Bill Text: MI HB5818 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Education; school districts; appointment of academic distress commission for entire school district under certain circumstances; provide for, and provide appropriation for local school board's academic plan. Amends title & sec. 1280c of 1976 PA 451 (MCL 380.1280c) & adds sec. 1280d.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-17 - Printed Bill Filed 02/17/2010 [HB5818 Detail]
Download: Michigan-2009-HB5818-Introduced.html
HOUSE BILL No. 5818
February 16, 2010, Introduced by Rep. Jackson and referred to the Committee on Appropriations.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending the title and section 1280c (MCL 380.1280c), the title
as amended by 2003 PA 179 and section 1280c as added by 2009 PA
204, and by adding section 1280d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide a system of public instruction and
elementary and secondary schools; to revise, consolidate, and
clarify the laws relating to elementary and secondary education; to
provide for the organization, regulation, and maintenance of
schools, school districts, public school academies, intermediate
school districts, and other public school entities; to prescribe
rights, powers, duties, and privileges of schools, school
districts, public school academies, intermediate school districts,
and other public school entities; to provide for the regulation of
school teachers and certain other school employees; to provide for
school elections and to prescribe powers and duties with respect
thereto; to provide for the levy and collection of taxes; to
provide for the borrowing of money and issuance of bonds and other
evidences of indebtedness; to establish a fund and provide for
expenditures from that fund; to provide for and prescribe the
powers and duties of certain state departments, the state board of
education, and certain other boards and officials; to provide for
licensure of boarding schools; to provide for an appropriation; to
prescribe penalties; and to repeal acts and parts of acts.
Sec. 1280c. (1) Beginning in 2010, not later than September 1
of each year, the superintendent of public instruction shall
publish a list identifying the public schools in this state that
the department has determined to be among the lowest achieving 5%
of all public schools in this state, as defined for the purposes of
the federal incentive grant program created under sections 14005
and 14006 of title XIV of the American recovery and reinvestment
act of 2009, Public Law 111-5.
(2)
The Subject to subsection
(16), the superintendent of
public instruction shall issue an order placing each public school
that is included on the list under subsection (1) under the
supervision of the state school reform/redesign officer described
in subsection (9). Within 90 days after a public school is placed
under the supervision of the state school reform/redesign officer
under this section, the school board or board of directors
operating the public school shall submit a redesign plan to the
state school reform/redesign officer. For a public school operated
by a school board, the redesign plan shall be developed with input
from the local teacher bargaining unit and the local superintendent
or, if an emergency financial manager is in place under the local
government fiscal responsibility act, 1990 PA 72, MCL 141.1201 to
141.1291, the emergency financial manager. The redesign plan shall
require implementation of 1 of the 4 school intervention models
that are provided for the lowest achieving schools under the
federal incentive grant program created under sections 14005 and
14006 of title XIV of the American recovery and reinvestment act of
2009, Public Law 111-5, known as the "race to the top" grant
program. These models are the turnaround model, restart model,
school closure, and transformation model. The redesign plan shall
include an executed addendum to each applicable collective
bargaining agreement in effect for the public school that meets the
requirements of subsection (8).
(3) Within 30 days after receipt of a redesign plan for a
public school under subsection (2), the state school
reform/redesign officer shall issue an order approving,
disapproving, or making changes to the redesign plan. If the order
makes changes to the redesign plan, the school board or board of
directors has 30 days after the order to change the redesign plan
to incorporate those changes into the redesign plan and resubmit it
to the state school reform/redesign officer for approval or
disapproval.
(4) The state school reform/redesign officer shall not
disapprove a redesign plan that includes all of the elements
required under federal law for the school intervention model
included in the redesign plan. A school board or board of directors
may appeal disapproval of a redesign plan on this basis to the
superintendent of public instruction. The decision of the
superintendent of public instruction on the appeal is final.
(5) If the state school reform/redesign officer approves a
redesign plan under this section, the school board or board of
directors shall implement the redesign plan for the public school
beginning with the beginning of the next school year that begins
after the approval. The school board or board of directors shall
regularly submit monitoring reports to the state school
reform/redesign officer on the implementation and results of the
plan in the form and manner, and according to a schedule, as
determined by the state school reform/redesign officer.
