Bill Text: MI SB0863 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Appropriations; zero budget; school aid appropriations; provide for fiscal year 2018-2019. Amends secs. 11 & 17b of 1979 PA 94 (MCL 388.1611 & 388.1617b).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-12 - For Final Disposition Of Budget, See Hb 5579 [SB0863 Detail]
Download: Michigan-2017-SB0863-Engrossed.html
SB-0863, As Passed Senate, May 3, 2018
SUBSTITUTE FOR
SENATE BILL NO. 863
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 6, 11, 11a, 11j, 11k, 11m, 11s, 18, 19, 20,
20d, 20f, 21h, 22a, 22b, 22d, 22m, 22n, 24, 24a, 24c, 25f, 25g,
26a, 26b, 26c, 31a, 31d, 31f, 31j, 32d, 32p, 32q, 35a, 39, 39a, 41,
51a, 51c, 51d, 53a, 54, 54b, 55, 56, 61a, 61b, 61c, 62, 64b, 65,
67, 74, 81, 94, 94a, 95b, 98, 99h, 99r, 99s, 99t, 99u, 102d, 104,
104c, 107, 147, 147a, 147b, 147c, 147e, 152a, 152b, 163, 166b, and
169a (MCL 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k,
388.1611m, 388.1611s, 388.1618, 388.1619, 388.1620, 388.1620d,
388.1620f, 388.1621h, 388.1622a, 388.1622b, 388.1622d, 388.1622m,
388.1622n, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1625g,
388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f,
388.1631j, 388.1632d, 388.1632p, 388.1632q, 388.1635a, 388.1639,
388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a,
388.1654, 388.1654b, 388.1655, 388.1656, 388.1661a, 388.1661b,
388.1661c, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674,
388.1681, 388.1694, 388.1694a, 388.1695b, 388.1698, 388.1699h,
388.1699r, 388.1699s, 388.1699t, 388.1699u, 388.1702d, 388.1704,
388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c,
388.1747e, 388.1752a, 388.1752b, 388.1763, 388.1766b, and
388.1769a), sections 6, 11a, 11j, 11k, 11m, 11s, 18, 20, 20d, 20f,
22a, 22b, 22d, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31d, 31f,
32p, 32q, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 55, 56, 61a,
61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99s, 104, 147, 147b,
147c, 152a, and 152b as amended and sections 21h, 22m, 22n, and
147e as added by 2017 PA 108, sections 11, 31a, 31j, 32d, 35a, 61c,
95b, 99h, 99r, 99t, 102d, 104c, 107, 147a, and 166b as amended and
section 99u as added by 2017 PA 143, section 19 as amended by 2016
PA 533, section 163 as amended by 2015 PA 85, and section 169a as
amended by 1997 PA 93, and by adding sections 22p, 54c, 54d, 95c,
and 99v; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) "Center program" means a program operated by a
district or by an intermediate district for special education
pupils from several districts in programs for pupils with autism
spectrum disorder, pupils with severe cognitive impairment, pupils
with moderate cognitive impairment, pupils with severe multiple
impairments, pupils with hearing impairment, pupils with visual
impairment, and pupils with physical impairment or other health
impairment. Programs for pupils with emotional impairment housed in
buildings that do not serve regular education pupils also qualify.
Unless otherwise approved by the department, a center program
either shall serve all constituent districts within an intermediate
district or shall serve several districts with less than 50% of the
pupils residing in the operating district. In addition, special
education center program pupils placed part-time in noncenter
programs to comply with the least restrictive environment
provisions of section 612 of part B of the individuals with
disabilities education act, 20 USC 1412, may be considered center
program pupils for pupil accounting purposes for the time scheduled
in either a center program or a noncenter program.
(2) "District and high school graduation rate" means the
annual completion and pupil dropout rate that is calculated by the
center pursuant to nationally recognized standards.
(3) "District and high school graduation report" means a
report of the number of pupils, excluding adult education
participants, in the district for the immediately preceding school
year, adjusted for those pupils who have transferred into or out of
the district or high school, who leave high school with a diploma
or other credential of equal status.
(4) "Membership", except as otherwise provided in this
article, means for a district, a public school academy, or an
intermediate district the sum of the product of .90 times the
number of full-time equated pupils in grades K to 12 actually
enrolled and in regular daily attendance on the pupil membership
count day for the current school year, plus the product of .10
times the final audited count from the supplemental count day for
the immediately preceding school year. A district's, public school
academy's, or intermediate district's membership shall be adjusted
as provided under section 25e for pupils who enroll after the pupil
membership count day in a strict discipline academy operating under
sections 1311b to 1311m of the revised school code, MCL 380.1311b
to 380.1311m. However, for a district that is a community district,
"membership" means the sum of the product of .90 times the number
of full-time equated pupils in grades K to 12 actually enrolled and
in regular daily attendance in the community district on the pupil
membership count day for the current school year, plus the product
of .10 times the sum of the final audited count from the
supplemental count day of pupils in grades K to 12 actually
enrolled and in regular daily attendance in the community district
for the immediately preceding school year plus the final audited
count from the supplemental count day of pupils in grades K to 12
actually enrolled and in regular daily attendance in the education
achievement system for the immediately preceding school year. All
pupil counts used in this subsection are as determined by the
department and calculated by adding the number of pupils registered
for attendance plus pupils received by transfer and minus pupils
lost as defined by rules promulgated by the superintendent, and as
corrected by a subsequent department audit. The amount of the
foundation allowance for a pupil in membership is determined under
section 20. In making the calculation of membership, all of the
following, as applicable, apply to determining the membership of a
district, a public school academy, or an intermediate district:
(a) Except as otherwise provided in this subsection, and
pursuant to subsection (6), a pupil shall be counted in membership
in the pupil's educating district or districts. An individual pupil
shall not be counted for more than a total of 1.0 full-time equated
membership.
