 

institution from the prior academic year. Each community college shall also report any

 

revisions to the reported current academic year tuition and mandatory fees adopted by

 

the college governing board to the center within 15 days of being adopted. The center

 

shall provide this information and any revisions to the house and senate fiscal

 

agencies and the state budget director.

 

       Sec. 229a. Included in the fiscal year 2018-2019 2019-2020 appropriations for the

 

department of technology, management, and budget are appropriations totaling

 

$36,378,100.00 $34,181,600.00 to provide funding for the state share of costs for

 

previously constructed capital projects for community colleges. Those appropriations

 

for state building authority rent represent additional state general fund support for

 

community colleges, and the following is an estimate of the amount of that support to

 

each community college:

 

       (a) Alpena Community College, $876,300.00 $702,500.00.

 

       (b) Bay de Noc Community College, $677,000.00 $679,000.00.

 

       (c) Delta College, $3,798,700.00 $3,905,300.00.

 

       (d) Glen Oaks Community College, $123,000.00 $123,400.00.

 

       (e) Gogebic Community College, $56,000.00 $56,200.00.

 

       (f) Grand Rapids Community College, $2,536,500.00 $2,208,700.00.


       (g) Henry Ford College, $1,028,000.00 $1,031,000.00.

 

       (h) Jackson College, $2,164,000.00 $2,170,400.00.

 

       (i) Kalamazoo Valley Community College, $1,942,000.00 $1,947,700.00.

 

       (j) Kellogg Community College, $681,300.00 $715,300.00.

 

       (k) Kirtland Community College, $591,800.00 $639,100.00.

 

       (l) Lake Michigan College, $975,800.00 $532,300.00.

 

       (m) Lansing Community College, $1,141,000.00 $1,144,300.00.

 

       (n) Macomb Community College, $1,649,000.00 $1,653,900.00.

 

       (o) Mid Michigan Community College, $1,615,000.00 $1,619,700.00.

 

       (p) Monroe County Community College, $1,544,300.00 $1,604,900.00.

 

       (q) Montcalm Community College, $971,000.00 $973,900.00.

 

       (r) C.S. Mott Community College, $2,107,200.00 $1,808,300.00.

 

       (s) Muskegon Community College, $989,000.00 $1,076,800.00.

 

       (t) North Central Michigan College, $668,000.00 $490,900.00.

 

       (u) Northwestern Michigan College, $1,844,900.00 $1,471,300.00.

 

       (v) Oakland Community College, $465,000.00 $466,400.00.

 

       (w) Schoolcraft College, $2,296,000.00 $1,550,600.00.

 

       (x) Southwestern Michigan College, $887,500.00 $890,100.00.

 

       (y) St. Clair County Community College, $723,500.00 $799,300.00.

 

       (z) Washtenaw Community College, $1,826,000.00 $1,680,900.00.

 

       (aa) Wayne County Community College, $1,462,000.00 $1,466,300.00.

 

       (bb) West Shore Community College, $738,300.00 $773,100.00.

 

       Sec. 230. (1) Money included in the appropriations for community college

 

operations under section 201(2) in fiscal year 2018-2019 2019-2020 for performance

 

funding is distributed based on the following formula:

 

       (a) Allocated proportionate to fiscal year 2017-2018 2018-2019 base

 

appropriations, 30%.


       (b) Based on a weighted student contact hour formula as provided for in the 2016

 

recommendations of the performance indicators task force, 30%.

 

       (c) Based on the performance improvement as provided for in the 2016

 

recommendations of the performance indicators task force, 10%.

 

       (d) Based on the performance completion number as provided for in the 2016

 

recommendations of the performance indicators task force, 10%.

 

       (e) Based on the performance completion rate as provided for in the 2016

 

recommendations of the performance indicators task force, 10%.

 

       (f) Based on administrative costs, 5%.

 

       (g) Based on the local strategic value component, as developed in cooperation

 

with the Michigan Community College Association and described in subsection (2), 5%.

 

       (2) Money included in the appropriations for community college operations under

 

section 201(2) for local strategic value shall be allocated to each community college

 

that certifies to the state budget director, through a board of trustees resolution on

 

or before October 15, 2018 2019, that the college has met 4 out of 5 best practices

 

listed in each category described in subsection (3). The resolution shall provide

 

specifics as to how the community college meets each best practice measure within each

 

category. One-third of funding available under the strategic value component shall be

 

allocated to each category described in subsection (3). Amounts distributed under

 

local strategic value shall be on a proportionate basis to each college's fiscal year

 

2017-2018 2018-2019 operations funding. Payments to community colleges that qualify

 

for local strategic value funding shall be distributed with the November installment

 

payment described in section 206.

 

       (3) For purposes of subsection (2), the following categories of best practices

 

reflect functional activities of community colleges that have strategic value to the

 

local communities and regional economies:

 

       (a) For Category A, economic development and business or industry partnerships,


the following:

 

       (i) The community college has active partnerships with local employers including

 

hospitals and health care providers.

 

       (ii) The community college provides customized on-site training for area

 

companies, employees, or both.

 

       (iii) The community college supports entrepreneurship through a small business

 

assistance center or other training or consulting activities targeted toward small

 

businesses.

 

       (iv) The community college supports technological advancement through industry

 

partnerships, incubation activities, or operation of a Michigan technical education

 

center or other advanced technology center.

 

       (v) The community college has active partnerships with local or regional

 

workforce and economic development agencies.

 

       (b) For Category B, educational partnerships, the following:

 

       (i) The community college has active partnerships with regional high schools,

 

intermediate school districts, and career-tech centers to provide instruction through

 

dual enrollment, concurrent enrollment, direct credit, middle college, or academy

 

programs.

 

       (ii) The community college hosts, sponsors, or participates in enrichment

 

programs for area K-12 students, such as college days, summer or after-school

 

programming, or Science Olympiad.

 

       (iii) The community college provides, supports, or participates in programming to

 

promote successful transitions to college for traditional age students, including

 

grant programs such as talent search, upward bound, or other activities to promote

 

college readiness in area high schools and community centers.

 

       (iv) The community college provides, supports, or participates in programming to

 

promote successful transitions to college for new or reentering adult students, such


as adult basic education, a high school equivalency test preparation program and

 

testing, or recruiting, advising, or orientation activities specific to adults. As

 

used in this subparagraph, "high school equivalency test preparation program" means

 

that term as defined in section 4.

 

       (v) The community college has active partnerships with regional 4-year colleges

 

and universities to promote successful transfer, such as articulation, 2+2, or reverse

 

transfer agreements or operation of a university center.

 

       (c) For Category C, community services, the following:

 

       (i) The community college provides continuing education programming for leisure,

 

wellness, personal enrichment, or professional development.

 

       (ii) The community college operates or sponsors opportunities for community

 

members to engage in activities that promote leisure, wellness, cultural or personal

 

enrichment such as community sports teams, theater or musical ensembles, or artist

 

guilds.

 

       (iii) The community college operates public facilities to promote cultural,

 

educational, or personal enrichment for community members, such as libraries, computer

 

labs, performing arts centers, museums, art galleries, or television or radio

 

stations.

 

       (iv) The community college operates public facilities to promote leisure or

 

wellness activities for community members, including gymnasiums, athletic fields,

 

tennis courts, fitness centers, hiking or biking trails, or natural areas.

 

       (v) The community college promotes, sponsors, or hosts community service

 

activities for students, staff, or community members.

 

       (4) Payments for performance funding under section 201(2) shall be made to a

 

community college only if that community college actively participates in the Michigan

 

Transfer Network sponsored by the Michigan Association of Collegiate Registrars and

 

Admissions Officers and submits timely updates, including updated course equivalencies


at least every 6 months, to the Michigan transfer network. The state budget director

 

shall determine if a community college has not satisfied this requirement. The state

 

budget director may withhold payments for performance funding until a community

 

college is in compliance with this section.