(6) The state school reform/redesign school district is
created. The state school reform/redesign school district is a
school district for the purposes of section 11 of article IX of the
state constitution of 1963 and for receiving state school aid under
the state school aid act of 1979 and is subject to the leadership
and general supervision of the state board over all public
education under section 3 of article VIII of the state constitution
of 1963. The state school reform/redesign school district is a body
corporate and is a governmental agency. Except as otherwise
provided in subsection (7), if the state school reform/redesign
officer does not approve the redesign plan, or if the state school
reform/redesign officer determines that the redesign plan is not
achieving satisfactory results, the state school reform/redesign
officer shall issue an order placing the public school in the state
school reform/redesign school district, imposing for the public
school implementation of 1 of the 4 school intervention models
described in subsection (2) beginning with the beginning of the
next school year, and imposing an addendum to each applicable
collective bargaining agreement in effect for the public school as
necessary to implement the school intervention model and that meets
the requirements of subsection (8). All of the following apply to
the state school reform/redesign school district:
(a) The state school reform/redesign school district shall
consist of schools that are placed in the state school
reform/redesign school district.
(b) The state school reform/redesign officer shall act as the
superintendent of the state school reform/redesign school district.
With respect to schools placed in the state school reform/redesign
school district, the state school reform/redesign officer has all
of the powers and duties described in this section; all of the
provisions of this act that would otherwise apply to the school
board that previously operated a school placed in the state school
reform/redesign school district apply to the state school
reform/redesign officer with respect to that school, except those
relating to taxation or borrowing; except as otherwise provided in
this section, the state school reform/redesign officer may exercise
all the powers and duties otherwise vested by law in the school
board that previously operated a school placed in the state school
reform/redesign school district and in its officers, except those
relating to taxation or borrowing, and may exercise all additional
powers and duties provided under this section; and, except as
otherwise provided in this section, the state school
reform/redesign officer accedes to all the rights, duties, and
obligations of the school board with respect to that school. These
powers, rights, duties, and obligations include, but are not
limited to, all of the following:
(i) Authority over the expenditure of all funds attributable to
pupils at that school, including that portion of proceeds from
bonded indebtedness and other funds dedicated to capital projects
that would otherwise be apportioned to that school by the school
board that previously operated the school according to the terms of
the bond issue or financing documents.
(ii) Subject to subsection (8), rights and obligations under
collective bargaining agreements and employment contracts entered
into by the school board for employees at the school.
(iii) Rights to prosecute and defend litigation.
(iv) Rights and obligations under statute, rule, and common
law.
(v) Authority to delegate any of the state school
reform/redesign officer's powers and duties to 1 or more designees,
with proper supervision by the state school reform/redesign
officer.
(vi) Power to terminate any contract or portion of a contract
entered into by the school board that applies to that school.
However, this subsection does not allow any termination or
diminishment of obligations to pay debt service on legally
authorized bonds and does not allow a collective bargaining
agreement to be affected except as provided under subsection (8). A
contract terminated by the state school reform/redesign officer
under this subsection is void.
(7) If the state school reform/redesign officer determines
that better educational results are likely to be achieved by
appointing a chief executive officer to take control of multiple
public schools, the state school reform/redesign officer may make a
recommendation to the superintendent of public instruction for
appointment of a chief executive officer to take control over those
multiple schools. If the superintendent of public instruction
appoints a chief executive officer to take control of multiple
public schools under this subsection, the chief executive officer
shall impose for those public schools implementation of 1 of the 4
school intervention models described in subsection (2) and impose
an addendum to each applicable collective bargaining agreement in
effect for those public schools as necessary to implement the
school intervention model and that meets the requirements of
subsection (8). With respect to those public schools, the chief
executive officer has all of the same powers and duties that the
state school reform/redesign officer has for public schools placed
in the state school reform/redesign school district under
subsection (6). The chief executive officer shall regularly submit
monitoring reports to the state school reform/redesign officer on
the implementation and results of the intervention model in the
form and manner, and according to a schedule, as determined by the
state school reform/redesign officer. The chief executive officer
shall exercise any other powers or duties over the public schools
as may be directed by the superintendent of public instruction.
