Bill Text: MI HB4438 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Appropriations; education; department of education; provide for fiscal year 2009-2010. Creates appropriation act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-13 - Assigned Pa 115'09 With Immediate Effect [HB4438 Detail]
Download: Michigan-2009-HB4438-Introduced.html
HOUSE BILL No. 4438
EXECUTIVE BUDGET BILL
February 24, 2009, Introduced by Rep. Terry Brown and referred to the Committee on Appropriations.
A bill to make appropriations for the department of education
and certain other purposes relating to education for the fiscal
year ending September 30, 2010; to provide for the expenditure of
the appropriations; to prescribe the powers and duties of certain
state departments, school districts, and other governmental bodies;
and to provide for the disposition of fees and other income
received by certain legal entities and state agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this bill,
the amounts listed in this part are appropriated for the department
of education for the fiscal year ending September 30, 2010, from
the funds indicated in this part. The following is a summary of the
appropriations in this part:
DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY:
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 552.5
GROSS APPROPRIATION.................................... $ 119,964,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 119,964,000
Federal revenues:
Federal revenues....................................... 68,322,300
Federal indirect funds................................. 2,550,500
IMLS: library services and technology act.............. 5,557,400
Total federal revenues................................. 76,430,200
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 6,698,500
Local school district service fees..................... 310,200
Total local revenues................................... 7,008,700
Gifts, bequests, and donations......................... 650,600
Private foundations.................................... 2,445,900
Total private revenues................................. 3,096,500
Total local and private revenues....................... 10,105,200
Certification fees..................................... 5,755,700
Commodity distribution fees............................ 71,700
Student insurance revenues............................. 218,600
Teacher college review fees............................ 54,000
Teacher testing fees................................... 527,900
Tenant rent............................................ 261,000
Training and orientation workshop fees................. 150,000
Total other state restricted revenues.................. 7,038,900
State general fund/general purpose..................... $ 26,389,700
Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE
SUPERINTENDENT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 15.0
State board of education, per diem payments............ $ 24,400
Unclassified positions--6.0 FTE positions.............. 515,600
State board/superintendent operations--15.0 FTE
positions............................................ 2,718,900
GROSS APPROPRIATION.................................... $ 3,258,900
Appropriated from:
Federal revenues:
Federal revenues....................................... 610,600
Special revenue funds:
Private foundations.................................... 27,000
Certification fees..................................... 611,400
State general fund/general purpose..................... $ 2,009,900
Sec. 103. CENTRAL SUPPORT
Full-time equated classified positions........... 21.6
Central support--21.6 FTE positions.................... $ 3,925,000
Worker's compensation.................................. 43,900
Building occupancy charges - property management
services............................................. 2,902,800
Tenant rent............................................ 261,000
Training and orientation workshops..................... 150,000
Terminal leave payments................................ 554,700
GROSS APPROPRIATION.................................... $ 7,837,400
Appropriated from:
Federal revenues:
Federal revenues....................................... 2,493,400
Federal indirect funds................................. 1,956,200
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 68,400
Certification fees..................................... 398,900
Teacher testing fees................................... 13,200
Tenant rent............................................ 261,000
Training and orientation workshop fees................. 150,000
State general fund/general purpose..................... $ 2,496,300
Sec. 104. INFORMATION TECHNOLOGY SERVICES
Information technology operations...................... $ 3,763,600
GROSS APPROPRIATION.................................... $ 3,763,600
Appropriated from:
Federal revenues:
Federal revenues....................................... 1,696,500
Federal indirect funds................................. 223,300
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 146,600
Certification fees..................................... 226,900
State general fund/general purpose..................... $ 1,470,300
Sec. 105. SPECIAL EDUCATION SERVICES
Full-time equated classified positions........... 47.0
Special education operations--47.0 FTE positions....... $ 11,553,800
GROSS APPROPRIATION.................................... $ 11,553,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 11,097,400
Special revenue funds:
Private foundations.................................... 105,700
Certification fees..................................... 38,700
State general fund/general purpose..................... $ 312,000
Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Full-time equated classified positions.......... 109.0
Michigan schools for the deaf and blind operations--
108.0 FTE positions.................................. $ 13,081,100
Camp Tuhsmeheta--1.0 FTE position...................... 295,100
Private gifts - blind.................................. 90,000
Private gifts - deaf................................... 250,000
