Bill Text: MI HB5911 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Education: other; certain requirements concerning virtual courses; modify. Amends sec. 21f of 1979 PA 94 (MCL 388.1621f). TIE BAR WITH: HB 5912'20, HB 5913'20
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2020-09-01 - Assigned Pa 147'20 With Immediate Effect [HB5911 Detail]
Download: Michigan-2019-HB5911-Introduced.html
HOUSE BILL NO. 5911
June 24, 2020, Introduced by Reps. Markkanen
and Hornberger and referred to the Committee on Education.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending section 21f (MCL 388.1621f), as amended by 2018 PA 265.
the people of the state of michigan enact:
Sec. 21f. (1) A Except as otherwise provided under subsection (15), a primary district shall enroll an eligible pupil in virtual courses in accordance with the provisions of this section. A subsection and subsections (2) to (13). Except as otherwise provided under subsection (15), a primary district shall not offer a virtual course to an eligible pupil unless the virtual course is published in the primary district's catalog of board-approved courses, in the catalog of board-approved courses of the intermediate district in which the primary district is located, or in the a statewide catalog of virtual courses maintained by the Michigan Virtual University pursuant to section 98. a qualifying statewide educational institution. The primary district shall also ensure that its catalog of board-approved courses described in this subsection is made available to pupils in the same form and manner that its catalog of in-person courses is made available to pupils and provide on its publicly accessible website a link to the statewide catalog catalogs of virtual courses maintained by the Michigan Virtual University. Unless each qualifying statewide educational institution. Except as otherwise provided under subsection (15), unless the pupil is at least age 18 or is an emancipated minor, a pupil shall must not be enrolled in a virtual course without the consent of the pupil's parent or legal guardian.
(2) Subject to subsection (3), and except as otherwise provided under subsection (15), a primary district shall enroll an eligible pupil in up to 2 virtual courses as requested by the pupil during an academic term, semester, or trimester. To the extent practicable, a primary district shall ensure that the enrollment process for a virtual course is the same as the enrollment process for an in-person course offered by the primary district.
(a) All of the following conditions are met:
(i) The primary district has determined that it is in the best interest of the pupil.
(ii) (b) The pupil agrees with the recommendation of the primary district.
(iii) (c) The primary district, in collaboration with the pupil, has developed an education development plan, in a form and manner specified by the department, that is kept on file by the primary district. Beginning October 1, 2016, this This subdivision does not apply to a pupil enrolled as a part-time pupil under section 166b.
(b) The pupil has exhibited an academic deficiency by testing below grade level in 1 or more subjects on the Michigan student test of educational progress (M-STEP) or a successor state assessment or a benchmark assessment administered by the primary district and the virtual course or courses are designed to remedy this deficiency.
(c) For the 2020-2021 school year only, the pupil's parent or legal guardian requests the pupil's enrollment in more than 2 virtual courses as described in this subsection due to health, safety, and welfare concerns related to the COVID-19 pandemic. However, a pupil who enrolls in 1 or more virtual courses under this subdivision must participate in all state-administered and district-administered assessments to the same extent as if the pupil was participating in in-person courses at the primary district.
(4) If Except as otherwise provided under subsection (15), if the number of applicants eligible for acceptance in a virtual course does not exceed the capacity of the provider to provide the virtual course, the provider shall accept for enrollment all of the applicants eligible for acceptance. If Except as otherwise provided under subsection (15), if the number of applicants exceeds the provider's capacity to provide the virtual course, the provider shall use a random draw system, subject to the need to abide by state and federal antidiscrimination laws and court orders. A Except as otherwise provided under subsection (15), a primary district that is also a provider shall determine whether or not it has the capacity to accept applications for enrollment from nonresident applicants in virtual courses and may use that limit as the reason for refusal to enroll a nonresident applicant.
(5) A Except as otherwise provided under subsection (15), a primary district may not establish additional requirements beyond those specified in this subsection that would prohibit a pupil from taking a virtual course. A Except as otherwise provided under subsection (15), a pupil's primary district may deny the pupil enrollment in an online a virtual course if any of the following apply, as determined by the district:
(a) The pupil is enrolled in any of grades K to 5 and the virtual course is not aligned to age-appropriate academic standards for that grade level.
(b) The pupil has previously gained the credits that would be provided from the completion of the virtual course.
(c) The virtual course is not capable of generating academic credit.
(d) The virtual course is inconsistent with the pupil's remaining graduation requirements. or career interests of the pupil.
(e) The pupil has not completed the prerequisite coursework for the requested virtual course or has not demonstrated proficiency in the prerequisite course content.
(f) The Except for a pupil who is enrolling in a virtual course intended to remedy an academic deficiency as described in subsection (3)(b), the pupil has failed a previous virtual course in the same subject during the 2 most recent academic years.
(g) The virtual course is of insufficient quality or rigor. A primary district that denies a pupil enrollment request for this reason shall enroll the pupil in a virtual course in the same or a similar subject that the primary district determines is of acceptable rigor and quality.
