Bill Text: MI HB5659 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Education; school districts; third-party accrediting of schools; allow, and provide that department establish list of approved private accreditors. Amends secs. 523, 1204a, 1277, 1277a, 1278, 1278b, 1280, 1280a, 1280b & 1280e of 1976 PA 451 (MCL 380.523 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-12-11 - Referred To Committee Of The Whole [HB5659 Detail]
Download: Michigan-2011-HB5659-Engrossed.html
HB-5659, As Passed House, June 14, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 5659
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 523, 1204a, 1277, 1277a, 1278, 1278b, 1280a,
1280b, and 1280e (MCL 380.523, 380.1204a, 380.1277, 380.1277a,
380.1278, 380.1278b, 380.1280a, 380.1280b, and 380.1280e), section
523 as amended and section 1280e as added by 2011 PA 277, section
1204a as amended by 1996 PA 159, section 1277 as amended by 1997 PA
179, sections 1277a and 1280a as added by 1993 PA 335, section 1278
as amended by 2004 PA 596, section 1278b as amended by 2010 PA 80,
and section 1280b as added by 2000 PA 230.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 523. (1) An authorizing body is not required to issue a
contract to any entity. Urban high school academy contracts shall
be issued on a competitive basis taking into consideration the
resources available for the proposed urban high school academy, the
population to be served by the proposed urban high school academy,
and the educational goals to be achieved by the proposed urban high
school academy. In evaluating if an applicant is qualified, the
authorizing body shall examine the proposed performance standards,
proposed academic program, financial viability of the applicant,
and the ability of the proposed board of directors to meet the
contract goals and objectives. An authorizing body shall give
priority to applicants that demonstrate all of the following:
(a) The proposed school will operate at least all of grades 9
through 12 within 5 years after beginning operation.
(b) The proposed school will occupy a building or buildings
that are newly constructed or renovated after January 1, 2003.
(c) The proposed school has a stated goal of increasing high
school graduation rates.
(d) The proposed school has received commitments for financial
and educational support from the entity applying for the contract.
(e) The entity that submits the application for a contract has
net assets of at least $50,000,000.00.
(2) A contract issued to organize and administer an urban high
school academy shall contain at least all of the following:
(a) The educational goals the urban high school academy is to
achieve and the methods by which it will be held accountable. The
educational goals shall include demonstrated improved pupil
academic achievement for all groups of pupils. To the extent
applicable, the pupil performance of an urban high school academy
shall be assessed using at least a Michigan education assessment
program (MEAP) test or the Michigan merit examination developed
under section 1279g, as applicable.
(b) A description of the method to be used to monitor the
urban high school academy's compliance with applicable law and its
performance in meeting its targeted educational objectives.
(c) A description of the process for amending the contract
during the term of the contract. An authorizing body may approve
amendment of the contract with respect to any provision contained
in the contract.
(d) A certification, signed by an authorized member of the
urban high school academy board of directors, that the urban high
school academy will comply with the contract and all applicable
law.
(e) Procedures for revoking the contract and grounds for
revoking the contract.
(f) A description of and address for the proposed building or
buildings in which the urban high school academy will be located.
(g) Requirements and procedures for financial audits. The
financial audits shall be conducted at least annually by an
independent certified public accountant in accordance with
generally accepted governmental auditing principles.
(h) A requirement that the board of directors shall ensure
compliance with the requirements of 1968 PA 317, MCL 15.321 to
15.330.
(i) A requirement that the board of directors shall prohibit
specifically identified family relationships between members of the
board of directors, individuals who have an ownership interest in
or who are officers or employees of an educational management
company involved in the operation of the urban high school academy,
and employees of the urban high school academy. The contract shall
identify the specific prohibited relationships consistent with
applicable law.
(j) A requirement that the board of directors of the urban
high school academy shall make information concerning its operation
and management available to the public and to the authorizing body
in the same manner as is required by state law for school
districts.
(k) A requirement that the board of directors of the urban
high school academy shall collect, maintain, and make available to
the public and the authorizing body, in accordance with applicable
law and the contract, at least all of the following information
concerning the operation and management of the urban high school
academy:
(i) A copy of the contract issued by the authorizing body for
the urban high school academy.
(ii) A list of currently serving members of the board of
directors of the urban high school academy, including name,
address, and term of office; copies of policies approved by the
board of directors; board meeting agendas and minutes; copy of the
budget approved by the board of directors and of any amendments to
the budget; and copies of bills paid for amounts of $10,000.00 or
more as they were submitted to the board of directors.
(iii) Quarterly financial reports submitted to the authorizing
body.
(iv) A current list of teachers working at the urban high
school academy that includes their individual salaries as submitted
to the registry of educational personnel; copies of the teaching
certificates or permits of current teaching staff; and evidence of
compliance with the criminal background and records checks and
unprofessional conduct check required under sections 1230, 1230a,
and 1230b for all teachers and administrators working at the urban
high school academy.
(v) Curriculum documents and materials given to the
authorizing body.
(vi) Proof of insurance as required by the contract.
(vii) Copies of facility leases or deeds, or both, and of any
equipment leases.
(viii) Copies of any management contracts or services contracts
approved by the board of directors.
