Bill Text: MI HB5291 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Appropriations; zero budget; fiscal year 2016-2017 omnibus appropriations for school aid, higher education, and community colleges; provide for. Amends secs. 11, 17b, 201 & 236 of 1979 PA 94 (MCL 388.1611 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-10-19 - Assigned Pa 313'16 With Immediate Effect [HB5291 Detail]
Download: Michigan-2015-HB5291-Engrossed.html
HB-5291, As Passed Senate, September 8, 2016
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5291
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 20, 25e, 61a, 61c, 98, 99h, 99t, and 104c (MCL
388.1620, 388.1625e, 388.1661a, 388.1661c, 388.1698, 388.1699h,
388.1699t, and 388.1704c), sections 20, 25e, 61a, 98, 99h, and 104c
as amended and section 99t as added by 2016 PA 249.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20. (1) For 2016-2017, both of the following apply:
(a) The basic foundation allowance is $8,229.00.
(b) The minimum foundation allowance is $7,511.00.
(2) The amount of each district's foundation allowance shall
be calculated as provided in this section, using a basic foundation
allowance in the amount specified in subsection (1).
(3) Except as otherwise provided in this section, the amount
of a district's foundation allowance shall be calculated as
follows, using in all calculations the total amount of the
district's foundation allowance as calculated before any proration:
(a) Except as otherwise provided in this subdivision, for a
district that had a foundation allowance for the immediately
preceding state fiscal year that was at least equal to the minimum
foundation allowance for the immediately preceding state fiscal
year, but less than the basic foundation allowance for the
immediately preceding state fiscal year, the district shall receive
a foundation allowance in an amount equal to the sum of the
district's foundation allowance for the immediately preceding state
fiscal year plus the difference between twice the dollar amount of
the adjustment from the immediately preceding state fiscal year to
the current state fiscal year made in the basic foundation
allowance and [(the difference between the basic foundation
allowance for the current state fiscal year and basic foundation
allowance for the immediately preceding state fiscal year minus
$20.00) times (the difference between the district's foundation
allowance for the immediately preceding state fiscal year and the
minimum foundation allowance for the immediately preceding state
fiscal year) divided by the difference between the basic foundation
allowance for the current state fiscal year and the minimum
foundation allowance for the immediately preceding state fiscal
year]. However, the foundation allowance for a district that had
less than the basic foundation allowance for the immediately
preceding state fiscal year shall not exceed the basic foundation
allowance for the current state fiscal year.
(b) Except as otherwise provided in this subsection, for a
district that in the immediately preceding state fiscal year had a
foundation allowance in an amount equal to the amount of the basic
foundation allowance for the immediately preceding state fiscal
year, the district shall receive a foundation allowance for 2016-
2017 in an amount equal to the basic foundation allowance for 2016-
2017.
(c) For a district that had a foundation allowance for the
immediately preceding state fiscal year that was greater than the
basic foundation allowance for the immediately preceding state
fiscal year, the district's foundation allowance is an amount equal
to the sum of the district's foundation allowance for the
immediately preceding state fiscal year plus the lesser of the
increase in the basic foundation allowance for the current state
fiscal year, as compared to the immediately preceding state fiscal
year, or the product of the district's foundation allowance for the
immediately preceding state fiscal year times the percentage
increase in the United States consumer price index in the calendar
year ending in the immediately preceding fiscal year as reported by
the May revenue estimating conference conducted under section 367b
of the management and budget act, 1984 PA 431, MCL 18.1367b.
(d) For a district that has a foundation allowance that is not
a whole dollar amount, the district's foundation allowance shall be
rounded up to the nearest whole dollar.
(4) Except as otherwise provided in this subsection, beginning
in 2014-2015, the state portion of a district's foundation
allowance is an amount equal to the district's foundation allowance
or the basic foundation allowance for the current state fiscal
year, whichever is less, minus the local portion of the district's
foundation
allowance. divided by the district's membership
excluding
special education pupils. For a
district described in
subsection (3)(c), beginning in 2014-2015, the state portion of the
district's foundation allowance is an amount equal to $6,962.00
plus the difference between the district's foundation allowance for
the current state fiscal year and the district's foundation
allowance for 1998-99, minus the local portion of the district's
foundation
allowance. divided by the district's membership
excluding
special education pupils. For a
district that has a
millage reduction required under section 31 of article IX of the
state constitution of 1963, the state portion of the district's
foundation allowance shall be calculated as if that reduction did
not occur. For a receiving district, if school operating taxes
continue to be levied on behalf of a dissolved district that has
been attached in whole or in part to the receiving district to
satisfy debt obligations of the dissolved district under section 12
of the revised school code, MCL 380.12, the taxable value per
membership pupil of property in the receiving district used for the
purposes of this subsection does not include the taxable value of
property within the geographic area of the dissolved district. For
a community district, if school operating taxes continue to be
levied by a qualifying school district under section 12b of the
revised school code, MCL 380.12b, with the same geographic area as
the community district, the taxable value per membership pupil of
property in the community district to be used for the purposes of
this subsection does not include the taxable value of property
within the geographic area of the community district.
(5) The allocation calculated under this section for a pupil
shall be based on the foundation allowance of the pupil's district
of residence. For a pupil enrolled pursuant to section 105 or 105c
in a district other than the pupil's district of residence, the
allocation calculated under this section shall be based on the
lesser of the foundation allowance of the pupil's district of
residence or the foundation allowance of the educating district.
For a pupil in membership in a K-5, K-6, or K-8 district who is
enrolled in another district in a grade not offered by the pupil's
district of residence, the allocation calculated under this section
shall be based on the foundation allowance of the educating
district if the educating district's foundation allowance is
greater than the foundation allowance of the pupil's district of
residence. The calculation under this subsection shall take into
account a district's per-pupil allocation under section 20m.
