Bill Text: MI HB4421 | 2021-2022 | 101st Legislature | Engrossed

Michigan House Bill 4421 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Appropriations: school aid; multisection school aid supplemental for fiscal year 2021-2022; provide for. Amends secs. 11, 11n, 11r & 23b of 1979 PA 94 (MCL 388.1611 et seq.) & adds sec. 11o.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-07-01 - Assigned Pa 47'21 With Immediate Effect [HB4421 Detail]

Download: Michigan-2021-HB4421-Engrossed.html

Substitute For

HOUSE BILL NO. 4421

A bill to amend 1979 PA 94, entitled

"The state school aid act of 1979,"

by amending sections 11, 11n, 11r, 23b, 25i, and 31a (MCL 388.1611, 388.1611n, 388.1611r, 388.1623b, 388.1625i, and 388.1631a), section 11 as amended by 2021 PA 3, sections 11n, 11r, and 23b as added by 2021 PA 3, section 25i as added by 2020 PA 165, and section 31a as amended by 2020 PA 165, and by adding sections 11o, 11t, 23d, and 201d.

The people of the state of michigan enact:

Sec. 11. (1) For the fiscal year ending September 30, 2021, there is appropriated for the public schools of this state and certain other state purposes relating to education the sum of $13,759,819,500.00 from the state school aid fund, the sum of $50,964,600.00 from the general fund, an amount not to exceed $77,700,000.00 from the community district education trust fund created under section 12 of the Michigan trust fund act, 2000 PA 489, MCL 12.262, and an amount not to exceed $100.00 from the water emergency reserve fund. In addition, all available federal funds are only appropriated as allocated in this article for the fiscal year ending September 30, 2021.

(2) The appropriations under this section are allocated as provided in this article. Money appropriated under this section from the general fund must 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 fiscal year are transferred to the school aid stabilization fund created under section 11a.

Sec. 11n. (1) From the federal fund money funds appropriated under section 11, there is allocated for 2020-2021 an amount not to exceed $125,658,900.00 from the federal funding awarded to this state from the governor's emergency education relief (GEER) fund under the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260, and there is allocated for 2020-2021 an amount not to exceed $1,650,759,800.00 $1,656,308,286.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260.

(2) From the federal funds appropriated under section 11, there is allocated for 2020-2021 an amount not to exceed $3,713,833,000.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2, and there is allocated for 2020-2021 an amount not to exceed $65,000,000.00 from the federal funding awarded to this state from the coronavirus state fiscal recovery fund under the American rescue plan act of 2021, title IX, subtitle M of Public Law 117-2.

Sec. 11o. (1) From the federal funds allocated under section 11n, there is allocated for 2020-2021 an amount not to exceed $86,777,000.00 from the federal funding awarded to this state from the governor's emergency education relief (GEER) fund under the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260, for emergency assistance to nonpublic schools as provided under section 312(d) of the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260.

(2) From the federal funds appropriated under section 11, there is allocated for 2020-2021 an amount not to exceed $93,023,000.00 from the federal funding awarded to this state under the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2, for emergency assistance to nonpublic schools as provided under section 2002 of the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2.

Sec. 11r. (1) From the federal fund money funds allocated under section 11n, there is allocated for 2020-2021 an amount not to exceed $1,493,410,500.00 $1,498,958,986.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260, and there is allocated an amount not to exceed $3,709,833,000.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2, and from the state school aid fund money appropriated under section 11, there is allocated $136,000,000.00, for the purposes of this section.

(2) From the federal funds allocated under subsection (1), $650,000,000.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260, is allocated for payments to districts as provided under this subsection. From the funds allocated in this subsection, the department shall pay each district in proportion to the amount of funds the district received under part A of title I of the elementary and secondary education act of 1965, Public Law 103-382, in the most recent fiscal year. The funding under this subsection is a portion of the funding that is designated as subgrants to local educational agencies as provided under section 313(c) of the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260.

(3) Except as otherwise provided in this subsection, from the federal funds allocated under subsection (1), $840,677,500.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260, is allocated for payments to districts as provided under this subsection. From the funds allocated in this subsection, the department shall pay each district in proportion to the amount of funds the district received under part A of title I of the elementary and secondary education act of 1965, Public Law 103-382, in the most recent fiscal year. The funding under this subsection is a portion of the funding that is designated as subgrants to local educational agencies as provided under section 313(c) of the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260. The funds allocated in this subsection must not be paid or otherwise distributed to districts as provided for under this subsection unless House Bill No. 4049 of the 101st Legislature is enacted into law and takes effect within 14 days after House Bill No. 4049 is presented to the governor.

(4) Except as otherwise provided in this subsection, from the federal funds allocated under subsection (1), $840,677,500.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260, is allocated for payments to districts as provided under this subsection. From the funds allocated in this subsection, the department shall pay each district in proportion to the amount of funds the district received under part A of title I of the elementary and secondary education act of 1965, Public Law 103-382, in the most recent fiscal year. The funding under this subsection is a portion of the funding that is designated as subgrants to local educational agencies as provided under section 313(c) of the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260.

(5) (4) From the state school aid fund money allocated under subsection (1), there is allocated $136,000,000.00 to eligible districts as provided in this subsection. The Subject to subsection (14), the department shall pay each eligible district under this subsection an amount equal to the product of the district's 2020-2021 pupils in membership multiplied by the difference between $450.00 and the district's ESSER II formula payment per pupil. A district to which all of the following applythat has an ESSER II formula payment per pupil that is less than $450.00 is an eligible district under this subsection:

(a) The district's ESSER formula payment per pupil is less than $450.00.

(b) By not later than March 22, 2021, excluding days that are part of a previously scheduled period of time for which the district is not in session, the district offers in-person instruction at least 20 hours each school week if the district's school week includes 5 school days or, if the district's school week does not include 5 school days, offers in-person instruction in an amount of hours necessary each school week to provide the instruction it would have provided in 20 hours for a 5-school-day school week to all pupils enrolled in the district, regardless of whether or not all pupils enrolled in the district participate in the in-person instruction offered. This subdivision does not apply to a district that operates as a cyber school as that term is defined in section 551 of the revised school code, MCL 380.551. As used in this subdivision, "in-person instruction" means instruction that a pupil receives while he or she is physically present at a school building designated by the district in which he or she is enrolled.

