HOUSE BILL NO. 5815

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 1278a and 1278b (MCL 380.1278a and 380.1278b), as amended by 2022 PA 105.

the people of the state of michigan enact:

Sec. 1278a. (1) Except as otherwise provided in this section or section 1278b, 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 meets all of the following:

(a) Has successfully completed all of the following credit requirements of the Michigan merit standard before graduating from high school:

(i) At least 4 credits in mathematics that are aligned with subject area content expectations developed by the department and approved by the state board under section 1278b, including completion of at least algebra I, geometry, and algebra II, or an integrated sequence of this course content that consists of 3 credits, and an additional mathematics credit, such as trigonometry, statistics, precalculus, calculus, applied math, accounting, business math, a retake of algebra II, or, for only pupils entering grade 8 before 2023, a course in financial literacy as described in section 1165. A pupil may complete algebra II over 2 years with 2 credits awarded or over 1.5 years with 1.5 credits awarded for the purposes of this section and section 1278b. A pupil also may partially or fully fulfill the algebra II requirement by completing a department-approved formal career and technical education program or curriculum, such as a program or curriculum in electronics, machining, construction, welding, engineering, computer science, or renewable energy, and in that program or curriculum successfully completing the same content as the algebra II benchmarks assessed on the department-prescribed state high school assessment, as determined by the department. The department shall post on its website guidelines for implementation of the immediately preceding sentence. Each pupil must successfully complete at least 1 mathematics course during his or her the pupil's final year of high school enrollment. This subparagraph does not require completion of mathematics courses in any particular sequence.

(ii) At least 3 credits in social science that are aligned with subject area content expectations developed by the department and approved by the state board under section 1278b, including completion of at least 1 credit in United States history and geography, 1 credit in world history and geography, 1/2 credit in economics, and the civics course described in section 1166(2). For only pupils entering grade 8 before 2023, the 1/2-credit economics requirement may be satisfied by completion of at least a 1/2-credit course in personal economics that includes a financial literacy component as described in section 1165, if that course covers the subject area content expectations for economics developed by the department and approved by the state board under section 1278b. The 1/2 credit in economics required under this subparagraph cannot be fulfilled by completion of the 1/2 credit course in personal finance described in subsection (3).

(iii) At least 1 credit in subject matter that includes both health and physical education aligned with guidelines developed by the department and approved by the state board under section 1278b, or at least 1/2 credit in health aligned with guidelines developed by the department and approved by the state board under section 1278b and at least 1/2 credit awarded by the school district or public school academy for approved participation in extracurricular athletics or other extracurricular activities involving physical activity.

(iv) At least 1 credit in visual arts, performing arts, or applied arts, as defined by the department, that is aligned with guidelines developed by the department and approved by the state board under section 1278b. A school district or public school academy is strongly encouraged to offer visual arts and performing arts courses.

(v) The credit requirements specified in section 1278b(1).

(b) Meets the online course or learning experience requirement of this subsection. A school district or public school academy shall provide the basic level of technology and internet access required by the state board to complete the online course or learning experience. For a pupil to meet this requirement, the pupil must meet either of the following, as determined by the school district or public school academy:

(i) Has successfully completed at least 1 course or learning experience that is presented online, as defined by the department.

(ii) The pupil's school district or public school academy has integrated an online experience throughout the high school curriculum by ensuring that each teacher of each course that provides the required credits of the Michigan merit curriculum has integrated an online experience into the course.

(2) Except as otherwise provided in this section, and in addition to the requirements under subsection (1), 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 during grades K to 12 at least 2 credits that are grade-appropriate in a language other than English or course work or other learning experiences that are substantially equivalent to 2 credits in a language other than English, based on guidelines developed by the department. A pupil may partially or fully fulfill 1 credit of this requirement by completing a department-approved formal career and technical education program or curriculum or by completing visual or performing arts instruction that is in addition to the requirements under subsection (1)(a)(iv). The board of a school district or board of directors of a public school academy is strongly encouraged to ensure that all pupils complete at least 1 credit in a language other than English in grades K to 6. For the purposes of this subsection, both of the following apply:

(a) American Sign Language is considered to be a language other than English.