(6) Except as otherwise provided in this subsection, for
pupils in membership, other than special education pupils, in a
public school academy, the allocation calculated under this section
is an amount per membership pupil other than special education
pupils in the public school academy equal to the foundation
allowance of the district in which the public school academy is
located or the state maximum public school academy allocation,
whichever is less. For pupils in membership, other than special
education pupils, in a public school academy that is a cyber school
and is authorized by a school district, the allocation calculated
under this section is an amount per membership pupil other than
special education pupils in the public school academy equal to the
foundation allowance of the district that authorized the public
school academy or the state maximum public school academy
allocation, whichever is less. However, a public school academy
that had an allocation under this subsection before 2009-2010 that
was equal to the sum of the local school operating revenue per
membership pupil other than special education pupils for the
district in which the public school academy is located and the
state portion of that district's foundation allowance shall not
have that allocation reduced as a result of the 2010 amendment to
this subsection. Notwithstanding section 101, for a public school
academy that begins operations after the pupil membership count
day, the amount per membership pupil calculated under this
subsection shall be adjusted by multiplying that amount per
membership pupil by the number of hours of pupil instruction
provided by the public school academy after it begins operations,
as determined by the department, divided by the minimum number of
hours of pupil instruction required under section 101(3). The
result of this calculation shall not exceed the amount per
membership pupil otherwise calculated under this subsection.
(7) Except as otherwise provided in this subsection, for
pupils attending an achievement school and in membership in the
education achievement system, other than special education pupils,
the allocation calculated under this section is an amount per
membership pupil other than special education pupils equal to the
foundation allowance of the district in which the achievement
school is located, not to exceed the basic foundation allowance.
Notwithstanding section 101, for an achievement school that begins
operation after the pupil membership count day, the amount per
membership pupil calculated under this subsection shall be adjusted
by multiplying that amount per membership pupil by the number of
hours of pupil instruction provided by the achievement school after
it begins operations, as determined by the department, divided by
the minimum number of hours of pupil instruction required under
section 101(3). The result of this calculation shall not exceed the
amount per membership pupil otherwise calculated under this
subsection. For the purposes of this subsection, if a public school
is transferred from a district to the state school reform/redesign
district or the achievement authority under section 1280c of the
revised school code, MCL 380.1280c, that public school is
considered to be an achievement school within the education
achievement system and not a school that is part of a district, and
a pupil attending that public school is considered to be in
membership in the education achievement system and not in
membership in the district that operated the school before the
transfer.
(8) Except as otherwise provided in this subsection, for
pupils in membership, other than special education pupils, in a
community district, the allocation calculated under this section is
an amount per membership pupil other than special education pupils
in the community district equal to the foundation allowance of the
qualifying school district, as described in section 12b of the
revised school code, MCL 380.12b, that is located within the same
geographic area as the community district.
(9) Subject to subsection (4), for a district that is formed
or reconfigured after June 1, 2002 by consolidation of 2 or more
districts or by annexation, the resulting district's foundation
allowance under this section beginning after the effective date of
the consolidation or annexation shall be the lesser of the sum of
the average of the foundation allowances of each of the original or
affected districts, calculated as provided in this section,
weighted as to the percentage of pupils in total membership in the
resulting district who reside in the geographic area of each of the
original or affected districts plus $100.00 or the highest
foundation allowance among the original or affected districts. This
subsection does not apply to a receiving district unless there is a
subsequent consolidation or annexation that affects the district.
The calculation under this subsection shall take into account a
district's per-pupil allocation under section 20m.
(10) Each fraction used in making calculations under this
section shall be rounded to the fourth decimal place and the dollar
amount of an increase in the basic foundation allowance shall be
rounded to the nearest whole dollar.
(11) State payments related to payment of the foundation
allowance for a special education pupil are not calculated under
this section but are instead calculated under section 51a.
(12) To assist the legislature in determining the basic
foundation allowance for the subsequent state fiscal year, each
revenue estimating conference conducted under section 367b of the
management and budget act, 1984 PA 431, MCL 18.1367b, shall
calculate a pupil membership factor, a revenue adjustment factor,
and an index as follows:
(a) The pupil membership factor shall be computed by dividing
the estimated membership in the school year ending in the current
state fiscal year, excluding intermediate district membership, by
the estimated membership for the school year ending in the
subsequent state fiscal year, excluding intermediate district
membership. If a consensus membership factor is not determined at
the revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and
senate subcommittees responsible for school aid appropriations not
later than 7 days after the conclusion of the revenue conference.
(b) The revenue adjustment factor shall be computed by
dividing the sum of the estimated total state school aid fund
revenue for the subsequent state fiscal year plus the estimated
total state school aid fund revenue for the current state fiscal
year, adjusted for any change in the rate or base of a tax the
proceeds of which are deposited in that fund and excluding money
transferred into that fund from the countercyclical budget and
economic stabilization fund under the management and budget act,
1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated
total school aid fund revenue for the current state fiscal year
plus the estimated total state school aid fund revenue for the
immediately preceding state fiscal year, adjusted for any change in
the rate or base of a tax the proceeds of which are deposited in
that fund. If a consensus revenue factor is not determined at the
revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and
senate subcommittees responsible for school aid appropriations not
later than 7 days after the conclusion of the revenue conference.
(c) The index shall be calculated by multiplying the pupil
membership factor by the revenue adjustment factor. If a consensus
index is not determined at the revenue estimating conference, the
principals of the revenue estimating conference shall report their
estimates to the house and senate subcommittees responsible for
school aid appropriations not later than 7 days after the
conclusion of the revenue conference.
(13) Payments to districts, public school academies, or the
education achievement system shall not be made under this section.
Rather, the calculations under this section shall be used to
determine the amount of state payments under section 22b.