(b) If a pupil is educated in a district other than the
pupil's district of residence, if the pupil is not being educated
as part of a cooperative education program, if the pupil's district
of residence does not give the educating district its approval to
count the pupil in membership in the educating district, and if the
pupil is not covered by an exception specified in subsection (6) to
the requirement that the educating district must have the approval
of the pupil's district of residence to count the pupil in
membership, the pupil shall not be counted in membership in any
district.
(c) A special education pupil educated by the intermediate
district shall be counted in membership in the intermediate
district.
(d) A pupil placed by a court or state agency in an on-grounds
program of a juvenile detention facility, a child caring
institution, or a mental health institution, or a pupil funded
under section 53a, shall be counted in membership in the district
or intermediate district approved by the department to operate the
program.
(e) A pupil enrolled in the Michigan Schools for the Deaf and
Blind shall be counted in membership in the pupil's intermediate
district of residence.
(f) A pupil enrolled in a career and technical education
program supported by a millage levied over an area larger than a
single district or in an area vocational-technical education
program established pursuant to section 690 of the revised school
code, MCL 380.690, shall be counted only in the pupil's district of
residence.
(g) A pupil enrolled in a public school academy shall be
counted in membership in the public school academy.
(h) For the purposes of this section and section 6a, for a
cyber school, as defined in section 551 of the revised school code,
MCL 380.551, that is in compliance with section 553a of the revised
school code, MCL 380.553a, a pupil's participation in the cyber
school's educational program is considered regular daily
attendance, and for a district or public school academy, a pupil's
participation in a virtual course as defined in section 21f is
considered regular daily attendance.
(i) For a new district or public school academy beginning its
operation after December 31, 1994, membership for the first 2 full
or partial fiscal years of operation shall be determined as
follows:
(i) If operations begin before the pupil membership count day
for the fiscal year, membership is the average number of full-time
equated pupils in grades K to 12 actually enrolled and in regular
daily attendance on the pupil membership count day for the current
school year and on the supplemental count day for the current
school year, as determined by the department and calculated by
adding the number of pupils registered for attendance on the pupil
membership count day plus pupils received by transfer and minus
pupils lost as defined by rules promulgated by the superintendent,
and as corrected by a subsequent department audit, plus the final
audited count from the supplemental count day for the current
school year, and dividing that sum by 2.
(ii) If operations begin after the pupil membership count day
for the fiscal year and not later than the supplemental count day
for the fiscal year, membership is the final audited count of the
number of full-time equated pupils in grades K to 12 actually
enrolled and in regular daily attendance on the supplemental count
day for the current school year.
(j) If a district is the authorizing body for a public school
academy, then, in the first school year in which pupils are counted
in membership on the pupil membership count day in the public
school academy, the determination of the district's membership
shall exclude from the district's pupil count for the immediately
preceding supplemental count day any pupils who are counted in the
public school academy on that first pupil membership count day who
were also counted in the district on the immediately preceding
supplemental count day.
(k) For an extended school year program approved by the
superintendent, a pupil enrolled, but not scheduled to be in
regular daily attendance, on a pupil membership count day, shall be
counted in membership.
(l) To be counted in membership, a pupil shall meet the
minimum age requirement to be eligible to attend school under
section 1147 of the revised school code, MCL 380.1147, or shall be
enrolled under subsection (3) of that section, and shall be less
than 20 years of age on September 1 of the school year except as
follows:
(i) A special education pupil who is enrolled and receiving
instruction in a special education program or service approved by
the department, who does not have a high school diploma, and who is
less than 26 years of age as of September 1 of the current school
year shall be counted in membership.
(ii) A pupil who is determined by the department to meet all
of the following may be counted in membership:
(A) Is enrolled in a public school academy or an alternative
education high school diploma program, that is primarily focused on
educating pupils with extreme barriers to education, such as being
homeless as defined under 42 USC 11302.
(B) Had dropped out of school.
(C) Is less than 22 years of age as of September 1 of the
current school year.
(iii) If a child does not meet the minimum age requirement to
be eligible to attend school for that school year under section
1147 of the revised school code, MCL 380.1147, but will be 5 years
of age not later than December 1 of that school year, the district
may count the child in membership for that school year if the
parent or legal guardian has notified the district in writing that
he or she intends to enroll the child in kindergarten for that
school year.
(m) An individual who has achieved a high school diploma shall
not be counted in membership. An individual who has achieved a high
school equivalency certificate shall not be counted in membership
unless the individual is a student with a disability as defined in
R 340.1702 of the Michigan Administrative Code. An individual
participating in a job training program funded under former section
107a or a jobs program funded under former section 107b,
administered by the department of talent and economic development,
or participating in any successor of either of those 2 programs,
shall not be counted in membership.