(b) The pupil may meet all or part of this requirement with online course work.

(3) Beginning Subject to subsection (8), beginning with pupils entering grade 8 in 2023, 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 completes a 1/2 credit course in personal finance. that aligns with subject area content expectations developed by the department and approved by the state board under section 1278b. The 1/2 credit course in personal finance must fulfill 1/2 credit of mathematics required under subsection (1)(a)(i), 1/2 credit of visual arts, performing arts, or applied arts required under subsection (1)(a)(iv), or 1/2 credit of a language other than English required under subsection (2), as determined by the board of the school district or board of directors of the public school academy in which the pupil is enrolled. The 1/2 credit course in personal finance required under this subsection may be fulfilled through a department-approved formal career and technical education program or curriculum. that aligns with the subject area content expectations developed by the department and approved by the state board for the credit under section 1278b. The 1/2 credit course in personal finance and the department-approved formal career and technical education program or curriculum must include all of the following:

(a) A definition of personal finance and consideration of how personal finance concepts fit into key life events or stages, and an explanation of the importance of personal financial planning using information sources including, but not limited to, instructional materials, news articles, blogs from reputable sources, personal narratives, and industry publications.

(b) The writing of short-term, mid-term, and long-term personal financial goals. The personal financial goals must define the pupil's desired education, career, and earning milestones, and saving and spending plans, and must involve the pupil evaluating factors that may influence the pupil's personal financial goals, including, but not limited to, family responsibilities, individual values, financial factors, and economic conditions. As used in this subdivision:

(i) "Short-term" means less than 1 year from the time of writing.

(ii) "Mid-term" means 1 to 5 years from the time of writing.

(iii) "Long-term" means greater than 5 years from the time of writing.

(c) The completion of 1 or more career aptitude surveys, and an analysis of the career aptitude survey results and how the survey results align with the pupil's strengths and interests. The analysis must evaluate education and training path options to prepare the pupil for the identified jobs or careers of interest.

(d) The creation of an annotated chart, table, or graphic based on the career of interest identified in subdivision (c), that evaluates all of the following:

(i) Education and training, including, but not limited to, admission requirements and tuition requirements.

(ii) Available positions.

(iii) Salaries.

(iv) Costs and benefits of education and training.

(v) Potential lifetime earnings.

(vi) Employer benefits.

(vii) Possible need for relocation to advance.

(e) An exploration and evaluation of the options for financing postsecondary education, including, but not limited to, an evaluation of the Free Application for Federal Student Aid (FAFSA) requirements to apply for postsecondary financial aid, and identification of strategies for reducing the overall cost of postsecondary education. The evaluation described under this subdivision must also discuss the impact of scholarships, grants, work study, and other forms of assistance and the application processes for each.

(f) An explanation of the impact that borrowing money to finance postsecondary education could have on future financial stability and security. The explanation described under this subdivision must include an assessment of research from multiple viewpoints that either support or question the use of student loan debt in paying for postsecondary education.

(g) A requirement that the pupil craft an argumentative essay, citing specific textual evidence, that either supports or opposes the use of student loan debt to finance postsecondary education and develops both sides of the argument.

(h) A description of factors that affect take-home pay, including, but not limited to, insurance benefits, retirement options, tax withholdings, and other payroll deductions. As part of the instruction on factors that affect take-home pay, the pupil must analyze how to complete a 1040 and a W-4 employee's withholding allowance paperwork, and review a W-2 wage and tax statement.

(i) Instruction on the use of money management tools, including, but not limited to, online and paper budgeting tools and cost-of-living calculators. As part of the instruction on the use of money management tools, the pupil must create a personal balance sheet, determine assets and liabilities, and calculate net worth for an identified career.