(14) If an amendment to section 2 of article VIII of the state
constitution of 1963 allowing state aid to some or all nonpublic
schools is approved by the voters of this state, each foundation
allowance or per-pupil payment calculation under this section may
be reduced.
(15) As used in this section:
(a) "Certified mills" means the lesser of 18 mills or the
number of mills of school operating taxes levied by the district in
1993-94.
(b) "Combined state and local revenue" means the aggregate of
the district's state school aid received by or paid on behalf of
the district under this section and the district's local school
operating revenue.
(c) "Combined state and local revenue per membership pupil"
means the district's combined state and local revenue divided by
the district's membership excluding special education pupils.
(d) "Current state fiscal year" means the state fiscal year
for which a particular calculation is made.
(e) "Dissolved district" means a district that loses its
organization, has its territory attached to 1 or more other
districts, and is dissolved as provided under section 12 of the
revised school code, MCL 380.12.
(f) "Immediately preceding state fiscal year" means the state
fiscal year immediately preceding the current state fiscal year.
(g) "Local portion of the district's foundation allowance"
means an amount that is equal to the difference between (the sum of
the product of the taxable value per membership pupil of all
property in the district that is nonexempt property times the
district's certified mills and, for a district with certified mills
exceeding 12, the product of the taxable value per membership pupil
of property in the district that is commercial personal property
times the certified mills minus 12 mills) and (the quotient of the
product of the captured assessed valuation under tax increment
financing acts times the district's certified mills divided by the
district's membership excluding special education pupils).
(h) "Local school operating revenue" means school operating
taxes levied under section 1211 of the revised school code, MCL
380.1211. For a receiving district, if school operating taxes are
to be levied on behalf of a dissolved district that has been
attached in whole or in part to the receiving district to satisfy
debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, local school operating revenue
does not include school operating taxes levied within the
geographic area of the dissolved district.
(i) "Local school operating revenue per membership pupil"
means a district's local school operating revenue divided by the
district's membership excluding special education pupils.
(j) "Maximum public school academy allocation", except as
otherwise provided in this subdivision, means the maximum per-pupil
allocation as calculated by adding the highest per-pupil allocation
among all public school academies for the immediately preceding
state fiscal year plus the difference between twice the amount of
the difference between the basic foundation allowance for the
current state fiscal year and the basic foundation allowance for
the immediately preceding state fiscal year and [(the amount of the
difference between the basic foundation allowance for the current
state fiscal year and the basic foundation allowance for the
immediately preceding state fiscal year minus $20.00) times (the
difference between the highest per-pupil allocation among all
public school academies for the immediately preceding state fiscal
year and the minimum foundation allowance for the immediately
preceding state fiscal year) divided by the difference between the
basic foundation allowance for the current state fiscal year and
the minimum foundation allowance for the immediately preceding
state fiscal year]. For the purposes of this subdivision, for 2016-
2017, the maximum public school academy allocation is $7,511.00.
(k) "Membership" means the definition of that term under
section 6 as in effect for the particular fiscal year for which a
particular calculation is made.
(l) "Nonexempt property" means property that is not a
principal residence, qualified agricultural property, qualified
forest property, supportive housing property, industrial personal
property, commercial personal property, or property occupied by a
public school academy.
(m) "Principal residence", "qualified agricultural property",
"qualified forest property", "supportive housing property",
"industrial personal property", and "commercial personal property"
mean those terms as defined in section 1211 of the revised school
code, MCL 380.1211.
(n) "Receiving district" means a district to which all or part
of the territory of a dissolved district is attached under section
12 of the revised school code, MCL 380.12.
(o) "School operating purposes" means the purposes included in
the operation costs of the district as prescribed in sections 7 and
18 and purposes authorized under section 1211 of the revised school
code, MCL 380.1211.
(p) "School operating taxes" means local ad valorem property
taxes levied under section 1211 of the revised school code, MCL
380.1211, and retained for school operating purposes.
(q) "Tax increment financing acts" means 1975 PA 197, MCL
125.1651 to 125.1681, the tax increment finance authority act, 1980
PA 450, MCL 125.1801 to 125.1830, the local development financing
act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672,
or the corridor improvement authority act, 2005 PA 280, MCL
125.2871 to 125.2899.
(r) "Taxable value per membership pupil" means taxable value,
as certified by the county treasurer and reported to the
department, for the calendar year ending in the current state
fiscal year divided by the district's membership excluding special
education pupils for the school year ending in the current state
fiscal year.
Sec. 25e. (1) The pupil membership transfer application and
pupil transfer process administered by the center under this
section shall be used for processing pupil transfers associated
with strict discipline academies.
(2) If a pupil counted in membership for the pupil membership
count day transfers from a district or intermediate district to
enroll
in a strict discipline academy an
eligible entity after the
pupil membership count day and before the supplemental count day
and, due to the pupil's enrollment and attendance status as of the
pupil membership count day, the pupil was not counted in membership
in
the educating strict discipline academy, eligible entity, the
educating
strict discipline academy eligible
entity may report the
enrollment and attendance information to the center through the
pupil transfer process within 30 days after the transfer or within
30 days after the pupil membership count certification date,
whichever is later. Pupil transfers may be submitted no earlier
than the first day after the certification deadline for the pupil
membership count day and before the supplemental count day. Upon
receipt of the transfer information under this subsection
indicating that a pupil has enrolled and is in attendance in an
educating
strict discipline academy eligible
entity as described in
this subsection, the pupil transfer process shall do the following:
(a) Notify the district in which the pupil was previously
enrolled.
(b) Notify both the pupil auditing staff of the intermediate
district
in which the educating strict discipline academy eligible
entity is located and the pupil auditing staff of the intermediate
district in which the district that previously enrolled the pupil
is located. The pupil auditing staff shall investigate a
representative sample based on required audit sample sizes in the
pupil auditing manual and may deny the pupil membership transfer.
