Bill Text: MI SB0710 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Education; students; dual enrollment opportunities for high school students in certain postsecondary institutions; expand to nonpublic school and home-schooled students. Amends title & secs. 3a, 4, 7, 9, 10 & 11 of 1996 PA 160 (MCL 388.513a et seq.). TIE BAR WITH: SB 0622'11, SB 0623'11, SB 0709'11
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-05-16 - Assigned Pa 0134'12 With Immediate Effect [SB0710 Detail]
Download: Michigan-2011-SB0710-Introduced.html
SENATE BILL No. 710
September 28, 2011, Introduced by Senator EMMONS and referred to the Committee on Education.
A bill to amend 1996 PA 160, entitled
"Postsecondary enrollment options act,"
by amending the title and sections 4, 7, 9, 10, and 11 (MCL
388.514, 388.517, 388.519, 388.520, and 388.521), section 9 as
amended by 2004 PA 594.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to establish a postsecondary enrollment options program
for
certain students; enrolled in Michigan schools; to prescribe
certain duties of public schools, certain nonpublic schools, and
certain postsecondary institutions; to prescribe certain powers and
duties of certain state departments, officials, and agencies; and
to repeal acts and parts of acts.
Sec. 4. (1) The school district or state approved nonpublic
school in which an eligible student is enrolled shall provide to
the eligible student a letter signed by the student's principal
indicating the student's eligibility under this act. For a home-
schooled child, the child's parent or legal guardian may supply
this letter.
(2) An eligible student may apply to an eligible postsecondary
institution to enroll in 1 or more eligible courses offered by that
eligible postsecondary institution and, if accepted, may enroll in
1 or more of those courses.
(3)
Within For an eligible
student enrolled in a school
district, within a reasonable time after registration, the eligible
postsecondary institution shall send written notice to the eligible
student and his or her school district. For an eligible student
enrolled in a state approved nonpublic school, within a reasonable
time after registration, the eligible postsecondary institution
shall send written notice to the eligible student and his or her
state approved nonpublic school and to the state treasurer. For an
eligible student who is a home-schooled child, within a reasonable
time after registration, the eligible postsecondary institution
shall send written notice to the eligible student and his or her
parent or legal guardian and to the state treasurer. The notice
shall indicate the course or courses and hours of enrollment of
that eligible student. The eligible postsecondary institution shall
notify the eligible student about tuition, fees, books, materials,
and other related charges, as determined by the postsecondary
institution, in the customary manner used by the eligible
postsecondary institution, and shall notify the eligible student of
the estimated amount of the eligible charges that will be billed to
the school district or the state treasurer, as applicable, under
subsection (4).
(4)
Unless For an eligible
student enrolled in a school
district, unless otherwise agreed between the eligible
postsecondary institution and the school district, after the
expiration of the institution's drop/add period for the course, an
eligible postsecondary institution shall send a bill to the
eligible student's school district detailing the eligible charges
for each eligible course in which the eligible student is enrolled
under this act. For an eligible student who is enrolled in a state
approved nonpublic school or who is a home-schooled child, unless
otherwise agreed between the eligible postsecondary institution and
the state treasurer, after the expiration of the institution's
drop/add period for the course, an eligible postsecondary
institution shall send a bill to the state treasurer detailing the
eligible charges for each eligible course in which the eligible
student is enrolled under this act.
(5)
Upon For an eligible
student enrolled in a school
district, upon receiving the bill under subsection (4), the school
district shall cause to be paid to the eligible postsecondary
institution on behalf of the eligible student an amount equal to
the lesser of the amount of the eligible charges or the prorated
percentage of the state portion of the foundation allowance paid on
behalf of that particular eligible student as calculated under
section
20 of the state school aid act of 1979, Act No. 94 of the
Public
Acts of 1979, being section 388.1620 of the Michigan
Compiled
Laws, 1979 PA 94, MCL
388.1620, with the proration based
on the proportion of the school year that the eligible student
attends the postsecondary institution. A school district may pay
more money to an eligible postsecondary institution on behalf of an
eligible student than is required under this act, and may use local
school operating revenue for that purpose. The eligible student is
responsible for payment of the remainder of the costs associated
with his or her postsecondary enrollment that exceed the amount the
school district is required to pay under this act and that are not
paid by the school district. As used in this subsection, "local
school operating revenue" means that term as defined in section 20
of
Act No. 94 of the Public Acts of 1979.the state school aid act
of 1979, 1979 PA 94, MCL 388.1620.
