Bill Text: MI SB0710 | 2011-2012 | 96th Legislature | Engrossed
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-Engrossed.html
SB-0710, As Passed House, April 26, 2012
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 710
A bill to amend 1996 PA 160, entitled
"Postsecondary enrollment options act,"
by amending the title and sections 3a, 4, 7, 9, 10, and 11 (MCL
388.513a, 388.514, 388.517, 388.519, 388.520, and 388.521), section
3a as added and 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. 3a. (1) Not later than July 1, 2005, the superintendent
of public instruction shall do both of the following:
(a) Approve 1 or more readiness assessments that may be used
for the purposes of determining eligible students beginning with
participation in the 2006-2007 school year. Readiness assessments
shall be aligned with state learning standards and shall provide
high school students with an early indication of proficiency in the
subject areas of English, mathematics, reading, social studies, and
science and contain a comprehensive career planning program.
(b) Determine qualifying scores for each subject area
component of a readiness assessment that indicate readiness to
enroll in a postsecondary course in that subject area under this
act.
(2) Not later than July 1, 2006, the superintendent of public
instruction shall determine qualifying scores for each subject area
component of the Michigan merit examination that indicate readiness
to enroll in a postsecondary course in that subject area under this
act.
(3) Unless the school district or state approved nonpublic
school in which the student is enrolled elects to pay these costs,
a student who takes a readiness assessment for the purposes of this
act is responsible for paying all costs for taking and obtaining
qualifying scores on a readiness assessment for the purposes of
this act. This state is not responsible for any of these costs.
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.
(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 department. 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 department, 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, after the expiration of the eligible
postsecondary institution's drop/add period for the course, both of
the following apply:
(a) Eligible postsecondary institution shall send a bill to
the department detailing the eligible charges for each eligible
course in which the eligible student is enrolled under this act.
(b) The department shall determine the amount of the eligible
charges to be paid by the department of treasury to the eligible
postsecondary institution on behalf of the eligible student under
this act and shall deliver this information to the department of
treasury by appropriate electronic means.
(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 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, with
the
proration based on the proportion of the school year that the
eligible
student attends the postsecondary institution. 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 enrollment in the
eligible postsecondary institution, with the proration based on the
proportion of the school year that the eligible student attends the
eligible 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 department of treasury
of the amount of the statewide pupil-weighted average foundation
allowance as calculated for the purposes of this subsection. 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, upon receiving from the department under
subsection (4) the amount of the eligible charges to be paid on
behalf of the eligible student, the department of treasury 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
enrollment in the eligible postsecondary institution, with the
proration based on the proportion of the school year that the
eligible student attends the eligible 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 department of treasury 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
department of treasury is required to pay under this act and that
are not paid by the department of treasury.
(7) (6)
An eligible postsecondary
institution shall not charge
a
late fee to an eligible student, or a school district, the
department, or the department of treasury 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 department may require an eligible student to provide, on a
form supplied by the school district, state approved nonpublic
school, or the department, reasonable verification that the
eligible student is regularly attending a postsecondary course.
(9) (8)
If For an eligible student enrolled who is enrolled in
a school district and who enrolls in an eligible course under this
act, if the student does not complete the eligible course or, if
the student enrolls in an eligible course for postsecondary credit
only and the student does not successfully complete the eligible
course, as determined by the eligible postsecondary institution,
and if the school district has paid money for the course on behalf
of
the student, the all of
the following apply:
(a) The eligible 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 eligible student any refunded money in excess of the amount
paid by the school district for the course on behalf of the
eligible student.
(b) The eligible student shall repay to the school district
any funds that were expended by the school district for the course
that are not refunded to the school district by the eligible
postsecondary institution. If the eligible student does not repay
this money, the school district may impose sanctions against the
eligible student as determined by school district policy. This
subdivision does not apply to an eligible student who does not
complete the course due to a family or medical emergency, as
determined by the eligible postsecondary institution.
(10) For an eligible student who is enrolled in a state
approved nonpublic school, and who enrolls in an eligible course
under this act, if the eligible student does not complete the
eligible course or, if the eligible student enrolls in an eligible
course for postsecondary credit only and the eligible student does
not successfully complete the eligible course, as determined by the
eligible postsecondary institution, and if the department of
treasury has paid money for the course on behalf of the eligible
student, all of the following apply:
(a) The eligible postsecondary institution shall forward to
the department of treasury any funds that are refundable due to
noncompletion of the course. If applicable, the eligible
postsecondary institution shall then refund to the eligible student
any funds that are refundable due to noncompletion of the course
and are in excess of the amount paid by the department of treasury
for the course on behalf of the eligible student.
(b) The eligible student shall repay to the department of
treasury any funds that were expended by the department of treasury
for the course that are not refunded to the department of treasury
by the eligible postsecondary institution. This subdivision does
not apply to an eligible student who does not complete the course
due to a family or medical emergency, as determined by the eligible
postsecondary institution.
(11)
(9) A school district, state approved nonpublic school,
the department, or the department of treasury 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, department, or department of treasury
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, department, or department of treasury 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
or state approved nonpublic school; 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
388.1896,
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 under
this section for a student enrolled in a postsecondary institution
under this act, the student's enrollment in both the state approved
nonpublic school and the postsecondary institution shall be counted
as enrollment in the state approved nonpublic school and a student
shall not be considered to be enrolled in a state approved
nonpublic school less than full-time solely because of the effect
of the student's postsecondary enrollment under this act, including
necessary travel time, on the number of class hours provided by the
state approved nonpublic school to the student.
(14) (12)
This act does not require a school
district or the
department of treasury 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
this state 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.
(15) The legislature shall appropriate funds to the department
of treasury for making payments required to be made by the
department of treasury 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 eligible 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 provided in subsection (3), an
eligible student who is enrolled in a state approved nonpublic
school may enroll in, and receive payment by the department of
treasury 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 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 department of
treasury 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 eligible 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 department of treasury, as
applicable, and of financial arrangements for eligible charges and
for paying costs not paid for by the school district or department
of treasury; eligibility for payment of all or part of eligible
charges by the school district or department of treasury, 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 department of treasury under this act, the
school district or department of treasury, as applicable, will pay
that support directly to the eligible postsecondary institution
upon being billed by the eligible 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, including the
possibility of being required to repay the school district or
department of treasury, as applicable, for money paid on behalf of
the eligible student; 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) Each eligible postsecondary institution shall annually
report to the department, in the form and manner prescribed by the
department, all of the following information:
(a) The number of eligible students who enrolled in the
eligible postsecondary institution under this act during the
preceding academic year.
(b) The total number of eligible courses completed by eligible
students under this act at the eligible postsecondary institution
during the preceding academic year.
(c) The number of eligible courses under subdivision (b) for
which the eligible postsecondary institution granted postsecondary
credit to the eligible student.
(d) The number of eligible courses under subdivision (b) for
which the eligible postsecondary institution declined to grant
postsecondary credit to the eligible student.
(3) (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 takes effect July 1,
2012.
Enacting section 2. 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.