(c) Aggregate the districtwide changes and notify the
department for use in adjusting the state aid payment system.
(3) The department shall do all of the following:
(a) Adjust the membership calculation for each district or
intermediate district in which the pupil was previously counted in
membership or that previously received an adjustment in its
membership calculation under this section due to a change in the
pupil's enrollment and attendance so that the district's or
intermediate district's membership is prorated to allow the
district or intermediate district to receive for each school day,
as determined by the financial calendar furnished by the center, in
which the pupil was enrolled and in attendance in the district or
intermediate district an amount equal to 1/105 of a full-time
equated membership claimed in the fall pupil membership count. If a
pupil transfers to an eligible entity as described in subsection
(2) and subsequently transfers to enroll in another district or
intermediate district before the supplemental count day, the
educating district or intermediate district may report the
enrollment and attendance information to the center through the
pupil transfer process. For a district or intermediate district
with membership adjustments under this subdivision, the department
shall ensure that the membership adjustments reflect all days that
a pupil was enrolled and in attendance in the district or
intermediate district between the pupil membership count day and
the supplemental count day. The district or intermediate district
shall receive a prorated foundation allowance in an amount equal to
the product of the adjustment under this subdivision for the
district or intermediate district multiplied by the foundation
allowance or per-pupil payment as calculated under section 20 for
the district or intermediate district. The foundation allowance or
per-pupil payment shall be adjusted by the pupil's full-time
equated status as affected by the membership definition under
section 6(4).
(b)
Adjust the membership calculation for the educating strict
discipline
academy eligible entity in which the pupil is enrolled
and
is in attendance so that the strict discipline academy's
eligible
entity's membership is increased to
allow the strict
discipline
academy eligible entity to receive an amount equal to
the difference between the full-time equated membership claimed in
the fall pupil membership count and the sum of the adjustments
calculated under subdivision (a) for each district or intermediate
district in which the pupil was previously enrolled and in
attendance. The sum of the adjustments to an eligible entity's
membership as provided under this subdivision shall not exceed a
calculation that reflects the number of days that a pupil was
enrolled and in attendance in the eligible entity between the pupil
membership count day and the supplemental count day. The educating
strict
discipline academy eligible
entity shall receive a prorated
foundation allowance in an amount equal to the product of the
adjustment
under this subdivision for the educating strict
discipline
academy eligible entity multiplied by the per-pupil
payment
as calculated under section 20 for the educating strict
discipline
academy. eligible entity. The per-pupil payment shall be
adjusted by the pupil's full-time equated status as affected by the
membership definition under section 6(4).
(4) The changes in calculation of state school aid required
under subsection (3) shall take effect as of the date that the
pupil
becomes enrolled and in attendance in the educating strict
discipline
academy, eligible entity, and the department shall base
all subsequent payments under this article for the fiscal year to
the affected districts or intermediate districts on this
recalculation of state school aid.
(5)
If a pupil enrolls in an educating strict discipline
academy
eligible entity as described in subsection (2), the
district or intermediate district in which the pupil is counted in
membership
or another educating strict discipline academy eligible
entity that received an adjustment in its membership calculation
under
subsection (3), if any, and the educating strict discipline
academy
eligible entity shall provide to the center and the
department all information they require to comply with this
section.
(6) The portion of the full-time equated pupil membership for
which a pupil is enrolled in 1 or more online courses under section
21f shall not be counted or transferred under the pupil transfer
process under this section.
(7) It is the intent of the legislature that the center
determine the number of pupils who did not reside in this state as
of the 2018-2019 pupil membership count day but who newly enrolled
in a district or intermediate district after that pupil membership
count day and before the 2018-2019 supplemental count day. It is
the intent of the legislature that the center further determine the
number of pupils who were counted in membership for the 2018-2019
pupil membership count day but who left this state before the 2018-
2019 supplemental count day. In 2019-2020, the center shall provide
a report to the senate and house appropriations subcommittees on
state school aid, and to the senate and house fiscal agencies,
detailing the number of pupils transferring in from another state
or transferring out from this state between the pupil membership
count day and supplemental count day as described in this
subsection. The center shall include in the report a discussion of
benefits and obstacles to developing a pupil enrollment process for
pupils who newly enroll in a district or intermediate district
after the pupil membership count day and before the supplemental
count day, and developing a process for deducting pupils who were
counted on the pupil membership count day and transfer out of this
state before the supplemental count day.
(8) As used in this section:
(a)
"Educating strict discipline academy" eligible entity"
means
the strict discipline academy eligible
entity in which a
pupil enrolls after the pupil membership count day or after an
adjustment was made in another district's or intermediate
district's membership calculation under this section due to the
pupil's enrollment and attendance.
(b) "Eligible entity" means a strict discipline academy or
another public school academy that is primarily focused on
educating pupils who had previously dropped out of school and with
extreme barriers to education, such as being homeless, and that
offers an alternative education program that is scheduled for at
least 200 days of instruction. For the purpose of making membership
adjustments during 2016-2017, the center shall consider a public
school academy that offered at least 200 days of instruction in an
alternative education program in 2015-2016 and that meets the other
eligibility criteria under this subdivision, or a public school
academy newly opened in 2016-2017 that is affiliated with an
eligible entity and that meets the other eligibility criteria under
this subdivision, to be an eligible entity for 2016-2017. However,
if by the end of the 2016-2017 school year it is determined that a
public school academy that received a membership adjustment under
this section did not offer at least 200 days of instruction in an
alternative education program in 2016-2017, the center shall no
longer consider that public school academy to be an eligible entity
and shall rescind the membership adjustments that were made for
that public school academy during the school year under this
section.
(c) (b)
"Pupil" means that term
as defined under section 6 and
also children receiving early childhood special education programs
and services.