(6) For an eligible student who is enrolled in a state
approved nonpublic school or who is a home-schooled child, upon
receiving the bill under subsection (4), the state treasurer shall
cause to be paid to the eligible postsecondary institution on
behalf of the eligible student 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 section 20 of the state school aid act of 1979,
1979 PA 94, MCL 388.1620, for all school districts for the state
fiscal year that begins on October 1 of the academic year of the
postsecondary enrollment, with the proration based on the
proportion of the school year that the eligible student attends the
postsecondary institution. However, in the calculation of the
statewide pupil-weighted average foundation allowance for the
purposes of this subsection, if a school district's foundation
allowance is above the basic foundation allowance under section 20
of the state school aid act of 1979, 1979 PA 94, MCL 388.1620, then
the school district's foundation allowance shall be considered to
be the basic foundation allowance. Not later than September 1 of
each year, the department shall notify the state treasurer of the
amount of the statewide pupil-weighted average foundation allowance
as calculated for the purposes of this subsection.
The eligible student is responsible for payment of the remainder of
the costs associated with his or her postsecondary enrollment that
exceed the amount the state treasurer is required to pay under this
act and that are not paid by the state treasurer.
(7) (6)
An eligible postsecondary
institution shall not charge
a
late fee to an eligible student, or a school district, or the
state treasurer for a payment that is made in compliance with the
timetable prescribed under this act even if the payment would
otherwise be considered late by the postsecondary institution.
(8) (7)
A school district, state approved nonpublic school, or
the state treasurer may require an eligible student to provide, on
a form supplied by the school district, state approved nonpublic
school, or the state treasurer, reasonable verification that the
eligible student is regularly attending a postsecondary course.
(9) (8)
If For an eligible student who is enrolled in a school
district and is enrolled in an eligible course under this act, if
the student does not complete the eligible course, and if the
school district has paid money for the course on behalf of the
student, the postsecondary institution shall forward to the school
district any funds that are refundable due to noncompletion of the
course. The school district shall then forward to the student any
refunded money in excess of the amount paid by the school district
for the course on behalf of the student.
(10) For an eligible student who is enrolled in a state
approved nonpublic school, or is a home-schooled child, and who is
enrolled in an eligible course under this act, if the student does
not complete the eligible course, and if the state treasurer has
paid money for the course on behalf of the student, the
postsecondary institution shall forward to the state treasurer any
funds that are refundable due to noncompletion of the course. The
state treasurer shall then forward to the student any refunded
money in excess of the amount paid by the state treasurer for the
course on behalf of the student.
(11)
(9) A school district, state approved nonpublic school,
or the state treasurer shall make available to an eligible student
enrolled
in the school district copies of
all correspondence in the
possession of the school district, state approved nonpublic school,
or state treasurer regarding the eligible student's participation
in postsecondary enrollment under this act. Correspondence
described in this subsection shall be kept by the school district,
state approved nonpublic school, or state treasurer for at least 1
year.
(12) (10)
If a school district pays for books
for an eligible
student for a postsecondary course under this section, the books
are the property of the school district and shall be turned over to
the school district after the eligible student completes the
course.
