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.
