Bill Text: MI HB4546 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Education; dual enrollment; certain dual enrollment eligibility requirements in career and technical preparation act; modify. Amends secs. 3 & 4 of 2000 PA 258 (MCL 388.1903 & 388.1904).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2020-07-21 - Assigned Pa 130'20 With Immediate Effect [HB4546 Detail]
Download: Michigan-2019-HB4546-Introduced.html
HOUSE BILL No. 4546
May 2, 2019, Introduced by Reps. Kahle, Howell and Frederick and referred to the Committee on Education.
A bill to amend 2000 PA 258, entitled
"Career and technical preparation act,"
by amending sections 3 and 4 (MCL 388.1903 and 388.1904), section 3
as amended by 2012 PA 132 and section 4 as amended by 2012 PA 133.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) As used in this act:
(a) "Career and technical preparation program" means a program
that teaches a trade, occupation, or vocation and that is operated
by an eligible postsecondary educational institution located in
this state.
(b) "Community college" means a community college established
under the community college act of 1966, 1966 PA 331, MCL 389.1 to
389.195, or under part 25 of the revised school code, 1976 PA 451,
MCL 380.1601 to 380.1607, or a federal tribally controlled
community college located in this state that is recognized under
the tribally controlled colleges and universities assistance act of
1978,
25 USC 1801 to 1852, 1864,
and is determined by the
department to meet the requirements for accreditation by a
recognized regional accrediting body.
(c) "Department" means the department of education.
(d) "Eligible charges" means tuition and mandatory course
fees, material fees, and registration fees required by a career and
technical preparation program for enrollment in an eligible course.
Eligible charges also include any late fees charged by a career and
technical preparation program due to the school district's or
department of treasury's failure to make a required payment
according to the timetable prescribed under this act. Eligible
charges do not include transportation or parking costs or activity
fees.
(e) "Eligible course" means a course offered by a career and
technical preparation program that is offered for postsecondary
credit or is part of a noncredit occupational training program
leading to an industry-recognized credential; that is not offered
through the school district, intermediate school district, area
vocational-technical education program, or state approved nonpublic
school in which the eligible student is enrolled, or that is
offered through the school district, intermediate school district,
area vocational-technical education program, or state approved
nonpublic school but is determined by its governing board to not be
available to the eligible student because of a scheduling conflict
beyond the eligible student's control; that is a career and
technical preparation course not ordinarily taken as an activity
course; that is a course that the career and technical preparation
program normally applies toward satisfaction of certificate,
degree, or program completion requirements; that is offered in
whole or in part when the school district or state approved
nonpublic school is in session; and that is not a hobby, craft, or
recreational course. A course that is offered only during a time
when the school district or state approved nonpublic school is not
in session may be an eligible course under this subdivision, as
determined by the school district or state approved nonpublic
school. For each individual eligible student, unless there is a
written agreement between the eligible student's school district
and the career and technical preparation program to waive these
limits, a course described in this subdivision is not an eligible
course if the eligible student's enrollment in, and the payment of
eligible charges under this act for, the course would exceed the
following limits:
(i) Not more than 10 courses overall. This limit and the
limits under subparagraphs (ii) to (iv) do not apply to a course if
the eligible student does not receive tuition and fee support under
this act for that course.
(ii) If the eligible student first enrolls in a course under
this act when the eligible student is in grade 9, not more than 2
courses during each academic year in the eligible student's first,
second, or third academic year of enrollment under this act in a
career and technical preparation program and not more than 4
courses during the academic year in the eligible student's fourth
academic year of enrollment under this act in a career and
technical preparation program.
(iii) If the eligible student first enrolls in a course under
this act when the eligible student is in grade 10, not more than 2
courses during the academic year in the eligible student's first
academic year of enrollment under this act in a career and
technical preparation program, not more than 4 courses during the
academic year in the eligible student's second academic year of
enrollment under this act in a career and technical preparation
program, and not more than 4 courses during the academic year in
the eligible student's third academic year of enrollment under this
act in a career and technical preparation program.
(iv) Subject to the overall course limit under subparagraph
(i), if the eligible student first enrolls in a course under this
act when the eligible student is in grade 11 or 12, not more than 6
courses during either of those academic years of enrollment in a
career and technical preparation program.
(f) "Eligible postsecondary educational institution" means a
state university, community college, or independent nonprofit
degree-granting college or university that is located in this state
and that chooses to comply with this act.