(j) The creation, using research from local sources including, but not limited to, newspapers, chambers of commerce, local governments, and company websites, of a monthly personal budget that reflects hypothetical household living expenses, taxes, potential savings, and an emergency fund.

(k) Development, by the pupil, of a saving and spending plan for a week. The pupil must compare the plan to the pupil's actual spending for the week.

(l) Instruction on the availability and reliability of consumer protection laws, agencies, and resources that assist consumers in making buying decisions, including national, state, and local resources, as appropriate.

(m) Information on a variety of financial institutions, including digital financial services and how to reconcile an account, write a check, and verify account accuracy. As part of the instruction on financial institutions, the pupil must compare and contrast services and products, including, but not limited to, checking accounts, savings accounts, and certificates of deposit.

(n) An evaluation of the various sources and types of consumer credit, including, but not limited to, student loans, auto loans, store credit cards, flex loans, consumer installment loans, title loans, payday loans, and instruction on the impact that taking on debt early in life will have on financial stability later in life.

(o) An overview of credit reporting agencies, including, but not limited to, Equifax, Experion, TransAmerica, and federal organizations, that describes credit reports and credit scores. The overview provided under this subdivision must do all of the following:

(i) Describe the relationship between consumers, credit reports, and credit scores, and discuss the importance of this relationship using specific textual evidence from research.

(ii) Analyze a sample credit report and interpret how the contents may affect the credit score.

(iii) Explain how a credit score may impact borrowing opportunities and the cost of credit.

(iv) Summarize specific activities used to maintain a good credit score.

(p) A comparison and contrast of the various types of credit and a calculation of the real cost of borrowing, and an explanation of factors that can affect the approval process associated with each type of credit and identification of the typical information and procedures required as part of the credit application process.

(q) An analysis of factors associated with the purchase of an automobile. This analysis must include:

(i) A definition and understanding of factors most often included in negotiations, such as cash payment compared to financing and inclusion of a trade-in.

(ii) An evaluation of costs and benefits of different service contracts and warranty options.

(iii) A comparison and contrast of available financing options based on consumer characteristics and the amount of the down payment.

(iv) A discussion of the differences between owning and leasing a car, including, but not limited to, down payment, terms, and contracts.

(r) An analysis of the benefits and costs associated with various types of insurance, including, but not limited to, health, life, property, and automobile insurance, and a description of the risks associated with a lack of appropriate coverage in specific situations. This analysis must also discuss the role of insurance in personal financial planning to preserve and build wealth with financial stability and security.

(s) Assessment of various types of identity theft situations and scams, and strategies and plans to safeguard and protect against identity theft, and discussion of steps that should be taken by a victim of identity theft to report the incident and reestablish the victim's identity.

(t) An explanation of how saving and investing contribute to financial well-being, building wealth, and helping meet personal financial goals. The instruction on saving and investing must compare and contrast saving and investment strategies, including, but not limited to, savings accounts, certificates of deposit, stocks, bonds, mutual funds, employer-sponsored savings plans, physical assets, and commodities.

(4) The requirements under this section and section 1278b for a high school diploma are in addition to any local requirements imposed by the board of a school district or board of directors of a public school academy. The board of a school district or board of directors of a public school academy, as a local requirement for a high school diploma, may require a pupil to complete the Michigan merit examination under section 1279g or may require a pupil to participate in the MIAccess assessments if appropriate for the pupil.

(5) For the purposes of this section and section 1278b, all of the following apply:

(a) A pupil is considered to have completed a credit if the pupil successfully completes the subject area content expectations or guidelines developed by the department that apply to the credit. For a career and technical education credit, a school district or public school academy may supplement those content expectations and guidelines with additional guidelines developed by the school district or public school academy.

(b) A school district or public school academy shall base its determination of whether a pupil has successfully completed the subject area content expectations or guidelines developed by the department that apply to a credit at least in part on the pupil's performance on assessments developed or selected by the department or on 1 or more assessments developed or selected by the school district or public school academy that measure a pupil's understanding of the subject area content expectations or guidelines that apply to the credit.