(c) The district has an extended COVID-19 learning plan that has been approved under section 98a. This subdivision does not apply to a district that operates as a cyber school as that term is defined in section 551 of the revised school code, MCL 380.551.

(d) The district pledges that it will, beginning with the first meeting after the effective date of the amendatory act that added this subdivision, at each meeting of the board or board of directors, as applicable, of the district during which the district reconfirms how instruction is going to be delivered under section 98a, confirm that it is offering instruction to pupils as described in subdivision (b). This subdivision does not apply to a district that operates as a cyber school as that term is defined in section 551 of the revised school code, MCL 380.551.

(6) (5) Funds received by districts under this section subsections (2)and (4) must be used for the purposes described in section 313(d) of the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260.

(7) (6) In order to receive funding under this section, subsections (2), (4), and (5), a district must submit a spending plan to the department by not later than 45 days after the effective date of the amendatory act that added this section. April 23, 2021, and in order to receive funding under subsection (5), a district must submit a spending plan to the department by not later than June 18, 2021. A spending plan described in this subsection must include the district's estimated spending of funds received under this section for the purposes described in subsection (5), (6), disaggregated by the type of service provided. The department shall send a report concerning the spending plans received under this subsection to the legislature.

(8) From the federal funds allocated under subsection (1), $3,347,849,700.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2, is allocated for payments to districts as provided under this subsection. From the funds allocated under this subsection, the department shall pay each district in proportion to the amount of funds the district received under part A of title I of the elementary and secondary education act of 1965, Public Law 103-382, in the most recent fiscal year. The funding under this subsection is designated as subgrants to local educational agencies as provided under section 2001(d) of the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2.

(9) Funds received by districts under subsection (8) must be used for the purposes described in section 2001(e) of the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2, including that not less than 20% of the funds must be reserved to address learning loss through the implementation of evidence-based interventions and to ensure that such interventions respond to students' academic, social, and emotional needs and address the disproportionate impact of COVID-19 on the student subgroups described in section 6311(b)(2)(B)(xi) of 20 USC 6311; students experiencing homelessness; and children and youth in foster care.

(10) From the federal funds allocated under section 11n, there is allocated for 2020-2021 an amount not to exceed $361,983,300.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2, to eligible districts as provided in this subsection. Subject to subsection(15), the department shall pay each eligible district under this subsection an amount equal to the product of the district's 2020-2021 pupils in membership multiplied by the difference between $1,093.00 and the district's ESSER III formula payment per pupil. A district that has an ESSER III formula payment per pupil that is less than $1,093.00 is an eligible district under this subsection(11) Both of the following apply to the funding under subsection (10):

(a) An eligible district shall dedicate the following percentages of a payment received under subsection (10) as follows, in accordance with the requirements under section 2001(f) of the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2:

(i) At least 50.0% for activities to address learning loss by supporting the implementation of evidence-based interventions.

(ii) At least 10.3% for the implementation of evidence-based summer enrichment programs.

(iii) At least 10.3% for the implementation of evidence-based comprehensive after-school programs.

(b) In accordance with section 2001(f) of the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2, an eligible district must ensure that the interventions, activities, and programs under subdivision (a) respond to students' academic, social, and emotional needs and address the disproportionate impact of COVID-19 on the student subgroups described in section 6311(b)(2)(B)(xi) of 20 USC 6311; students experiencing homelessness; and children and youth in foster care.

(12) In order to receive funding under subsection (8), a district must submit a spending plan to the department by not later than 45 days after the effective date of the amendatory act that added this subsection and, in order to receive funding under subsection (10), a district must submit a spending plan to the department by not later than June 18, 2021". A spending plan described in this subsection must include the district's estimated spending of funds received under subsections (8) and (10) for the purposes described in subsections (9) and (11), disaggregated by the type of service provided. A district shall also post the spending plan described in this subsection on its website.

(13) (7) From the federal funds allocated under subsection (1), there is allocated $2,733,000.00 $8,281,486.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260, to the department for administrative costs in implementing this section.