 

       SEC. 231. (1) PAYMENTS UNDER SECTION 230 FOR PERFORMANCE FUNDING FOR FISCAL YEARS

 

2019-2020 SHALL ONLY BE MADE TO A PUBLIC COMMUNITY COLLEGE THAT CERTIFIES TO THE STATE

 

BUDGET DIRECTOR BY AUGUST 31, 2019 THAT ITS BOARD WILL NOT ADOPT AN INCREASE IN

 

TUITION AND FEE RATES FOR RESIDENT STUDENTS FOR THE 2019-2020 ACADEMIC YEAR THAT IS

 

GREATER THAN 3.2%, OR $128, WHICHEVER IS GREATER. AS USED IN THIS SUBSECTION:

 

       (A) "FEE" MEANS ANY BOARD-AUTHORIZED FEE THAT WILL BE PAID BY MORE THAN 1/2 OF

 

ALL RESIDENT STUDENTS AT LEAST ONCE DURING THEIR ENROLLMENT AT A PUBLIC COMMUNITY

 

COLLEGE. A COMMUNITY COLLEGE INCREASING A FEE THAT APPLIES TO A SPECIFIC SUBSET OF

 

STUDENTS OR COURSES SHALL PROVIDE SUFFICIENT INFORMATION TO PROVE THAT THE INCREASE

 

APPLIED TO THAT SUBSET WILL NOT CAUSE THE INCREASE IN THE AVERAGE AMOUNT OF BOARD-

 

AUTHORIZED TOTAL TUITION AND FEES PAID BY RESIDENT STUDENTS IN THE 2019-2020 ACADEMIC

 

YEAR TO EXCEED THE LIMIT ESTABLISHED IN THIS SUBSECTION.

 

       (B) "TUITION AND FEE RATE" MEANS THE AVERAGE OF FULL-TIME RATES PAID BY A

 

MAJORITY OF STUDENTS IN EACH UNDERGRADUATE CLASS, BASED ON AN UNWEIGHTED AVERAGE OF

 

THE RATES AUTHORIZED BY THE COMMUNITY COLLEGE BOARD AND ACTUALLY CHARGED TO STUDENTS,

 

DEDUCTING ANY UNIFORMLY REBATED OR REFUNDED AMOUNTS, FOR THE 2 SEMESTERS WITH THE

 

HIGHEST LEVELS OF FULL-TIME EQUATED RESIDENT ENROLLMENT DURING THE ACADEMIC YEAR.

 

       (2) THE STATE BUDGET DIRECTOR SHALL IMPLEMENT UNIFORM REPORTING REQUIREMENTS TO

 

ENSURE THAT A PUBLIC COMMUNITY COLLEGE RECEIVING A PAYMENT UNDER SECTION 230 FOR

 

PERFORMANCE FUNDING HAS SATISFIED THE TUITION RESTRAINT REQUIREMENTS OF THIS

 

SUBSECTION. THE STATE BUDGET DIRECTOR SHALL HAVE THE SOLE AUTHORITY TO DETERMINE IF A

 

PUBLIC COMMUNITY COLLEGE HAS MET THE REQUIREMENTS OF THIS SUBSECTION. INFORMATION

 

REPORTED BY A PUBLIC COMMUNITY COLLEGE TO THE STATE BUDGET DIRECTOR UNDER THIS


SUBSECTION SHALL ALSO BE REPORTED TO THE HOUSE AND SENATE APPROPRIATIONS SUBCOMMITTEES

 

ON COMMUNITY COLLEGES AND THE HOUSE AND SENATE FISCAL AGENCIES.


ARTICLE III

 

STATE AID FOR UNIVERSITIES AND STUDENT FINANCIAL AID

 

       Sec. 236. (1) Subject to the conditions set forth in this article, the amounts

 

listed in this section are appropriated for higher education for the fiscal year

 

ending September 30, 2019 2020, from the funds indicated in this section. The

 

following is a summary of the appropriations in this section:

 

       (a) The gross appropriation is $1,669,732,600.00 $1,711,321,800.00. After

 

deducting total interdepartmental grants and intradepartmental transfers in the amount

 

of $0.00, the adjusted gross appropriation is $1,669,732,600.00 $1,711,321,800.00.

 

       (b) The sources of the adjusted gross appropriation described in subdivision (a)

 

are as follows:

 

       (i) Total federal revenues, $123,526,400.00.

 

       (ii) Total local revenues, $0.00.

 

       (iii) Total private revenues, $0.00.

 

       (iv) Total other state restricted revenues, $500,188,300.00 $0.00.

 

       (v) State general fund/general purpose money, $1,046,017,900.00

 

$1,587,795,400.00.

 

       (2) Amounts appropriated for public universities are as follows:

 

       (a) The appropriation for Central Michigan University is $87,415,000.00

 

$90,037,500.00, $85,654,400.00 $87,415,000.00 for operations and $1,760,600.00

 

$2,622,500.00 for performance funding STUDENT AFFORDABILITY FUNDING.

 

       (b) The appropriation for Eastern Michigan University is $76,979,300.00

 

$79,288,700.00, $75,169,900.00 $76,979,300.00 for operations and $1,809,400.00

 

$2,309,400.00 for performance funding STUDENT AFFORDABILITY FUNDING.

 

       (c) The appropriation for Ferris State University is $54,950,700.00

 

$56,599,200.00, $53,595,500.00 $54,950,700.00 for operations and $1,355,200.00

 

$1,648,500.00 for performance funding STUDENT AFFORDABILITY FUNDING.


       (d) The appropriation for Grand Valley State University is $72,056,600.00

 

$74,218,300.00, $70,100,100.00 $72,056,600.00 for operations and $1,956,500.00

 

$2,161,700.00 for performance funding STUDENT AFFORDABILITY FUNDING.

 

       (e) The appropriation for Lake Superior State University is $13,987,000.00

 

$14,406,600.00, $13,775,000.00 $13,987,000.00 for operations and $212,000.00

 

$419,600.00 for performance funding STUDENT AFFORDABILITY FUNDING.

 

       (f) The appropriation for Michigan State University is $350,703,300.00

 

$361,224,300.00, $281,239,100.00 $286,274,200.00 for operations, $5,035,100.00

 

$8,588,200.00 for performance funding STUDENT AFFORDABILITY FUNDING, $34,591,400.00

 

$35,629,100.00 for MSU AgBioResearch, and $29,837,700.00 $30,732,800.00 for MSU

 

Extension.

 

       (g) The appropriation for Michigan Technological University is $49,949,600.00

 

$51,448,100.00, $49,052,200.00 $49,949,600.00 for operations and $897,400.00

 

$1,498,500.00 for performance funding STUDENT AFFORDABILITY FUNDING.

 

       (h) The appropriation for Northern Michigan University is $47,998,400.00

 

$49,438,400.00, $47,137,400.00 $47,998,400.00 for operations and $861,000.00

 

$1,440,000.00 for performance funding STUDENT AFFORDABILITY FUNDING.

 

       (i) The appropriation for Oakland University is $52,819,200.00 $54,403,800.00,

 

$51,235,900.00 $52,819,200.00 for operations and $1,583,300.00 $1,584,600.00 for

 

performance funding STUDENT AFFORDABILITY FUNDING.

 

       (j) The appropriation for Saginaw Valley State University is $30,528,000.00

 

$31,443,800.00, $29,766,100.00 $30,528,000.00 for operations and $761,900.00

 

$915,800.00 for performance funding STUDENT AFFORDABILITY FUNDING.

 

       (k) The appropriation for University of Michigan – Ann Arbor is $320,782,400.00

 

$330,405,800.00, $314,589,100.00 $320,782,400.00 for operations and $6,193,300.00

 

$9,623,400.00 for performance funding STUDENT AFFORDABILITY FUNDING.

 

       (l) The appropriation for University of Michigan – Dearborn is $26,071,800.00


$26,854,000.00, $25,421,900.00 $26,071,800.00 for operations and $649,900.00

 

$782,200.00 for performance funding STUDENT AFFORDABILITY FUNDING.

 

       (m) The appropriation for University of Michigan – Flint is $23,585,400.00

 

$24,293,000.00, $23,061,800.00 $23,585,400.00 for operations and $523,600.00

 

$707,600.00 for performance funding STUDENT AFFORDABILITY FUNDING.

 

       (n) The appropriation for Wayne State University is $202,363,200.00

 

$208,434,100.00, $199,169,800.00 $202,363,200.00 for operations and $3,193,400.00

 

$6,070,900.00 for performance funding STUDENT AFFORDABILITY FUNDING.

 

       (o) The appropriation for Western Michigan University is $111,151,000.00

 

$114,485,500.00, $109,376,800.00 $111,151,000.00 for operations and $1,774,200.00

 

$3,334,500.00 for performance funding STUDENT AFFORDABILITY FUNDING.

 

       (3) The amount appropriated in subsection (2) for public universities is

 

$1,566,981,100.00, appropriated from the following: STATE GENERAL FUND/GENERAL PURPOSE

 

MONEY.

 

       (a) State school aid fund, $494,286,300.00.

 

       (b) State general fund/general purpose money, $1,027,054,600.00.

 

       (4) The amount appropriated for Michigan public school employees' retirement

 

system reimbursement is $5,133,000.00 $5,017,000.00, appropriated from the state

 

school aid fund GENERAL FUND/GENERAL PURPOSE MONEY.