(ix) All health and safety reports and certificates, including
those relating to fire safety, environmental matters, asbestos
inspection, boiler inspection, and food service.
(x) Any management letters issued as part of the annual
financial audit under subdivision (g).
(xi) Any other information specifically required under this
act.
(l) A requirement that the authorizing body must review and may
disapprove any agreement between the board of directors and an
educational management company before the agreement is final and
valid. An authorizing body may disapprove an agreement described in
this subdivision only if the agreement is contrary to the contract
or applicable law.
(m) A requirement that the board of directors shall
demonstrate all of the following to the satisfaction of the
authorizing body with regard to its pupil admission process:
(i) That the urban high school academy has made a reasonable
effort to advertise its enrollment openings.
(ii) That the urban high school academy has made the following
additional efforts to recruit pupils who are eligible for special
education programs and services to apply for admission:
(A) Reasonable efforts to advertise all enrollment openings to
organizations and media that regularly serve and advocate for
individuals with disabilities within the boundaries of the
intermediate school district in which the urban high school academy
is located.
(B) Inclusion in all pupil recruitment materials of a
statement that appropriate special education services will be made
available to pupils attending the school as required by law.
(iii) That the open enrollment period for the urban high school
academy is for a duration of at least 2 weeks and that the
enrollment times include some evening and weekend times.
(n) A requirement that the board of directors shall prohibit
any individual from being employed by the urban high school academy
in more than 1 full-time position and simultaneously being
compensated at a full-time rate for each of those positions.
(o) A requirement that, if requested, the board of directors
shall report to the authorizing body the total compensation for
each individual working at the urban high school academy.
(p) The term of the contract and a description of the process
and standards for renewal of the contract at the end of the term.
The standards for renewal shall include increases in academic
achievement for all groups of pupils as measured by assessments and
other objective criteria as the most important factor in the
decision of whether or not to renew the contract.
(3) An urban high school academy shall comply with all
applicable law, including all of the following:
(a) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(b) The freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(c) 1947 PA 336, MCL 423.201 to 423.217.
(d) 1965 PA 166, MCL 408.551 to 408.558.
(e) 1978 PA 566, MCL 15.181 to 15.185.
(f) 1968 PA 317, MCL 15.321 to 15.330.
(g) The uniform budgeting and accounting act, 1968 PA 2, MCL
141.421 to 141.440a.
(h) The revised municipal finance act, 2001 PA 34, MCL
141.2101 to 141.2821.
(i) The federal no child left behind act of 2001, Public Law
107-110. ,
115 Stat. 1425.
(j) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, and 1274.
,
and 1280.
(k) Laws concerning participation in state assessments, data
collection systems, state level student growth models, state
accountability and accreditation systems, and other public
comparative data collection required for public schools.
(4) An urban high school academy and its incorporators, board
members, officers, employees, and volunteers have governmental
immunity as provided in section 7 of 1964 PA 170, MCL 691.1407. An
authorizing body and its board members, officers, and employees are
immune from civil liability, both personally and professionally,
for any acts or omissions in authorizing or oversight of an urban
high school academy if the authorizing body or the person acted or
reasonably believed he or she acted within the authorizing body's
or the person's scope of authority.
(5) An urban high school academy is exempt from all taxation
on its earnings and property. Unless the property is already fully
exempt from real and personal property taxes under the general
property tax act, 1893 PA 206, MCL 211.1 to 211.155, property
occupied by an urban high school academy and used exclusively for
educational purposes is exempt from real and personal property
taxes levied for school operating purposes under section 1211, to
the extent exempted under that section, and from real and personal
property taxes levied under the state education tax act, 1993 PA
331, MCL 211.901 to 211.906. Instruments of conveyance to or from
an urban high school academy are exempt from all taxation,
including taxes imposed by 1966 PA 134, MCL 207.501 to 207.513. An
urban high school academy may not levy ad valorem property taxes or
any other tax for any purpose.
(6) An urban high school academy may acquire by purchase,
gift, devise, lease, sublease, installment purchase agreement, land
contract, option, or any other means, hold, and own in its own name
buildings and other property for school purposes, and interests
therein, and other real and personal property, including, but not
limited to, interests in property subject to mortgages, security
interests, or other liens, necessary or convenient to fulfill its
purposes. For the purposes of condemnation, an urban high school
academy may proceed under the uniform condemnation procedures act,
1980 PA 87, MCL 213.51 to 213.75, excluding sections 6 to 9 of that
act, MCL 213.56 to 213.59, or other applicable statutes, but only
with the express, written permission of the authorizing body in
each instance of condemnation and only after just compensation has
been determined and paid.
Sec.
1204a. (1) In addition to the requirements specified in
section
1280 for accreditation under that section, if the board of
a
school district wants all of its schools to be accredited under
section
1280, the board The board of
a school district shall
prepare and submit to the state board not later than September 1
each year, and shall provide that each school in the school
district distributes to the public at an open meeting not later
than October 15 each year, an annual educational report. The annual
educational report shall include, but is not limited to, all of the
following information for each public school in the school
district:
(a) The accreditation status of each school within the school
district, the process by which pupils are assigned to particular
schools, and a description of each specialized school.
(b) The status of the 3- to 5-year school improvement plan as
described in section 1277 for each school within the school
district.