GROSS APPROPRIATION.................................... $ 13,716,200
Appropriated from:
Federal revenues:
Federal revenues....................................... 6,064,400
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 6,483,500
Local school district service fees..................... 299,100
Gifts, bequests, and donations......................... 650,600
Student insurance revenue.............................. 218,600
State general fund/general purpose..................... $ 0
Sec. 107. PROFESSIONAL PREPARATION SERVICES
Full-time equated classified positions........... 30.5
Professional preparation operations--30.5 FTE
positions............................................ $ 6,708,800
Department of attorney general......................... 50,000
GROSS APPROPRIATION.................................... $ 6,758,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 2,797,800
Special revenue funds:
Certification fees..................................... 3,392,300
Teacher college review fees............................ 54,000
Teacher testing fees................................... 514,700
State general fund/general purpose..................... $ 0
Sec. 108. EARLY CHILDHOOD EDUCATION AND FAMILY
SERVICES
Full-time equated classified positions........... 26.0
Early childhood education and family services
operations--26.0 FTE positions....................... $ 4,498,800
GROSS APPROPRIATION.................................... $ 4,498,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,310,200
Special revenue funds:
Private foundations.................................... 193,600
Certification fees..................................... 59,200
State general fund/general purpose..................... $ 935,800
Sec. 109. SCHOOL IMPROVEMENT SERVICES
Full-time equated classified positions........... 81.0
School improvement operations--81.0 FTE positions...... $ 18,169,000
Subject area content expectations and guidelines....... 80,000
GROSS APPROPRIATION.................................... $ 18,249,000
Appropriated from:
Federal revenues:
Federal revenues....................................... 16,077,400
Special revenue funds:
Private foundations.................................... 1,119,600
Certification fees..................................... 536,900
State general fund/general purpose..................... $ 515,100
Sec. 110. SCHOOL FINANCE AND SCHOOL LAW SERVICES
Full-time equated classified positions........... 16.5
School finance and school law operations--16.5 FTE
positions............................................ $ 2,890,300
GROSS APPROPRIATION.................................... $ 2,890,300
Appropriated from:
Federal revenues:
Federal revenues....................................... 938,900
Federal indirect funds................................. 371,000
Special revenue funds:
Certification fees..................................... 491,400
State general fund/general purpose..................... $ 1,089,000
Sec. 111. EDUCATION ASSESSMENT AND ACCOUNTABILITY
Full-time equated classified positions........... 45.6
Educational assessment operations--45.6 FTE positions.. $ 9,452,400
GROSS APPROPRIATION.................................... $ 9,452,400
Appropriated from:
Federal revenues:
Federal revenues....................................... 9,452,400
Special revenue funds:
State general fund/general purpose..................... $ 0
Sec. 112. GRANTS ADMINISTRATION AND SCHOOL SUPPORT
SERVICES
Full-time equated classified positions........... 63.3
Grants administration and school support services
operations--63.3 FTE positions....................... $ 8,979,400
Federal and private grants............................. 3,000,000
GROSS APPROPRIATION.................................... $ 11,979,400
Appropriated from:
Federal revenues:
Federal revenues....................................... 10,460,500
Special revenue funds:
Local school district service fees..................... 11,100
Private foundations.................................... 1,000,000
Commodity distribution fees............................ 71,700
State general fund/general purpose..................... $ 436,100
Sec. 113. CAREER AND TECHNICAL EDUCATION
Full-time equated classified positions........... 25.0
Career and technical education operations--25.0 FTE
positions............................................ $ 4,024,800
GROSS APPROPRIATION.................................... $ 4,024,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,322,800
Special revenue funds:
State general fund/general purpose..................... $ 702,000
Sec. 114. LIBRARY OF MICHIGAN
Full-time equated classified positions........... 72.0
Library of Michigan operations--70.0 FTE positions..... 5,918,200
Library services and technology program--2.0 FTE
positions............................................ 5,557,400
State aid to libraries................................. 10,000,000
Subregional state aid.................................. 505,000
GROSS APPROPRIATION.................................... $ 21,980,600
Appropriated from:
Federal revenues:
IMLS: library services and technology act.............. 5,557,400
Special revenue funds:
State general fund/general purpose..................... $ 16,423,200
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2009-2010 is $33,428,600.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2009-2010 is $10,505,000.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF EDUCATION
State aid to libraries................................. $ 10,000,000
Subregional state aid.................................. 505,000
Total department of education.......................... $ 10,505,000
Sec. 202. The appropriations authorized under this bill are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this bill:
(a) "Department" means the Michigan department of education.
(b) "District" means a local school district as defined in
section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a
public school academy as defined in section 5 of the revised school
code, 1976 PA 451, MCL 380.5.
(c) "FTE" means full-time equated.
(d) "IMLS" means institute of museum and library services.