(8) An addendum to a collective bargaining agreement under
this section shall provide for any of the following that are
necessary for the applicable school intervention model to be
implemented at each affected public school:
(a) That any contractual or other seniority system that would
otherwise be applicable shall not apply at the public school. This
subdivision does not allow unilateral changes in pay scales or
benefits.
(b) That any contractual or other work rules that are
impediments to implementing the redesign plan shall not apply at
the public school. This subdivision does not allow unilateral
changes in pay scales or benefits.
(c) That the state school reform/redesign officer shall direct
the expenditure of all funds attributable to pupils at the public
school and the principal or other school leader designated by the
state school reform/redesign officer shall have full autonomy and
control over curriculum and discretionary spending at the public
school.
(9) The superintendent of public instruction shall hire a
state school reform/redesign officer to carry out the functions
under this section and as otherwise prescribed by law. The state
school reform/redesign officer shall be chosen solely on the basis
of his or her competence and experience in educational reform and
redesign. The state school reform/redesign officer is exempt from
civil service. The state school reform/redesign officer is
responsible directly to the superintendent of public instruction to
ensure that the purposes of this section are carried out, and
accordingly the position of state school reform/redesign officer
should be a position within the department that is exempt from the
classified state civil service. The department shall request that
the civil service commission establish the position of state school
reform/redesign officer as a position that is exempt from the
classified state civil service.
(10) If the state school reform/redesign officer imposes the
restart model for a public school in the state school
reform/redesign school district, or a chief executive officer under
subsection (7) imposes the restart model for multiple public
schools under that subsection, all of the following apply:
(a) The state school reform/redesign officer or chief
executive officer shall enter into an agreement with an educational
management organization to manage and operate the public school or
schools. The state school reform/redesign officer or chief
executive officer shall provide sufficient oversight to ensure that
the public school or schools will be operated according to all of
the requirements for a restart model.
(b) There shall be considered to be no collective bargaining
agreement in effect that applies to employees working at the public
school or schools under this model at the time of imposition of the
model.
(11) If the state school reform/redesign officer imposes the
turnaround model for a public school in the state school
reform/redesign school district, or a chief executive officer under
subsection (7) imposes the turnaround model for multiple public
schools under that subsection, all of the following apply:
(a) A collective bargaining agreement that applies to
employees working at the public school or schools under this model
at the time of imposition of the model, and any successor
collective bargaining agreement, continues to apply with respect to
pay scales and benefits.
(b) Subject to any addendum to the collective bargaining
agreement that applies to the public school or schools, an employee
who is working at the public school or schools and who was
previously employed in the same school district that previously
operated that school shall continue to retain and accrue seniority
rights in that school district according to the collective
bargaining agreement that applies to employees of that school
district.
(12) If more than 9 public schools operated by a school
district are on the list under subsection (1), the transformation
model may not be implemented for more than 50% of those schools.
(13) If the state school reform/redesign officer determines
that a public school that is subject to the measures under
subsection (6) or (7) has made significant improvement in pupil
achievement and should be released from the measures that have been
imposed under subsection (6) or (7), the state school
reform/redesign officer may recommend this to the superintendent of
public instruction. If the superintendent of public instruction
agrees with the determination and recommendation, the
superintendent of public instruction may release the public school
from the measures that have been imposed under subsection (6) or
(7).
(14) At least annually, the state school reform/redesign
officer shall submit a report to the standing committees of the
senate and house of representatives having jurisdiction over
education legislation on the progress being made in improving pupil
proficiency due to the measures under this section.
(15) As soon as practicable after the federal department of
education has adopted the final work rules and formula for
identifying the lowest achieving 5% of all public schools in this
state for the purposes of the federal incentive grant program
created under sections 14005 and 14006 of title XIV of the American
recovery and reinvestment act of 2009, Public Law 111-5, known as
the "race to the top" grant program, the department shall post all
of the following on its website:
(a) The federal work rules and formula.