(14) The department shall make payments to districts under subsection (5) in the following proportions: (a) Subject to subdivisions (f) and (g), 100% of a payment under subsection (5) must be made to a district, excluding a district that is a cyber school or an approved district, that, from April 12, 2021 through June 4, 2021, excluding days that are part of a previously scheduled period of time for which the district is not in session, offered in-person instruction at least an average of 25 hours each school week based on the total number of hours offered during the period described in this subdivision, if the district's school week includes 5 school days or, if the district's school week does not include 5 school days, offered in-person instruction in an amount of hours necessary each school week to provide the instruction it would have provided in an average of 25 hours each school week for a 5-school-day school week during the period described in this subdivision to all pupils enrolled in the district, regardless of whether or not all pupils enrolled in the district participated in the in-person instruction offered. As used in this subdivision, "in-person instruction" means instruction that a pupil receives while he or she is physically present at a school building designated by the district in which he or she is enrolled. (b) Only 75% of a payment under subsection (5) must be made to a district, excluding a district that is a cyber school or an approved district, that, from April 12, 2021 through June 4, 2021, excluding days that are part of a previously scheduled period of time for which the district is not in session, offered in-person instruction at least an average of 20 hours each school week based on the total number of hours offered during the period described in this subdivision, if the district's school week includes 5 school days or, if the district's school week does not include 5 school days, offered in-person instruction in an amount of hours necessary each school week to provide the instruction it would have provided in an average of 20 hours each school week for a 5-school-day school week during the period described in this subdivision to all pupils enrolled in the district, regardless of whether or not all pupils enrolled in the district participated in the in-person instruction offered. As used in this subdivision, "in-person instruction" means instruction that a pupil receives while he or she is physically present at a school building designated by the district in which he or she is enrolled. (c) Only 50% of a payment under subsection (5) must be made to a district, excluding a district that is a cyber school or an approved district, that, from April 12, 2021 through June 4, 2021, excluding days that are part of a previously scheduled period of time for which the district is not in session, offered in-person instruction at least an average of 15 hours each school week based on the total number of hours offered during the period described in this subdivision, if the district's school week includes 5 school days or, if the district's school week does not include 5 school days, offered in-person instruction in an amount of hours necessary each school week to provide the instruction it would have provided in an average of 15 hours each school week for a 5-school-day school week during the period described in this subdivision to all pupils enrolled in the district, regardless of whether or not all pupils enrolled in the district participated in the in-person instruction offered. As used in this subdivision, "in-person instruction" means instruction that a pupil receives while he or she is physically present at a school building designated by the district in which he or she is enrolled. (d) Only 25% of a payment under subsection (5) must be made to a district, excluding a district that is a cyber school or an approved district, that, from April 12, 2021 through June 4, 2021, excluding days that are part of a previously scheduled period of time for which the district is not in session, offered in-person instruction at least an average of 10 hours each school week based on the total number of hours offered during the period described in this subdivision, if the district's school week includes 5 school days or, if the district's school week does not include 5 school days, offered in-person instruction in an amount of hours necessary each school week to provide the instruction it would have provided in an average of 10 hours each school week for a 5-school-day school week during the period described in this subdivision to all pupils enrolled in the district, regardless of whether or not all pupils enrolled in the district participated in the in-person instruction offered. As used in this subdivision, "in-person instruction" means instruction that a pupil receives while he or she is physically present at a school building designated by the district in which he or she is enrolled. (e) Zero percent of a payment under subsection (5) must be made to a district that is not a cyber school or an approved district and that does not meet any of subdivisions (a) to (d). (f) One hundred percent of a payment under subsection (5) must be made to a district that is a cyber school. (g) One hundred percent of a payment under subsection (5) must be made to a district that is an approved district. (15) The department shall make payments under subsection (10) in the following proportions: (a) Subject to subdivision (f), 100% of a payment under subsection (10) must be made to a district, excluding a district that is a cyber school, that, from April 12, 2021 through June 4, 2021, excluding days that are part of a previously scheduled period of time for which the district is not in session, offered in-person instruction at least an average of 25 hours each school week based on the total number of hours offered during the period described in this subdivision, if the district's school week includes 5 school days or, if the district's school week does not include 5 school days, offered in-person instruction in an amount of hours necessary each school week to provide the instruction it would have provided in an average of 25 hours each school week for a 5-school-day school week during the period described in this subdivision to all pupils enrolled in the district, regardless of whether or not all pupils enrolled in the district participated in the in-person instruction offered. As used in this subdivision, "in-person instruction" means instruction that a pupil receives while he or she is physically present at a school building designated by the district in which he or she is enrolled. (b) Only 75% of a payment under subsection (10) must be made to a district, excluding a district that is a cyber school, that, from April 12, 2021 through June 4, 2021, excluding days that are part of a previously scheduled period of time for which the district is not in session, offered in-person instruction at least an average of 20 hours each school week based on the total number of hours offered during the period described in this subdivision, if the district's school week includes 5 school days or, if the district's school week does not include 5 school days, offered inperson instruction in an amount of hours necessary each school week to provide the instruction it would have provided in an average of 20 hours each school week for a 5-school-day school week during the period described in this subdivision to all pupils enrolled in the district, regardless of whether or not all pupils enrolled in the district participated in the in-person instruction offered. As used in this subdivision, "in-person instruction" means instruction that a pupil receives while he or she is physically present at a school building designated by the district in which he or she is enrolled. (c) Only 50% of a payment under subsection (10) must be made to a district, excluding a district that is a cyber school, that, from April 12, 2021 through June 4, 2021, excluding days that are part of a previously scheduled period of time for which the district is not in session, offered in-person instruction at least an average of 15 hours each school week based on the total number of hours offered during the period described in this subdivision, if the district's school week includes 5 school days or, if the district's school week does not include 5 school days, offered inperson instruction in an amount of hours necessary each school week to provide the instruction it would have provided in an average of 15 hours each school week for a 5-school-day school week during the period described in this subdivision to all pupils enrolled in the district, regardless of whether or not all pupils enrolled in the district participated in the in-person instruction offered. As used in this subdivision, "in-person instruction" means instruction that a pupil receives while he or she is physically present at a school building designated by the district in which he or she is enrolled. (d) Only 25% of a payment under subsection (10) must be made to a district, excluding a district that is a cyber school, that, from April 12, 2021 through June 4, 2021, excluding days that are part of a previously scheduled period of time for which the district is not in session, offered in-person instruction at least an average of 10 hours each school week based on the total number of hours offered during the period described in this subdivision, if the district's school week includes 5 school days or, if the district's school week does not include 5 school days, offered inperson instruction in an amount of hours necessary each school week to provide the instruction it would have provided in an average of 10 hours each school week for a 5-school-day school week during the period described in this subdivision to all pupils enrolled in the district, regardless of whether or not all pupils enrolled in the district participated in the in-person instruction offered. As used in this subdivision, "in-person instruction" means instruction that a pupil receives while he or she is physically present at a school building designated by the district in which he or she is enrolled. (e) Zero percent of a payment under subsection (10) must be made to a district that is not a cyber school and that does not meet any of subdivisions (a) to (d). (f) One hundred percent of a payment under subsection (10) must be made to a district that is a cyber school. (16) The department shall make all payments under this section by not later than July 2, 2021. (17) To receive funding under subsection (5) or (10), a district must submit an application for the funding, in a form and manner prescribed by the department, by not later than June 18, 2021. If, by the effective date of the amendatory act that added this subsection, a district has already submitted an application for funding under subsection (5) and that application was approved by the department, the district is not required to submit another application for funding under subsection (5) under this subsection.

(15) (8) As used in this section: ,

"(a) "Approved district" means a district that is not a cyber school that submitted an application for funding under subsection (5) that was approved before the effective date of the amendatory act that added subsection (17).

(b) "Cyber school" means that term as defined in section 551 of the revised school code, MCL 380.551."