Sec. 204. The civil service commission shall bill departments
and agencies at the end of the first fiscal quarter for the charges
authorized by section 5 of article XI of the state constitution of
1963. Payments shall be made for the total amount of the billing by
the end of the second fiscal quarter.
Sec. 205. The department shall use the Internet to fulfill the
reporting requirements of this bill. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 206. The department shall provide through the Internet
the state board of education agenda and all supporting documents,
and shall notify the state budget director and the senate and house
fiscal agencies that the agenda and supporting documents are
available on the Internet, at the time the agenda and supporting
documents are provided to state board of education members.
Sec. 207. (1) Upon receipt of the federal drug-free grant, the
department shall allocate $225,000.00 of the grant to the safe
school program within the department. The safe school program shall
work with local school boards, parents of enrolled students, law
enforcement agencies, community leaders, and the office of drug
control policy for the prevention of school violence. The safe
school program shall develop and implement, and serve as
coordinator of, a statewide clearinghouse for information, program
development, model programs and policies, and technical assistance
on school violence prevention.
(2) To accomplish its functions under this section, the safe
school program shall do all of the following:
(a) Coordinate with the office of drug control policy in the
department of community health to ensure that there is a meaningful
linkage between the efforts under this bill to provide safe schools
and the initiatives undertaken through that office, including, but
not limited to, school districts' safe and drug-free school plans,
and to facilitate timely applications for and distribution of
available grant money.
(b) Provide through the Internet the availability to access,
and provide through the Internet information regarding, the state
model policy on locker searches, the state model policy on firearm
safety and awareness, and any other state or local safety policies
that the office considers exemplary.
(c) Advance, promote, and encourage the awareness and use of
the state police anti-violence hotline.
Sec. 208. The department shall require all public school
districts to maintain complete records within the personnel file of
a teacher or school employee of any disciplinary actions taken by
the local school board against the teacher or employee for sexual
misconduct. The records shall not be destroyed or removed from the
teacher's or employee's personnel file except as required by a
court order.
Sec. 209. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of information technology for technology-
related services and projects. Such user fees shall be subject to
provisions of an interagency agreement between the departments and
agencies and the department of information technology.
Sec. 212. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 214. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2010 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the senate and house of representatives standing
committees on appropriations, the senate and house fiscal agencies,
and the state budget director. The report shall include the
following information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 217. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 219. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $5,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $700,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $250,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $3,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 221. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
STATE BOARD/OFFICE OF THE SUPERINTENDENT
Sec. 301. (1) The appropriations in part 1 may be used for per
diem payments to the state board for meetings at which a quorum is
present or for performing official business authorized by the state
board. The per diem payments shall be at a rate as follows:
(a) State board of education - president - $110.00 per day.
(b) State board of education - member other than president -
$100.00 per day.
(2) A state board of education member shall not be paid a per
diem for more than 30 days per year.
(3) The state board executive shall report to the public, the
senate and house fiscal agencies, and the state budget director the
previous quarter's expenses by fund source for members of the state
board of education.
Sec. 302. From the amount appropriated in part 1 to the state
board of education, not more than $35,000.00 shall be expended for
in-state travel and out-of-state travel directly related to the
duties of the state board of education.
MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Sec. 401. The employees at the Michigan schools for the deaf
and blind who work on a school year basis shall be considered
annual employees for purposes of service credits, retirement, and
insurance benefits.
Sec. 402. For each student enrolled at the Michigan schools
for the deaf and blind, the department shall assess the
intermediate school district of residence 100% of the cost of
operating the student's instructional program. The amount shall
exclude room and board related costs and the cost of weekend
transportation between the school and the student's home.
Sec. 404. (1) The department may assess rent or lease excess
property located on the campus of the Michigan schools for the deaf
and blind in Flint to private or publicly funded organizations.
(2) In addition to those funds appropriated in part 1, the
department may receive and expend additional funds from lease
agreements at the Michigan schools for the deaf and blind Flint
campus that have been negotiated with the approval of the
department of management and budget. These funds are appropriated
to the department for the operation, maintenance, and renovation
expenses associated with the leased space.
(3) From the unexpended balances of appropriations for the
schools for the deaf and blind operations, up to $250,000.00 of any
unexpended and unencumbered funds remaining on September 30, 2010
may be carried forward as a work project and expended for special
maintenance and repairs of facilities at the campus of the Michigan
schools for the deaf and blind in Flint. The work shall be carried
out by state employees, or by contract as necessary, at an
estimated cost of $250,000.00. The estimated completion date of the
work is September 30, 2011.
