SB-0619, As Passed Senate, October 27, 2011

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 619

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 552 (MCL 380.552), as added by 2009 PA 205.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 552. (1) Except as otherwise provided in subsections (2)

 

and (3), not more than a combined total of 10 contracts to organize

 

and operate a school of excellence may be issued by all authorizing

 

bodies under this subsection. All of the following apply to a

 

contract issued under this subsection:

 

     (a) The issuance of the contract must be approved by the

 

superintendent of public instruction. The superintendent of public

 

instruction shall approve issuance of a contract if he or she

 

determines that the proposed school of excellence is modeled after

 

a high-performing school or program.

 

     (b) A contract may not be issued under this subsection after

 

January 1, 2015.

 

     (b) (c) The first 5 contracts issued by all authorizing bodies

 

under this subsection shall be for schools of excellence that offer

 

1 or more of high school grades 9 to 12, or any combination of

 

those grades, as specified in the contract.

 

     (c) (d) A school of excellence authorized under this

 

subsection shall not be located in a school district that has a

 

graduation rate of over 75%, on average, for the most recent 3

 

school years for which the data are available, as determined by the

 

department.

 

     (2) A combined total of 2 contracts contract may be issued by

 

all an authorizing bodies body under this subsection for schools a

 

school of excellence that are cyber schools is a cyber school and

 

that meet meets all of the following additional requirements:

 

     (a) Are Is available for enrollment to all pupils in this

 

state. who were previously enrolled in a public school.

 

     (b) Offer Offers some configuration of or all of grades K to

 

12.

 

     (c) The entity applying for the school of excellence that is a

 

cyber school demonstrates experience in serving urban and at-risk

 

student populations through an educational model involving a

 

significant cyber component.delivering a quality education program

 

that improves pupil academic achievement.

 

     (d) Has an initial enrollment in the school of excellence that

 

is a cyber school that does not exceed 400 pupils.

 

     (e) In the second and subsequent years of operation under the

 

contract, a school of excellence that is a cyber school may expand

 

enrollment to exceed 400 pupils by adding 1 pupil for each pupil

 

who becomes enrolled in the school of excellence who is identified

 

as a dropout in the Michigan student data system maintained by the

 

center for educational performance and information. The school of

 

excellence that is a cyber school shall annually account for the

 

number of pupils it enrolls who are identified as a dropout in the

 

Michigan student data system and report that information to the

 

department, in a form and manner determined by the superintendent

 

of public instruction. The school of excellence shall maintain its

 

ratio of pupils who are identified as a dropout. Maximum enrollment

 

at a school of excellence that is a cyber school shall not exceed

 

1,000 pupils.

 

     (3) For a public school academy operating under part 6a that

 

meets the requirements of subsection (4), with the approval of its

 

authorizing body, the board of directors of the public school

 

academy may adopt a resolution choosing to convert the public

 

school academy to a school of excellence under this part. If the

 

board of directors of a public school academy that meets the

 

requirements of subsection (4) is issued a contract as a school of

 

excellence under this subsection, all the following apply:

 

     (a) The public school academy shall cease to operate as a

 

public school academy under part 6a and shall operate as a school

 

of excellence upon the issuance of a contract or at another time as

 

determined by the authorizing body.

 

     (b) The public school academy shall be considered to be a

 

school of excellence for all purposes upon the issuance of a

 

contract or at another time as determined by the authorizing body,

 

but shall retain its corporate identity.

 

     (c) The conversion of a public school academy under part 6a to

 

a school of excellence operating under this part shall not impair

 

any agreement, mortgage, loan, bond, note or other instrument of

 

indebtedness, or any other agreement entered into by a public

 

school academy while it was operating under part 6a.

 

     (d) The contract issued to the public school academy under

 

part 6a shall automatically terminate upon the issuance of a

 

contract or at another time as determined by the authorizing body.

 

     (4) Subsection (3) applies to a public school academy that is

 

determined by the department to meet all of the following, as

 

applicable:

 

     (a) If the public school academy operates only some or all of

 

grades K to 8, meets at least 1 of the following:

 

     (i) On average over a 3-year period, at least 90% of the pupils

 

enrolled in the public school academy achieved a score of

 

proficient or better on the Michigan education assessment program

 

mathematics and reading tests or successor state assessment

 

program.