 

       (5) The amount appropriated for state and regional programs is $315,000.00,

 

appropriated from general fund/general purpose money and allocated as follows:

 

       (a) Higher education database modernization and conversion, $200,000.00.

 

       (b) Midwestern Higher Education Compact, $115,000.00.

 

       (6) The amount appropriated for the Martin Luther King, Jr. - Cesar Chavez - Rosa

 

Parks program is $2,691,500.00, appropriated from general fund/general purpose money

 

and allocated as follows:

 

       (a) Select student support services, $1,956,100.00.


       (b) Michigan college/university partnership program, $586,800.00.

 

       (c) Morris Hood, Jr. educator development program, $148,600.00.

 

       (7) Subject to subsection (8), the amount appropriated for grants and financial

 

aid is $139,583,200.00, $135,083,200.00, allocated as follows:

 

       (a) State competitive scholarships, $32,361,700.00.

 

       (b) Tuition grants, $38,021,500.00.

 

       (c) Tuition incentive program, $64,300,000.00. $59,800,000.00.

 

       (d) Children of veterans and officer's survivor tuition grant programs,

 

$1,400,000.00.

 

       (e) Project GEAR-UP, $3,200,000.00.

 

       (f) North American Indian tuition waiver, $300,000.00.

 

       (8) The money appropriated in subsection (7) for grants and financial aid is

 

appropriated from the following:

 

       (a) Federal revenues under the United States Department of Education, Office of

 

Elementary and Secondary Education, GEAR-UP program, $3,200,000.00.

 

       (b) Federal revenues under the social security act, temporary assistance for

 

needy families, $120,326,400.00.

 

       (c) Contributions to children of veterans tuition grant program, $100,000.00.

 

       (C) (d) State general fund/general purpose money, $15,956,800.00 $11,556,800.00.

 

       (9) For fiscal year 2018-2019 only, 2019-2020, in addition to the allocation

 

under subsection (4), from the appropriations described in subsection (1), there is

 

allocated an amount not to exceed $669,000.00 $1,234,000.00 for payments to

 

participating public universities, appropriated from the state school aid fund GENERAL

 

FUND/GENERAL PURPOSE MONEY. A university that receives money under this subsection

 

shall use that money solely for the purpose of offsetting the normal cost contribution

 

rate. As used in this subsection, "participating public universities" means public

 

universities that are 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 pay contributions to the Michigan public school

 

employees' retirement system for the state fiscal year.

 

       Sec. 236b. In addition to the funds appropriated in section 236, there is

 

appropriated for grants and financial aid in fiscal year 2018-2019 2019-2020 an amount

 

not to exceed $6,000,000.00 for federal contingency funds. These funds are not

 

available for expenditure until they have been transferred under section 393(2) of the

 

management and budget act, 1984 PA 431, MCL 18.1393, for another purpose under this

 

article.

 

       Sec. 236c. In addition to the funds appropriated for fiscal year 2018-2019 2019-

 

2020 in section 236, appropriations to the department of technology, management, and

 

budget in the act providing general appropriations for fiscal year 2018-2019 2019-2020

 

for state building authority rent, totaling an estimated $155,478,500.00

 

$144,995,300.00, provide funding for the state share of costs for previously

 

constructed capital projects for state universities. These appropriations for state

 

building authority rent represent additional state general fund support provided to

 

public universities, and the following is an estimate of the amount of that support to

 

each university:

 

       (a) Central Michigan University, $12,936,500.00 $12,141,800.00.

 

       (b) Eastern Michigan University, $7,083,900.00 $7,673,600.00.

 

       (c) Ferris State University, $8,275,000.00 $8,434,200.00.

 

       (d) Grand Valley State University, $8,800,000.00 $6,752,400.00.

 

       (e) Lake Superior State University, $2,285,800.00 $1,856,100.00.

 

       (f) Michigan State University, $16,790,400.00 $15,514,900.00.

 

       (g) Michigan Technological University, $6,782,000.00 $6,912,500.00.

 

       (h) Northern Michigan University, $7,309,000.00 $7,449,600.00.

 

       (i) Oakland University, $12,665,000.00 $12,908,600.00.


       (j) Saginaw Valley State University, $10,984,000.00 $10,670,900.00.

 

       (k) University of Michigan - Ann Arbor, $11,861,000.00 $9,795,900.00.

 

       (l) University of Michigan - Dearborn, $10,918,000.00 $9,522,700.00.

 

       (m) University of Michigan - Flint, $6,244,800.00 $4,128,900.00.

 

       (n) Wayne State University, $16,480,200.00 $16,008,000.00.

 

       (o) Western Michigan University, $16,062,900.00 $15,225,200.00.

 

       Sec. 241. (1) Subject to sections 244 and 265a, the funds appropriated in section

 

236 to public universities shall be paid out of the state treasury and distributed by

 

the state treasurer to the respective institutions in 11 equal monthly installments on

 

the sixteenth of each month, or the next succeeding business day, beginning with

 

October 16, 2018 2019. Except for Wayne State University, each institution shall

 

accrue its July and August 2019 2020 payments to its institutional fiscal year ending

 

June 30, 2019 2020.

 

       (2) All public universities shall submit higher education institutional data

 

inventory (HEIDI) data and associated financial and program information requested by

 

and in a manner prescribed by the state budget director. For public universities with

 

fiscal years ending June 30, 2018 2019, these data shall be submitted to the state

 

budget director by October 15, 2018 2019. Public universities with a fiscal year

 

ending September 30, 2018 2019 shall submit preliminary HEIDI data by November 15,

 

2018 2019 and final data by December 15, 2018 2019. If a public university fails to

 

submit HEIDI data and associated financial aid program information in accordance with

 

this reporting schedule, the state treasurer may withhold the monthly installments

 

under subsection (1) to the public university until those data are submitted.

 

       Sec. 242. Funds received by the state from the federal government or private

 

sources for the use of a college or university are appropriated for the purposes for

 

which they are provided. The acceptance and use of federal or private funds do not

 

place an obligation on the legislature to continue the purposes for which the funds


are made available.

 

       Sec. 245. (1) A public university shall maintain a public transparency website

 

available through a link on its website homepage. The public university shall update

 

this website within 30 days after the university's governing board adopts its annual

 

operating budget for the next academic year, or after the governing board adopts a

 

subsequent revision to that budget.

 

       (2) The website required under subsection (1) shall include all of the following

 

concerning the public university:

 

       (a) The annual operating budget and subsequent budget revisions.

 

       (b) A summary of current expenditures for the most recent fiscal year for which

 

they are available, expressed as pie charts in the following 2 categories:

 

       (i) A chart of personnel expenditures, broken into the following subcategories:

 

       (A) Earnings 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 current expenditures the public university reported as part

 

of its higher education institutional data inventory data under section 241(2), broken

 

into the same subcategories in which it reported those data.

 

       (c) Links to all of the following for the public university:

 

       (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 of the

 

public university.

 

       (iii) Audits and financial reports for the most recent fiscal year for which they


are available.

 

       (d) A list of all positions funded partially or wholly through institutional

 

general fund revenue that includes the position title and annual salary or wage amount

 

for each position.

 

       (e) General fund revenue and expenditure projections for the current fiscal year

 

and the next fiscal year.

 

       (f) A listing of all debt service obligations, detailed by project, anticipated

 

fiscal year payment for each project, and total outstanding debt for the current

 

fiscal year.

 

       (g) The institution's policy regarding the transferability of core college

 

courses between community colleges and the university.

 

       (h) A listing of all community colleges that have entered into reverse transfer

 

agreements with the university.

 

       (3) On the website required under subsection (1), a public university shall

 

provide a dashboard or report card demonstrating the university's performance in

 

several "best practice" measures. The dashboard or report card shall include at least

 

all of the following for the 3 most recent academic years for which the data are

 

available:

 

       (a) Enrollment.

 

       (b) Student retention rate.

 

       (c) Six-year graduation rates.

 

       (d) Number of Pell grant recipients and graduating Pell grant recipients.

 

       (e) Geographic origination of students, categorized as in-state, out-of-state,

 

and international.

 

       (f) Faculty to student ratios and total university employee to student ratios.

 

       (g) Teaching load by faculty classification.

 

       (h) Graduation outcome rates, including employment and continuing education.


       (4) For statewide consistency and public visibility, public universities must use

 

the icon badge provided by the department of technology, management, and budget

 

consistent with the icon badge developed by the department of education for K-12

 

school districts. It must appear on the front of each public university's homepage.

 

The size of the icon may be reduced to 150 x 150 pixels. The font size and style for

 

this reporting must be consistent with other documents on each university's website.

 

       (5) The state budget director shall determine whether a public university has

 

complied with this section. The state budget director may withhold a public

 

university's monthly installments described in section 241 until the public university

 

complies with this section.