(b) A list of the public schools in this state that have been
identified for these purposes as being among the lowest achieving
5% of all public schools in this state. The department shall update
this list as it considers appropriate.
(16) If the superintendent of public instruction determines
that at least 50% of the schools operated by a school district have
failed to achieve the federal pupil performance standard for 3 or
more consecutive years, the superintendent of public instruction
shall notify the governor and shall give the governor 30 days to
act under section 1280d before taking action under this section
with regard to the low-performing schools in that school district
have failed to achieve the federal pupil performance standard for 3
or more consecutive years. If the governor acts to declare that a
school district has an academic emergency under section 1280d, the
superintendent of public instruction shall not take action under
this section with regard to the schools in that school district. As
used in this subsection, "failed to achieve the federal pupil
performance standard" means that the department has determined that
the school has failed to achieve adequate yearly progress under the
no child left behind act of 2001, Public Law 107-110, or has failed
to meet a successor federal standard that the superintendent of
public instruction has identified as being a standard established
by the federal government that is based on pupil performance and is
required to be met in order to receive full federal funding.
Sec. 1280d. (1) If the governor receives notification from the
superintendent of public instruction under section 1280c(16) that
at least 50% of the schools operated by a school district have
failed to achieve the federal pupil performance standard for 3 or
more consecutive years, the governor may declare that the school
district has an academic emergency and establish an academic
distress commission for the school district under this section to
assist the school district in improving the school district's
academic performance. If the governor chooses to declare that a
school district has an academic emergency under this section, the
governor shall take that action within 30 days after receiving the
notification under section 1280c(16). If an emergency financial
manager is in place in the school district under the local
government fiscal responsibility act, 1990 PA 72, MCL 141.1201 to
141.1291, the governor in the declaration that the district has an
academic emergency may include an order giving the emergency
financial manager interim authority over design and delivery of
academic improvements in the school district and all other powers
and responsibilities provided under this section for an academic
distress commission. If granted, this interim authority is in
effect only until the academic distress commission is established.
(2) If the governor declares that a school district has an
academic emergency, all of the following apply to the establishment
of an academic distress commission under this section:
(a) A separate academic distress commission shall be
established for each school district for which the governor has
declared an academic emergency.
(b) An academic distress commission is a body corporate and is
a governmental agency. The powers granted to an academic distress
commission under this part constitute the performance of essential
public purposes and governmental functions of this state. An
academic distress commission shall be known as the "academic
distress commission for ............... (name of school district)"
and, in that name, may exercise all authority vested in the
commission by this section.
(c) Each academic distress commission shall consist of 3
voting members appointed for a 2-year term. The governor shall
appoint 2 of the members, and the president of the school board of
the school district shall appoint 1 of the members. The member
appointed by the president of the school board shall be a resident
of the school district. The member appointed by the president of
the school board shall not be a member of the school board. When
the governor declares that a school district has an academic
emergency, the superintendent of public instruction shall provide
written notification of that fact to the school board and shall
request the president of the school board to submit to the
superintendent of public instruction, in writing, the school
board's own 24-month plan for academic improvement and the name of
the president's appointee to the commission. Money is appropriated
to the school board under subsection (16) for the development and
submission of this plan. The governor and the president of the
school board shall make appointments to the commission within 30
days after the school district is notified that it is subject to
this section. Members of the commission shall serve at the pleasure
of their appointing authority during their terms. In the event of
the death, resignation, incapacity, removal, or ineligibility to
serve of a member, the appointing authority shall appoint a
successor within 15 days after the vacancy occurs.
(d) If there is an emergency financial manager in place in the
school district under the local government fiscal responsibility
act, 1990 PA 72, MCL 141.1201 to 141.1291, the emergency financial
manager may also serve as a member of the academic distress
commission for that school district.