(d) (c)
"Strict discipline
academy" means a strict discipline
academy operating under sections 1311b to 1311m of the revised
school code, MCL 380.1311b to 380.1311m.
Sec. 61a. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $36,611,300.00 for 2016-2017 to
reimburse on an added cost basis districts, except for a district
that served as the fiscal agent for a vocational education
consortium in the 1993-94 school year and that has a foundation
allowance as calculated under section 20 greater than the minimum
foundation allowance under that section, and secondary area
vocational-technical education centers for secondary-level career
and technical education programs according to rules approved by the
superintendent. Applications for participation in the programs
shall be submitted in the form prescribed by the department. The
department shall determine the added cost for each career and
technical education program area. The allocation of added cost
funds shall be prioritized based on the capital and program
expenditures needed to operate the career and technical education
programs provided; the number of pupils enrolled; the advancement
of pupils through the instructional program; the existence of an
articulation agreement with at least 1 postsecondary institution
that provides pupils with opportunities to earn postsecondary
credit during the pupil's participation in the career and technical
education program and transfers those credits to the postsecondary
institution upon completion of the career and technical education
program; and the program rank in student placement, job openings,
and wages, and shall not exceed 75% of the added cost of any
program. Notwithstanding any rule or department determination to
the contrary, when determining a district's allocation or the
formula for making allocations under this section, the department
shall include the participation of pupils in grade 9 in all of
those determinations and in all portions of the formula. With the
approval of the department, the board of a district maintaining a
secondary career and technical education program may offer the
program for the period from the close of the school year until
September 1. The program shall use existing facilities and shall be
operated as prescribed by rules promulgated by the superintendent.
(2) Except for a district that served as the fiscal agent for
a vocational education consortium in the 1993-94 school year,
districts and intermediate districts shall be reimbursed for local
career and technical education administration, shared time career
and technical education administration, and career education
planning district career and technical education administration.
The definition of what constitutes administration and reimbursement
shall be pursuant to guidelines adopted by the superintendent. Not
more than $800,000.00 of the allocation in subsection (1) shall be
distributed under this subsection.
(3) A career and technical education program funded under this
section may provide an opportunity for participants who are
eligible to be funded under section 107 to enroll in the career and
technical education program funded under this section if the
participation does not occur during regular school hours.
(4) In addition to the money allocated under subsection (1),
from the general fund money appropriated in section 11, there is
allocated for 2016-2017 an amount not to exceed $79,000.00 to an
eligible Michigan-approved 501(c)(3) organization for the purposes
of teaching or training restaurant management and culinary arts for
career and professional development. The department shall oversee
funds distributed to an eligible grantee under this section. As
used in this subsection, "eligible Michigan-approved 501(c)(3)
organization" means an organization that is exempt from taxation
under section 501(c)(3) of the internal revenue code of 1986, 26
USC 501, that provides the ProStart curriculum and training to
state-approved career and technical education programs with
classification of instructional programs (CIP) codes in the 12.05xx
category, and that administers national certification for the
purpose of restaurant management and culinary arts for career and
professional development.
Sec. 61c. (1) From the general fund appropriation in section
11, there is allocated for 2016-2017 an amount not to exceed
$3,000,000.00 to career education planning districts for the CTE
skilled trades initiative under this section.
(2) To be eligible to receive funding under this section, each
CEPD shall apply in a form and manner determined by the department.
Funding to each CEPD shall be equal to the quotient of the
allocation under subsection (1) and the sum of the number of
cooperating
educational policy career
education planning districts
applying for funding under this section.
(3) The funding allocated to each CEPD shall be used to update
equipment in current CTE programs that are supporting and driving
economic development in their individual communities, or for new
and emerging certified CTE programs to allow CEPD administrators to
provide programming in communities that will enhance economic
development. The funding for equipment should be used to support
and enhance community areas that have sustained job growth, and act
as a commitment to build a more qualified and skilled workforce.
(4) The allocation of funds at the local level shall be
determined by CEPD administrators using data from the state,
region, and local sources to make well-informed decisions on
program equipment improvements. Grants awarded by CEPD
administrators for capital infrastructure shall be used to ensure
that CTE programs can deliver educational programs in high-wage,
high-skill, and high-demand occupations. Each CEPD shall continue
to ensure that program advisory boards make recommendations on
needed improvements for equipment that support job growth and job
skill development and retention for both the present and the
future.
(5) Not later than September 15 of each fiscal year, each CEPD
receiving funding under this section shall annually report to the
department, the senate and house appropriations subcommittees on
state school aid, and the senate and house fiscal agencies and
legislature on equipment purchased under this section. In addition,
the report shall identify growth data on program involvement,
retention, and development of student skills.
(6) In addition to the funds allocated under subsection (1),
from the funds appropriated under section 11, there is allocated
for 2016-2017 an amount not to exceed $200,000.00 to a district
with fewer than 1,200 pupils in membership to support a
mechatronics program that operated in 2015-2016 for updating
mechatronics program equipment. To be eligible to receive a grant
under this subsection, a program shall be a flexible learning
program that offered in 2015-2016 both classroom and hands-on
training in mechatronics in at least 2 sites.
(7) As used in this section, "CEPD" means a career education
planning district described in this section.
Sec. 98. (1) From the general fund money appropriated in
section 11, there is allocated an amount not to exceed
$7,387,500.00 for 2016-2017 for the purposes described in this
section. The Michigan Virtual University shall provide a report to
the legislature not later than November 1, 2016 that includes its
mission, its plans, and proposed benchmarks it must meet, which
shall include a plan to achieve a 50% increase in documented
improvement in each requirement of the Michigan Virtual Learning
Research Institute and Michigan Virtual School, and all other
organizational priorities identified in this section, in order to
receive full funding for 2017-2018. Not later than March 1, 2017,
the Michigan Virtual University shall provide an update to the
house and senate appropriations subcommittees on school aid to show
the progress being made to meet the benchmarks identified.