 

     (ii) On average over a 3-year period, at least 70% of the

 

pupils enrolled in the public school academy achieved a score of

 

proficient or better on the Michigan education assessment program

 

mathematics and reading tests or successor state assessment program

 

and at least 50% of the pupils enrolled in the public school

 

academy met the income eligibility criteria for the federal free or

 

reduced-price lunch program, as determined under the Richard B.

 

Russell national school lunch act, 42 USC 1751 to 1769i, and

 

reported to the department.

 

     (b) If the public school academy operates grades 9 to 12, at

 

least 80% of the school's pupils graduate from high school or are

 

determined by the department to be on track to graduate from high

 

school, the school has at least 80% average attendance, and the

 

school has at least an 80% postsecondary enrollment rate.

 

     (5) A school of excellence shall be organized and administered

 

under the direction of a board of directors in accordance with this

 

part and with bylaws adopted by the board of directors. A school of

 

excellence shall be organized under the nonprofit corporation act,

 

1982 PA 162, MCL 450.2101 to 450.3192, except that a school of

 

excellence is not required to comply with sections 170 to 177 of

 

1931 PA 327, MCL 450.170 to 450.177. To the extent disqualified

 

under the state or federal constitution, a school of excellence

 

shall not be organized by a church or other religious organization

 

and shall not have any organizational or contractual affiliation

 

with or constitute a church or other religious organization.

 

     (6) Any of the following may act as an authorizing body to

 

issue a contract to organize and operate 1 or more schools of

 

excellence under this part:

 

     (a) The board of a school district that operates grades K to

 

12. However, the board of a school district shall not issue a

 

contract for a school of excellence to operate outside the school

 

district's boundaries, and a school of excellence authorized by the

 

board of a school district shall not operate outside that school

 

district's boundaries.

 

     (b) An intermediate school board. However, the board of an

 

intermediate school district shall not issue a contract for a

 

school of excellence to operate outside the intermediate school

 

district's boundaries, and a school of excellence authorized by the

 

board of an intermediate school district shall not operate outside

 

that intermediate school district's boundaries.

 

     (c) The board of a community college. The board of a community

 

college shall not issue a contract for a school of excellence to

 

operate outside the boundaries of the community college district,

 

and a school of excellence authorized by the board of a community

 

college shall not operate outside the boundaries of the community

 

college district. The board of a community college also may issue a

 

contract for not more than 1 school of excellence to operate on the

 

grounds of an active or closed federal military installation

 

located outside the boundaries of the community college district,

 

or may operate a school of excellence itself on the grounds of such

 

a federal military installation, if the federal military

 

installation is not located within the boundaries of any community

 

college district and the community college has previously offered

 

courses on the grounds of the federal military installation for at

 

least 10 years.

 

     (d) The governing board of a state public university.

 

     (7) To obtain a contract to organize and operate 1 or more

 

schools of excellence, 1 or more persons or an entity may apply to

 

an authorizing body described in this section. The application

 

shall include at least all of the following:

 

     (a) Identification of the applicant for the contract.

 

     (b) Subject to the resolution adopted by the authorizing body

 

under section 553(4), a list of the proposed members of the board

 

of directors of the school of excellence and a description of the

 

qualifications and method for appointment or election of members of

 

the board of directors.

 

     (c) The proposed articles of incorporation, which shall

 

include at least all of the following:

 

     (i) The name of the proposed school of excellence.

 

     (ii) The purposes for the school of excellence corporation.

 

This language shall provide that the school of excellence is

 

incorporated pursuant to this part and that the school of

 

excellence is a governmental entity.

 

     (iii) The name of the authorizing body.

 

     (iv) The proposed time when the articles of incorporation will

 

be effective.

 

     (v) Other matters considered expedient to be in the articles

 

of incorporation.

 

     (d) A copy of the proposed bylaws of the school of excellence.

 

     (e) Documentation meeting the application requirements of the

 

authorizing body, including at least all of the following:

 

     (i) The governance structure of the school of excellence.