(c) "ESSER II formula payment per pupil" means an amount equal to the sum of the amount of funds the district receives under subsection (2) and , if House Bill No. 4049 is enacted into law and effective within 14 days after House Bill No. 4049 is presented to the governor, the amount of funds the district receives under subsection (3) or, if House Bill No. 4049 is not enacted into law and effective within 14 days after House Bill No. 4049 is presented to the governor, the amount of funds the district would have received under subsection (3) if House Bill No. 4049 of the 101st Legislature was enacted into law and effective within 14 days after House Bill No. 4049 was presented to the governor , as applicable, divided by the district's pupils in membership for the 2020-2021 school year as calculated under section 6.

(d) "ESSER III formula payment per pupil" means an amount equal to the amount of funds the district receives under subsection (8) divided by the district's pupils in membership for the 2020-2021 school year as calculated under section 6.

Sec. 11t. (1) From the federal funds allocated under section 11n, there is allocated for 2020-2021 an amount not to exceed $45,000,000.00 from the federal funding awarded to this state from the coronavirus state fiscal recovery fund under the American rescue plan act of 2021, title IX, subtitle M of Public Law 117-2, for competitive grants to districts to update their HVAC systems or provide devices to improve indoor air quality.

(2) A district seeking a grant under this section must apply for the grant to the department, in a form and manner prescribed by the department, by not later than September 1, 2021. By not later than June 1, 2021, the department shall develop and make available an application process for applying for grants under this section. The department shall select the districts that will receive grants under this section and provide notice of its selections by not later than September 30, 2021.

(3) The department shall award grants under this section on a competitive basis, but shall place priority in awarding grants to certain districts based on the following criteria:

(a) The amount of elementary and secondary school emergency relief (ESSER) fund funding the district received or will receive under the coronavirus response and relief supplemental appropriations act, 2021, division M of Public law 116-260, and the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2. The highest amount of priority under this subsection must be given to the applicant districts that received the least amount of elementary and secondary school emergency relief (ESSER) fund funding described in this subdivision, and the amount of priority given under this subsection must decrease as the amount of elementary and secondary school emergency relief (ESSER) fund funding described in this subdivision each applicant district received increases.

(b) Whether the board of the district has adopted a resolution stating that the district will implement, for the first time, a balanced calendar instructional program beginning with the 2021-2022 school year for at least 1 school operated by the district. A district for which the board has adopted a resolution as described in this subdivision must receive higher priority under this subsection than a district for which the board did not adopt a resolution as described in this subdivision.

(4) Each district that applies for a grant under this section must not be awarded more than 1 grant under this section and each grant awarded to a district under this section must be in an amount not exceeding $5,000,000.00.

(5) The funding allocated under this section for 2020-2021 may be carried forward into 2021-2022.

(6) As used in this section, "HVAC system" means heating, ventilation, and air conditioning system.

Sec. 23b. (1) From the federal fund money allocated under section 11n awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260, there is allocated for 2020-2021 an amount not to exceed $152,400,000.00, and from the state school aid fund money appropriated under section 11, there is allocated for 2020-2021 an amount not to exceed $10,000,000.00 to eligible districts and eligible intermediate districts described in subsection (4) to be used for COVID-19 remediation services in the manner described in subsection (6).

(2) The funds allocated under subsection (1) must be distributed by the department as follows:

(a) An amount not to exceed $90,000,000.00 from the federal funding allocated under subsection (1) for summer programs that are offered as part of COVID-19 remediation services under this section.

(b) An amount not to exceed $45,000,000.00 from the federal funding allocated under subsection (1) for credit recovery programs that are offered as part of COVID-19 remediation services under this section.

(c) An amount not to exceed $17,400,000.00 from the federal funding allocated under subsection (1) for before-school, after-school, or before-and-after school programs that are offered as part of COVID-19 remediation services under this section.

(d) An amount not to exceed $10,000,000.00 from the state school aid fund money allocated under subsection (1) for additional payments for summer programs and credit recovery programs that are offered as part of COVID-19 remediation services under this section that the department's innovation council designates as innovative under subsection (11).

(3) Except as otherwise provided in this subsection, to receive funding under this section, a district or intermediate district must apply for the funding in a form and manner prescribed by the department. An application for funding under this section must be submitted to the department by not later than April 15, 2021.

(4) A district or intermediate district that meets all of the following is an eligible district or eligible intermediate district under this section:

(a) In its application for funding under this section, the district or intermediate district pledges to provide COVID-19 remediation services to eligible pupils.

(b) In its application for funding under this section, the district or intermediate district includes a COVID-19 remediation services plan. A plan described in this subdivision must include at least all of the following, as applicable:

(i) For COVID-19 remediation services that include a summer program, all of the following:

(A) A description of the summer program.

(B) The number of potential eligible pupils that will enroll or the number of eligible pupils enrolled in the summer program.

(D) A statement indicating whether or not the district or intermediate district is requesting that the summer program be designated as innovative under subsection (11) and the reasons the district or intermediate district believes its program is innovative.

(ii) For COVID-19 remediation services that include a credit recovery program, all of the following:

(A) A description of the credit recovery program.

(B) The number of potential eligible pupils that will enroll or the number of eligible pupils enrolled in the credit recovery program.

(D) A statement indicating whether or not the district or intermediate district is requesting that the credit recovery program be designated as innovative under subsection (11) and the reasons the district or intermediate district believes its program is innovative.

(iii) For COVID-19 remediation services that include a before-school, after-school, or before-and-after school program, all of the following:

(A) A description of the before-school, after-school, or before-and-after school program.

(B) The number of potential pupils that will enroll or the number of eligible pupils enrolled in the before-school, after-school, or before-and-after school program.

(C) An estimate of costs for the preparation and implementation of the before-school, after-school, or before-and-after school program.

(D) Assurance that the before-school, after-school, or before-and-after school program is designed to emphasize remediation for eligible pupils.

(c) In its application for funding under this section, the district or intermediate district provides information concerning whether or not the district or intermediate district intends to contract for services as described in subsection (6)(a) in providing a summer program, credit recovery program, or before-school, after-school, or before-and-after school program as part of its COVID-19 remediation services under this section.

(5) Subject to subsections (2) and (7), from the funding allocated under subsection (1), the department shall pay each eligible district and each eligible intermediate district all of the following, as applicable:

(a) An amount equal to $550.00 for each eligible pupil that, based on the application for funding under this section, will be enrolled or is enrolled in the eligible district's or eligible intermediate district's summer program, as applicable, offered as part of the eligible district's or eligible intermediate district's COVID-19 remediation services under this section.