(2) The Michigan Virtual University shall operate the Michigan
Virtual Learning Research Institute. The Michigan Virtual Learning
Research Institute shall do all of the following:
(a) Support and accelerate innovation in education through the
following activities:
(i) Test, evaluate, and recommend as appropriate new
technology-based instructional tools and resources.
(ii) Research, design, and recommend virtual education
delivery models for use by pupils and teachers that include age-
appropriate multimedia instructional content.
(iii) Research, develop, and recommend annually to the
department criteria by which cyber schools and virtual course
providers should be monitored and evaluated to ensure a quality
education for their pupils.
(iv) Based on pupil completion and performance data reported
to the department or the center for educational performance and
information from cyber schools and other virtual course providers
operating in this state, analyze the effectiveness of virtual
learning delivery models in preparing pupils to be college- and
career-ready and publish a report that highlights enrollment
totals, completion rates, and the overall impact on pupils. The
report shall be submitted to the house and senate appropriations
subcommittees on state school aid, the state budget director, the
house and senate fiscal agencies, the department, districts, and
intermediate districts not later than March 31, 2017.
(v) Before August 31, 2017, provide an extensive professional
development program to at least 30,000 educational personnel,
including teachers, school administrators, and school board
members, that focuses on the effective integration of virtual
learning into curricula and instruction. The Michigan Virtual
Learning Research Institute is encouraged to work with the MiSTEM
advisory council created under section 99s to coordinate
professional development of teachers in applicable fields. In
addition,
the department shall coordinate with the Michigan Virtual
Learning Research Institute and external stakeholders are
encouraged to coordinate with the department for professional
development in this state. Not later than December 1, 2017, the
Michigan Virtual Learning Research Institute shall submit a report
to the house and senate appropriations subcommittees on state
school aid, the state budget director, the house and senate fiscal
agencies, and the department on the number and percentage of
teachers, school administrators, and school board members who have
received professional development services from the Michigan
Virtual University. The report shall also identify barriers and
other opportunities to encourage the adoption of virtual learning
in the public education system.
(vi) Identify and share best practices for planning,
implementing, and evaluating virtual and blended education delivery
models with intermediate districts, districts, and public school
academies to accelerate the adoption of innovative education
delivery models statewide.
(b) Provide leadership for this state's system of virtual
learning education by doing the following activities:
(i) Develop and report policy recommendations to the governor
and the legislature that accelerate the expansion of effective
virtual learning in this state's schools.
(ii) Provide a clearinghouse for research reports, academic
studies, evaluations, and other information related to virtual
learning.
(iii) Promote and distribute the most current instructional
design standards and guidelines for virtual teaching.
(iv) In collaboration with the department and interested
colleges and universities in this state, support implementation and
improvements related to effective virtual learning instruction.
(v) Pursue public/private partnerships that include districts
to study and implement competency-based technology-rich virtual
learning models.
(vi) Create a statewide network of school-based mentors
serving as liaisons between pupils, virtual instructors, parents,
and school staff, as provided by the department or the center, and
provide mentors with research-based training and technical
assistance designed to help more pupils be successful virtual
learners.
(vii) Convene focus groups and conduct annual surveys of
teachers, administrators, pupils, parents, and others to identify
barriers and opportunities related to virtual learning.
(viii) Produce an annual consumer awareness report for schools
and parents about effective virtual education providers and
education delivery models, performance data, cost structures, and
research trends.
(ix) Research and establish an Internet-based platform that
educators can use to create student-centric learning tools and
resources and facilitate a user network that assists educators in
using the platform. As part of this initiative, the Michigan
Virtual University shall work collaboratively with districts and
intermediate districts to establish a plan to make available
virtual resources that align to Michigan's K-12 curriculum
standards for use by students, educators, and parents.
(x) Create and maintain a public statewide catalog of virtual
learning courses being offered by all public schools and community
colleges in this state. The Michigan Virtual Learning Research
Institute shall identify and develop a list of nationally
recognized best practices for virtual learning and use this list to
support reviews of virtual course vendors, courses, and
instructional practices. The Michigan Virtual Learning Research
Institute shall also provide a mechanism for intermediate districts
to use the identified best practices to review content offered by
constituent districts. The Michigan Virtual Learning Research
Institute shall review the virtual course offerings of the Michigan
Virtual University, and make the results from these reviews
available to the public as part of the statewide catalog. The
Michigan Virtual Learning Research Institute shall ensure that the
statewide catalog is made available to the public on the Michigan
Virtual University website and shall allow the ability to link it
to each district's website as provided for in section 21f. The
statewide catalog shall also contain all of the following:
(A) The number of enrollments in each virtual course in the
immediately preceding school year.
(B) The number of enrollments that earned 60% or more of the
total course points for each virtual course in the immediately
preceding school year.
(C) The completion rate for each virtual course.
(xi) Develop prototype and pilot registration, payment
services, and transcript functionality to the statewide catalog and
train key stakeholders on how to use new features.
(xii) Collaborate with key stakeholders to examine district
level accountability and teacher effectiveness issues related to
virtual learning under section 21f and make findings and
recommendations publicly available.
(xiii) Provide a report on the activities of the Michigan
Virtual Learning Research Institute.
(3) To further enhance its expertise and leadership in virtual
learning, the Michigan Virtual University shall continue to operate
the Michigan Virtual School as a statewide laboratory and quality
model of instruction by implementing virtual and blended learning
solutions for Michigan schools in accordance with the following
parameters:
(a) The Michigan Virtual School must maintain its
accreditation status from recognized national and international
accrediting entities.
(b) The Michigan Virtual University shall use no more than
$1,000,000.00 of the amount allocated under this section to
subsidize the cost paid by districts for virtual courses.