(c) A copy of the core academic curriculum and a description
of its implementation, including how pupils are ensured enrollment
in those courses or subjects necessary for them to receive adequate
instruction in all of the core academic curriculum, and the
variances and explanation for the variances from the model core
academic curriculum developed by the state board pursuant to
section 1278(2).
(d) A report for each school of aggregate student achievement
based upon the results of any locally-administered student
competency tests, statewide assessment tests, or nationally normed
achievement tests that were given to pupils attending school in the
school district.
(e) For the year in which the report is filed and the previous
school year, the district pupil retention report as defined in
section
6 of the state school aid act of 1979, being section
388.1606
of the Michigan Compiled Laws.MCL
388.1606.
(f) The number and percentage of parents, legal guardians, or
persons in loco parentis with pupils enrolled in the school
district who participate in parent-teacher conferences for pupils
at the elementary, middle, and secondary school level, as
appropriate.
(g) Beginning in the 1996-97 school year, if the school is a
high school, all of the following:
(i) The number and percentage of pupils enrolled in the school
who enrolled during the immediately preceding school year in 1 or
more postsecondary courses under the postsecondary enrollment
options act, 1996 PA 160, MCL 388.511 to 388.524, or under the
career and technical preparation act, 2000 PA 258, MCL 388.1901 to
388.1913, or under section 21b of the state school aid act of 1979,
being
section 388.1621b of the Michigan Compiled Laws.MCL
388.1621b.
(ii) The number of college level equivalent courses offered to
pupils enrolled in the school, in the school district, and in
consortia or cooperative programs available to pupils of the school
district.
(iii) The number and percentage of pupils enrolled in the school
who were enrolled in at least 1 college level equivalent course
during the immediately preceding school year, disaggregated by
grade level.
(iv) The number and percentage of pupils described in
subparagraph (iii) who took a college level equivalent credit
examination.
(v) The number and percentage of pupils described in
subparagraph (iv) who achieved a score on a college level equivalent
credit examination that is at or above the level recommended by the
testing service for college credit.
(h) A comparison with the immediately preceding school year of
the information required by subdivisions (a) through (g).
(2) At least annually, the department shall prepare and submit
to the legislature a report of the information described in
subsection (1)(g), aggregated for statewide and intermediate school
district totals, using the information submitted by school
districts.
(3) The state board shall prepare and make available to school
districts suggestions for accumulating the information listed in
subsection (1) and a model annual educational report for school
districts to consider in the implementation of this section.
(4) As used in this section, "college level equivalent course"
and "college level equivalent credit examination" mean those terms
as
defined in part 14a.20a.
Sec. 1277. (1) Considering criteria established by the state
board,
in addition to the requirements specified in section 1280
for
accreditation under that section, if the board of a school
district
wants all of the schools of the school district to be
accredited
under section 1280, the board of a school district shall
adopt and implement and, not later than September 1 each year,
shall make available to the department a copy of a 3- to 5-year
school improvement plan and continuing school improvement process
for each school within the school district. The school improvement
plans shall include, but are not limited to, a mission statement,
goals based on student academic objectives for all students,
curriculum alignment corresponding with those goals, evaluation
processes, staff development, development and utilization of
community resources and volunteers, the role of adult and community
education, libraries and community colleges in the learning
community, and building level decision making. School board
members, school building administrators, teachers and other school
employees, pupils, parents of pupils attending that school, and
other residents of the school district shall be invited and allowed
to voluntarily participate in the development, review, and
evaluation of the district's school improvement plans. Upon request
of the board of a school district, the department and the
intermediate school district shall assist the school district in
the development and implementation of district school improvement
plans. Educational organizations may also provide assistance for
these purposes. School improvement plans described in this section
shall be updated annually by each school and by the board of the
school district.
(2) School improvement plans shall include at least all of the
following additional matters:
(a) Goals centered on student academic learning.
(b) Strategies to accomplish the goals.
(c) Evaluation of the plan.
(d) Development of alternative measures of assessment that
will provide authentic assessment of pupils' achievements, skills,
and competencies.
(e) Methods for effective use of technology as a way of
improving learning and delivery of services and for integration of
evolving technology in the curriculum.
(f) Ways to make available in as many fields as practicable
opportunities for structured on-the-job learning, such as
apprenticeships and internships, combined with classroom
instruction.
(3) Each intermediate school board shall adopt and implement
and, not later than September 1 each year, shall make available to
the department a copy of a 3- to 5-year intermediate school
district school improvement plan and continuing school improvement
process for the intermediate school district. Constituent and
intermediate school board members, school building administrators,
teachers and other school employees, pupils, parents of pupils, and
residents of the intermediate school district shall be invited and
allowed to voluntarily participate in the development, review, and
evaluation of the intermediate school district's school improvement
plan. Upon request of the intermediate school board, the department
shall assist the intermediate school district in the development
and implementation of an intermediate school district school
improvement plan. An intermediate school district school
improvement plan described in this section shall be updated
annually by the intermediate school board. An intermediate school
district school improvement plan shall include at least all of the
following:
(a) Methods to assist districts in improving pupils' academic
learning.