 

       (5) (6) By THE FIRST BUSINESS DAY OF November 15 of each year, a public

 

university shall report the following information to the center and post the

 

information on its website under the budget transparency icon badge:

 

       (a) Opportunities for earning college credit through the following programs:

 

       (i) State approved career and technical education or a tech prep articulated

 

program of study.

 

       (ii) Direct college credit or concurrent enrollment.

 

       (iii) Dual enrollment.

 

       (iv) An early college/middle college program.

 

       (b) For each program described in subdivision (a) that the public university

 

offers, all of the following information:

 

       (i) The number of high school students participating in the program.

 

       (ii) The number of school districts that participate in the program with the

 

public university.

 

       (iii) Whether a university professor, qualified local school district employee,

 

or other individual teaches the course or courses in the program.

 

       (iv) The total cost to the public university to operate the program.


       (v) The cost per credit hour for the course or courses in the program.

 

       (vi) The location where the course or courses in the program are held.

 

       (vii) Instructional resources offered to the program instructors.

 

       (viii) Resources offered to the student in the program.

 

       (ix) Transportation services provided to students in the program.

 

       Sec. 251. (1) Payments of the amounts included in section 236 for the state

 

competitive scholarship program shall be distributed pursuant to 1964 PA 208, MCL

 

390.971 to 390.981.

 

       (2) Pursuant to section 6 of 1964 PA 208, MCL 390.976, the department of treasury

 

shall determine an actual maximum state competitive scholarship award per student,

 

which shall be not less than $1,000.00, that ensures that the aggregate payments for

 

the state competitive scholarship program do not exceed the appropriation contained in

 

section 236 for the state competitive scholarship program. If the department

 

determines that insufficient funds are available to establish a maximum award amount

 

equal to at least $1,000.00, the department shall immediately report to the house and

 

senate appropriations subcommittees on higher education, the house and senate fiscal

 

agencies, and the state budget director regarding the estimated amount of additional

 

funds necessary to establish a $1,000.00 maximum award amount.

 

       (3) The department of treasury shall implement a proportional competitive

 

scholarship maximum award level for recipients enrolled less than full-time in a given

 

semester or term.

 

       (4) If a student who receives an award under this section has his or her tuition

 

and fees paid under the Michigan educational trust program, pursuant to the Michigan

 

education trust act, 1986 PA 316, MCL 390.1421 to 390.1442, and still has financial

 

need, the funds awarded under this section may be used for educational expenses other

 

than tuition and fees.

 

       (5) If the department of treasury increases the maximum award per eligible


student from that provided in the previous fiscal year, it shall not have the effect

 

of reducing the number of eligible students receiving awards in relation to the total

 

number of eligible applicants. Any increase in the maximum grant shall be proportional

 

for all eligible students receiving awards.

 

       (6) Veterans Administration benefits shall not be considered in determining

 

eligibility for the award of scholarships under 1964 PA 208, MCL 390.971 to 390.981.

 

       (7) Any unexpended and unencumbered funds remaining on September 30, 2019 2020

 

from the amounts appropriated in section 236 for the state competitive scholarship

 

program for fiscal year 2018-2019 2019-2020 do not lapse on September 30, 2019 2020,

 

but continue to be available for the expenditure for state competitive scholarships

 

provided in the 2019-2020 2020-2021 fiscal year under a work project account. The use

 

of these unexpended fiscal year 2018-2019 2019-2020 funds terminates at the end of the

 

2019-2020 2020-2021 fiscal year.

 

       Sec. 252. (1) The amounts appropriated in section 236 for the state tuition grant

 

program shall be distributed pursuant to 1966 PA 313, MCL 390.991 to 390.997a.

 

       (2) Tuition grant awards shall be made to all eligible Michigan residents

 

enrolled in undergraduate degree programs who are qualified and who apply before BY

 

March 1 of each year for the next academic year.

 

       (3) Pursuant to section 5 of 1966 PA 313, MCL 390.995, and subject to subsections

 

(7) and (8), the department of treasury shall determine an actual maximum tuition

 

grant award per student, which shall be no less than $2,400.00, that ensures that the

 

aggregate payments for the tuition grant program do not exceed the appropriation

 

contained in section 236 for the state tuition grant program. If the department

 

determines that insufficient funds are available to establish a maximum award amount

 

equal to at least $2,400.00, the department shall immediately report to the house and

 

senate appropriations subcommittees on higher education, the house and senate fiscal

 

agencies, and the state budget director regarding the estimated amount of additional


funds necessary to establish a $2,400.00 maximum award amount. If the department

 

determines that sufficient funds are available to establish a maximum award amount

 

equal to at least $2,400.00, the department shall immediately report to the house and

 

senate appropriations subcommittees on higher education, the house and senate fiscal

 

agencies, and the state budget director regarding the maximum award amount established

 

and the projected amount of any projected year-end appropriation balance based on that

 

maximum award amount. By February 18 of each fiscal year, the department shall analyze

 

the status of award commitments, shall make any necessary adjustments, and shall

 

confirm that those award commitments will not exceed the appropriation contained in

 

section 236 for the tuition grant program. The determination and actions shall be

 

reported to the state budget director and the house and senate fiscal agencies no

 

later than the final day of February of each year. If award adjustments are necessary,

 

the students shall be notified of the adjustment by March 4 of each year.

 

       (4) Any unexpended and unencumbered funds remaining on September 30, 2019 2020

 

from the amounts appropriated in section 236 for the tuition grant program for fiscal

 

year 2018-2019 2019-2020 do not lapse on September 30, 2019, 2020, but continue to be

 

available for expenditure for tuition grants provided in the 2019-2020 2020-2021

 

fiscal year under a work project account.

 

       (5) The department of treasury shall continue a proportional tuition grant

 

maximum award level for recipients enrolled less than full-time in a given semester or

 

term.

 

       (6) If the department of treasury increases the maximum award per eligible

 

student from that provided in the previous fiscal year, it shall not have the effect

 

of reducing the number of eligible students receiving awards in relation to the total

 

number of eligible applicants. Any increase in the maximum grant shall be proportional

 

for all eligible students receiving awards for that fiscal year.

 

       (7) Except as provided in subsection (4), the department of treasury shall not


award more than $4,200,000.00 in tuition grants to eligible students enrolled in the

 

same independent nonprofit college or university in this state. Any decrease in the

 

maximum grant shall be proportional for all eligible students enrolled in that college

 

or university, as determined by the department. The limit described in this subsection

 

does not apply to any other student financial aid program or in combination with any

 

other student financial aid program.

 

       (8) The department of treasury shall not award tuition grants to otherwise

 

eligible students enrolled in an independent college or university that does not

 

report, in a form and manner directed by and satisfactory to the department of

 

treasury, by October 31 of each year, all of the following:

 

       (a) The number of students in the most recently completed academic year who in

 

any academic year received a state tuition grant at the reporting institution and

 

successfully completed a program or graduated.

 

       (b) The number of students in the most recently completed academic year who in

 

any academic year received a state tuition grant at the reporting institution and took

 

a remedial education class.

 

       (c) The number of students in the most recently completed academic year who in

 

any academic year received a Pell grant at the reporting institution and successfully

 

completed a program or graduated.

 

       (9) By February 1, 2019 2020, each independent college and university

 

participating in the tuition grant program shall report to the senate and house

 

appropriations subcommittees on higher education, the senate and house fiscal

 

agencies, and the state budget director on its efforts to develop and implement sexual

 

assault response training for the institution's title IX coordinator, campus law

 

enforcement personnel, campus public safety personnel, and any other campus personnel

 

charged with responding to on-campus incidents, including information on sexual

 

assault response training materials and the status of implementing sexual assault


response training for institutional personnel.

 

       Sec. 256. (1) The funds appropriated in section 236 for the tuition incentive

 

program shall be distributed as provided in this section and pursuant to the

 

administrative procedures for the tuition incentive program of the department of

 

treasury.

 

       (2) As used in this section:

 

       (a) "Phase I" means the first part of the tuition incentive program defined as

 

the academic period of 80 semester or 120 term credits, or less, leading to an

 

associate degree or certificate. Students must be enrolled in a certificate or

 

associate degree program and taking classes within the program of study for a

 

certificate or associate degree. Tuition will not be covered for courses outside of a

 

certificate or associate degree program.

 

       (b) "Phase II" means the second part of the tuition incentive program which

 

provides assistance in the third and fourth year of 4-year degree programs.

 

       (c) "Department" means the department of treasury.

 

       (d) "High school equivalency certificate" means that term as defined in section

 

4.