(e) Immediately after appointment of the initial members of an
academic distress commission, the superintendent of public
instruction shall call the first meeting of the commission and
shall cause written notice of the time, date, and place of that
meeting to be given to each member of the commission at least 48
hours in advance of the meeting. The first meeting shall include an
overview of the commission's roles and responsibilities and of the
applicable law governing the operations of the commission. At its
first meeting, the commission shall adopt temporary bylaws in
accordance with subdivision (f) to govern its operations until the
adoption of permanent bylaws. The superintendent of public
instruction shall designate a chairperson for the commission from
among the members appointed by the governor. The chairperson shall
call and conduct meetings, set meeting agendas, and serve as a
liaison between the commission and the board of the school
district. The chairperson also shall appoint a secretary, who shall
not be a member of the commission. The department shall provide
administrative support for the commission, provide data requested
by the commission, and inform the commission of available state
resources that could assist the commission in its work.
(f) Each academic distress commission may adopt and alter
bylaws and rules for the conduct of its affairs and for the manner,
subject to this section, in which its powers and functions shall be
exercised.
(g) A simple majority of the members of an academic distress
commission constitute a quorum of the commission. The affirmative
vote of 2 members of the commission is necessary for any action
taken by vote of the commission. A vacancy in the membership of the
commission does not impair the rights of a quorum to exercise all
the rights and perform all the duties of the commission. Members of
the commission are not disqualified from voting by reason of the
functions of any other office they hold and are not disqualified
from exercising the functions of the other office with respect to
the school district, its officers, or the commission.
(h) The members of an academic distress commission, the
superintendent of public instruction, and any person authorized to
act on behalf of or assist them shall not be personally liable or
subject to any suit, judgment, or claim for damages resulting from
the exercise of or failure to exercise the powers, duties, and
functions granted to them in regard to their functioning under this
section, but the commission, superintendent of public instruction,
and such other persons are subject to mandamus proceedings to
compel performance of their duties under this section.
(i) Each member of an academic distress commission shall
execute the constitutional oath of office as a public officer of
this state.
(j) The business that the academic distress commission may
perform shall be conducted at a public meeting of the academic
distress commission held in compliance with the open meetings act,
1976 PA 267, MCL 15.261 to 15.275. A writing prepared, owned, used,
in the possession of, or retained by the academic distress
commission in the performance of an official function is subject to
the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(3) Within 120 days after the first meeting of an academic
distress commission, the commission shall adopt a 24-month academic
recovery plan to improve academic performance in the school
district and shall provide copies of this plan to the senate and
house standing committees on education. The academic distress
commission shall consider the written 24-month academic improvement
plan of the school board of the school district submitted under
subsection (2)(c) before adopting the commission's academic
recovery plan. The school board of the school district may share
written supplements to its submitted 24-month academic improvement
plan with the commission. The commission's academic recovery plan
shall address academic problems at both the district and school
levels. The commission's academic recovery plan shall include at
least all of the following:
(a) Short-term and long-term actions to be taken to improve
the school district's academic performance.
(b) Expectations for outcomes to be achieved by the end of 24
months.
(c) The roles and responsibilities of the school district
superintendent and school board.
(d) The sequence and timing of the actions described in
subdivision (a) and the persons responsible for implementing each
of the actions.
(e) Resources that will be applied toward improvement efforts.
(f) Procedures for monitoring and evaluating improvement
efforts.
(g) Requirements for the commission to report to the board of
the school district on the status of improvement efforts.
(h) A disclosure of the extent to which the academic recovery
plan includes components of the school board's own academic
improvement plans.
(i) A description of required school leadership turnaround
skill sets and either the resource allocation or professional
development process to be used to acquire them.
(4) An academic distress commission may amend its academic
recovery plan subsequent to adoption. The commission shall update
the plan at least annually.
(5) The commission shall submit the academic recovery plan it
adopts or updates to the senate and house standing committees on
education. These committees may request clarification of the plan
within 30 days of its receipt. The commission shall implement its
plan within 60 days after it is submitted.
(6) Officers and employees of the school district shall assist
the academic distress commission diligently and promptly in the
implementation of the academic recovery plan.
(7) Each academic distress commission shall seek task-specific
input and assistance from the school board of the school district
regarding ways to improve the district's academic performance and
implement the academic recovery plan, but any decision of the
commission related to any authority granted to the commission under
this section is final. The commission may do any of the following:
(a) Appoint school building administrators and reassign
administrative personnel.