(4) From the tenant rent appropriation for Fay hall, up to
$100,000.00 of any unexpended and unencumbered funds remaining on
September 30, 2010 may be carried forward as a work project or as
restricted revenue and expended for special maintenance and repairs
of facilities at Fay hall. The work project may be performed by
state employees, or by contract when necessary, at an estimated
cost of $100,000.00. The estimated completion date of the work
project is September 30, 2011.
Sec. 405. The department may assist the department of
community health, other departments, and local school districts to
secure reimbursement for eligible services provided in Michigan
schools from the federal Medicaid program. The department may
submit reports of direct expenses related to this effort to the
department of community health for reimbursement.
Sec. 406. (1) The Michigan schools for the deaf and blind may
promote its residential program as a possible appropriate option
for children who are deaf or hard of hearing or who are blind or
visually impaired. The Michigan schools for the deaf and blind
shall distribute information detailing its services to all
intermediate school districts in the state.
(2) Upon knowledge of or recognition by an intermediate school
district that a child in the district is deaf or hard of hearing or
blind or visually impaired, the intermediate school district shall
provide to the parents of the child the literature distributed by
the Michigan schools for the deaf and blind to intermediate school
districts under subsection (1).
(3) Parents will continue to have a choice regarding the
educational placement of their deaf or hard of hearing children.
Sec. 407. Revenue received from gifts, bequests, and donations
that is unexpended at the end of the state fiscal year may be
carried over to the succeeding fiscal year and may not revert to
the general fund.
Professional preparation services
Sec. 501. From the funds appropriated in part 1 for
professional preparation services, the department shall maintain
the professional personnel register and certificate
revocation/felony conviction files.
Sec. 502. The department shall authorize teacher preparation
institutions to provide an alternative program by which up to 1/2
of the required student internship or student teaching credits may
be earned through substitute teaching. The department shall require
that teacher preparation institutions collaborate with school
districts to ensure that the quality of instruction provided to
student teachers is comparable to that required in a traditional
student teaching program.
Sec. 506. Revenue received from teacher testing fees that is
unexpended at the end of the state fiscal year may be carried over
to the succeeding fiscal year and may not revert to the general
fund.
OFFICE OF SCHOOL IMPROVEMENT
Sec. 601. From the amount appropriated in part 1 for the
office of school improvement, there is allocated $350,000.00 and
3.5 FTE positions to operate a charter school office to administer
charter school legislation and associated regulations, and to
coordinate the activities of the department relating to charter
schools.
Sec. 603. The funds appropriated in part 1 for subject area
content expectations and guidelines shall be used for the
development, approval, and implementation of subject area content
expectations and guidelines that apply to the credit requirements
of the Michigan merit standard, as required under section 1278b of
the revised school code, 1976 PA 451, MCL 380.1278b.
INFORMATION TECHNOLOGY
Sec. 701. The department shall work in collaboration with the
center for educational performance and information to support the
comprehensive educational information system and all data
collection and reporting efforts of the department.
LIBRARY OF MICHIGAN
Sec. 801. In addition to the funds appropriated in part 1, the
funds collected by the department for document reproduction and
services; conferences, workshops, and training classes; and the use
of specialized equipment, facilities, and software are appropriated
for all expenses necessary to provide the required services. These
funds are available for expenditure when they are received and may
be carried forward into the next succeeding fiscal year.
Sec. 802. In order to receive subregional state aid as
appropriated in part 1, a regional or subregional library's fiscal
agency must agree to maintain local funding support at the same
level in the current fiscal year as in the fiscal agency's
preceding fiscal year. If a reduction in expenditures equally
affects all agencies in a local unit of government that is the
regional or subregional library's fiscal agency, that reduction
shall not be interpreted as a reduction in local support and shall
not disqualify a regional or subregional library from receiving
state aid under part 1. If a reduction in income affects a library
cooperative or district library that is a regional or subregional
library's fiscal agency or a reduction in expenditures for the
regional or subregional library's fiscal agency, a reduction in
expenditures for the regional or subregional library shall not be
interpreted as a reduction in local support and shall not
disqualify a regional or subregional library from receiving state
aid under part 1.
Sec. 803. The funds appropriated in part 1 for a regional or
subregional library shall not be released until a budget for that
regional or subregional library has been approved by the department
for expenditures for library services directly serving the blind
and persons with disabilities.
GRANTS ADMINISTRATION AND SCHOOL SUPPORT SERVICES
Sec. 901. Within 10 days of the receipt of a grant
appropriated in the federal and private grants line item in part 1,
the department shall notify the house and senate chairpersons of
the appropriations subcommittees responsible for the department
budget, the house and senate fiscal agencies, and the state budget
director of the receipt of the grant, including the funding source,
purpose, and amount of the grant.