(b) Assurance that all pupils have reasonable access to all
programs offered by the intermediate school district, including,
but not limited to, transportation if necessary.
(c) A plan for professional development that supports academic
learning.
(d) Methods to assist school districts in integrating applied
academics and career and employability skills into all curricular
areas.
(e) Ways to make available in as many fields as practicable
opportunities for structured on-the-job learning, such as
apprenticeships and internships, combined with classroom
instruction.
(f) Collaborative efforts with supporting agencies that
enhance academic learning.
(g) Long-range cost containment measures, including additional
services that might be provided at reduced costs by the
intermediate school district or through cooperative programs, and
cost reduction programs such as interdistrict cooperation in
special education and other programs and services.
(h) To the extent that it would improve school effectiveness,
specific recommendations on consolidation or enhanced interdistrict
cooperation, or both, along with possible sources of revenue.
(i) Evaluation of the plan.
(4) The state board shall annually review a random sampling of
school improvement plans. Based on its review, the state board
shall annually submit a report on school improvement activities
planned and accomplished by each of the school districts and
intermediate school districts that were part of the sampling to the
senate and house committees that have the responsibility for
education legislation.
Sec.
1277a. (1) Beginning in the 1994-95 school year, in
addition
to the requirements specified in section 1280 for
accreditation
under that section, if the board of a school district
wants
all of the schools in the school district to be accredited
under
section 1280, the board of a school district shall ensure all
of the following:
(a) That all information assembled regarding each school
building within the school district to prepare the school's annual
educational report, as described in section 1204a, is disaggregated
by gender and is provided to the individuals participating in the
development of the district's school improvement plan under section
1277.
(b) That all gender equity issues raised by the disaggregated
information described in subdivision (a) are addressed as part of
the planning, development, implementation, evaluation, and updating
of the school improvement plan of each school within the school
district under section 1277 or, if such an issue is not addressed,
that an explanation is made to the community of the reason or
reasons why the issue is not addressed. An explanation for not
addressing a gender equity issue may be included in the school's
annual educational report under section 1204a.
(2) Upon request by a school district, intermediate school
district, or school, the department shall provide advice and
technical assistance to the district or school on meeting the
requirements of this section.
Sec.
1278. (1) In addition to the requirements for
accreditation
under section 1280 specified in that section, if the
board
of a school district wants all of the schools of the school
district
to be accredited under section 1280, the board The board
of a school district shall provide to all pupils attending public
school in the district a core academic curriculum in compliance
with subsection (3) in each of the curricular areas specified in
the state board recommended model core academic curriculum content
standards developed under subsection (2). The state board model
core academic curriculum content standards shall encompass academic
and cognitive instruction only. For purposes of this section, the
state board model core academic curriculum content standards shall
not include attitudes, beliefs, or value systems that are not
essential in the legal, economic, and social structure of our
society and to the personal and social responsibility of citizens
of our society.
(2) Recommended model core academic curriculum content
standards shall be developed and periodically updated by the state
board, shall be in the form of knowledge and skill content
standards that are recommended as state standards for adoption by
public schools in local curriculum formulation and adoption, and
shall be distributed to each school district in the state. The
recommended model core academic curriculum content standards shall
set forth desired learning objectives in math, science, reading,
history, geography, economics, American government, and writing for
all children at each stage of schooling and be based upon the
"Michigan K-12 program standards of quality" to ensure that high
academic standards, academic skills, and academic subject matters
are built into the instructional goals of all school districts for
all children. The state board also shall ensure that the Michigan
educational assessment program and the Michigan merit examination
are based on the state recommended model core curriculum content
standards, are testing only for proficiency in basic and advanced
academic skills and academic subject matter, and are not used to
measure pupils' values or attitudes.
(3) The board of each school district, considering academic
curricular objectives defined and recommended pursuant to
subsection (2), shall do both of the following:
(a) Establish a core academic curriculum for its pupils at the
elementary, middle, and secondary school levels. The core academic
curriculum shall define academic objectives to be achieved by all
pupils and shall be based upon the school district's educational
mission, long-range pupil goals, and pupil performance objectives.
The core academic curriculum may vary from the model core academic
curriculum content standards recommended by the state board
pursuant to subsection (2).
(b) After consulting with teachers and school building
administrators, determine the aligned instructional program for
delivering the core academic curriculum and identify the courses
and programs in which the core academic curriculum will be taught.
(4) The board may supplement the core academic curriculum by
providing instruction through additional classes and programs.
(5) For all pupils, the subjects or courses, and the delivery
of those including special assistance, that constitute the
curriculum the pupils engage in shall assure the pupils have a
realistic opportunity to learn all subjects and courses required by
the district's core academic curriculum. A subject or course
required by the core academic curriculum pursuant to subsection (3)
shall be provided to all pupils in the school district by a school
district, a consortium of school districts, or a consortium of 1 or
more school districts and 1 or more intermediate school districts.
(6) To the extent practicable, the state board may adopt or
develop academic objective-oriented high standards for knowledge
and life skills, and a recommended core academic curriculum, for
special education pupils for whom it may not be realistic or
desirable to expect achievement of initial mastery of the state
board recommended model core academic content standards objectives
or of a high school diploma.