(n) If a pupil counted in membership in a public school
academy is also educated by a district or intermediate district as
part of a cooperative education program, the pupil shall be counted
in membership only in the public school academy unless a written
agreement signed by all parties designates the party or parties in
which the pupil shall be counted in membership, and the
instructional time scheduled for the pupil in the district or
intermediate district shall be included in the full-time equated
membership determination under subdivision (q) and section 101.
However, for pupils receiving instruction in both a public school
academy and in a district or intermediate district but not as a
part of a cooperative education program, the following apply:
(i) If the public school academy provides instruction for at
least 1/2 of the class hours required under section 101, the public
school academy shall receive as its prorated share of the full-time
equated membership for each of those pupils an amount equal to 1
times the product of the hours of instruction the public school
academy provides divided by the number of hours required under
section 101 for full-time equivalency, and the remainder of the
full-time membership for each of those pupils shall be allocated to
the district or intermediate district providing the remainder of
the hours of instruction.
(ii) If the public school academy provides instruction for
less than 1/2 of the class hours required under section 101, the
district or intermediate district providing the remainder of the
hours of instruction shall receive as its prorated share of the
full-time equated membership for each of those pupils an amount
equal to 1 times the product of the hours of instruction the
district or intermediate district provides divided by the number of
hours required under section 101 for full-time equivalency, and the
remainder of the full-time membership for each of those pupils
shall be allocated to the public school academy.
(o) An individual less than 16 years of age as of September 1
of the current school year who is being educated in an alternative
education program shall not be counted in membership if there are
also adult education participants being educated in the same
program or classroom.
(p) The department shall give a uniform interpretation of
full-time and part-time memberships.
(q) The number of class hours used to calculate full-time
equated memberships shall be consistent with section 101. In
determining full-time equated memberships for pupils who are
enrolled in a postsecondary institution, a pupil shall not be
considered to be less than a full-time equated pupil solely because
of the effect of his or her postsecondary enrollment, including
necessary travel time, on the number of class hours provided by the
district to the pupil.
(r) Full-time equated memberships for pupils in kindergarten
shall be determined by dividing the number of instructional hours
scheduled and provided per year per kindergarten pupil by the same
number used for determining full-time equated memberships for
pupils in grades 1 to 12. However, to the extent allowable under
federal law, for a district or public school academy that provides
evidence satisfactory to the department that it used federal title
I money in the 2 immediately preceding school fiscal years to fund
full-time kindergarten, full-time equated memberships for pupils in
kindergarten shall be determined by dividing the number of class
hours scheduled and provided per year per kindergarten pupil by a
number equal to 1/2 the number used for determining full-time
equated memberships for pupils in grades 1 to 12. The change in the
counting of full-time equated memberships for pupils in
kindergarten that took effect for 2012-2013 is not a mandate.
(s) For a district or a public school academy that has pupils
enrolled in a grade level that was not offered by the district or
public school academy in the immediately preceding school year, the
number of pupils enrolled in that grade level to be counted in
membership is the average of the number of those pupils enrolled
and in regular daily attendance on the pupil membership count day
and the supplemental count day of the current school year, as
determined by the department. Membership shall be calculated by
adding the number of pupils registered for attendance in that grade
level on the pupil membership count day plus pupils received by
transfer and minus pupils lost as defined by rules promulgated by
the superintendent, and as corrected by subsequent department
audit, plus the final audited count from the supplemental count day
for the current school year, and dividing that sum by 2.
(t) A pupil enrolled in a cooperative education program may be
counted in membership in the pupil's district of residence with the
written approval of all parties to the cooperative agreement.
(u) If, as a result of a disciplinary action, a district
determines through the district's alternative or disciplinary
education program that the best instructional placement for a pupil
is in the pupil's home or otherwise apart from the general school
population, if that placement is authorized in writing by the
district superintendent and district alternative or disciplinary
education supervisor, and if the district provides appropriate
instruction as described in this subdivision to the pupil at the
pupil's home or otherwise apart from the general school population,
the district may count the pupil in membership on a pro rata basis,
with the proration based on the number of hours of instruction the
district actually provides to the pupil divided by the number of
hours required under section 101 for full-time equivalency. For the
purposes of this subdivision, a district shall be considered to be
providing appropriate instruction if all of the following are met:
(i) The district provides at least 2 nonconsecutive hours of
instruction per week to the pupil at the pupil's home or otherwise
apart from the general school population under the supervision of a
certificated teacher.
(ii) The district provides instructional materials, resources,
and supplies that are comparable to those otherwise provided in the
district's alternative education program.
(iii) Course content is comparable to that in the district's
alternative education program.
(iv) Credit earned is awarded to the pupil and placed on the
pupil's transcript.
(v) If a pupil was enrolled in a public school academy on the
pupil membership count day, if the public school academy's contract
with its authorizing body is revoked or the public school academy
otherwise ceases to operate, and if the pupil enrolls in a district
within 45 days after the pupil membership count day, the department
shall adjust the district's pupil count for the pupil membership
count day to include the pupil in the count.
(w) For a public school academy that has been in operation for
at least 2 years and that suspended operations for at least 1
semester and is resuming operations, membership is the sum of the
product of .90 times the number of full-time equated pupils in
grades K to 12 actually enrolled and in regular daily attendance on
the first pupil membership count day or supplemental count day,
whichever is first, occurring after operations resume, plus the
product of .10 times the final audited count from the most recent
pupil membership count day or supplemental count day that occurred
before suspending operations, as determined by the superintendent.