(c) A school district or public school academy shall also grant a pupil a credit if the pupil earns a qualifying score, as determined by the department, on assessments developed or selected for the subject area by the department or the pupil earns a qualifying score, as determined by the school district or public school academy, on 1 or more assessments developed or selected by the school district or public school academy that measure a pupil's understanding of the subject area content expectations or guidelines that apply to the credit.

(6) If a high school is designated by the superintendent of public instruction as a specialty school and the high school meets the requirements of subsection (7), the pupils of the high school are not required to successfully complete the 4 credits in English language arts required under section 1278b(1)(a) or the 3 credits in social science required under subsection (1)(a)(ii) and the school district or public school academy is not required to ensure that each pupil is offered the curriculum necessary for meeting those English language arts or social science credit requirements. The superintendent of public instruction may designate up to 15 high schools that meet the requirements of this subsection as specialty schools. Subject to this maximum number, the superintendent of public instruction shall designate a high school as a specialty school if the superintendent of public instruction finds that the high school meets all of the following criteria:

(a) The high school incorporates a significant reading and writing component throughout its curriculum.

(b) The high school uses a specialized, innovative, and rigorous curriculum in such areas such as performing arts, foreign language, extensive use of internships, or other learning innovations that conform to pioneering innovations among other leading national or international high schools.

(7) A high school that is designated by the superintendent of public instruction as a specialty school under subsection (6) is only exempt from requirements as described under subsection (6) as long as the superintendent of public instruction finds that the high school continues to meet all of the following requirements:

(a) The high school clearly states to prospective pupils and their parents that it does not meet the requirements of the Michigan merit standard under this section and section 1278b but is a designated specialty school that is exempt from some of those requirements and that a pupil who enrolls in the high school and subsequently transfers to a high school that is not a specialty school meeting the requirements of this subsection will be required to comply with the requirements of the Michigan merit standard under this section and section 1278b.

(b) For the most recent year for which the data are available, the mean scores on both the mathematics and science portions of the applicable state assessment for the pupils of the high school exceed by at least 10% the mean scores on the mathematics and science portions of the applicable state assessment for the pupils of the school district in which the greatest number of the pupils of the high school reside.

(c) For the most recent year for which the data are available, the high school had a graduation rate of at least 85%, as determined by the department.

(d) For the most recent year for which the data are available, at least 75% of the pupils who graduated from the high school the preceding year are enrolled in a postsecondary institution.

(e) All pupils of the high school are required to meet the mathematics credit requirements of subsection (1)(a)(i), with no modification of these requirements under section 1278b(5), and each pupil is offered the curriculum necessary to meet this requirement.

(f) All pupils of the high school are required to meet the science credit requirements of section 1278b(1)(b) and are also required to successfully complete at least 1 additional science credit, for a total of at least 4 science credits, with no modification of these requirements under section 1278b(5), and each pupil is offered the curriculum necessary to meet this requirement.

(8) The instruction required in subsection (3)(a) to (t) must not be fulfilled through instruction in a course other than the 1/2 credit personal finance course or department-approved formal career and technical education program or curriculum described in subsection (3).

Sec. 1278b. (1) Except as otherwise provided in this section or section 1278a, 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, physics, anatomy, or agricultural science, or successfully completing a program or curriculum that provides the same content as the chemistry or physics benchmarks, as determined by the department. A student may fulfill the requirement for the third science credit by completing a department-approved computer science program or curriculum or formal career and technical education program or curriculum. The legislature strongly encourages pupils to complete a fourth credit in science, such as forensics, astronomy, Earth science, agricultural science, environmental science, geology, physics, 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) or (3) before entering high school, the pupil must 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 the 1/2 credit course in personal finance required under section 1278a(3) 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 must be consistent with the state board recommended model core academic curriculum content standards under section 1278. Subject area content expectations or guidelines must 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 must 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 must 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 must 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 must 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 must 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 must 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). If the request for a personal curriculum is made by the pupil's parent or legal guardian or, if the pupil is at least age 18 or is an emancipated minor, by the pupil, the school district or public school academy shall develop a personal curriculum for the pupil. 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 completing 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 the pupil's 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 must 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, and a teacher described in this subdivision or 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 must 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. This subdivision does not require an in-person meeting of the group.