(b) An amount equal to $550.00 for each eligible pupil that, based on the application for funding under this section, will be enrolled or is enrolled in the eligible district's or eligible intermediate district's credit recovery program, as applicable, offered as part of the eligible district's or eligible intermediate district's COVID-19 remediation services under this section.

(c) An amount not to exceed $25,000.00 to each eligible district or eligible intermediate district for its before-school, after-school, or before-and-after school program offered as part of its COVID-19 remediation services under this section.

(d) In addition to the amounts distributed under subdivisions (a) and (b), an amount not to exceed $100.00 for each eligible pupil who, based on the application for funding under this section, will be enrolled or is enrolled in the eligible district's or eligible intermediate district's summer program or credit recovery program, as applicable, if the program or programs have been designated as innovative under subsection (11).

(6) An eligible district or eligible intermediate district that receives funding under this section shall only use that funding to provide COVID-19 remediation services to eligible pupils. Both of the following apply for purposes of this subsection:

(a) An eligible district or eligible intermediate district may contract with public or private entities, other districts or intermediate districts, or a consortium of other districts or intermediate districts to provide COVID-19 remediation services under this section.

(b) An eligible intermediate district may provide its COVID-19 remediation services to its constituent districts to provide to eligible pupils.

(7) If funds allocated under this section for summer programs that are offered as part of COVID-19 remediation services under this section are insufficient to fully fund calculations under this section, the department shall apply proration of an equal dollar amount per eligible pupil in a summer program. If funds allocated under this section for credit recovery programs that are offered as part of COVID-19 remediation services under this section are insufficient to fully fund calculations under this section, the department shall apply proration of an equal dollar amount per eligible pupil in a credit recovery program. If funds allocated under this section for before-school, after-school, or before-and-after school programs that are offered as part of COVID-19 remediation services under this section are insufficient to fully fund calculations under this section, the department shall apply proration in equal proportion to the amount the eligible district or eligible intermediate district would have received under this section for that program but for the application of proration under this subsection. If funds specifically allocated under this section for summer programs and credit recovery programs that are offered as part of COVID-19 remediation services under this section that have been designated as innovative under subsection (11) are insufficient to fully fund calculations under this section, the department shall apply proration of an equal dollar amount per eligible pupil in the program or programs described in this sentence.

(8) In awarding funding under this section, the department shall prioritize funding under this section that is distributed for before-school, after-school, and before-and-after school programs offered as part of COVID-19 remediation services under this section to the following eligible districts or eligible intermediate districts that offer those programs as part of their COVID-19 remediation services:

(a) Eligible districts or eligible intermediate districts with the highest number of eligible pupils who, based on the application for funding under this section, will enroll or are enrolled in the program.

(b) Eligible districts or eligible intermediate districts with the largest size program.

(9) A before-school, after-school, or before-and-after school program that is offered as part of COVID-19 remediation services under this section must be provided to eligible pupils in a manner in which the eligible pupils are in person at a school building designated by the eligible district or eligible intermediate district providing the program. A before-school, after-school, or before-and-after school program that is offered as part of COVID-19 remediation services under this section must provide educational programming in core subject areas, including, but not limited to, mathematics, reading, and science. As used in this subsection, "in person" means physically present.

(10) If, in its application for funding under this section, an eligible district or eligible intermediate district submits the potential number of eligible pupils that will enroll in its summer program as described in subsection (4)(b)(i), potential number of eligible pupils that will enroll in its credit recovery program as described in subsection (4)(b)(ii), or potential number of eligible pupils that will enroll in its before-school, after-school, or before-and-after school program as described in subsection (4)(b)(iii), as applicable, and the eligible district or eligible intermediate district receives funding under this section based on those estimations, by June 15, 2021, the eligible district or eligible intermediate district shall submit the number of pupils who actually enrolled in the eligible district's or eligible intermediate district's summer program, credit recovery program, or before-school, after-school, or before-and-after school program. If the eligible district or eligible intermediate district received an overpayment of funds under this section based on its submitted estimates of eligible pupils as described in this subsection, as determined by the department, the eligible district or eligible intermediate district shall refund the department in the amount of the overpayment.

(11) For purposes of determining which eligible districts and eligible intermediate districts will receive additional payments as described in subsection (5)(d), the department's innovation council shall, based on applications submitted under this section, designate summer programs and credit recovery programs that are offered as part of COVID-19 remediation services under this section that, in their applications for funding under this section, request innovative designation as innovative if it determines those programs are innovative. A program that is designated as innovative under this subsection may include, without limitation, 1 or more of the following:

(a) Community-based projects.

(b) Integrated kinesthetic or cognitive growth programs.

(d) Outdoor or adventure-based programs.

(e) Any programs that integrate public and private partnerships.

(12) Notwithstanding section 17b and except as otherwise provided in this subsection, the department shall make payments under this section on a schedule determined by the department. The department shall distribute all funding under this section by not later than May 20, 2021.

(13) As used in this section:

(a) "Constituent district" means a district that is located in the geographic boundaries of the intermediate district.

(b) "COVID-19 remediation services" means any of the following:

(i) A summer program.

(ii) A credit recovery program.

(iii) A before-school, after-school, or before-and-after school program.

(i) Is offered to each eligible pupil described in subdivision (d)(ii) who was enrolled in any of grades 9 to 12 in the 2020-2021 school year.

(ii) Is a program that is designed to provide educational remediation to pupils.

(iii) Is offered in person, online, digitally, by other remote means, in a synchronous or asynchronous format, or through any combination of these.

(iv) Is a program that was developed based on the input of teachers and that is teacher-led.

(d) "Eligible pupil" means a child to whom the following apply, as applicable:

(i) For participation in a summer program offered as part of COVID-19 remediation services under this section, both of the following apply:

(A) Any of the following apply:

(I) If an eligible district that is not a public school academy is providing the COVID-19 remediation services, the child resides within the geographic boundaries of the district.