(7) The state board shall make available to all nonpublic
schools in this state, as a resource for their consideration, the
model core academic curriculum content standards developed for
public schools pursuant to subsection (2) for the purpose of
assisting the governing body of a nonpublic school in developing
its core academic curriculum.
(8) Excluding special education pupils, pupils having a
learning disability, and pupils with extenuating circumstances as
determined by school officials, a pupil who does not score
satisfactorily on the 4th or 7th grade Michigan educational
assessment program reading test shall be provided special
assistance reasonably expected to enable the pupil to bring his or
her reading skills to grade level within 12 months.
(9) Any course that would have been considered a nonessential
elective course under Snyder v Charlotte School Dist, 421 Mich 517
(1984), on April 13, 1990 shall continue to be offered to resident
pupils of nonpublic schools on a shared time basis.
Sec. 1278b. (1) Except as otherwise provided in this section
or section 1278a, beginning with pupils entering grade 8 in 2006,
as part of the requirements under section 1278a the board of a
school district or board of directors of a public school academy
shall not award a high school diploma to a pupil unless the pupil
has successfully completed all of the following credit requirements
of the Michigan merit standard before graduating from high school:
(a) At least 4 credits in English language arts that are
aligned with subject area content expectations developed by the
department and approved by the state board under this section.
(b) At least 3 credits in science that are aligned with
subject area content expectations developed by the department and
approved by the state board under this section, including
completion of at least biology and either chemistry or physics. The
legislature strongly encourages pupils to complete a fourth credit
in science, such as forensics, astronomy, Earth science,
agricultural science, environmental science, geology, physics or
chemistry, physiology, or microbiology.
(c) The credit requirements specified in section 1278a(1)(a)(i)
to (iv).
(2) If a pupil successfully completes 1 or more of the high
school credits required under subsection (1) or under section
1278a(1) before entering high school, the pupil shall be given high
school credit for that credit.
(3) For the purposes of this section and section 1278a, the
department shall do all of the following:
(a) Develop subject area content expectations that apply to
the credit requirements of the Michigan merit standard that are
required under subsection (1)(a) and (b) and section 1278a(1)(a)(i)
and (ii) and develop guidelines for the remaining credit
requirements of the Michigan merit standard that are required under
this section and section 1278a(1)(a), for the online course or
learning experience required under section 1278a(1)(b), and for the
requirements for a language other than English under section
1278a(2). All of the following apply to these subject area content
expectations and guidelines:
(i) All subject area content expectations shall be consistent
with the state board recommended model core academic curriculum
content standards under section 1278. Subject area content
expectations or guidelines shall not include attitudes, beliefs, or
value systems that are not essential in the legal, economic, and
social structure of our society and to the personal and social
responsibility of citizens of our society. The subject area content
expectations shall require pupils to demonstrate critical thinking
skills.
(ii) The subject area content expectations and the guidelines
must be approved by the state board under subsection (4).
(iii) The subject area content expectations shall state in clear
and measurable terms what pupils are expected to know upon
completion of each credit.
(iv) The department shall complete the development of the
subject area content expectations that apply to algebra I and the
guidelines for the online course or learning experience under
section 1278a(1)(b) not later than August 1, 2006.
(v) The department shall complete development of the subject
area content expectations or guidelines that apply to each of the
other credits required in the Michigan merit standard under
subsection (1) and section 1278a(1)(a) not later than 1 year before
the beginning of the school year in which a pupil entering high
school in 2007 would normally be expected to complete the credit.
(vi) If the department has not completed development of the
subject area content expectations that apply to a particular credit
required in the Michigan merit standard under subsection (1) or
section 1278a(1)(a) by the date required under this subdivision, a
school district or public school academy may align the content of
the credit with locally adopted standards.
(vii) Until all of the subject area content expectations and
guidelines have been developed by the department and approved by
the state board, the department shall submit a report at least
every 6 months to the senate and house standing committees
responsible for education legislation on the status of the
development of the subject area content expectations and
guidelines. The report shall detail any failure by the department
to meet a deadline established under subparagraph (iv) or (v) and
the reasons for that failure.
(b) Develop and implement a process for developing the subject
area content expectations and guidelines required under this
section. This process shall provide for all of the following:
(i) Soliciting input from all of the following groups:
(A) Recognized experts in the relevant subject areas.
(B) Representatives from 4-year colleges or universities,
community colleges, and other postsecondary institutions.
(C) Teachers, administrators, and school personnel who have
specialized knowledge of the subject area.
(D) Representatives from the business community.
(E) Representatives from vocational and career and technical
education providers.
(F) Government officials, including officials from the
legislature.
(G) Parents of public school pupils.
(ii) A review of the subject area content expectations or
guidelines by national experts.
(iii) An opportunity for the public to review and provide input
on the proposed subject area content expectations or guidelines
before they are submitted to the state board for approval. The time
period allowed for this review and input shall be at least 15
business days.
(c) Determine the basic level of technology and internet
access required for pupils to complete the online course or
learning experience requirement of section 1278a(1)(b), and submit
that determination to the state board for approval.
(d) Develop and make available material to assist school
districts and public school academies in implementing the
requirements of this section and section 1278a. This shall include
developing guidelines for alternative instructional delivery
methods as described in subsection (7).