(13) (11)
This section does not apply to any
postsecondary
courses in which an eligible student is enrolled in addition to
being enrolled full-time in that eligible student's school
district, state approved nonpublic school, or home school program;
to a postsecondary course an eligible student is retaking after
failing to achieve a satisfactory grade; or to a course contrary to
the eligibility provisions of this act. In determining full-time
enrollment
in a school district under this act section or a school
district's
full-time equated membership under Act
No. 94 of the
Public
Acts of 1979, being sections 388.1601 to 388.1772 of the
Michigan
Compiled Laws, the state
school aid act of 1979, 1979 PA
94,
MCL 388.1601 to 388.1772, for pupils
a pupil enrolled in a
postsecondary institution under this act, the pupil's enrollment in
both the school district and the postsecondary institution shall be
counted as enrollment in the school district and a pupil shall not
be considered to be enrolled in a school district less than full-
time solely because of the effect of the pupil's postsecondary
enrollment, including necessary travel time, on the number of class
hours provided by the school district to the pupil. In determining
full-time enrollment in a state approved nonpublic school or home
school program under this section for a pupil enrolled in a
postsecondary institution under this act, the pupil's enrollment in
both the state approved nonpublic school or home school program and
the postsecondary institution shall be counted as enrollment in the
state approved nonpublic school or home school program and a pupil
shall not be considered to be enrolled in a state approved
nonpublic school or home school program less than full-time solely
because of the effect of the pupil's postsecondary enrollment under
this act, including necessary travel time, on the number of class
hours provided by the state approved nonpublic school or home
school program to the pupil.
(14) (12)
This act does not require a school
district or the
state treasurer to pay or otherwise provide financial support for
transportation or parking costs necessary for an eligible student
to participate in postsecondary enrollment under this act. A school
district, state approved nonpublic school, or the state treasurer
is not liable for any injury incurred by an eligible student that
is related to transportation necessary for the eligible student to
participate in postsecondary enrollment under this act.
Sec. 7. (1) An eligible student who is enrolled in a school
district may enroll in, and receive payment by the school district
under section 4(5) of all or part of eligible charges for, an
eligible course under this act for high school credit or
postsecondary credit, or both. At the time an eligible student who
is enrolled in a school district enrolls in a postsecondary course
under this act, he or she shall designate whether the course is for
high school or postsecondary credit, or both, and shall notify both
his or her high school and the postsecondary institution of that
designation. An eligible student taking more than 1 postsecondary
course under this act may make different credit designations under
this subsection for different courses.
(2) Except as otherwise promised in subsection (3), an
eligible student who is enrolled in a state approved nonpublic
school or who is a home-schooled child may enroll in, and receive
payment by the state treasurer under section 4(6) of all or part of
eligible charges for, an eligible course under this act only for
postsecondary credit and may not receive high school credit for the
course.
(3) If an eligible student who is enrolled in a state approved
nonpublic school or who is a home-schooled child is enrolled in an
eligible course that would have been considered a nonessential
elective course under Snyder v Charlotte School Dist, 421 Mich 517
(1984), then the eligible student may enroll in, and receive
payment by the school district under section 4(6) of all or part of
eligible charges for, an eligible course under this act for high
school credit or postsecondary credit, or both. At the time an
eligible student enrolls under this act in an eligible course
described in this subsection, he or she shall designate whether the
course is for high school or postsecondary credit, or both, and
shall notify both his or her high school and the postsecondary
institution of that designation. An eligible student taking more
than 1 eligible course described in this subsection under this act
may make different credit designations under this subsection for
different courses.
(4) An eligible student shall not audit a postsecondary course
in which he or she is enrolled under this act.
(5) (2)
A school district shall grant
academic credit to an
eligible student enrolled in an eligible course for high school
credit under this act if he or she successfully completes the
course, as determined by the eligible postsecondary institution.
The amount of high school credit granted by a school district for a
postsecondary course completed under this act shall be determined
by the school district.
(6) (3)
The high school credits granted to
an eligible student
under this act shall be counted toward the graduation requirements
and subject area requirements of the school district. Evidence of
successful completion of each course and high school credits
granted shall be included in the eligible student's high school
record.
Subject to section 438 of subpart 2 of part C of the
general
education provisions act, title IV of Public Law 90-247, 20
U.S.C.
20 USC 1232g, commonly referred to as the family
educational
rights and privacy act of 1974, an eligible postsecondary
institution shall provide the school district with a copy of the
eligible student's grade in each course taken for high school
credit under this act. Upon the request of an eligible student, his
or her high school record and transcript shall also include
evidence of successful completion and postsecondary credits granted
for a course taken for postsecondary credit under this act. In
either case, the eligible student's high school record and
transcript shall indicate that the credits were earned at an
eligible postsecondary institution and identify the postsecondary
institution.