(II) If an eligible district that is a public school academy is providing the COVID-19 remediation services, the child resides within the geographic boundaries of the intermediate district in which the district is located.

(III) If an eligible intermediate district is providing the COVID-19 remediation services, the child resides within the geographic boundaries of the intermediate district.

(IV) The child was enrolled, for the 2020-2021 school year, in the eligible district, eligible intermediate district, or a constituent district of the eligible intermediate district that provides the summer program to the child under this section.

(B) The eligible district or eligible intermediate district providing the summer program under this section has determined that the child is eligible for enrollment in the eligible district's or eligible intermediate district's summer program. An eligible district or eligible intermediate district is encouraged to base the determination described in this sub-subparagraph on benchmark assessment data from the benchmark assessment or benchmark assessments administered to the child under section 104, as applicable.

(ii) For participation in a credit recovery program offered as part of COVID-19 remediation services under this section, both of the following apply:

(A) In the 2020-2021 school year, the child was enrolled in the eligible district, eligible intermediate district, or a constituent district of the eligible intermediate district that provides the credit recovery program to the child under this section.

(B) Any of the following apply:

(I) The child has failed 1 or more credits or courses in the 2020-2021 school year.

(II) The child is not on track to graduate from high school, as determined by the eligible district, eligible intermediate district, or constituent district of the eligible intermediate district in which the child was enrolled as described in sub-subparagraph (A).

(III) The eligible district, eligible intermediate district, or constituent district of the eligible intermediate district in which the child was enrolled as described in sub-subparagraph (A) has determined that the child is eligible for enrollment in the eligible district's or eligible intermediate district's credit recovery program.

(iii) For participation in a before-school, after-school, or before-and-after school program offered as part of COVID-19 remediation services under this section, both of the following apply:

(A) In the 2020-2021 school year, the child was enrolled in any of grades K to 12 in the eligible district, eligible intermediate district, or a constituent district of the eligible intermediate district that provides the before-school, after-school, or before-and-after school program to the child under this section.

(B) The eligible district, eligible intermediate district, or constituent district of the eligible intermediate district in which the child was enrolled as described in sub-subparagraph (A) has determined that the child is eligible for enrollment in the eligible district's or eligible intermediate district's before-school, after-school, or before-and-after school program.

(e) "Summer program" means an educational program that meets at least all of the following:

(i) Is offered to each eligible pupil described in subdivision (d)(i) who was enrolled in any of grades K to 8 in the 2020-2021 school year.

(ii) Is offered at any point after June 1, 2021 and before September 1, 2021.

(iii) Is an 8-week program. As used in this subparagraph, "week" means a period beginning on Monday and ending on the following Friday.

(iv) Is provided to eligible pupils described in subdivision (d)(i) in a manner in which the eligible pupils are in person at a school building designated by the eligible district or eligible intermediate district providing the program. As used in this subparagraph, "in person" means physically present.

(v) Is a program that was developed based on the input of teachers and that is teacher-led.

(vi) Includes programming in core subject areas, including, but not limited to, mathematics, reading, and science.

Sec. 23d. (1) From the federal funds allocated under section 11n from the federal funding awarded to this state from the governor's emergency education relief (GEER) fund under the coronavirus response and relief supplemental appropriations act, 2021, division M of Public Law 116-260, there is allocated for 2020-2021 an amount not to exceed $10,000,000.00 for the purposes of this section. The department shall establish a grant program to distribute this funding to eligible parents and eligible legal guardians described in subsection (3).

(2) Except as otherwise provided in this subsection, to receive funding under this section, an eligible parent or eligible legal guardian must apply for the funding in a form and manner prescribed by the department. An application for funding under this section must be submitted to the department by not later than September 1, 2021.

(3) A parent or legal guardian to whom all of the following apply is an eligible parent or eligible legal guardian under this section:

(a) The child of the parent or legal guardian is enrolled in summer programming in 2021.

(b) The child described in subdivision (a) is at least age 5 but not older than age 18.

(c) In his or her application for funding under this section, the parent or legal guardian provides proof that the child described in subdivision (a) is enrolled in summer programming. As used in this subdivision, "proof" means sufficient documentation as determined by the department.

(d) If the parent or legal guardian is seeking reimbursement for expenses incurred in relation to providing summer programming for his or her child as described in subdivision (a), in his or her application for funding under this section, the parent or legal guardian describes those expenses.

(4) From the funding allocated under subsection (1), the department shall provide payments to each eligible parent or eligible legal guardian as follows:

(a) An amount equal to $50.00 for each child enrolled in summer programming as described in subsection (3)(a).

(b) An amount equal to the cost of the expenses submitted in the application for funding under this section as described in subsection (3)(d), but not exceeding $200.00, for each child for whom the eligible parent or eligible legal guardian has incurred expenses.

(5) The department shall make all payments to an eligible parent or eligible legal guardian under this section by not later than 29 days after an application for funding under this section is received.

(6) If funds allocated under this section are insufficient to fully fund payments under this section, the department shall apply proration in equal proportion to the amount the eligible parent or eligible legal guardian would have received under this section but for the application of proration under this subsection.

(7) As used in this section, "summer programming" means an educational enrichment program, including, but not limited to, a summer program or credit recovery program offered as part of COVID-19 remediation services under section 23b, a program that incorporates extracurricular activities, or any other educational program that is provided in person, online, digitally, by other remote means, in a synchronous or asynchronous format, or through any combination of these.

Sec. 25i. (1) From the general fund money appropriated in section 11, there is allocated for 2020-2021 an amount not to exceed $2,000,000.00 and from the federal funds allocated under section 11n, there is allocated for 2020-2021 an amount not to exceed $4,000,000.00 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2, for an eligible attendance recovery program as described in subsection (3). The funds allocated under this section must be used to administer an eligible attendance recovery program for all districts that opt into the program to serve eligible pupils described in subsection (2).

(2) A pupil who meets any of the following and who is enrolled in a district that opts into the attendance recovery program funded under this section is an eligible pupil under this section:

(a) The pupil did not engage in the district's remote continuous education offerings in spring 2020.

(b) The pupil needs intervention based on his or her absences or consistent disengagement in classes.