(4) The state board shall approve subject area content
expectations and guidelines developed by the department under
subsection (3) before those subject area content expectations and
guidelines may take effect. The state board also shall approve the
basic level of technology and internet access required for pupils
to complete the online course or learning experience requirement of
section 1278a(1)(b).
(5) The parent or legal guardian of a pupil who has completed
grade 9, a teacher who is currently teaching the pupil, who
currently teaches in or whose expertise is in a subject area
proposed to be modified by the personal curriculum, or who is
determined by the principal to have qualifications otherwise
relevant to developing a personal curriculum, or a school counselor
or school employee qualified to act in a counseling role under
section 1233 or 1233a may request a personal curriculum under this
subsection for the pupil that modifies certain of the Michigan
merit standard requirements under subsection (1) or section
1278a(1)(a). A teacher, school counselor, or school employee
qualified to act in a counseling role under section 1233 or 1233a
may contact a pupil's parent or legal guardian to discuss the
possibility and potential benefits of a personal curriculum under
this subsection for the pupil. If all of the requirements under
this subsection for a personal curriculum are met, then the board
of a school district or board of directors of a public school
academy may award a high school diploma to a pupil who successfully
completes his or her personal curriculum even if it does not meet
the requirements of the Michigan merit standard required under
subsection (1) and section 1278a(1)(a). All of the following apply
to a personal curriculum:
(a) The personal curriculum shall be developed by a group that
includes at least the pupil, at least 1 of the pupil's parents or
the pupil's legal guardian, a teacher described in this
subdivision, and the pupil's high school counselor or another
designee qualified to act in a counseling role under section 1233
or 1233a selected by the high school principal. In addition, for a
pupil who receives special education services, a school
psychologist should also be included in this group. The teacher
included in the group developing the personal curriculum shall be a
teacher who is currently teaching the pupil, who currently teaches
in or whose expertise is in a subject area being modified by the
personal curriculum, or who is determined by the principal to have
qualifications otherwise relevant to the group.
(b) The personal curriculum shall incorporate as much of the
subject area content expectations of the Michigan merit standard
required under subsection (1) and section 1278a(1)(a) as is
practicable for the pupil; shall establish measurable goals that
the pupil must achieve while enrolled in high school and shall
provide a method to evaluate whether the pupil achieved these
goals; and shall be aligned with the pupil's educational
development plan developed under subsection (11).
(c) Before it takes effect, the personal curriculum must be
agreed to by the pupil's parent or legal guardian and by the
superintendent of the school district or chief executive of the
public school academy or his or her designee.
(d) The pupil's parent or legal guardian shall be in
communication with each of the pupil's teachers at least once each
calendar quarter to monitor the pupil's progress toward the goals
contained in the pupil's personal curriculum.
(e) Revisions may be made in the personal curriculum if the
revisions are developed and agreed to in the same manner as the
original personal curriculum.
(f) The English language arts credit requirements of
subsection (1)(a) and the science credit requirements of subsection
(1)(b) are not subject to modification as part of a personal
curriculum under this subsection.
(g) The mathematics credit requirements of section
1278a(1)(a)(i) may be modified as part of a personal curriculum if
the pupil successfully completes at least 3-1/2 total credits of
the mathematics credits required under that section before
completing high school, including algebra I and geometry, and
successfully completes at least 1 mathematics course during his or
her final year of high school. The algebra II credit required under
that section may be modified as part of a personal curriculum under
this subsection if the pupil meets 1 or more of the following:
(i) Successfully completes the same content as 1 semester of
algebra II, as determined by the department.
(ii) Elects to complete the same content as algebra II over 2
years, with a credit awarded for each of those 2 years, and
successfully completes that content.
(iii) Enrolls in a formal career and technical education program
or curriculum and in that program or curriculum successfully
completes the same content as 1 semester of algebra II, as
determined by the department.
(iv) Successfully completes 1 semester of statistics or
functions and data analysis.
(h) The social science credit requirements of section
1278a(1)(a)(ii) may be modified as part of a personal curriculum
only if all of the following are met:
(i) The pupil has successfully completed 2 credits of the
social science credits required under section 1278a(1), including
the civics course described in section 1166(2).
(ii) The modification requires the pupil to complete 1
additional credit in English language arts, mathematics, or science
or 1 additional credit in a language other than English. This
additional credit must be in addition to the number of those
credits otherwise required under subsection (1) and section
1278a(1) or under section 1278a(2).
(i) The health and physical education credit requirement under
section 1278a(1)(a)(iii) may be modified as part of a personal
curriculum only if the modification requires the pupil to complete
1 additional credit in English language arts, mathematics, or
science or 1 additional credit in a language other than English.
This additional credit must be in addition to the number of those
credits otherwise required under subsection (1) and section
1278a(1) or under section 1278a(2).
(j) The visual arts, performing arts, or applied arts credit
requirement under section 1278a(1)(a)(iv) may be modified as part of
a personal curriculum only if the modification requires the pupil
to complete 1 additional credit in English language arts,
mathematics, or science or 1 additional credit in a language other
than English. This additional credit must be in addition to the
number of those credits otherwise required under subsection (1) and
section 1278a(1) or under section 1278a(2).