(x) If a district's membership for a particular fiscal year,
as otherwise calculated under this subsection, would be less than
1,550 pupils and the district has 4.5 or fewer pupils per square
mile, as determined by the department, and if the district does not
receive funding under section 22d(2), the district's membership
shall be considered to be the membership figure calculated under
this subdivision. If a district educates and counts in its
membership pupils in grades 9 to 12 who reside in a contiguous
district that does not operate grades 9 to 12 and if 1 or both of
the affected districts request the department to use the
determination allowed under this sentence, the department shall
include the square mileage of both districts in determining the
number of pupils per square mile for each of the districts for the
purposes of this subdivision. The membership figure calculated
under this subdivision is the greater of the following:
(i) The average of the district's membership for the 3-fiscal-
year period ending with that fiscal year, calculated by adding the
district's actual membership for each of those 3 fiscal years, as
otherwise calculated under this subsection, and dividing the sum of
those 3 membership figures by 3.
(ii) The district's actual membership for that fiscal year as
otherwise calculated under this subsection.
(y) Full-time equated memberships for special education pupils
who are not enrolled in kindergarten but are enrolled in a
classroom program under R 340.1754 of the Michigan Administrative
Code shall be determined by dividing the number of class hours
scheduled and provided per year by 450. Full-time equated
memberships for special education pupils who are not enrolled in
kindergarten but are receiving early childhood special education
services under R 340.1755 or R 340.1862 of the Michigan
Administrative Code shall be determined by dividing the number of
hours of service scheduled and provided per year per-pupil by 180.
(z) A pupil of a district that begins its school year after
Labor Day who is enrolled in an intermediate district program that
begins before Labor Day shall not be considered to be less than a
full-time pupil solely due to instructional time scheduled but not
attended by the pupil before Labor Day.
(aa) For the first year in which a pupil is counted in
membership on the pupil membership count day in a middle college
program, the membership is the average of the full-time equated
membership on the pupil membership count day and on the
supplemental count day for the current school year, as determined
by the department. If a pupil described in this subdivision was
counted in membership by the operating district on the immediately
preceding supplemental count day, the pupil shall be excluded from
the district's immediately preceding supplemental count for the
purposes of determining the district's membership.
(bb) A district or public school academy that educates a pupil
who attends a United States Olympic Education Center may count the
pupil in membership regardless of whether or not the pupil is a
resident of this state.
(cc) A pupil enrolled in a district other than the pupil's
district of residence pursuant to section 1148(2) of the revised
school code, MCL 380.1148, shall be counted in the educating
district.
(dd) For a pupil enrolled in a dropout recovery program that
meets the requirements of section 23a, the pupil shall be counted
as 1/12 of a full-time equated membership for each month that the
district operating the program reports that the pupil was enrolled
in the program and was in full attendance. However, if the special
membership counting provisions under this subdivision and the
operation of the other membership counting provisions under this
subsection result in a pupil being counted as more than 1.0 FTE in
a fiscal year, the payment made for the pupil under sections 22a
and 22b shall not be based on more than 1.0 FTE for that pupil, and
any portion of an FTE for that pupil that exceeds 1.0 shall instead
be paid under section 25g. The district operating the program shall
report to the center the number of pupils who were enrolled in the
program and were in full attendance for a month not later than 30
days after the end of the month. A district shall not report a
pupil as being in full attendance for a month unless both of the
following are met:
(i) A personalized learning plan is in place on or before the
first school day of the month for the first month the pupil
participates in the program.
(ii) The pupil meets the district's definition under section
23a of satisfactory monthly progress for that month or, if the
pupil does not meet that definition of satisfactory monthly
progress for that month, the pupil did meet that definition of
satisfactory monthly progress in the immediately preceding month
and appropriate interventions are implemented within 10 school days
after it is determined that the pupil does not meet that definition
of satisfactory monthly progress.
(ee) A pupil participating in a virtual course under section
21f shall be counted in membership in the district enrolling the
pupil.
(ff) If a public school academy that is not in its first or
second year of operation closes at the end of a school year and
does not reopen for the next school year, the department shall
adjust the membership count of the district or other public school
academy in which a former pupil of the closed public school academy
enrolls and is in regular daily attendance for the next school year
to ensure that the district or other public school academy receives
the same amount of membership aid for the pupil as if the pupil
were counted in the district or other public school academy on the
supplemental count day of the preceding school year.
(gg) If a special education pupil is expelled under section
1311 or 1311a of the revised school code, MCL 380.1311 and
380.1311a, and is not in attendance on the pupil membership count
day because of the expulsion, and if the pupil remains enrolled in
the district and resumes regular daily attendance during that
school year, the district's membership shall be adjusted to count
the pupil in membership as if he or she had been in attendance on
the pupil membership count day.
(hh) A pupil enrolled in a community district shall be counted
in membership in the community district.
(ii) A part-time pupil enrolled in a nonpublic school in
grades
K 1 to 12 in accordance with section 166b shall not be
counted
as more than 0.75 0.67 of a full-time equated membership.