(d) The pupil is eligible under the McKinney-Vento homelessness assistance act, Public Law 100-77, or is in foster care.

(e) The pupil's family requires financial or social support.

(f) The pupil has disengaged in his or her education, is attending school irregularly, or is not progressing in his or her coursework.

(3) An attendance recovery program that meets all of the following is an eligible attendance recovery program under this section:

(a) Reflects experience and successful outcomes running statewide student recovery programs.

(b) Has, at a minimum, 2 years of experience working with this state's local education agencies.

(c) Has multimodal contact capabilities that include, but are not limited to, a call center, electronic mail, email, text, social-media matching, and public service announcements.

(d) Reflects experience in assisting at-risk students in overcoming learning barriers in a remote or online learning environment.

(e) Has the ability to scale to provide outreach to at least 20,000 students before the end of 2020.

(4) The department shall choose and designate the provider of the eligible attendance recovery program under this section by not later than November 1, 2020. The provider chosen and designated by the department under this subsection must do all of the following:

(a) Work with the department to notify districts about the program and provide technical assistance to districts interested in opting in.

(b) Work with each district to obtain contact information for each eligible pupil.

(c) Provide outreach using differentiated treatment strategies to pupils and families using multiple modalities that may include phone, text, social media, electronic mail, email, and traditional mail, to find and engage eligible pupils.

(d) Implement a culturally and linguistically responsive outreach and support plan. Elements of the plan must include differentiated outreach and ongoing coaching strategies to families to ensure cultural and linguistic relevance.

(e) Use information about barriers to engagement gathered from pupils and families to assign eligible pupils to an ongoing support level. Ongoing support levels described in this subdivision must include a minimum of 3 support tiers following the general design of response to intervention (RTI) models.

(f) For eligible pupils and their families, provide a coach to deliver interventions in accordance with the pupil's needs and the framework of his or her assigned ongoing support level.

(g) Report weekly to each district that has opted into the program and to the department with metrics agreed upon by the provider and the department.

(5) Notwithstanding section 17b, the department shall make payments under this section by not later than December 1, 2020.September 30, 2021.

Sec. 31a. (1) From the state school aid fund money appropriated in section 11, there is allocated for 2020-2021 an amount not to exceed $535,150,000.00, and from the federal money allocated under section 11n, there is allocated an amount not to exceed $20,000,000.00 from the federal funding awarded to this state from the coronavirus state fiscal recovery fund under the American rescue plan act of 2021, title IX, subtitle M of Public Law 117-2, 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 section 20 that is greater than the target foundation allowance under section 20 for the current fiscal year and that, for the immediately preceding fiscal year, had combined state and local revenue per membership pupil under section 20 that was greater than the target foundation allowance under section 20 that was in effect for that fiscal year, the allocation under this section is an amount equal to 30% of the allocation for which it would otherwise be eligible under this section before any proration under subsection (14). It is the intent of the legislature that, if revenues are sufficient and if districts with combined state and local revenue per membership pupil under section 20 that is below the target foundation allowance are receiving nonprorated payments under this section, the percentage in the immediately preceding sentence must be increased annually until it reaches 100%. If a district has combined state and local revenue per membership pupil under section 20 that is greater than the target foundation allowance under section 20 for the current fiscal year, but for the 2018-2019 fiscal year had combined state and local revenue per membership pupil under section 20 that was less than the basic foundation allowance under section 20 that was in effect for the 2018-2019 fiscal year, the district shall receive an amount per pupil equal to 11.5% of the statewide weighted average foundation allowance, as applied under subsection (4), and before any proration under subsection (14).

(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), the district or public school academy, for grades K to 12, must 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.

(d) A comprehensive screening and assessment system.

(e) Continuous data-based decision making.

(4) From the funds state school aid fund money allocated under subsection (1), there is allocated for 2020-2021 an amount not to exceed $510,000,000.00 to continue a weighted foundation per pupil payment for districts and public school academies enrolling economically disadvantaged pupils. The department shall pay under this section to each eligible district or eligible public school academy an amount per pupil equal to 11.5% of the statewide weighted average foundation allowance for the following, as applicable:

(a) Except as otherwise provided under subdivision (b), (c), or (d) the greater of the following:

(i) The number of membership pupils in the district or public school academy who are 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.

(ii) If the district or public school academy is in the community eligibility program, the number of pupils determined to be eligible based on the product of the identified student percentage multiplied by the total number of pupils in the district or public school academy, 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. These calculations must be made at the building level. This subparagraph only applies to an eligible district or eligible public school academy for the fiscal year immediately following the first fiscal year in which it is in the community eligibility program. As used in this subparagraph, "identified student percentage" means the quotient of the number of pupils in an eligible district or eligible public school academy who are determined to be economically disadvantaged, as reported to the center in a form and manner prescribed by the center, not later than the fifth Wednesday after the pupil membership count day in the fiscal year preceding the first fiscal year in which the eligible district or eligible public school academy is in the community eligibility program, divided by the total number of pupils counted in an eligible district or eligible public school academy on the pupil membership count day in the fiscal year preceding the first fiscal year in which the eligible district or eligible public school academy is in the community eligibility program.

(b) If the district or public school academy began operations as a district or public school academy after the pupil membership count day of the immediately preceding school year, the number of membership pupils in the district or public school academy who are 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.

(c) If the district or public school academy began operations as a district or public school academy after the pupil membership count day of the current fiscal year, the number of membership pupils in the district or public school academy who are 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 supplemental count day of the current fiscal year.

(d) If, for a particular fiscal year, the number of membership pupils in a district or public school academy who are determined under subdivision (a) to be economically disadvantaged or to be eligible based on the identified student percentage varies by more than 20 percentage points from the number of those pupils in the district or public school academy as calculated under subdivision (a) for the immediately preceding fiscal year caused by an egregious reporting error by the district or public school academy, the department may choose to have the calculations under subdivision (a) instead be made using the number of membership pupils in the district or public school academy who are 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 supplemental count day of the immediately preceding fiscal year.

(5) Except as otherwise provided in this section, a district or public school academy receiving funding under this section 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). 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), may use not more than 20% of the funds it receives under this section 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 may be conducted before or after regular school hours or by adding extra school days to the school year.