 

       (3) An individual shall meet the following basic criteria and financial

 

thresholds to be eligible for tuition incentive program benefits:

 

       (a) To be eligible for phase I, an individual shall meet all of the following

 

criteria:

 

       (i) Apply for certification to the department any time after he or she begins the

 

sixth grade but before August 31 of the school year in which he or she graduates from

 

high school or before achieving a high school equivalency certificate.

 

       (ii) Be less than 20 years of age at the time he or she graduates from high

 

school with a diploma or certificate of completion or achieves a high school

 

equivalency certificate or, for students attending a 5-year middle college approved by


the Michigan department of education, be less than 21 years of age when he or she

 

graduates from high school.

 

       (iii) Be a United States citizen and a resident of this state according to

 

institutional criteria.

 

       (iv) Be at least a half-time student, earning less than 80 semester or 120 term

 

credits at a participating educational institution within 4 years of high school

 

graduation or achievement of a high school equivalency certificate. All program

 

eligibility expires 6 years from high school graduation or achievement of a high

 

school equivalency certificate.

 

       (v) Meet the satisfactory academic progress policy of the educational institution

 

he or she attends.

 

       (b) To be eligible for phase II, an individual shall meet either of the following

 

criteria in addition to the criteria in subdivision (a):

 

       (i) Complete at least 56 transferable semester or 84 transferable term credits.

 

       (ii) Obtain an associate degree or certificate at a participating institution.

 

       (c) To be eligible for phase I or phase II, an individual must not be

 

incarcerated and must be financially eligible as determined by the department. An

 

individual is financially eligible for the tuition incentive program if he or she was

 

eligible for Medicaid from this state for 24 months within the 36 consecutive months

 

before application. The department shall accept certification of Medicaid eligibility

 

only from the department of health and human services for the purposes of verifying if

 

a person is Medicaid eligible for 24 months within the 36 consecutive months before

 

application. Certification of eligibility may begin in the sixth grade. As used in

 

this subdivision, "incarcerated" does not include detention of a juvenile in a state-

 

operated or privately operated juvenile detention facility.

 

       (4) For phase I, the department shall provide payment on behalf of a person

 

eligible under subsection (3). The department shall only accept standard per-credit


hour tuition billings and shall reject billings that are excessive or outside the

 

guidelines for the type of educational institution.

 

       (5) For phase I, all of the following apply:

 

       (a) Payments for associate degree or certificate programs shall not be made for

 

more than 80 semester or 120 term credits for any individual student at any

 

participating institution.

 

       (b) For persons enrolled at a Michigan community college, the department shall

 

pay the current in-district tuition and mandatory fees. For persons residing in an

 

area that is not included in any community college district, the out-of-district

 

tuition rate may be authorized.

 

       (c) For persons enrolled at a Michigan public university, the department shall

 

pay lower division resident tuition and mandatory fees for the current year AND A PER-

 

CREDIT PAYMENT THAT DOES NOT EXCEED 3.0 TIMES THE AVERAGE COMMUNITY COLLEGE IN-

 

DISTRICT PER-CREDIT TUITION RATE AS REPORTED ON AUGUST 1, FOR THE IMMEDIATELY

 

PRECEDING ACADEMIC YEAR.

 

       (d) For persons enrolled at a Michigan independent, nonprofit degree-granting

 

college or university, or a Michigan federal tribally controlled community college, or

 

Focus: HOPE, the department shall pay mandatory fees for the current year and a per-

 

credit payment that does not exceed the average community college in-district per-

 

credit tuition rate as reported on August 1, for the immediately preceding academic

 

year.

 

       (6) A person participating in phase II may be eligible for additional funds not

 

to exceed $500.00 per semester or $400.00 per term up to a maximum of $2,000.00

 

subject to the following conditions:

 

       (a) Credits are earned in a 4-year program at a Michigan degree-granting 4-year

 

college or university.

 

       (b) The tuition reimbursement is for coursework completed within 30 months of


completion of the phase I requirements.

 

       (7) The department shall work closely with participating institutions to develop

 

an application and eligibility determination process that will provide the highest

 

level of participation and ensure that all requirements of the program are met.

 

       (8) Applications for the tuition incentive program may be approved at any time

 

after the student begins the sixth grade. If a determination of financial eligibility

 

is made, that determination is valid as long as the student meets all other program

 

requirements and conditions.

 

       (9) Each institution shall ensure that all known available restricted grants for

 

tuition and fees are used prior to billing the tuition incentive program for any

 

portion of a student's tuition and fees.

 

       (10) The department shall ensure that the tuition incentive program is well

 

publicized and that eligible Medicaid clients are provided information on the program.

 

The department shall provide the necessary funding and staff to fully operate the

 

program.

 

       (11) Any unexpended and unencumbered funds remaining on September 30, 2019 2020

 

from the amounts appropriated in section 236 for the tuition incentive program for

 

fiscal year 2018-2019 2019-2020 do not lapse on September 30, 2019, 2020, but continue

 

to be available for expenditure for tuition incentive program funds provided in the

 

2019-2020 2020-2021 fiscal year under a work project account. The use of these

 

unexpended fiscal year 2018-2019 2019-2020 funds terminates at the end of the 2019-

 

2020 2020-2021 fiscal year.

 

       (12) The department of treasury shall collaborate with the center to use the P-20

 

longitudinal data system to report the following information for each qualified

 

postsecondary institution:

 

       (a) The number of phase I students in the most recently completed academic year

 

who in any academic year received a tuition incentive program award and who


successfully completed a degree or certificate program. Cohort graduation rates for

 

phase I students shall be calculated using the established success rate methodology

 

developed by the center in collaboration with the postsecondary institutions.

 

       (b) The number of students in the most recently completed academic year who in

 

any academic year received a Pell grant at the reporting institution and who

 

successfully completed a degree or certificate program. Cohort graduation rates for

 

students who received Pell grants shall be calculated using the established success

 

rate methodology developed by the center in collaboration with the postsecondary

 

institutions.

 

       (13) If a qualified postsecondary institution does not report the data necessary

 

to comply with subsection (12) to the P-20 longitudinal data system, the institution

 

shall report, in a form and manner satisfactory to the department of treasury and the

 

center, all of the information needed to comply with subsection (12) by December 1,

 

2019.

 

       (13) (14) Beginning in fiscal year 2019-2020, if a qualified postsecondary

 

institution does not report the data necessary to complete the reporting in subsection

 

(12) to the P-20 longitudinal data system by October 15 for the prior academic year,

 

the department of treasury shall not award phase I tuition incentive program funding

 

to otherwise eligible students enrolled in that institution until the data are

 

submitted.

 

       Sec. 263. (1) Included in the appropriation in section 236 for fiscal year 2018-

 

2019 2019-2020 for MSU AgBioResearch is $2,982,900.00 and included in the

 

appropriation in section 236 for MSU Extension is $2,645,200.00 for Project GREEEN.

 

Project GREEEN is intended to address critical regulatory, food safety, economic, and

 

environmental problems faced by this state's plant-based agriculture, forestry, and

 

processing industries. "GREEEN" is an acronym for Generating Research and Extension to

 

Meet Environmental and Economic Needs.


       (2) The department of agriculture and rural development and Michigan State

 

University, in consultation with agricultural commodity groups and other interested

 

parties, shall develop Project GREEEN and its program priorities.

 

       Sec. 264. Included in the appropriation in section 236 for fiscal year 2018-2019

 

2019-2020 for Michigan State University is $80,000.00 for the Michigan Future Farmers

 

of America Association. This $80,000.00 allocation shall not supplant any existing

 

support that Michigan State University provides to the Michigan Future Farmers of

 

America Association.

 

       Sec. 265. (1) Payments under section 265a for performance STUDENT AFFORDABILITY

 

funding for fiscal years 2018-2019, 2019-2020, and 2020-2021 YEAR 2019-2020 shall only

 

be made to a public university that certifies to the state budget director by August

 

31, 2018 2019 that its board did not adopt an increase in tuition and fee rates for

 

resident undergraduate students after September 1, 2017 2018 for the 2017-2018 2018-

 

2019 academic year and that its board will not adopt an increase in tuition and fee

 

rates for resident undergraduate students for the 2018-2019 2019-2020 academic year

 

that is greater than 3.8 3.2% or $490.00 $427.00, whichever is greater. As used in

 

this subsection:

 

       (a) "Fee" means any board-authorized fee that will be paid by more than 1/2 of

 

all resident undergraduate students at least once during their enrollment at a public

 

university, as described in the higher education institutional data inventory (HEIDI)

 

user manual. A university increasing a fee that applies to a specific subset of

 

students or courses shall provide sufficient information to prove that the increase

 

applied to that subset will not cause the increase in the average amount of board-

 

authorized total tuition and fees paid by resident undergraduate students in the 2018-

 

2019 2019-2020 academic year to exceed the limit established in this subsection.