(jj) A district that borders another state or a public school
academy that operates at least grades 9 to 12 and is located within
20 miles of a border with another state may count in membership a
pupil who is enrolled in a course at a college or university that
is located in the bordering state and within 20 miles of the border
with this state if all of the following are met:
(i) The pupil would meet the definition of an eligible student
under the postsecondary enrollment options act, 1996 PA 160, MCL
388.511 to 388.524, if the course were an eligible course under
that act.
(ii) The course in which the pupil is enrolled would meet the
definition of an eligible course under the postsecondary enrollment
options act, 1996 PA 160, MCL 388.511 to 388.524, if the course
were provided by an eligible postsecondary institution under that
act.
(iii) The department determines that the college or university
is an institution that, in the other state, fulfills a function
comparable to a state university or community college, as those
terms are defined in section 3 of the postsecondary enrollment
options act, 1996 PA 160, MCL 388.513, or is an independent
nonprofit degree-granting college or university.
(iv) The district or public school academy pays for a portion
of the pupil's tuition at the college or university in an amount
equal to the eligible charges that the district or public school
academy would pay to an eligible postsecondary institution under
the postsecondary enrollment options act, 1996 PA 160, MCL 388.511
to 388.524, as if the course were an eligible course under that
act.
(v) The district or public school academy awards high school
credit to a pupil who successfully completes a course as described
in this subdivision.
(kk) A pupil enrolled in a middle college program may be
counted for more than a total of 1.0 full-time equated membership
if the pupil is enrolled in more than the minimum number of
instructional days and hours required under section 101 and the
pupil is expected to complete the 5-year program with both a high
school diploma and at least 60 transferable college credits or is
expected to earn an associate's degree in fewer than 5 years.
(ll) If a district's membership for a particular fiscal year,
as otherwise calculated under this subsection, includes pupils
counted in membership who are enrolled under section 166b, growth
in the district's membership for pupils counted under section 166b
from 1 fiscal year to the next shall not exceed 10%. However, if a
district is in its first 3 years of counting pupils in membership
under section 166b, the district's membership for pupils counted
under section 166b shall not exceed 5% of the district's membership
for pupils not counted under section 166b.
(5) "Public school academy" means that term as defined in
section 5 of the revised school code, MCL 380.5.
(6) "Pupil" means an individual in membership in a public
school. A district must have the approval of the pupil's district
of residence to count the pupil in membership, except approval by
the pupil's district of residence is not required for any of the
following:
(a) A nonpublic part-time pupil enrolled in grades K to 12 in
accordance with section 166b.
(b) A pupil receiving 1/2 or less of his or her instruction in
a district other than the pupil's district of residence.
(c) A pupil enrolled in a public school academy.
(d) A pupil enrolled in a district other than the pupil's
district of residence under an intermediate district schools of
choice pilot program as described in section 91a or former section
91 if the intermediate district and its constituent districts have
been exempted from section 105.
(e) A pupil enrolled in a district other than the pupil's
district of residence if the pupil is enrolled in accordance with
section 105 or 105c.
(f) A pupil who has made an official written complaint or
whose parent or legal guardian has made an official written
complaint to law enforcement officials and to school officials of
the pupil's district of residence that the pupil has been the
victim of a criminal sexual assault or other serious assault, if
the official complaint either indicates that the assault occurred
at school or that the assault was committed by 1 or more other
pupils enrolled in the school the pupil would otherwise attend in
the district of residence or by an employee of the district of
residence. A person who intentionally makes a false report of a
crime to law enforcement officials for the purposes of this
subdivision is subject to section 411a of the Michigan penal code,
1931 PA 328, MCL 750.411a, which provides criminal penalties for
that conduct. As used in this subdivision:
(i) "At school" means in a classroom, elsewhere on school
premises, on a school bus or other school-related vehicle, or at a
school-sponsored activity or event whether or not it is held on
school premises.
(ii) "Serious assault" means an act that constitutes a felony
violation of chapter XI of the Michigan penal code, 1931 PA 328,
MCL 750.81 to 750.90h, or that constitutes an assault and
infliction of serious or aggravated injury under section 81a of the
Michigan penal code, 1931 PA 328, MCL 750.81a.
(g) A pupil whose district of residence changed after the
pupil membership count day and before the supplemental count day
and who continues to be enrolled on the supplemental count day as a
nonresident in the district in which he or she was enrolled as a
resident on the pupil membership count day of the same school year.
(h) A pupil enrolled in an alternative education program
operated by a district other than his or her district of residence
who meets 1 or more of the following:
(i) The pupil has been suspended or expelled from his or her
district of residence for any reason, including, but not limited
to, a suspension or expulsion under section 1310, 1311, or 1311a of
the revised school code, MCL 380.1310, 380.1311, and 380.1311a.
(ii) The pupil had previously dropped out of school.
(iii) The pupil is pregnant or is a parent.
(iv) The pupil has been referred to the program by a court.
(i) A pupil enrolled in the Michigan Virtual School, for the
pupil's enrollment in the Michigan Virtual School.
(j) A pupil who is the child of a person who works at the
district or who is the child of a person who worked at the district
as of the time the pupil first enrolled in the district but who no
longer works at the district due to a workforce reduction. As used
in this subdivision, "child" includes an adopted child, stepchild,
or legal ward.