(b) The personal curriculum must do all of the following:

(i) 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.

(ii) Establish measurable goals that the pupil must achieve while enrolled in high school.

(iii) Provide a method to evaluate whether the pupil achieved the goals described in subparagraph (ii).

(iv) Align 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 communicate with each of the pupil's teachers 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 credit during his or her the pupil's final 2 years 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 the algebra II benchmarks assessed on the department-prescribed state high school assessment, as determined by the department.

(iv) Successfully completes 1 semester of statistics, functions and data analysis, or technical mathematics.

(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, or requires the pupil to complete a formal career and technical education program. 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, or requires the pupil to complete a formal career and technical education program. 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, or requires the pupil to complete a formal career and technical education program. 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 the pupil's 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 must require that this mathematics course is at least algebra I.

(B) If the transfer pupil demonstrates that he or she the pupil has mastered the content of algebra I, the transfer pupil's personal curriculum must 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 the pupil's 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(6) 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).

(o) The department or a school district or public school academy shall not limit or discourage the number of pupils with a personal curriculum on any basis other than the best interests of each individual pupil.

(p) A school district or public school academy annually shall notify each of its pupils and a parent or legal guardian of each of its pupils that all pupils are entitled to a personal curriculum under this subsection. The annual notice must include an explanation of what a personal curriculum is and state that if a personal curriculum is requested, the public school or public school academy will grant that request. The school district or public school academy shall provide this annual notice to parents and legal guardians by sending a written notice to each pupil's home or by including the notice in a newsletter, student handbook, or similar communication that is sent to a pupil's home, and also shall post the notice on the school district's or public school academy's website.

(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, 20 USC 1400 to 1482, must 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 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, or every student succeeds act, Public Law 114-95.

(10) To the extent required by the no child left behind act of 2001, Public Law 107-110, or the every student succeeds act, Public Law 114-95, 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 the pupil's educational development plan during grade 8 and revises it as appropriate before he or she the pupil begins high school. The board of a school district or board of directors of a public school academy shall also ensure that each pupil reviews and revises his or her the pupil's educational development plan as appropriate during each year of high school. An educational development plan must 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 must be based on high school readiness scores and a career pathways program or similar career exploration program. An educational development plan must be designed to assist pupils to identify career development goals as they relate to academic requirements. During the process of developing and reviewing a pupil's educational development plan, the pupil must be advised that many of the curricular requirements of this section and section 1278a may be fulfilled through career and technical education. In addition, during the process of developing and reviewing an educational development plan, the pupil must be provided with all of the following:

(a) Information on various types of careers and current and projected job openings in this state and those jobs' actual and projected wages.

(b) An opportunity to explore careers specific to a pupil's interests and identify career pathways and goals for achieving success in those careers, including, but not limited to, the level and type of educational preparation necessary to accomplish those goals.

(c) An opportunity to develop a talent portfolio. A talent portfolio must be developed and revised throughout the implementation of a pupil's educational development plan. A talent portfolio must include, but is not limited to, a record of the pupil's experiences, proficiencies, certifications, or accomplishments that demonstrate talents or marketable skills. The department, in conjunction with the department of labor and economic opportunity, shall develop and make available to the public schools model information materials that districts or public school academies may use to comply with this subdivision.

(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. This subsection does not apply to a high school that is designated as a specialty school under section 1278a(6) and that is exempt under that section 1278a(6) from the English language arts requirement under subsection (1)(a) and the social science credit requirement under section 1278a(1)(a)(ii).

(13) 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 or middle college program.

(14) 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.