(k) If the parent or legal guardian of a pupil requests as
part of the pupil's personal curriculum a modification of the
Michigan merit standard requirements that would not otherwise be
allowed under this section and demonstrates that the modification
is necessary because the pupil is a child with a disability, the
school district or public school academy may allow that additional
modification to the extent necessary because of the pupil's
disability if the group under subdivision (a) determines that the
modification is consistent with both the pupil's educational
development plan under subsection (11) and the pupil's
individualized education program. If the superintendent of public
instruction has reason to believe that a school district or a
public school academy is allowing modifications inconsistent with
the requirements of this subdivision, the superintendent of public
instruction shall monitor the school district or public school
academy to ensure that the school district's or public school
academy's policies, procedures, and practices are in compliance
with the requirements for additional modifications under this
subdivision. As used in this subdivision, "child with a disability"
means that term as defined in 20 USC 1401.
(l) If a pupil transfers to a school district or public school
academy from out of state or from a nonpublic school, the pupil's
parent or legal guardian may request, as part of the pupil's
personal curriculum, a modification of the Michigan merit standard
requirements that would not otherwise be allowed under this
section. The school district or public school academy may allow
this additional modification for a transfer pupil if all of the
following are met:
(i) The transfer pupil has successfully completed at least the
equivalent of 2 years of high school credit out of state or at a
nonpublic school. The school district or public school academy may
use appropriate assessment examinations to determine what credits,
if any, the pupil has earned out of state or at a nonpublic school
that may be used to satisfy the curricular requirements of the
Michigan merit standard and this subdivision.
(ii) The transfer pupil's personal curriculum incorporates as
much of the subject area content expectations of the Michigan merit
standard as is practicable for the pupil.
(iii) The transfer pupil's personal curriculum requires the
pupil to successfully complete at least 1 mathematics course during
his or her final year of high school enrollment. In addition, if
the transfer pupil is enrolled in the school district or public
school academy for at least 1 full school year, both of the
following apply:
(A) The transfer pupil's personal curriculum shall require
that this mathematics course is at least algebra I.
(B) If the transfer pupil demonstrates that he or she has
mastered the content of algebra I, the transfer pupil's personal
curriculum shall require that this mathematics course is a course
normally taken after completing algebra I.
(iv) The transfer pupil's personal curriculum includes the
civics course described in section 1166(2).
(m) If a pupil is at least age 18 or is an emancipated minor,
the pupil may act on his or her own behalf under this subsection.
(n) This subsection does not apply to a pupil enrolled in a
high school that is designated as a specialty school under section
1278a(5) and that is exempt under that section from the English
language arts requirement under subsection (1)(a) and the social
science credit requirement under section 1278a(1)(a)(ii).
(6) If a pupil receives special education services, the
pupil's individualized education program, in accordance with the
individuals with disabilities education act, title VI of Public Law
91-230, shall identify the appropriate course or courses of study
and identify the supports, accommodations, and modifications
necessary to allow the pupil to progress in the curricular
requirements of this section and section 1278a, or in a personal
curriculum as provided under subsection (5), and meet the
requirements for a high school diploma.
(7) The board of a school district or board of directors of a
public school academy that operates a high school shall ensure that
each pupil is offered the curriculum necessary for the pupil to
meet the curricular requirements of this section and section 1278a.
The board or board of directors may provide this curriculum by
providing the credits specified in this section and section 1278a,
by using alternative instructional delivery methods such as
alternative course work, humanities course sequences, career and
technical education, industrial technology courses, or vocational
education, or by a combination of these. School districts and
public school academies that operate career and technical education
programs are encouraged to integrate the credit requirements of
this section and section 1278a into those programs.
(8)
If the board of a school district or board of directors of
a
public school academy wants its high school to be accredited
under
section 1280, the board or board of directors The board of a
school district or board of directors of a public school academy
shall ensure that all elements of the curriculum required under
this section and section 1278a are made available to all affected
pupils. If a school district or public school academy does not
offer all of the required credits, the board of the school district
or board of directors of the public school academy shall ensure
that the pupil has access to the required credits by another means,
such as enrollment in a postsecondary course under the
postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to
388.524; enrollment in an online course; a cooperative arrangement
with a neighboring school district or with a public school academy;
or granting approval under section 6(6) of the state school aid act
of 1979, MCL 388.1606, for the pupil to be counted in membership in
another school district.
(9) If a pupil is not successfully completing a credit
required for graduation under this section and section 1278a, or is
identified as being at risk of withdrawing from high school, then
the pupil's school district or public school academy shall notify
the pupil's parent or legal guardian or, if the pupil is at least
age 18 or is an emancipated minor, the pupil, of the availability
of tutoring or other supplemental educational support and
counseling services that may be available to the pupil under
existing state or federal programs, such as those programs or
services available under section 31a of the state school aid act of
1979, MCL 388.1631a, or under the no child left behind act of 2001,
Public Law 107-110.
(10) To the extent required by the no child left behind act of
2001, Public Law 107-110, the board of a school district or public
school academy shall ensure that all components of the curricular
requirements under this section and section 1278a are taught by
highly qualified teachers. If a school district or public school
academy demonstrates to the department that the school district or
public school academy is unable to meet the requirements of this
section because the school district or public school academy is
unable to hire enough highly qualified teachers, the department
shall work with the school district or public school academy to
develop a plan to allow the school district or public school
academy to hire enough highly qualified teachers to meet the
requirements of this section.