 

     (ii) A copy of the educational goals of the school of

 

excellence and the curricula to be offered and methods of pupil

 

assessment to be used by the school of excellence. To the extent

 

applicable, the progress of the pupils in the school of excellence

 

shall be assessed using at least a Michigan education assessment

 

program (MEAP) test or the Michigan merit examination under section

 

1279g.

 

     (iii) The admission policy and criteria to be maintained by the

 

school of excellence. The admission policy and criteria shall

 

comply with section 556. This part of the application also shall

 

include a description of how the applicant will provide to the

 

general public adequate notice that a school of excellence is being

 

created and adequate information on the admission policy, criteria,

 

and process.

 

     (iv) Except for a school of excellence that is a cyber school,

 

the school calendar and school day schedule.

 

     (v) The age or grade range of pupils to be enrolled.

 

     (f) Descriptions of staff responsibilities and of the school

 

of excellence governance structure.

 

     (g) For an application to the board of a school district, an

 

intermediate school board, or board of a community college,

 

identification of the school district and intermediate school

 

district in which the school of excellence will be located.

 

     (h) An agreement that the school of excellence will comply

 

with the provisions of this part and, subject to the provisions of

 

this part, with all other state law applicable to public bodies and

 

with federal law applicable to public bodies or school districts.

 

     (i) For a school of excellence authorized by a school

 

district, an assurance that employees of the school of excellence

 

will be covered by the collective bargaining agreements that apply

 

to other employees of the school district employed in similar

 

classifications in schools that are not schools of excellence.

 

     (j) A description of and address for the proposed physical

 

plant in which the school of excellence will be located.

 

     (8) An authorizing body shall oversee, or shall contract with

 

an intermediate school district, community college, or state public

 

university to oversee, each school of excellence operating under a

 

contract issued by the authorizing body. The oversight shall be

 

sufficient to ensure that the authorizing body can certify that the

 

school of excellence is in compliance with statute, rules, and the

 

terms of the contract.

 

     (9) If the superintendent of public instruction finds that an

 

authorizing body is not engaging in appropriate continuing

 

oversight of 1 or more schools of excellence operating under a

 

contract issued by the authorizing body, the superintendent of

 

public instruction may suspend the power of the authorizing body to

 

issue new contracts to organize and operate schools of excellence.

 

A contract issued by the authorizing body during the suspension is

 

void. A contract issued by the authorizing body before the

 

suspension is not affected by the suspension.

 

     (10) An authorizing body shall not charge a fee, or require

 

reimbursement of expenses, for considering an application for a

 

contract, for issuing a contract, or for providing oversight of a

 

contract for a school of excellence in an amount that exceeds a

 

combined total of 3% of the total state school aid received by the

 

school of excellence in the school year in which the fees or

 

expenses are charged. All of the following apply to this fee:

 

     (a) The authorizing body may use this fee only for the

 

following purposes:

 

     (i) Considering applications and issuing or administering

 

Senate Bill No. 619 as amended October 27, 2011

 

contracts.

 

     (ii) Compliance monitoring and oversight of schools of

 

excellence.

 

     (iii) Training for school of excellence applicants,

 

administrators, and boards of directors.

 

     (iv) Technical assistance to schools of excellence.

 

     (v) Academic support to schools of excellence or to pupils of

 

schools of excellence.

 

     (vi) Evaluation of school of excellence performance.

 

     (vii) Training of teachers.

 

     (viii) Other purposes that assist the school of excellence or

 

traditional public schools in achieving improved academic

 

performance.

 

     (b) The authorizing body may provide other services for a

 

school of excellence and charge a fee for those services, but shall

 

not require such an arrangement as a condition to issuing the

 

contract authorizing the school of excellence.

 

     (11) A school of excellence shall be presumed to be legally

 

organized if it has exercised the franchises and privileges of a

 

public school academy for at least 2 years.

(12) A school of excellence that is a cyber school may make

available to other public schools for purchase any of the course

offerings that the cyber school offers to its own

pupils.

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 96th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 618.

 

     (b) Senate Bill No. 620.

 

     (c) Senate Bill No. 621.