 

       (b) "Tuition and fee rate" means the average of full-time rates paid by a

 

majority of students in each undergraduate class, based on an unweighted average of


the rates authorized by the university board and actually charged to students,

 

deducting any uniformly rebated or refunded amounts, for the 2 semesters with the

 

highest levels of full-time equated resident undergraduate enrollment during the

 

academic year, as described in the higher education institutional data inventory

 

(HEIDI) user manual.

 

       (2) The state budget director shall implement uniform reporting requirements to

 

ensure that a public university receiving a payment under section 265a for performance

 

STUDENT AFFORDABILITY funding has satisfied the tuition restraint requirements of this

 

section. The state budget director shall have the sole authority to determine if a

 

public university has met the requirements of this section. Information reported by a

 

public university to the state budget director under this subsection shall also be

 

reported to the house and senate appropriations subcommittees on higher education and

 

the house and senate fiscal agencies.

 

       (3) Universities that exceed the tuition and fee rate cap described in subsection

 

(1) shall not receive a planning or construction authorization for a state-funded

 

capital outlay project in fiscal year 2019-2020, fiscal year 2020-2021, or fiscal year

 

2021-2022.

 

       (4) Notwithstanding any other provision of this act, the legislature may at any

 

time adjust appropriations for a university that adopts an increase in tuition and fee

 

rates for resident undergraduate students that exceeds the rate cap established in

 

subsection (1).

 

       Sec. 265a. (1) Appropriations to public universities in section 236 for fiscal

 

years 2018-2019, 2019-2020, and 2020-2021 YEAR 2019-2020 for performance STUDENT

 

AFFORDABILITY funding shall be paid only to a public university that complies with

 

section 265 and certifies to the state budget director, the house and senate

 

appropriations subcommittees on higher education, and the house and senate fiscal

 

agencies by August 31, 2018 2019 that it complies with all of the following


requirements:

 

       (a) The university participates in reverse transfer agreements described in

 

section 286 with at least 3 Michigan community colleges.

 

       (b) The university does not and will not consider whether dual enrollment credits

 

earned by an incoming student were utilized towards his or her high school graduation

 

requirements when making a determination as to whether those credits may be used by

 

the student toward completion of a university degree or certificate program.

 

       (c) The university actively participates in and submits timely updates to the

 

Michigan Transfer Network created as part of the Michigan Association of Collegiate

 

Registrars and Admissions Officers transfer agreement.

 

       (2) Any performance STUDENT AFFORDABILITY funding amounts under section 236 that

 

are not paid to a public university because it did not comply with 1 or more

 

requirements under subsection (1) are unappropriated and reappropriated for

 

performance STUDENT AFFORDABILITY funding to those public universities that meet the

 

requirements under subsection (1), distributed in proportion to their performance

 

STUDENT AFFORDABILITY funding appropriation amounts under section 236.

 

       (3) The state budget director shall report to the house and senate appropriations

 

subcommittees on higher education and the house and senate fiscal agencies by

 

September 30, 2018, 2019, regarding any performance STUDENT AFFORDABILITY funding

 

amounts that are not paid to a public university because it did not comply with 1 or

 

more requirements under subsection (1) and any reappropriation of funds under

 

subsection (2).

 

       (4) Performance STUDENT AFFORDABILITY funding amounts described in section 236

 

are distributed based on the following formula: SUCH THAT EACH PUBLIC UNIVERSITY

 

RECEIVES A 3 PERCENT INCREASE IN OPERATIONS FUNDING BETWEEN FISCAL YEAR 2018-2019 AND

 

FISCAL YEAR 2019-2020.

 

       (a) Proportional to each university's share of total operations funding


appropriated in fiscal year 2010-2011, 50%.

 

       (b) Based on weighted undergraduate completions in critical skills areas, 11.1%.

 

       (c) Based on research and development expenditures, for universities classified

 

in Carnegie classifications as doctoral universities: moderate research activity,

 

doctoral universities: higher research activity, or doctoral universities: highest

 

research activity only, 5.6%.

 

       (d) Based on 6-year graduation rate, total degree completions, and institutional

 

support as a percentage of core expenditures, and the percentage of students receiving

 

Pell grants, scored against national Carnegie classification peers and weighted by

 

total undergraduate fiscal year equated students, 33.3%.

 

       (5) For purposes of determining the score of a university under subsection

 

(4)(d), each university is assigned 1 of the following scores:

 

       (a) A university classified as in the top 20%, a score of 3.

 

       (b) A university classified as above national median, a score of 2.

 

       (c) A university classified as improving, a score of 2. It is the intent of the

 

legislature that, beginning in the 2019-2020 state fiscal year, a university

 

classified as improving is assigned a score of 1.

 

       (d) A university that is not included in subdivision (a), (b), or (c), a score of

 

0.

 

       (6) As used in this section, "Carnegie classification" means the basic

 

classification of the university according to the most recent version of the Carnegie

 

classification of institutions of higher education, published by the Carnegie

 

Foundation for the Advancement of Teaching.

 

       (7) It is the intent of the legislature to allocate more funding based on

 

performance metrics in future years.

 

       Sec. 265b. (1) Appropriations to public universities in section 236 for the

 

fiscal year ending September 30, 2019 2020 for operations funding shall be reduced by


10% pursuant to the procedures described in subdivision (a) for a public university

 

that fails to submit certification to the state budget director, the house and senate

 

appropriations subcommittees on higher education, and the house and senate fiscal

 

agencies by August 31, 2018 2019 that the university complies with sections 274c and

 

274d and that it complies with all of the requirements described in subdivisions (b)

 

to (i), as follows:

 

       (a) If a university fails to submit certification, the state budget director

 

shall withhold 10% of that university's annual operations funding until the university

 

submits certification. If a university fails to submit certification by the end of the

 

fiscal year, the 10% of its annual operations funding that is withheld shall lapse to

 

the general fund.

 

       (b) For title IX investigations of alleged sexual misconduct, the university

 

prohibits the use of medical experts that have an actual or apparent conflict of

 

interest.

 

       (c) For title IX investigations of alleged sexual misconduct, the university

 

prohibits the issuance of divergent reports to complainants, respondents, and

 

administration and instead requires that identical reports be issued to them.

 

       (d) Consistent with the university's obligations under 20 USC 1092(f), the

 

university notifies each individual who reports having experienced sexual assault by a

 

student, faculty member, or staff member of the university that the individual has the

 

option to report the matter to law enforcement, to the university, to both, or to

 

neither, as the individual may choose.

 

       (e) The university provides both of the following:

 

       (i) For all freshmen and incoming transfer students enrolled, an in-person sexual

 

misconduct prevention presentation or course, which must include contact information

 

for the title IX office of the university.

 

       (ii) For all students not considered freshmen or incoming transfer students, an


online or electronic sexual misconduct prevention presentation or course.

 

       (f) The university prohibits seeking compensation from the recipient of any

 

medical procedure, treatment, or care provided by a medical professional who has been

 

convicted of a felony arising out of the medical procedure, treatment, or care.

 

       (g) The university has or plans to have HAD a third party review its title IX

 

compliance office and related policies and procedures by the end of the 2018-2019

 

academic year. A copy of the third-party review shall be transmitted to the state

 

budget director, the house and senate appropriations subcommittees on higher

 

education, and the house and senate fiscal agencies. After the third-party review has

 

been conducted for the 2018-2019 academic year, the university shall have a third-

 

party review once every three years and a copy of the third-party review shall be

 

transmitted to the state budget director, the house and senate appropriations

 

subcommittees on higher education, and the house and senate fiscal agencies.

 

       (h) The university requires that the governing board and the president or

 

chancellor of the university receive not less than quarterly reports from their title

 

IX coordinator or title IX office. The report shall contain aggregated data of the

 

number of sexual misconduct reports that the office received for the academic year,

 

the types of reports received, including reports received against employees, and a

 

summary of the general outcomes of the reports and investigations. A member of the

 

governing board may request to review a title IX investigation report involving a

 

complaint against an employee, and the university shall provide the report in a manner

 

it considers appropriate. The university shall protect the complainant's anonymity,

 

and the report shall not contain specific identifying information.

 

       (i) If allegations against an employee are made in more than 1 title IX complaint

 

that resulted in the university finding that no misconduct occurred, the university

 

requires that the title IX officer promptly notify the president or chancellor and a

 

member of the university's governing board in writing and take all appropriate steps


to ensure that the matter is being investigated thoroughly, including hiring an

 

outside investigator for future cases involving that employee. A third-party title IX

 

investigation under this subdivision does not prohibit the university from

 

simultaneously conducting its own title IX investigation through its own title IX

 

coordinator.