(7) (4)
If a student enrolls in an eligible
postsecondary
institution after leaving high school, the eligible postsecondary
institution, in accordance with institutional policy, shall award
postsecondary credit for postsecondary courses successfully
completed by that student for high school credit under this act at
that eligible postsecondary institution. An eligible postsecondary
institution shall not charge a student for credit awarded under
this subsection.
Sec. 9. (1) Each school district or state approved nonpublic
school shall provide information to all high school students on the
postsecondary enrollment options under this act, including
enrollment eligibility; the institutions and types of courses that
are eligible for participation; the decision making process for
granting academic credits; an explanation of eligible charges that
will be paid by the school district or state treasurer, as
applicable, and of financial arrangements for eligible charges and
for paying costs not paid for by the school district or state
treasurer; eligibility for payment of all or part of eligible
charges by the school district or state treasurer, as applicable,
under this act; an explanation that, if the student qualifies for
payment of all or part of eligible charges by the school district
or state treasurer under this act, the school district or state
treasurer, as applicable, will pay that support directly to the
postsecondary institution upon being billed by the postsecondary
institution and that the student is not responsible for that
payment but is responsible for payment of costs not paid for under
this act; available support services; the need to arrange an
appropriate schedule; consequences of failing or not completing a
postsecondary course in which the eligible student enrolls; the
effect of enrolling in a postsecondary course on the eligible
student's ability to complete the required high school graduation
requirements; and the academic and social responsibilities that
must be assumed by the eligible student and his or her parent or
guardian.
(2) To the extent possible, a school district or state
approved nonpublic school shall provide counseling services to an
eligible student and his or her parent or guardian before the
eligible student enrolls in postsecondary courses under this act to
ensure that the eligible student and his or her parent or guardian
are fully aware of the benefits, risks, and possible consequences
of enrolling in a postsecondary course. The person providing the
counseling shall encourage the eligible student and his or her
parent or guardian to also use available counseling services at the
eligible postsecondary institutions before the quarter or semester
of enrollment to ensure that anticipated plans are appropriate. A
school district or state approved nonpublic school may provide the
counseling required under this section in a group meeting if
additional personalized counseling is also made available.
(3) Before enrolling in an eligible course at an eligible
postsecondary institution under this act, an eligible student and
his or her parent or guardian shall file with the eligible
postsecondary institution a signed form provided by the eligible
student's school district or state approved nonpublic school
stating that the student is an eligible student and has received
the information and counseling specified in subsections (1) and (2)
and that the student understands the responsibilities that must be
assumed in enrolling in the course. Upon request, the department
shall provide technical assistance to a school district or state
approved nonpublic school and to an eligible postsecondary
institution in developing appropriate forms and counseling
guidelines for purposes of this section.
Sec.
10. By May 1, 1996, and by March 1 of each succeeding
year, a school district or state approved nonpublic school shall
provide general information about the postsecondary enrollment
options under this act to all pupils in grade 8 or higher.
Sec. 11. (1) Each intermediate school district annually shall
collect from each of its constituent school districts and provide
to the department at the same time that it submits the annual
comprehensive financial report required under section 18 of the
state
school aid act of 1979, Act No. 94 of the Public Acts of
1979,
being section 388.1618 of the Michigan Compiled Laws, 1979 PA
94, MCL 388.1618, information for the immediately preceding school
year on all of the following:
(a) The amount of money expended by the school district for
payments required under this act.
(b) The number of eligible students who were enrolled in the
school district and the number of those eligible students who
enrolled in 1 or more postsecondary courses and received payment of
all or part of eligible charges under this act, both in the
aggregate and by grade level.
(c) The percentage of the school district's enrollment
represented by the eligible students described in subdivision (b),
both in the aggregate and by grade level.
(d) The total number of postsecondary courses for which the
school district made payment under this act, the number of those
courses for which postsecondary credit was granted, the number of
those courses for which high school credit was granted, and the
number of those courses that were not completed by the eligible
student.
(2) Not later than March 1 of each year, the department shall
prepare and submit to the house and senate fiscal agencies and the
department of technology, management, and budget a summary annual
report
on the information received under subsection (1).this
section.
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. 622.
(b) Senate Bill No. 623.
(c) Senate Bill No. 709.