(g) (h) The cost of the virtual course exceeds the amount identified in subsection (10), unless the pupil or the pupil's parent or legal guardian agrees to pay the cost that exceeds this amount.
(h) (i) The request for a virtual course enrollment did not occur within the same timelines established by the primary district for enrollment and schedule changes for regular courses.
(i) (j) The request for a virtual course enrollment was not made in the academic term, semester, trimester, or summer preceding the enrollment. This subdivision does not apply to a request made by a pupil who is newly enrolled in the primary district.
(6) If Except as otherwise provided under subsection (15), if a pupil is denied enrollment in a virtual course by the pupil's primary district, the primary district shall provide written notification to the pupil of the denial, the reason or reasons for the denial pursuant to under subsection (5), and a description of the appeal process. The pupil may appeal the denial by submitting a letter to the superintendent of the intermediate district in which the pupil's primary district is located. The letter of appeal shall must include the reason provided by the primary district for not enrolling the pupil and the reason why the pupil is claiming that the enrollment should be approved. The intermediate district superintendent or designee shall respond to the appeal within 5 days after it is received. If the intermediate district superintendent or designee determines that the denial of enrollment does not meet 1 or more of the reasons specified in subsection (5), the primary district shall enroll the pupil in the virtual course.
(7) To Except as otherwise provided under subsection (15), to provide a virtual course to an eligible pupil under this section, a provider shall must do all of the following:
(a) Ensure that
the virtual course has been published in the pupil's primary district's catalog
of board-approved courses, published in
the catalog of board-approved courses of the intermediate district in which the
pupil's primary district is located, or published in the a statewide catalog of virtual courses
maintained by the Michigan Virtual University.a qualifying statewide educational institution. For the
purposes of this section, a district, intermediate district, or qualifying
statewide educational institution is responsible for ensuring that a virtual
course is of a quality or rigor at least equal to or greater than that of an
in-person course offered by the district, intermediate district, or qualifying
statewide educational institution before offering the virtual course in its
catalog of courses described in this subsection.
(b) For a virtual course in a core academic subject or for a virtual course that would fulfill 1 or more of the credit requirements of the Michigan merit standard under section 1278a or 1278b of the revised school code, MCL 380.1278a or 380.1278b, ensure that the virtual course is aligned to the appropriate state content standards established by the department.
(c) (b) Assign to each pupil a teacher of record and provide the primary district with the personnel identification code assigned by the center for the teacher of record. If the provider is a community college or state public university, the virtual course must be taught by an instructor employed by or contracted through the providing community college or state public university.
(d) (c) Offer the virtual course on an open entry and exit method, or aligned to a semester, trimester, or accelerated academic term format.
(e) (d) If the virtual course is offered to eligible pupils in more than 1 district, the following additional requirements must also be met:
(i)
Provide the Michigan Virtual University described in section 98 with a course
syllabus that meets the definition under subsection (14)(g) (14)(j) in a form and manner prescribed by
the Michigan Virtual University for inclusion in a
statewide catalog of virtual courses.
(ii)
Not later than October 1 of each fiscal year, provide the Michigan
Virtual University described in section 98 with an aggregated
count of enrollments for each virtual course the provider delivered to pupils pursuant to under this section
during the immediately preceding school year, and the number of enrollments in
which the pupil earned 60% or more of the total course points for each virtual
course.
(8) To Except as otherwise provided under subsection (15), to provide
an online a virtual course under
this section, a community college shall or state public university must ensure that
each online virtual course it
provides under this section generates postsecondary credit.
(9) For Except as otherwise provided under subsection (15), for any
virtual course a pupil enrolls in under this section, the pupil's primary
district must assign to the pupil a mentor and shall supply the provider with
the mentor's contact information.
(10) For Except as otherwise provided under subsection (15), for a
pupil enrolled in 1 or more virtual courses, the primary district shall use
foundation allowance or per-pupil funds calculated under section 20 to pay for
the expenses associated with the virtual course or courses. A Except as otherwise provided in this
subsection or subsection (15), a primary district is not required
to pay toward the cost of a virtual course an amount that exceeds 6.67% of the
minimum foundation allowance for the current fiscal year as calculated under
section 20. However, for a
pupil enrolled in a virtual course that is provided by a community college or
state public university, payment for that course must be an amount equal to the
lesser of the amount of the eligible charges or the prorated percentage of the
statewide pupil-weighted average foundation allowance, as calculated under this
subsection and section 20, for all districts for the fiscal year that begins on
October 1 of the academic year of enrollment in the virtual course, with the
proration based on the proportion of the school year that the pupil is enrolled
in the virtual course. In the calculation of the statewide pupil-weighted
average foundation allowance for the purposes of this subsection, if a district's
foundation allowance is above the target foundation allowance under section 20,
then the district's foundation allowance is considered to be the target
foundation allowance. As used in this subsection, "eligible charges"
means tuition and mandatory course fees, material fees, and registration fees
required by the community college or state public university for the virtual
course, and include any late fees charged by the community college or state
public university due to the primary district's failure to make a required
payment. Eligible charges do not include transportation or parking costs or
activity fees.