 

       (2) Each public university that receives an appropriation in section 236 shall

 

also certify that its president or chancellor and a member of its governing board has

 

reviewed all title IX reports involving the alleged sexual misconduct of an employee

 

of the university, and shall send the certification to the house and senate

 

appropriations subcommittees on higher education, the house and senate fiscal

 

agencies, and the state budget director by August 31, 2018. 2019.

 

       (3) For purposes of this section, "sexual misconduct" includes, but is not

 

limited to, any of the following:

 

       (a) Intimate partner violence.

 

       (b) Nonconsensual sexual conduct.

 

       (c) Sexual assault.

 

       (d) Sexual exploitation.

 

       (e) Sexual harassment.

 

       (f) Stalking.

 

       Sec. 265d. The legislature encourages each EACH public university that receives

 

an appropriation in section 236 IS ENCOURAGED to enter into a memorandum of

 

understanding with at least 1 local law enforcement agency with jurisdiction on or

 

around campus for the communication and coordination of responses to incidents of

 

sexual assault.

 

       Sec. 267. All public universities shall submit the amount of tuition and fees

 

actually charged to a full-time resident undergraduate student for academic year 2018-

 

2019 2019-2020 as part of their higher education institutional data inventory (HEIDI)


data by August 31 of each year. A public university shall report any revisions for any

 

semester of the reported academic year 2018-2019 2019-2020 tuition and fee charges to

 

HEIDI within 15 days of being adopted.

 

       Sec. 268. (1) For the fiscal year ending September 30, 2019, it is the intent of

 

the legislature that funds be allocated for unfunded North American Indian tuition

 

waiver costs incurred by public universities under 1976 PA 174, MCL 390.1251 to

 

390.1253, from the general fund.

 

       (1) (2) Appropriations in section 236(7)(f) for North American Indian tuition

 

waivers shall be paid to universities under section 2a of 1976 PA 174, MCL 390.1252a.

 

Allocations shall be adjusted for amounts included in university operations

 

appropriations. If funds are insufficient to support the entire cost of waivers,

 

amounts shall be prorated proportionate to each institution's shortfall as a

 

percentage of its fiscal year 2018-2019 2019-2020 state appropriation for operations.

 

       (2) (3) By February 15 of each year, the department of civil rights shall

 

annually submit to the state budget director, the house and senate appropriations

 

subcommittees on higher education, and the house and senate fiscal agencies a report

 

on North American Indian tuition waivers for the preceding academic year that

 

includes, but is not limited to, all of the following information:

 

       (a) The number of waiver applications received and the number of waiver

 

applications approved.

 

       (b) For each university submitting information under subsection (4), (3), all of

 

the following:

 

       (i) The number of graduate and undergraduate North American Indian students

 

enrolled each term for the previous academic year.

 

       (ii) The number of North American Indian waivers granted each term, including to

 

continuing education students, and the monetary value of the waivers for the previous

 

academic year.


       (iii) The number of graduate and undergraduate students attending under a North

 

American Indian tuition waiver who withdrew from the university each term during the

 

previous academic year. For purposes of this subparagraph, a withdrawal occurs when a

 

student who has been awarded the waiver withdraws from the institution at any point

 

during the term, regardless of enrollment in subsequent terms.

 

       (iv) The number of graduate and undergraduate students attending under a North

 

American Indian tuition waiver who successfully complete a degree or certificate

 

program, separated by degree or certificate level, and the graduation rate for

 

graduate and undergraduate students attending under a North American Indian tuition

 

waiver who complete a degree or certificate within 150% of the normal time to

 

complete, separated by the level of the degree or certificate.

 

       (3) (4) A public university that receives funds under section 236 shall provide

 

to the department of civil rights any information necessary for preparing the report

 

detailed in subsection (3), (2), using guidelines and procedures developed by the

 

department of civil rights.

 

       (4) (5) The department of civil rights may consolidate the report required under

 

this section with the report required under section 223, but a consolidated report

 

must separately identify data for universities and data for community colleges.

 

       Sec. 269. For fiscal year 2018-2019, 2019-2020, from the amount appropriated in

 

section 236 to Central Michigan University for operations, $29,700.00 shall be paid to

 

Saginaw Chippewa Tribal College for the costs of waiving tuition for North American

 

Indians under 1976 PA 174, MCL 390.1251 to 390.1253.

 

       Sec. 270. For fiscal year 2018-2019, 2019-2020, from the amount appropriated in

 

section 236 to Lake Superior State University for operations, $100,000.00 shall be

 

paid to Bay Mills Community College for the costs of waiving tuition for North

 

American Indians under 1976 PA 174, MCL 390.1251 to 390.1253.

 

       Sec. 274c. By February 1, 2019, 2020, each university receiving funds under


section 236 shall report to the senate and house appropriations subcommittees on

 

higher education, the senate and house fiscal agencies, and the state budget director

 

on its efforts to develop and implement sexual assault response training for the

 

university's title IX coordinator, campus law enforcement personnel, campus public

 

safety personnel, and any other campus personnel charged with responding to on-campus

 

incidents, including information on sexual assault response training materials and the

 

status of implementing sexual assault response training for campus personnel.

 

       Sec. 276. (1) Included in the appropriation for fiscal year 2018-2019 2019-2020

 

for each public university in section 236 is funding for the Martin Luther King, Jr. -

 

Cesar Chavez - Rosa Parks future faculty program that is intended to increase the pool

 

of academically or economically disadvantaged candidates pursuing faculty teaching

 

careers in postsecondary education. Preference may not be given to applicants on the

 

basis of race, color, ethnicity, gender, or national origin. Institutions should

 

encourage applications from applicants who would otherwise not adequately be

 

represented in the graduate student and faculty populations. Each public university

 

shall apply the percentage change applicable to every public university in the

 

calculation of appropriations in section 236 to the amount of funds allocated to the

 

future faculty program.

 

       (2) The program shall be administered by each public university in a manner

 

prescribed by the workforce development agency. The workforce development agency shall

 

use a good faith effort standard to evaluate whether a fellowship is in default.

 

       Sec. 277. (1) Included in the appropriation for fiscal year 2018-2019 2019-2020

 

for each public university in section 236 is funding for the Martin Luther King, Jr. -

 

Cesar Chavez - Rosa Parks college day program that is intended to introduce

 

academically or economically disadvantaged schoolchildren to the potential of a

 

college education. Preference may not be given to participants on the basis of race,

 

color, ethnicity, gender, or national origin. Public universities should encourage


participation from those who would otherwise not adequately be represented in the

 

student population.

 

       (2) Individual program plans of each public university shall include a budget of

 

equal contributions from this program, the participating public university, the

 

participating school district, and the participating independent degree-granting

 

college. College day funds shall not be expended to cover indirect costs. Not more

 

than 20% of the university match shall be attributable to indirect costs. Each public

 

university shall apply the percentage change applicable to every public university in

 

the calculation of appropriations in section 236 to the amount of funds allocated to

 

the college day program.

 

       (3) The program described in this section shall be administered by each public

 

university in a manner prescribed by the workforce development agency.

 

       Sec. 278. (1) Included in section 236 for fiscal year 2018-2019 2019-2020 is

 

funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks select student

 

support services program for developing academically or economically disadvantaged

 

student retention programs for 4-year public and independent educational institutions

 

in this state. Preference may not be given to participants on the basis of race,

 

color, ethnicity, gender, or national origin. Institutions should encourage

 

participation from those who would otherwise not adequately be represented in the

 

student population.

 

       (2) An award made under this program to any 1 institution shall not be greater

 

than $150,000.00, and the amount awarded shall be matched on a 70% state, 30% college

 

or university basis.

 

       (3) The program described in this section shall be administered by the workforce

 

development agency.

 

       Sec. 279. (1) Included in section 236 for fiscal year 2018-2019 2019-2020 is

 

funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks college/university


partnership program between 4-year public and independent colleges and universities

 

and public community colleges, which is intended to increase the number of

 

academically or economically disadvantaged students who transfer from community

 

colleges into baccalaureate programs. Preference may not be given to participants on

 

the basis of race, color, ethnicity, gender, or national origin. Institutions should

 

encourage participation from those who would otherwise not adequately be represented

 

in the transfer student population.

 

       (2) The grants shall be made under the program described in this section to

 

Michigan public and independent colleges and universities. An award to any 1

 

institution shall not be greater than $150,000.00, and the amount awarded shall be

 

matched on a 70% state, 30% college or university basis.

 

       (3) The program described in this section shall be administered by the workforce

 

development agency.