(6) A district or public school academy that receives funds under this section 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 an amount, not to exceed $10.00 per pupil for whom the district or public school academy receives funds under this section, necessary to pay for costs associated with the operation of the school breakfast program.

(7) From the funds state school aid fund money allocated under subsection (1), there is allocated for 2020-2021 an amount not to exceed $8,000,000.00, and from the federal funds allocated under subsection (1), there is allocated for 2020-2021 an amount not to exceed $20,000,000.00, to support primary health care services provided to children and adolescents up to age 21. These funds must 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 must be used that fiscal year to avoid or minimize any proration that would otherwise be required under subsection (14) for that fiscal year.

(8) From the funds state school aid fund money allocated under subsection (1), there is allocated for 2020-2021 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 must 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 must be awarded in a form and manner approved jointly by the department and the department of health and human services. Notwithstanding section 17b, the department shall make payments to eligible entities under this subsection on a schedule determined by the department.

(9) 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, 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, the amount of funds under this section 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 on any activities that are permissible under this section. 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 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 fiscal year, the withheld funds are forfeited to the school aid fund.

(10) In order to receive funds under this section, a district or public school academy must 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.

(11) Subject to subsections (6), (7), and (8), 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 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 this subsection, "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 pupils.

(12) A district or public school academy that receives funds under this section may use up to 7.5% 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) 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), with fidelity.

(13) A district or public school academy that receives funds under this section may use funds received under this section to support instructional or behavioral coaches. Funds used for this purpose are not subject to the cap under subsection (12).

(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 (16), by reducing the amount of the allocation as otherwise calculated under this section by an equal percentage per district.

(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 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 within 60 days after the district is declared dissolved.

(16) From the funds state school aid fund money allocated under subsection (1), there is allocated for 2020-2021 an amount not to exceed $12,000,000.00 for payments to districts and public school academies that otherwise received an allocation under this subsection for 2019-2020 and whose allocation under this section for 2019-2020, excluding any payments under subsection (7) or (8), would have been more than the district's or public school academy's allocation under this section for 2020-2021 as calculated under subsection (4) only and as adjusted under subsection (14). The allocation for each district or public school academy under this subsection is an amount equal to its allocation under this section for 2019-2020 minus its allocation as otherwise calculated under subsection (4) for 2020-2021, as adjusted by subsection (14), using in those calculations the 2017-2018 number of pupils determined to be economically disadvantaged. However, if the allocation as otherwise calculated under this subsection would have been less than $0.00, the allocation under this subsection is $0.00. 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. Any unexpended funds under this subsection are to be distributed through payments made under subsection (4) as provided under subsection (4), but those funds must not be factored into calculating payments under this subsection.

(17) A district or public school academy that receives funds under this section may use funds received under this section to provide an anti-bullying or crisis intervention program.

(18) 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.

(19) 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, not to exceed the target foundation allowance for the current fiscal year, 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.

Sec. 201d. In addition to the funds appropriated in section 201, the following are appropriated for the fiscal year ending September 30, 2021 from the federal funding awarded to this state from the elementary and secondary school emergency relief (ESSER) fund under the American rescue plan act of 2021, title II, subtitle A, part 1 of Public Law 117-2:

(a) An amount not to exceed $1,000,000.00, allocated to Grand Rapids Community College for the FastTrack program.

(b) An amount not to exceed $5,000,000.00 for postsecondary remediation programs providing no-cost remediation to individuals who graduated from high school in 2020 and 2021 prior to the start of the fall 2021 academic semester. The amount appropriated under this subdivision is allocated based on the proportion of total headcount as reported in the 2019-20 Michigan Community College Data Inventory Report, as follows:

(i) Alpena Community College, $42,800.00.

(ii) Bay de Noc Community College, $66,800.00.

(iii) Delta College, $183,700.00.

(iv) Glen Oaks Community College, $28,100.00.

(v) Gogebic Community College, $20,500.00.

(vi) Grand Rapids Community College, $0.00.

(vii) Henry Ford College, $294,500.00.

(viii) Jackson College, $134,300.00.

(ix) Kalamazoo Valley Community College, $192,100.00.

(x) Kellogg Community College, $137,700.00.

(xi) Kirtland Community College, $40,400.00.

(xii) Lake Michigan College, $58,000.00.

(xiii) Lansing Community College, $350,600.00.

(xiv) Macomb Community College, $548,700.00.

(xv) Mid Michigan College, $81,500.00.

(xvi) Monroe County Community College, $81,000.00.

(xvii) Montcalm Community College, $46,300.00.

(xviii) Mott Community College, $163,800.00.

(xix) Muskegon Community College, $100,800.00.

(xx) North Central Michigan College, $58,800.00.

(xxi) Northwestern Michigan College, $152,400.00.

(xxii) Oakland Community College, $486,800.00.

(xxiii) Schoolcraft College, $410,000.00.

(xxiv) Southwestern Michigan College, $44,000.00.

(xxv) St. Clair County Community College, $80,000.00.

(xxvi) Washtenaw Community College, $388,900.00.

(xxvii) Wayne County Community College, $781,000.00.

(xxviii) West Shore Community College, $26,500.00.

Enacting section 1. (1) In accordance with section 30 of article IX of the state constitution of 1963, total state spending on school aid under article I of the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, as amended by 2020 PA 165, 2021 PA 3, and this amendatory act, from state sources for fiscal year 2020-2021 is estimated at $13,888,484,200.00 and state appropriations for school aid to be paid to local units of government for fiscal year 2020-2021 are estimated at $13,716,487,100.00.

(2) In accordance with section 30 of article IX of the state constitution of 1963, total state spending on school aid under article II of the state school aid act of 1979, 1979 PA 94, MCL 388.1801 to 388.1830, as amended by 2020 PA 165 and this amendatory act, from state sources for fiscal year 2020-2021 is estimated at $425,667,600.00 and state appropriations for school aid to be paid to local units of government for fiscal year 2020-2021 are estimated at $425,667,600.00.

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Bill Text: MI HB4421 | 2021-2022 | 101st Legislature | Engrossed

Michigan House Bill 4421 (Prior Session Legislation)

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