(b) Terminate the contracts of administrators or
administrative personnel. The commission is not required to comply
with section 1229 with respect to any contract terminated under
this division.
(c) Contract with a private entity to perform school or school
district management functions.
(d) Establish a budget for the district and approve district
appropriations and expenditures, unless the school district has an
emergency financial manager in place under the local government
fiscal responsibility act, 1990 PA 72, MCL 141.1201 to 141.1291.
(8) An academic distress commission is not prohibited from
implementing its academic recovery plan in a school operated by the
school district that has not failed to achieve the federal pupil
performance standard for 3 or more consecutive years if this
implementation does not contribute to neighborhood destabilization,
property tax erosion, school consolidations conflicting with
municipal neighborhood development, parental-community and alumni
disengagement, student transportation hardship, the need for
increased community policing, or the potential for increased
student violence, or if the implementation includes appropriate
strategies to mitigate any of these impacts.
(9) If the school board of a school district for which an
academic distress commission has been established under this
section renews or enters into any collective bargaining agreement
during the existence of the commission, the school board shall not
enter into any agreement that would render any decision of the
commission unenforceable.
(10) An academic distress commission shall do all of the
following:
(a) Beginning 4 months after the date it is established, at
least every 4 months shall file with the governor, the senate
majority leader, the speaker of the house of representatives, the
school board of the school district, and the legislative body of
the municipality in which a majority of the territory of the school
district is located, and shall post on the internet on the website
of the school district, a report concerning its progress.
(b) In addition to the reports required under subdivision (a),
commission members shall be available to testify before the
committees of the legislature having jurisdiction over education
and before the legislative body of the municipality in which a
majority of the territory of the school district is located not
fewer than 3 times each year.
(c) Beginning 4 months after the date it is established, at
least every 4 months the commission shall conduct public forums
within the school district to receive input from the community and
inform the community of its activities and progress. At these
forums, the academic distress commission shall hear testimony from
the public.
(11) Subject to subsection (12), an academic distress
commission shall be dissolved by the superintendent of public
instruction when the school district for which it was established
is determined by the superintendent of public instruction to meet
all of the following:
(a) Has established an academic delivery structure that
produces an improvement trend line for affected schools that is
satisfactory to the superintendent of public instruction.
(b) Less than 30% of schools operated by the school district
have failed to achieve the federal pupil performance standard for 3
or more consecutive years.
(c) All outcomes outlined in the commission's 24-month
academic recovery plan have been accomplished.
(12) The superintendent of public instruction may dissolve an
academic distress commission earlier than prescribed in subsection
(11) if the superintendent of public instruction determines that
the school district can perform adequately without the supervision
of the commission.
(13) Upon termination of an academic distress commission, the
department shall compile a final report of the commission's
activities to assist other academic distress commissions in the
performance of their functions.
(14) If a school district for which an academic distress
commission has been established is unable to meet the requirements
under subsection (11) or (12) for dissolution of the commission
within 2 years after the commission is established, the governor,
upon recommendation of the superintendent of public instruction,
may order the establishment of a new commission for the school
district as prescribed under subsection (2) to serve for an
additional 2-year period or until dissolved under subsection (11)
or (12). However, no more than 3 consecutive academic distress
commissions may be appointed for a school district. A member of a
previous academic distress commission may be reappointed to a new
academic distress commission.
(15) Except as provided in subsection (14), for a period of 5
years after dissolution of an academic distress commission for a
school district, the governor shall not appoint another academic
distress commission for that school district.
(16) An amount equal to $5,000.00 is appropriated from the
general fund to each school district that is required to submit a
written 24-month plan for academic improvement to the academic
distress commission under subsection (2)(c). This appropriation is
to reimburse the school district for the costs of that plan.
(17) As used in this section, "failed to achieve the federal
pupil performance standard" means that the department has
determined that the school has failed to achieve adequate yearly
progress under the no child left behind act of 2001, Public Law
107-110, or has failed to meet a successor federal standard that
the superintendent of public instruction has identified as being a
standard established by the federal government that is based on
pupil performance and is required to be met in order to receive
full federal funding.