(c) In providing educators responsible for the teaching of
virtual courses as provided for in this section, the Michigan
Virtual School shall follow the requirements to request and assess,
and the department of state police shall provide, a criminal
history check and criminal records check under sections 1230 and
1230a of the revised school code, MCL 380.1230 and 380.1230a, in
the same manner as if the Michigan Virtual School were a school
district under those sections.
(4) If the course offerings are included in the statewide
catalog of virtual courses under subsection (2)(b)(ix), the
Michigan Virtual School operated by the Michigan Virtual University
may offer virtual course offerings, including, but not limited to,
all of the following:
(a) Information technology courses.
(b) College level equivalent courses, as defined in section
1471 of the revised school code, MCL 380.1471.
(c) Courses and dual enrollment opportunities.
(d) Programs and services for at-risk pupils.
(e) High school equivalency test preparation courses for
adjudicated youth.
(f) Special interest courses.
(g) Professional development programs for teachers, school
administrators, other school employees, and school board members.
(5) If a home-schooled or nonpublic school student is a
resident of a district that subscribes to services provided by the
Michigan Virtual School, the student may use the services provided
by the Michigan Virtual School to the district without charge to
the student beyond what is charged to a district pupil using the
same services.
(6) Not later than December 1 of each fiscal year, the
Michigan Virtual University shall provide a report to the house and
senate appropriations subcommittees on state school aid, the state
budget director, the house and senate fiscal agencies, and the
department that includes at least all of the following information
related to the Michigan Virtual School for the preceding state
fiscal year:
(a) A list of the districts served by the Michigan Virtual
School.
(b) A list of virtual course titles available to districts.
(c) The total number of virtual course enrollments and
information on registrations and completions by course.
(d) The overall course completion rate percentage.
(7) In addition to the information listed in subsection (6),
the report under subsection (6) shall also include a plan to serve
at least 600 schools with courses from the Michigan Virtual School
or with content available through the Internet-based platform
identified in subsection (2)(b)(ix).
(8) The governor may appoint an advisory group for the
Michigan Virtual Learning Research Institute established under
subsection (2). The members of the advisory group shall serve at
the pleasure of the governor and shall serve without compensation.
The purpose of the advisory group is to make recommendations to the
governor, the legislature, and the president and board of the
Michigan Virtual University that will accelerate innovation in this
state's education system in a manner that will prepare elementary
and secondary students to be career and college ready and that will
promote the goal of increasing the percentage of citizens of this
state with high-quality degrees and credentials to at least 60% by
2025.
(9) Not later than November 1, 2016, the Michigan Virtual
University shall submit to the house and senate appropriations
subcommittees on state school aid, the state budget director, and
the house and senate fiscal agencies a detailed budget for the
2016-2017 fiscal year that includes a breakdown on its projected
costs to deliver virtual educational services to districts and a
summary of the anticipated fees to be paid by districts for those
services. Not later than March 1 each year, the Michigan Virtual
University shall submit to the house and senate appropriations
subcommittees on state school aid, the state budget director, and
the house and senate fiscal agencies a breakdown on its actual
costs to deliver virtual educational services to districts and a
summary of the actual fees paid by districts for those services
based on audited financial statements for the immediately preceding
fiscal year.
(10) As used in this section:
(a) "Blended learning" means a hybrid instructional delivery
model where pupils are provided content, instruction, and
assessment, in part at a supervised educational facility away from
home where the pupil and a teacher with a valid Michigan teaching
certificate are in the same physical location and in part through
Internet-connected learning environments with some degree of pupil
control over time, location, and pace of instruction.
(b) "Cyber school" means a full-time instructional program of
virtual courses for pupils that may or may not require attendance
at a physical school location.
(c) "Virtual course" means a course of study that is capable
of generating a credit or a grade and that is provided in an
interactive learning environment in which the majority of the
curriculum is delivered using the Internet and in which pupils are
separated from their instructor or teacher of record by time or
location, or both.
Sec. 99h. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $2,500,000.00 for 2016-2017 for
competitive grants to districts that provide pupils in grades K to
12 with expanded opportunities to improve mathematics, science, and
technology skills by participating in events hosted by a science
and technology development program known as FIRST (for inspiration
and
recognition of science and technology) robotics, Robotics,
including JR FIRST Lego League, FIRST Lego League, FIRST tech
challenge, and FIRST Robotics competition. Programs funded under
this section are intended to increase the number of pupils
demonstrating proficiency in science and mathematics on the state
assessments and to increase the number of pupils who are college-
and career-ready upon high school graduation. Notwithstanding
section 17b, grant payments to districts under this section shall
be paid on a schedule determined by the department. The department
shall set maximum grant awards for each different level of
competition in a manner that both maximizes the number of teams
that will be able to receive funds and expands the geographical
distribution of teams.
(2) A district applying for a grant under this section shall
submit an application in a form and manner determined by the
department. To be eligible for a grant, a district shall
demonstrate in its application that the district has established a
partnership for the purposes of the FIRST Robotics program with at
least 1 sponsor, business entity, higher education institution, or
technical school, shall submit a spending plan, and shall pay at
least
25% of the cost of the FIRST robotics Robotics program.
(3) The department shall distribute the grant funding under
this section for the following purposes:
(a)
Grants to districts to pay for stipends of not to exceed
$1,500.00
for 1 coach per team. If the requests for stipends exceed
the
numbers of stipends allowed, and if there is funding remaining
unspent
under subdivisions (b) and (c), the department shall use
that
remaining unspent funding for grants to districts to pay for
additional
stipends in a manner that expands the geographical
distribution
of teams.