(g)
"Eligible student" means a student enrolled in at least 1
a
high school class in a school
district or state approved
nonpublic school in this state, except a foreign exchange pupil
enrolled under a cultural exchange program or a student who does
not have at least 1 parent or legal guardian who is a resident of
this
state. However, subject to subsection (2), the student shall
must not have been enrolled in high school for more than 4 school
years including the school year in which the student seeks to
enroll in an eligible course under this act. To be an eligible
student, a student who has not taken the Michigan merit examination
must have achieved a qualifying score in all subject areas on a
readiness assessment and a student who has taken the Michigan merit
examination must have achieved a qualifying score in all subject
areas on the Michigan merit examination, and, subject to subsection
(2),
the student shall must not have been enrolled in high school
for more than 4 school years including the school year in which the
student seeks to enroll in an eligible course under this act.
However, if the student has not achieved a qualifying score in all
subject areas on a readiness assessment or the Michigan merit
examination, as applicable for the student, the student is an
eligible student if the student achieves a qualifying score in
mathematics and a qualifying score on a nationally or industry
recognized job skills assessment test as determined by the
superintendent of public instruction. For the purposes of
determining the number of years a pupil has been enrolled in high
school, a pupil who is enrolled in high school for less than 90
days of a school year due to illness or other circumstances beyond
the control of the pupil or the pupil's parent or guardian is not
considered to be enrolled in high school for that school year.
(h) "Intermediate school district" means that term as defined
in section 4 of the revised school code, 1976 PA 451, MCL 380.4.
(i) "Michigan merit examination" means that examination
developed under section 1279g of the revised school code, 1976 PA
451, MCL 380.1279g.
(j) "Qualifying score" means a score on a readiness assessment
or on a nationally or industry recognized job skills assessment
test that has been determined by the superintendent of public
instruction to indicate readiness to enroll in a course under this
act.
(k) "Readiness assessment" means assessment instruments that
are aligned with state learning standards; that are used nationally
to provide high school students with an early indication of college
readiness proficiency in English, mathematics, reading, social
studies, and science and may contain a comprehensive career
planning program; and that are approved by the superintendent of
public instruction for the purposes of this act.
(l) "School district" means that term 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.
(m) "State approved nonpublic school" means that term as
defined in section 6 of the revised school code, 1976 PA 451, MCL
380.6.
(n) "State university" means a state institution of higher
education described in section 4, 5, or 6 of article VIII of the
state constitution of 1963.
(2) The department, in consultation with the superintendent of
public instruction, shall promulgate rules establishing criteria
and procedures under which a student who has been enrolled in high
school for more than 4 years but not more than 5 years may be
considered
to be an eligible student. The rules shall must address
special circumstances under which a student may qualify to be
considered an eligible student under this subsection and may limit
the number of courses in which a student who qualifies under this
subsection may enroll. For the purposes of determining the number
of years a pupil has been enrolled in high school, a pupil who is
enrolled in high school for less than 90 days of a school year due
to illness or other circumstances beyond the control of the pupil
or the pupil's parent or guardian is not considered to be enrolled
for that school year.
Sec. 4. (1) Upon request by the eligible student, the school
district or state approved nonpublic school in which an eligible
student is enrolled shall provide to the eligible student a letter
signed by the student's principal indicating the student's
eligibility under this act.
(2) An eligible student may apply to a career and technical
preparation program to enroll in 1 or more eligible courses offered
by that career and technical preparation program and, if accepted,
may enroll in 1 or more of those courses.
(3) For an eligible student enrolled in a school district,
within a reasonable time after registration, the career and
technical preparation program shall send written notice to the
eligible student and his or her school district. For an eligible
student enrolled in a state approved nonpublic school, within a
reasonable time after registration, the career and technical
preparation program shall send written notice to the eligible
student and his or her state approved nonpublic school and to the
department.
The notice shall must indicate the course or courses
and hours of enrollment of that eligible student. The career and
technical preparation program shall notify the eligible student
about tuition, fees, books, materials, and other related charges,
as determined by the career and technical preparation program, in
the customary manner used by the career and technical preparation
program, and shall notify the eligible student of the estimated
amount of the eligible charges that will be billed to the school
district or department, as applicable, under subsection (4).