(k) An expelled pupil who has been denied reinstatement by the
expelling district and is reinstated by another school board under
section 1311 or 1311a of the revised school code, MCL 380.1311 and
380.1311a.
(l) A pupil enrolled in a district other than the pupil's
district of residence in a middle college program if the pupil's
district of residence and the enrolling district are both
constituent districts of the same intermediate district.
(m) A pupil enrolled in a district other than the pupil's
district of residence who attends a United States Olympic Education
Center.
(n) A pupil enrolled in a district other than the pupil's
district of residence pursuant to section 1148(2) of the revised
school code, MCL 380.1148.
(o) A pupil who enrolls in a district other than the pupil's
district of residence as a result of the pupil's school not making
adequate yearly progress under the no child left behind act of
2001, Public Law 107-110, or the every student succeeds act, Public
Law 114-95.
However, except for pupils enrolled in the youth challenge
program at the site at which the youth challenge program operated
for 2015-2016, if a district educates pupils who reside in another
district and if the primary instructional site for those pupils is
established by the educating district after 2009-2010 and is
located within the boundaries of that other district, the educating
district must have the approval of that other district to count
those pupils in membership.
(7) "Pupil membership count day" of a district or intermediate
district means:
(a)
Except as provided in subdivision (b), subdivisions (b)
and (c), the first Wednesday in October each school year or, for a
district or building in which school is not in session on that
Wednesday due to conditions not within the control of school
authorities, with the approval of the superintendent, the
immediately following day on which school is in session in the
district or building.
(b) For a district or intermediate district maintaining school
during the entire school year, the following days:
(i) Fourth Wednesday in July.
(ii) First Wednesday in October.
(iii) Second Wednesday in February.
(iv) Fourth Wednesday in April.
(c) For pupils enrolled in a youth challenge program
maintaining a residential 11-month program, the fourth Wednesday in
August.
(8) "Pupils in grades K to 12 actually enrolled and in regular
daily attendance" means pupils in grades K to 12 in attendance and
receiving instruction in all classes for which they are enrolled on
the pupil membership count day or the supplemental count day, as
applicable. Except as otherwise provided in this subsection, a
pupil who is absent from any of the classes in which the pupil is
enrolled on the pupil membership count day or supplemental count
day and who does not attend each of those classes during the 10
consecutive school days immediately following the pupil membership
count day or supplemental count day, except for a pupil who has
been excused by the district, shall not be counted as 1.0 full-time
equated membership. A pupil who is excused from attendance on the
pupil membership count day or supplemental count day and who fails
to attend each of the classes in which the pupil is enrolled within
30 calendar days after the pupil membership count day or
supplemental count day shall not be counted as 1.0 full-time
equated membership. In addition, a pupil who was enrolled and in
attendance in a district, intermediate district, or public school
academy before the pupil membership count day or supplemental count
day of a particular year but was expelled or suspended on the pupil
membership count day or supplemental count day shall only be
counted as 1.0 full-time equated membership if the pupil resumed
attendance in the district, intermediate district, or public school
academy within 45 days after the pupil membership count day or
supplemental count day of that particular year. Pupils not counted
as 1.0 full-time equated membership due to an absence from a class
shall be counted as a prorated membership for the classes the pupil
attended. For purposes of this subsection, "class" means a period
of
time in 1 day when pupils and a certificated teacher or legally
qualified
an individual working under a
valid substitute teacher
permit, authorization, or approval issued by the department, are
together and instruction is taking place.
(9) "Rule" means a rule promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(10) "The revised school code" means 1976 PA 451, MCL 380.1 to
380.1852.
(11) "School district of the first class", "first class school
district", and "district of the first class" mean, for the purposes
of this article only, a district that had at least 40,000 pupils in
membership for the immediately preceding fiscal year.
(12) "School fiscal year" means a fiscal year that commences
July 1 and continues through June 30.
(13) "State board" means the state board of education.
(14) "Superintendent", unless the context clearly refers to a
district or intermediate district superintendent, means the
superintendent of public instruction described in section 3 of
article VIII of the state constitution of 1963.
(15) "Supplemental count day" means the day on which the
supplemental pupil count is conducted under section 6a.
(16) "Tuition pupil" means a pupil of school age attending
school in a district other than the pupil's district of residence
for whom tuition may be charged to the district of residence.
Tuition pupil does not include a pupil who is a special education
pupil, a pupil described in subsection (6)(c) to (o), or a pupil
whose parent or guardian voluntarily enrolls the pupil in a
district that is not the pupil's district of residence. A pupil's
district of residence shall not require a high school tuition
pupil, as provided under section 111, to attend another school
district after the pupil has been assigned to a school district.
(17) "State school aid fund" means the state school aid fund
established in section 11 of article IX of the state constitution
of 1963.
(18) "Taxable value" means the taxable value of property as
determined under section 27a of the general property tax act, 1893
PA 206, MCL 211.27a.
(19) "Textbook" means a book, electronic book, or other
instructional print or electronic resource that is selected and
approved by the governing board of a district and that contains a
presentation of principles of a subject, or that is a literary work
relevant to the study of a subject required for the use of
classroom pupils, or another type of course material that forms the
basis of classroom instruction.
(20) "Total state aid" or "total state school aid" means the
total combined amount of all funds due to a district, intermediate
district, or other entity under this article.
Sec.