(b) Grants to districts for event registrations, materials,
travel costs, and other expenses associated with the preparation
for
and attendance at FIRST robotics Robotics events and
competitions. Each grant recipient shall provide a local match from
other private or local funds for the funds received under this
subdivision equal to at least 50% of the costs of participating in
an
event. The department shall set maximum grant amounts under this
subdivision
in a manner that maximizes the number of teams that
will
be able to receive funding.
(c) Grants to districts for awards to teams that advance to
the state and world championship competitions. The department shall
determine an equal amount per team for those teams that advance to
the state championship and a second equal award amount to those
teams that advance to the world championship.
(4) The funds allocated under this section are a work project
appropriation, and any unexpended funds for 2016-2017 are carried
forward into 2017-2018. The purpose of the work project is to
continue to implement the projects described under subsection (1).
The estimated completion date of the work project is September 30,
2019.
Sec. 99t. (1) From the general fund appropriation under
section 11, there is allocated an amount not to exceed
$1,500,000.00 for 2016-2017 to purchase statewide access to an
online algebra tool that meets all of the following:
(a) Provides students statewide with complete access to videos
aligned with state standards including study guides and workbooks
that are aligned with the videos.
(b) Provides students statewide with access to a personalized
online algebra learning tool including adaptive diagnostics.
(c) Provides students statewide with dynamic algebra practice
assessments that emulate the state assessment with immediate
feedback and help solving problems.
(d) Provides students statewide with online access to algebra
help 24 hours a day and 7 days a week from study experts, teachers,
and peers on a moderated social networking platform.
(e) Provides an online algebra professional development
network for teachers.
(f) Is already provided under a statewide contract in at least
1 other state that has a population of at least 18,000,000 but not
more than 19,000,000 according to the most recent decennial census
and is offered in that state in partnership with a public
university.
(2) The department shall choose the online algebra tool by
October 1, 2016.
Sec. 104c. (1) In order to receive state aid under this
article, a district shall administer the state assessments
described in this section.
(2) For the purposes of this section, the department shall
develop for use in the spring of 2015-2016 the Michigan student
test of educational progress (M-STEP) assessments in English
language arts and mathematics. These assessments shall be aligned
to state standards.
(3) For the purposes of this section, the department shall
implement a summative assessment system that is proven to be valid
and reliable for administration to pupils as provided under this
subsection. The summative assessment system shall meet all of the
following requirements:
(a) The summative assessment system shall measure student
proficiency on the current state standards, shall measure student
growth for consecutive grade levels in which students are assessed
in the same subject area in both grade levels, and shall be capable
of measuring individual student performance.
(b) The summative assessments for English language arts and
mathematics shall be administered to all public school pupils in
grades 3 to 11, including those pupils as required by the federal
individuals with disabilities education act, Public Law 108-446,
and by title I of the federal elementary and secondary education
act.
(c) The summative assessments for science shall be
administered to all public school pupils in at least grades 4 and
7, including those pupils as required by the federal individuals
with disabilities education act, Public Law 108-446, and by title I
of the federal elementary and secondary education act.
(d) The summative assessments for social studies shall be
administered to all public school pupils in at least grades 5 and
8, including those pupils as required by the federal individuals
with disabilities education act, Public Law 108-446, and by title I
of the federal elementary and secondary education act.
(e) The content of the summative assessments shall be aligned
to state standards.
(f) The pool of questions for the summative assessments shall
be subject to a transparent review process for quality, bias, and
sensitive issues involving educator review and comment. The
department shall post samples from tests or retired tests featuring
questions from this pool for review by the public.
(g) The summative assessment system shall ensure that
students, parents, and teachers are provided with reports that
convey individual student proficiency and growth on the assessment
and that convey individual student domain-level performance in each
subject area, including representative questions, and individual
student performance in meeting state standards.
(h) The summative assessment system shall be capable of
providing, and the department shall ensure that students, parents,
teachers, administrators, and community members are provided with,
reports that convey aggregate student proficiency and growth data
by teacher, grade, school, and district.
(i) The summative assessment system shall ensure the
capability of reporting the available data to support educator
evaluations.
(j) The summative assessment system shall ensure that the
reports provided to districts containing individual student data
are available within 60 days after completion of the assessments.
(k) The summative assessment system shall ensure that access
to individually identifiable student data meets all of the
following:
(i) Is in compliance with 20 USC 1232g, commonly referred to
as the family educational rights and privacy act of 1974.
(ii) Except as may be provided for in an agreement with a
vendor to provide assessment services, as necessary to support
educator evaluations pursuant to subdivision (i), or for research
or program evaluation purposes, is available only to the student;
to the student's parent or legal guardian; and to a school
administrator or teacher, to the extent that he or she has a
legitimate educational interest.
(l) The summative assessment system shall ensure that the
assessments are pilot tested before statewide implementation.
(m) The summative assessment system shall ensure that
assessments are designed so that the maximum total combined length
of time that schools are required to set aside for a pupil to
answer all test questions on all assessments that are part of the
system for the pupil's grade level does not exceed that maximum
total combined length of time for the previous statewide assessment
system or 9 hours, whichever is less. This subdivision does not
limit the amount of time a district may allow a pupil to complete a
test.
(n) The total cost of executing the summative assessment
system statewide each year, including, but not limited to, the cost
of contracts for administration, scoring, and reporting, shall not
exceed an amount equal to 2 times the cost of executing the
previous statewide assessment after adjustment for inflation.
(4) Beginning in the 2015-2016 school year, the department
shall field test assessments in the fall and spring of each school
year to measure English language arts and mathematics in each of
grades
K to 2 for full implementation in subsequent school years.
when the assessments have been successfully field tested. This full
implementation shall occur not later than the 2018-2019 school
year. These assessments are necessary to determine a pupil's
proficiency level before grade 3.
(5) This section does not prohibit districts from adopting
interim assessments.
(6) As used in this section, "English language arts" means
that term as defined in section 104b.