(4) For an eligible student enrolled in a school district,
unless otherwise agreed between the career and technical
preparation program and the school district, after the expiration
of the career and technical preparation program's drop/add period
for the course, the career and technical preparation program shall
send a bill to the eligible student's school district detailing the
eligible charges for each eligible course in which the eligible
student is enrolled under this act. For an eligible student who is
enrolled in a state approved nonpublic school, after the expiration
of the career and technical preparation program's drop/add period
for the course, both of the following apply:
(a) The career and technical preparation program shall send a
bill to the department detailing the eligible charges for each
eligible course in which the eligible student is enrolled under
this act.
(b) The department shall determine the amount of the eligible
charges to be paid by the department of treasury to the career and
technical preparation program on behalf of the eligible student
under this act and shall deliver this information to the department
of treasury by appropriate electronic means.
(5) For an eligible student enrolled in a school district,
upon receiving the bill under subsection (4), the school district
shall cause to be paid to the career and technical preparation
program on behalf of the eligible student an amount equal to the
lesser of the amount of the eligible charges or the prorated
percentage of the statewide pupil-weighted average foundation
allowance, as calculated under section 20 of the state school aid
act of 1979, 1979 PA 94, MCL 388.1620, for all school districts for
the state fiscal year that begins on October 1 of the academic year
of enrollment in the career and technical preparation program, with
the
proration based on the proportion of the school year that the
eligible
student attends the career and technical preparation
program.
number of hours of
instruction that the eligible student
attends the career and technical preparation program divided by the
number of hours required under section 101 of the state school aid
act of 1979, 1979 PA 94, MCL 388.1701, for full-time equivalency.
However, in the calculation of the statewide pupil-weighted average
foundation allowance for the purposes of this subsection, if a
school district's foundation allowance is above the basic
foundation allowance under section 20 of the state school aid act
of 1979, 1979 PA 94, MCL 388.1620, then the school district's
foundation
allowance shall must be considered to be the basic
foundation allowance. Not later than September 1 of each year, the
department shall notify the department of treasury of the amount of
the statewide pupil-weighted average foundation allowance as
calculated for the purposes of this subsection. A school district
may pay more money to a career and technical preparation program on
behalf of an eligible student than is required under this act, and
may use local school operating revenue for that purpose. The
eligible student is responsible for payment of the remainder of the
costs associated with his or her enrollment in the career and
technical preparation program that exceed the amount the school
district is required to pay under this act and that are not paid by
the school district. As used in this subsection, "local school
operating revenue" means that term as defined in section 20 of the
state school aid act of 1979, 1979 PA 94, MCL 388.1620.
(6) For an eligible student who is enrolled in a state
approved nonpublic school, upon receiving from the department under
subsection (4) the amount of the eligible charges to be paid on
behalf of the eligible student, the department of treasury shall
cause to be paid to the career and technical preparation program on
behalf of the eligible student an amount equal to the lesser of the
amount of the eligible charges or the prorated percentage of the
statewide pupil-weighted average foundation allowance, as
calculated under section 20 of the state school aid act of 1979,
1979 PA 94, MCL 388.1620, for all school districts for the state
fiscal year that begins on October 1 of the academic year of
enrollment in the career and technical preparation program, with
the
proration based on the proportion of the school year that the
eligible
student attends the career and technical preparation
program.
number of hours of
instruction that the eligible student
attends the career and technical preparation program divided by the
number of hours required under section 101 of the state school aid
act of 1979, 1979 PA 94, MCL 388.1701, for full-time equivalency.
However, in the calculation of the statewide pupil-weighted average
foundation allowance for the purposes of this subsection, if a
school district's foundation allowance is above the basic
foundation allowance under section 20 of the state school aid act
of 1979, 1979 PA 94, MCL 388.1620, then the school district's
foundation
allowance shall must be considered to be the basic
foundation allowance. Not later than September 1 of each year, the
department shall notify the department of treasury of the amount of
the statewide pupil-weighted average foundation allowance as
calculated for the purposes of this subsection. The eligible
student is responsible for payment of the remainder of the costs
associated with his or her enrollment in the career and technical
preparation program that exceed the amount the department of
treasury is required to pay under this act and that are not paid by
the department of treasury.
(7) A career and technical preparation program shall not
charge a late fee to an eligible student, a school district, the
department, or the department of treasury for a payment that is
made in compliance with the timetable prescribed under this act
even if the payment would otherwise be considered late by the
career and technical preparation program.
(8) A school district, state approved nonpublic school, or the
department may require an eligible student to provide, on a form
supplied by the school district, state approved nonpublic school,
or the department, reasonable verification that the eligible
student is regularly attending a career and technical preparation
course under this act.