11. (1) For the fiscal year ending September 30, 2017,
there
is appropriated for the public schools of this state and
certain
other state purposes relating to education the sum of
$12,069,644,300.00
from the state school aid fund, the sum of
$179,100,000.00
from the general fund, an amount not to exceed
$72,000,000.00
from the community district education trust fund
created
under section 12 of the Michigan trust fund act, 2000 PA
489,
MCL 12.262, and an amount not to exceed $100.00 from the water
emergency
reserve fund. For the fiscal year
ending September 30,
2018, there is appropriated for the public schools of this state
and certain other state purposes relating to education the sum of
$12,547,270,300.00
$12,673,077,200.00 from the state school aid
fund,
the sum of $215,000,000.00 $78,000,000.00
from the general
fund, an amount not to exceed $72,000,000.00 from the community
district education trust fund created under section 12 of the
Michigan trust fund act, 2000 PA 489, MCL 12.262, an amount not to
exceed $23,100,000.00 from the MPSERS retirement obligation reform
reserve fund, and an amount not to exceed $100.00 from the water
emergency reserve fund. For the fiscal year ending September 30,
2019, there is appropriated for the public schools of this state
and certain other state purposes relating to education the sum of
$12,753,706,700.00 from the state school aid fund, the sum of
$150,500,000.00 from the general fund, an amount not to exceed
$72,000,000.00 from the community district education trust fund
created under section 12 of the Michigan trust fund act, 2000 PA
489, MCL 12.262, an amount not to exceed $31,900,000.00 from the
MPSERS retirement obligation reform reserve fund, and an amount not
to exceed $100.00 from the water emergency reserve fund. In
addition, all available federal funds are appropriated each fiscal
year
for the fiscal years ending September 30, 2017 2018 and
September
30, 2018.2019.
(2) The appropriations under this section shall be allocated
as provided in this article. Money appropriated under this section
from the general fund shall be expended to fund the purposes of
this article before the expenditure of money appropriated under
this section from the state school aid fund.
(3) Any general fund allocations under this article that are
not expended by the end of the state fiscal year are transferred to
the school aid stabilization fund created under section 11a.
Sec. 11a. (1) The school aid stabilization fund is created as
a separate account within the state school aid fund established by
section 11 of article IX of the state constitution of 1963.
(2) The state treasurer may receive money or other assets from
any source for deposit into the school aid stabilization fund. The
state treasurer shall deposit into the school aid stabilization
fund all of the following:
(a) Unexpended and unencumbered state school aid fund revenue
for a fiscal year that remains in the state school aid fund as of
the bookclosing for that fiscal year.
(b) Money statutorily dedicated to the school aid
stabilization fund.
(c) Money appropriated to the school aid stabilization fund.
(3) Money available in the school aid stabilization fund may
not be expended without a specific appropriation from the school
aid stabilization fund. Money in the school aid stabilization fund
shall be expended only for purposes for which state school aid fund
money may be expended.
(4) The state treasurer shall direct the investment of the
school aid stabilization fund. The state treasurer shall credit to
the school aid stabilization fund interest and earnings from fund
investments.
(5) Money in the school aid stabilization fund at the close of
a fiscal year shall remain in the school aid stabilization fund and
shall not lapse to the unreserved school aid fund balance or the
general fund.
(6) If the maximum amount appropriated under section 11 from
the state school aid fund for a fiscal year exceeds the amount
available for expenditure from the state school aid fund for that
fiscal year, there is appropriated from the school aid
stabilization fund to the state school aid fund an amount equal to
the projected shortfall as determined by the department of
treasury, but not to exceed available money in the school aid
stabilization fund. If the money in the school aid stabilization
fund is insufficient to fully fund an amount equal to the projected
shortfall, the state budget director shall notify the legislature
as required under section 296(2) and state payments in an amount
equal to the remainder of the projected shortfall shall be prorated
in the manner provided under section 296(3).
(7)
For 2016-2017 and for 2017-2018, 2018-2019, in addition to
the appropriations in section 11, there is appropriated from the
school aid stabilization fund to the state school aid fund the
amount necessary to fully fund the allocations under this article.
Sec. 11j. From the appropriation in section 11, there is
allocated
an amount not to exceed $125,500,000.00 for 2017-2018
2018-2019 for payments to the school loan bond redemption fund in
the department of treasury on behalf of districts and intermediate
districts. Notwithstanding section 296 or any other provision of
this act, funds allocated under this section are not subject to
proration and shall be paid in full.
Sec.
11k. For 2017-2018, 2018-2019,
there is appropriated from
the general fund to the school loan revolving fund an amount equal
to the amount of school bond loans assigned to the Michigan finance
authority, not to exceed the total amount of school bond loans held
in reserve as long-term assets. As used in this section, "school
loan revolving fund" means that fund created in section 16c of the
shared credit rating act, 1985 PA 227, MCL 141.1066c.
Sec.
11m. From the appropriation in section 11, there is
allocated
for 2016-2017 an amount not to exceed $5,500,000.00 and
there is allocated for 2017-2018 an amount not to exceed
$6,500,000.00
$18,000,000.00 and there is
allocated for 2018-2019
an amount not to exceed $24,000,000.00 for fiscal year cash-flow
borrowing costs solely related to the state school aid fund
established by section 11 of article IX of the state constitution
of 1963.