(11) A virtual learning pupil shall have has the same rights and
access to technology in his or her primary district's school facilities as all
other pupils enrolled in the pupil's primary district. The department shall
establish standards for hardware, software, and internet access for pupils who
are enrolled in more than 2 virtual courses under this section in an academic term,
semester, or trimester taken at a location other than a school facility.
(12) If a pupil successfully completes a
virtual course, as determined by the pupil's primary district, the pupil's
primary district shall grant appropriate academic credit for completion of the
course and shall count that credit toward completion of graduation and subject
area requirements. A pupil's school record and transcript shall must identify the
virtual course title as it appears in the virtual course syllabus.
(13) The enrollment of a pupil in 1 or
more virtual courses shall does not result in a
pupil being counted as more than 1.0 full-time equivalent pupils under this
article. The Except as otherwise provided under subsection
(15), the minimum requirements to count the pupil in membership
are those established by the pupil accounting manual as it was in effect for
the 2015-2016 school year or as subsequently amended by the department if the department notifies the
legislature about the proposed amendment at least 60 days before the amendment
becomes effective.immediately
upon amendment if the amendment was recommended by the pupil accounting and
pupil auditing manual oversight committee under section 18.
(14) As used in this section:
(a) "Community college"
means a community college organized under the community college act of 1966,
1966 PA 331, MCL 389.1 to 389.195.
(b) (a) "Instructor" means an
individual who is employed by or contracted through a community college or an individual who is employed by
or contracted through a state public university.
(c) (b) "Mentor" means a
professional employee of the primary district who monitors the pupil's
progress, ensures the pupil has access to needed technology, is available for
assistance, and ensures access to the teacher of record. A mentor may also serve
as the teacher of record if the primary district is the provider for the
virtual course and the mentor meets the requirements under subdivision (e).(h).
(d) (c) "Primary district" means
the district that enrolls the pupil and reports the pupil for pupil membership
purposes.
(e) (d) "Provider" means the a district, including a district that operates
as a cyber school as that term is defined in section 551 of the revised school
code, MCL 380.551, an intermediate district, or community college, state public university, or other
person or entity that the primary district pays to provide the
virtual course. or the Michigan Virtual University
if it is providing the virtual course.
(f) "Qualifying statewide
educational institution" means the Michigan Virtual University described
in section 98 or a state public university.
(g) "State public
university" means a university described in section 4, 5, or 6 of article
VIII of the state constitution of 1963.
(h) (e) "Teacher of record" means
a teacher who meets all of the following:
(i)
Holds a valid Michigan teaching certificate or a teaching permit recognized by
the department.
(ii)
If applicable, is endorsed in the subject area and grade of the virtual course.
(iii)
Is responsible for providing instruction, determining instructional methods for
each pupil, diagnosing learning needs, assessing pupil learning, prescribing
intervention strategies and modifying lessons, reporting outcomes, and
evaluating the effects of instruction and support strategies.
(iv)
Has a personnel identification code provided by the center.
(v)
If the provider is a community college, is an instructor employed by or
contracted through the providing community college.
(vi) If the provider is a state public
university, is a regular or adjunct member of the state public university's
faculty.
(i) (f) "Virtual course" means a
course of study that is capable of generating a credit or a grade and that is
provided in an interactive learning environment where the majority of the
curriculum is delivered using the internet and in which pupils may be separated
from their instructor or teacher of record by time or location, or both.
(j) (g) "Virtual course syllabus"
means a document that includes all of the following:
(i)
An alignment document detailing how the course meets applicable state standards established by the department
or, if the state does not
have state department
has not established standards for that course or subject area, nationally
recognized standards.
(ii)
The virtual course content outline.
(iii)
The virtual course required assessments.
(iv)
The virtual course prerequisites.
(v)
Expectations for actual instructor or teacher of record contact time with the
virtual learning pupil and other communications between a pupil and the
instructor or teacher of record.
(vi)
Academic support available to the virtual learning pupil.
(vii)
The virtual course learning outcomes and objectives.
(viii)
The name of the institution or organization providing the virtual content.
(ix)
The name of the institution or organization providing the instructor or teacher
of record.
(x)
The course titles assigned by the provider and the course titles and course
codes from the National Center for Education Statistics (NCES) school codes for
the exchange of data (SCED).
(xi)
The number of eligible pupils that will be accepted by the provider in the
virtual course. A primary district that is also the provider may limit the
enrollment to those pupils enrolled in the primary district.
(xii)
The results of the virtual course quality review using the guidelines and model
review process published by the Michigan Virtual University.
(k) (h) "Virtual learning pupil"
means a pupil enrolled in 1 or more virtual courses.
(15) The requirements under this
section concerning virtual courses do not apply to virtual courses offered as
part of a program or programs for e-learning days adopted or renewed by a
district under section 1851b of the revised school code, MCL 380.1851b.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No.____ (request no. 06458'20 *).
(b) Senate Bill No.____ or House Bill No.____ (request no. 06899'20 *).