(11) The board of a school district or board of directors of a
public school academy shall provide the opportunity for each pupil
to develop an educational development plan during grade 7, and
shall ensure that each pupil reviews his or her educational
development plan during grade 8 and revises it as appropriate
before he or she begins high school. An educational development
plan shall be developed, reviewed, and revised by the pupil under
the supervision of the pupil's school counselor or another designee
qualified to act in a counseling role under section 1233 or 1233a
selected by the school principal and shall be based on high school
readiness scores and a career pathways program or similar career
exploration program. An educational development plan shall be
designed to assist pupils to identify career development goals as
they relate to academic requirements.
(12) Except as otherwise provided in this subsection, if a
school district or public school academy is unable to implement all
of the curricular requirements of this section and section 1278a
for pupils entering grade 9 in 2007 or is unable to implement
another requirement of this section or section 1278a, the school
district or public school academy may apply to the department for
permission to phase in 1 or more of the requirements of this
section or section 1278a. To apply, the school district or public
school academy shall submit a proposed phase-in plan to the
department. The department shall approve a phase-in plan if the
department determines that the plan will result in the school
district or public school academy making satisfactory progress
toward full implementation of the requirements of this section and
section 1278a. If the department disapproves a proposed phase-in
plan, the department shall work with the school district or public
school academy to develop a satisfactory plan that may be approved.
However, if legislation is enacted that adds section 1290 to allow
school districts and public school academies to apply for a
contract that waives certain state or federal requirements, then
this subsection does not apply but a school district or public
school academy may take action as described in subsection (13).
This subsection does not apply to a high school that is designated
as a specialty school under section 1278a(5) and that is exempt
under that section from the English language arts requirement under
subsection (1)(a) and the social science credit requirement under
section 1278a(1)(a)(ii).
(13) If a school district or public school academy does not
offer all of the required credits or provide options to have access
to the required credits as provided under subsection (8) and if
legislation is enacted that adds section 1290 to allow school
districts and public school academies to apply for a contract that
waives certain state or federal requirements, then the school
district or public school academy is encouraged to apply for a
contract under section 1290. The purpose of a contract described in
this subsection is to improve pupil performance.
(14) This section and section 1278a do not prohibit a pupil
from satisfying or exceeding the credit requirements of the
Michigan merit standard under this section and section 1278a
through advanced studies such as accelerated course placement,
advanced placement, dual enrollment in a postsecondary institution,
or participation in the international baccalaureate program or an
early college/middle college program.
(15) Not later than April 1 of each year, the department shall
submit an annual report to the legislature that evaluates the
overall success of the curriculum required under this section and
section 1278a, the rigor and relevance of the course work required
by the curriculum, the ability of public schools to implement the
curriculum and the required course work, and the impact of the
curriculum on pupil success, and that details any activities the
department has undertaken to implement this section and section
1278a or to assist public schools in implementing the requirements
of this section and section 1278a.
Sec. 1280a. The board of a school district or intermediate
school district that operates or participates in a consortium that
operates an alternative educational program pursuant to section
1301, a vocational-technical skills center or other separate
vocational education program, or any other type of specialized or
alternative school or program shall ensure that the requirements of
sections
1204a, 1277a, and 1278 , and 1280 are
met for each of
those schools or programs.
Sec. 1280b. (1) Subject to subsection (2), the board of a
school district, or board of directors of a public school academy
that operates any of grades 1 to 5, shall administer each school
year to all pupils in grades 1 to 5 a nationally-recognized norm-
referenced test or another assessment, which may include a locally-
adopted assessment, approved by the superintendent of public
instruction at the request of the school district or public school
academy.
(2) A school district or public school academy may use the
Michigan literacy progress profile to assess literacy in grades 1
to 3 as part of its compliance with subsection (1).
(3) If a school is designated for participation in the
national assessment of education progress program, the school shall
participate as designated.
(4)
An elementary school that is not in compliance with
subsection
(1) or a school that does not comply with subsection (3)
shall
not be accredited under section 1280.
Sec.
1280e. The Within 20 days
after the board or board of
directors is informed by the appropriate authority of the adequate
yearly progress status of its schools for the purposes of the no
child left behind act of 2001, Public Law 107-110, for the most
recent school year for which it is available, the board of a school
district or intermediate school district or board of directors of a
public
school academy shall do both of the following:
(a)
Within 20 days after the board or board of directors is
informed
by the appropriate authority of the adequate yearly
progress
status of its schools for the purposes of the no child
left
behind act of 2001, Public Law 107-110, for the most recent
school
year for which it is available, post
a notice of the
adequate yearly progress status of each school it operates on the
homepage of its website.
(b)
Within 20 days after the board or board of directors is
informed
by the department of the accreditation status of its
schools
for the purposes of section 1280 for the most recent school
year
for which it is available, post a notice of the accreditation
status
of each school it operates on the homepage of its website.
Enacting section 1. Section 1280 of the revised school code,
1976 PA 451, MCL 380.1280, is repealed.