(9) For an eligible student who is enrolled in a school
district and who enrolls in an eligible course under this act, if
the eligible student does not complete the eligible course, and if
the school district has paid money for the course or, if the
eligible student enrolls in an eligible course for postsecondary
credit only and the eligible student does not successfully complete
the eligible course, as determined by the career and technical
preparation program, on behalf of the student, all of the following
apply:
(a) The career and technical preparation program shall forward
to the school district any funds that are refundable due to
noncompletion of the course. If applicable, the school district
shall then forward to the eligible student any refunded money in
excess of the amount paid by the school district for the course on
behalf of the student.
(b) The eligible student shall repay to the school district
any funds that were expended by the school district for the course
that are not refunded to the school district by the career and
technical preparation program. If the eligible student does not
repay this money, the school district may impose sanctions against
the eligible student as determined by school district policy. This
subdivision does not apply to an eligible student who does not
complete the course due to a family or medical emergency, as
determined by the career and technical preparation program.
(10) For an eligible student who is enrolled in a state
approved nonpublic school and who enrolls in an eligible course
under this act, if the eligible student does not complete the
eligible course or, if the eligible student enrolls in an eligible
course for postsecondary credit only and the eligible student does
not successfully complete the eligible course, as determined by the
career and technical preparation program, and if the department of
treasury has paid money for the course on behalf of the eligible
student, all of the following apply:
(a) The career and technical preparation program shall forward
to the department of treasury any funds that are refundable due to
noncompletion of the course. If applicable, the career and
technical preparation program shall then refund to the eligible
student any funds that are refundable due to noncompletion of the
course and are in excess of the amount paid by the department of
treasury for the course on behalf of the eligible student.
(b) The eligible student shall repay to the department of
treasury any funds that were expended by the department of treasury
for the course that are not refunded to the department of treasury
by the career and technical preparation program. This subdivision
does not apply to an eligible student who does not complete the
course due to a family or medical emergency, as determined by the
career and technical preparation program.
(11) A school district, state approved nonpublic school, the
department, or the department of treasury shall make available to
an eligible student copies of all correspondence in the possession
of the school district, state approved nonpublic school,
department, or department of treasury regarding the eligible
student's participation in a career and technical preparation
course under this act. Correspondence described in this subsection
shall
must be kept by the school district, state approved
nonpublic
school, department, or department of treasury for at least 1 year.
(12) If a school district pays for books for an eligible
student for a career and technical preparation course under this
section, the books are the property of the school district and
shall
must be turned over to the school district after the
eligible
student completes the course.
(13) This section does not apply to any career and technical
preparation courses in which an eligible student is enrolled in
addition to being enrolled full-time in that eligible student's
school district or state approved nonpublic school; to a career and
technical preparation course an eligible student is retaking after
failing to achieve a satisfactory grade; or to a course contrary to
the eligibility provisions of this act. In determining full-time
enrollment in a school district under this section or a school
district's full-time equated membership under the state school aid
act
of 1979, 1979 PA 94, MCL 388.1601 to 388.1896, 388.1897l,
for a
pupil enrolled in a career and technical preparation program under
this act, the pupil's enrollment in both the school district and
the
career and technical preparation program shall must be
counted
as enrollment in the school district and a pupil shall not be
considered to be enrolled in a school district less than full-time
solely because of the effect of the pupil's enrollment in 1 or more
career and technical preparation courses under this act, including
necessary travel time, on the number of class hours provided by the
school district to the pupil. In determining full-time enrollment
in a state approved nonpublic school under this section for a
student enrolled in a career and technical preparation program
under this act, the student's enrollment in both the state approved
nonpublic school and the career and technical preparation program
shall
must be counted as enrollment in the state approved
nonpublic
school and a student shall not be considered to be enrolled in a
state approved nonpublic school less than full-time solely because
of the effect of the student's enrollment in 1 or more career and
technical preparation courses under this act, including necessary
travel time, on the number of class hours provided by the state
approved nonpublic school to the student.
(14) This act does not require a school district or the
department of treasury to pay or otherwise provide financial
support for transportation or parking costs necessary for an
eligible student to participate in a career and technical
preparation program under this act. A school district, state
approved nonpublic school, or this state is not liable for any
injury incurred by an eligible student that is related to
transportation necessary for the eligible student to participate in
a career and technical preparation program under this act.
(15) The legislature shall appropriate funds to the department
of treasury for making payments required to be made by the
department of treasury under this act.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.