 

       Sec. 280. (1) Included in the appropriation for fiscal year 2018-2019 2019-2020

 

for each public university in section 236 is funding for the Martin Luther King, Jr. -

 

Cesar Chavez - Rosa Parks visiting professors program which is intended to increase

 

the number of instructors in the classroom to provide role models for academically or

 

economically disadvantaged students. Preference may not be given to participants on

 

the basis of race, color, ethnicity, gender, or national origin. Public universities

 

should encourage participation from those who would otherwise not adequately be

 

represented in the student population.

 

       (2) The program described in this section shall be administered by the workforce

 

development agency.

 

       Sec. 281. (1) Included in the appropriation for fiscal year 2018-2019 2019-2020

 

in section 236 is funding under the Martin Luther King, Jr. - Cesar Chavez - Rosa

 

Parks initiative for the Morris Hood, Jr. educator development program which is

 

intended to increase the number of academically or economically disadvantaged students


who enroll in and complete K-12 teacher education programs at the baccalaureate level.

 

Preference may not be given to participants on the basis of race, color, ethnicity,

 

gender, or national origin. Institutions should encourage participation from those who

 

would otherwise not adequately be represented in the teacher education student

 

population.

 

       (2) The program described in this section shall be administered by each state-

 

approved teacher education institution in a manner prescribed by the workforce

 

development agency.

 

       (3) Approved teacher education institutions may and are encouraged to use student

 

support services funding in coordination with the Morris Hood, Jr. funding to achieve

 

the goals of the program described in this section.

 

       Sec. 282. Each institution receiving funds for fiscal year 2018-2019 2019-2020

 

under section 278, 279, or 281 shall provide to the workforce development agency by

 

April 15, 2019 2020 the unobligated and unexpended funds as of March 31, 2019 2020 and

 

a plan to expend the remaining funds by the end of the fiscal year. Notwithstanding

 

the award limitations in sections 278 and 279, the amount of funding reported as not

 

being expended will be reallocated to the institutions that intend to expend all

 

funding received under section 278, 279, or 281.

 

       Sec. 289. (1) Not less than AT LEAST ONCE every 4 years, the auditor general

 

shall audit higher education institutional data inventory (HEIDI) data submitted by

 

all public universities under section 241 and may perform audits of selected public

 

universities if determined necessary. The audits shall be based upon the definitions,

 

requirements, and uniform reporting categories established by the state budget

 

director in consultation with the HEIDI advisory committee. The auditor general shall

 

submit a report of findings to the house and senate appropriations committees and the

 

state budget director no later than July 1 of each year an audit takes place.

 

       (2) Student credit hours reports shall not include the following:


       (a) Student credit hours generated through instructional activity by faculty or

 

staff in classrooms located outside Michigan, with the exception of instructional

 

activity related to study-abroad programs or field programs.

 

       (b) Student credit hours generated through distance learning instruction for

 

students not eligible for the public university's in-state main campus resident

 

tuition rate. However, in instances where a student is enrolled in distance education

 

and non-distance education credit hours in a given term and the student's non-distance

 

education enrollment is at a campus or site located within Michigan, student credit

 

hours per the student's eligibility for in-state or out-of-state tuition rates may be

 

reported.

 

       (B) (c) Student credit hours generated through credit by examination.

 

       (d) Student credit hours generated through inmate prison programs regardless of

 

teaching location.

 

       (C) (e) Student credit hours generated in new degree programs created on or after

 

January 1, 1975 and before January 1, 2013, that were not specifically authorized for

 

funding by the legislature, except spin-off programs converted from existing core

 

programs, and student credit hours generated in any new degree programs created after

 

January 1, 2013, that are specifically excluded from reporting by the legislature

 

under this section.

 

       (3) "Distance learning instruction" as used in subsection (2) means instruction

 

that occurs solely in other than a traditional classroom setting where the student and

 

instructor are in the same physical location and for which a student receives course

 

credits and is charged tuition and fees. Examples of distance learning instruction are

 

instruction delivered solely through the internet, cable television, teleconference,

 

or mail.


ARTICLE VI

 

SUMMARY OF ANTICIPATED APPROPRIATIONS

 

       SEC. 298. (1) SUBJECT TO THE CONDITIONS SET FORTH IN THIS ACT, THE AMOUNTS

 

APPROPRIATED IN THIS ACT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020 FOR THE PUBLIC

 

SCHOOLS, INTERMEDIATE SCHOOL DISTRICTS, COMMUNITY COLLEGES AND PUBLIC UNIVERSITIES OF

 

THIS STATE, AND CERTAIN OTHER STATE PURPOSES RELATING TO EDUCATION ARE ANTICIPATED TO

 

BE THE SAME AMOUNTS APPROPRIATED FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2021, WITH

 

THE FOLLOWING EXCEPTIONS:

                                                                                                                                                           FOR FISCAL        FOR FISCAL

                                                                 YEAR ENDING        YER ENDING

                                                              SEPT. 30, 2020    SEPT. 30, 2021

 

       (2) APPROPRIATIONS FOR SCHOOL AID (ARTICLE I)

 

  SCHOOL AID FUND BORROWING COSTS.........................   $     56,000,000  $     66,000,000

 

  DRINKING WATER DECLARATION OF EMERGENCY.................          8,075,100         8,075,000

 

  PROPOSAL A OBLIGATION PAYMENT...........................      4,953,000,000     4,860,000,000

 

  RENAISSANCE ZONE REIMBURSEMENT PAYMENT..................         15,300,000        18,400,000

 

  SPECIAL EDUCATION FOUNDATIONS...........................        297,800,000       309,200,000

 

  SPECIAL EDUCATION HEADLEE OBLIGATION....................        689,500,000       716,000,000

 

  SCHOOL BUS INSPECTION PROGRAMS..........................          1,747,900         1,735,100

 

  CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION......         16,457,200        16,371,100

 

  MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM......      1,245,540,000     1,438,857,000

 

       (3) APPROPRIATIONS FOR COMMUNITY COLLEGES (ARTICLE II)

 

  MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM......   $     87,045,600  $     98,506,600

 

       (4) APPROPRIATIONS FOR UNIVERSITIES AND STUDENT FINANCIAL AID (ARTICLE III)

 

  MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM......   $      6,251,000  $      7,264,000

 

       Enacting section 1. (1) In accordance with section 30 of article I of the state

 

constitution of 1963, total state spending on school aid under article I as amended by


this amendatory act from state sources for fiscal year 2019-2020 is estimated at

 

$13,621,660,400.00 and state appropriations for school aid to be paid to local units

 

of government for fiscal year 2019-2020 are estimated at $13,406,340,600.00.

 

       (2) In accordance with section 30 of article IX of the state constitution of

 

1963, total state spending from state sources for community colleges for fiscal year

 

2019-2020 under article II as amended by this amendatory act is estimated at

 

$421,164,000.00 and the amount of that state spending from state sources to be paid to

 

local units of government for fiscal year 2019-2020 is estimated at $421,164,000.00.

 

       (3) In accordance with section 30 of article IX of the state constitution of

 

1963, total state spending from state sources for higher education for fiscal year

 

2019-2020 under article III as amended by this amendatory act is estimated at

 

$1,587,795,400.00 and the amount of that state spending from state sources to be paid

 

to local units of government for fiscal year 2019-2020 is estimated at $0.

 

       Enacting section 2. Sections 17c, 20m, 22p, 24c, 25f, 25g, 25h, 31b, 32q, 35b,

 

55, 61c, 61d, 61f, 61g, 61h, 64b, 64d, 65, 74a, 95b, 99t, 99u, 99v, 99w, 99x, 99y,

 

102d, 104d, 104f, 152b, 153, 164g, 164h, 201a, 208, 210f, 212, 227, 228, 236a, 261,

 

265c, 265e, 271a, 274, and 275a of the state school aid act of 1979, 1979 PA 94, MCL

 

388.1617c, 388.1620m, 388.1622p, 388.1624c, 388.1625f, 388.1625g, 388.1625h,

 

388.1631b, 388.1632q, 388.1635b, 388.1655, 388.1661c, 388.1661d, 388.1661f, 388.1661g,

 

388.1661h, 388.1664b, 388.1664d, 388.1665, 388.1674a, 388.1695b, 388.1699t, 388.1699u,

 

388.1699v, 388.1699w, 388.1699x, 388.1699y, 388.1702d, 388.1704d, 388.1704f,

 

388.1752b, 388.1753, 388.1764g, 388.1764h, 388.1801a, 388.1808, 388.1810f, 388.1812,

 

388.1827, 388.1828, 388.1836a, 388.1861, 388.1865c, 388.1865e, 388.1871a, 388.1874,

 

and 388.1875a are repealed effective October 1, 2019.

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