Sec. 11s. (1) From the general fund appropriation in section
11,
there is allocated $10,142,500.00 for 2016-2017 and there is
allocated
$8,730,000.00 for 2017-2018 $3,230,000.00
for 2018-2019
for the purpose of providing services and programs to children who
reside within the boundaries of a district with the majority of its
territory located within the boundaries of a city for which an
executive proclamation of emergency is issued in the current or
immediately
preceding 2 3 fiscal years under the emergency
management act, 1976 PA 390, MCL 30.401 to 30.421, and for the
department to implement and administer grants awarded for, or to
provide services for, those children. From the funding appropriated
in
section 11, there is allocated for each fiscal year for 2016-
2017
and for 2017-2018 2018-2019 $100.00 from the water emergency
reserve fund for the purposes of this section.
(2) From the allocation in subsection (1), there is allocated
to a district with the majority of its territory located within the
boundaries of a city in which an executive proclamation of
emergency
is issued in the current or immediately preceding 2 3
fiscal years and that has at least 4,500 pupils in membership for
the 2016-2017 fiscal year or has at least 4,000 pupils in
membership for a fiscal year after 2016-2017, an amount not to
exceed
$1,292,500.00 for 2016-2017 and an amount not to exceed
$2,625,000.00
for 2017-2018 $2,375,000.00
for 2018-2019 for the
purpose of employing school nurses, classroom aides, and school
social workers. The district shall provide a report to the
department in a form, manner, and frequency prescribed by the
department. The department shall provide a copy of that report to
the governor, the house and senate school aid subcommittees, the
house and senate fiscal agencies, and the state budget director
within 5 days after receipt. The report shall provide at least the
following information:
(a) How many personnel were hired using the funds allocated
under this subsection.
(b) A description of the services provided to pupils by those
personnel.
(c) How many pupils received each type of service identified
in subdivision (b).
(d) Any other information the department considers necessary
to ensure that the children described in subsection (1) received
appropriate levels and types of services.
(3)
From the allocation in subsection (1), there is allocated
to
an intermediate district that has a constituent district
described
in subsection (2) an amount not to exceed $1,195,000.00
for
2016-2017 and an amount not to exceed $2,500,000.00 for 2017-
2018
to augment staff for the purpose of providing additional early
childhood
services and for nutritional services to children
described
in subsection (1), regardless of location of school of
attendance.
For 2016-2017, the early childhood services to be
provided
under this subsection are state early intervention
services
as described in subsection (4) and early literacy
services.
Beginning with 2017-2018, the early childhood services to
be
provided under this subsection are state early intervention
services
that are similar to the services described in the early on
Michigan
state plan, including ensuring that all children described
in
subsection (1) who are less than 4 years of age as of September
1,
2016 are assessed and evaluated at least twice annually. In
addition,
funds allocated under this subsection may also be
expended
to provide informational resources to parents, educators,
and
the community, and to coordinate services with other local
agencies.
The intermediate district shall provide a report to the
department
in a form, manner, and frequency approved by the
department.
The department shall provide a copy of that report to
the
governor, the house and senate school aid subcommittees, the
house
and senate fiscal agencies, and the state budget director
within
5 days after receipt. The report shall provide at least the
following
information:
(a)
How many personnel were hired using the funds appropriated
in
this subsection.
(b)
A description of the services provided to children by
those
personnel.
(c)
What types of additional nutritional services were
provided.
(d)
How many children received each type of service identified
in
subdivisions (b) and (c).
(e)
What types of informational resources and coordination
efforts
were provided.
(f)
Any other information the department considers necessary
to
ensure that the children described in subsection (1) received
appropriate
levels and types of services.
(4)
For 2016-2017 only, from the allocation in subsection (1),
there
is allocated an amount not to exceed $6,155,000.00 to
intermediate
districts described in subsection (3) to provide state
early
intervention services for children described in subsection
(1)
who are less than 4 years of age as of September 1, 2016. The
intermediate
district shall use these funds to provide state early
intervention
services that are similar to the services described in
the
early on Michigan state plan, including ensuring that all
children
described in subsection (1) who are less than 4 years of
age
as of September 1, 2016 are assessed and evaluated at least
twice
annually.
(5)
From the allocation in subsection (1), there is allocated
an
amount not to exceed $1,500,000.00 for 2016-2017 and an amount
not
to exceed $3,000,000.00 for 2017-2018 to intermediate districts
described
in subsection (3) to enroll children described in
subsection
(1) in school-day great start readiness programs,
regardless
of household income eligibility requirements contained
in
section 39. The department shall administer this funding
consistent
with all other provisions of the great start readiness
programs
contained in section 32d and section 39.
(3) (6)
For 2017-2018, 2018-2019, from the allocation in
subsection (1), there is allocated an amount not to exceed
$605,000.00 for nutritional services to children described in
subsection (1).
(4) (7)
In addition to other funding
allocated and
appropriated in this section, there is appropriated an amount not
to
exceed $15,000,000.00 each fiscal year for 2016-2017 and 2017-
2018
for fiscal year 2018-2019 for state restricted contingency
funds. These contingency funds are not available for expenditure
until they have been transferred to a section within this article
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(5) (8)
Notwithstanding section 17b,
payments under this
section shall be paid on a schedule determined by the department.
Sec. 18. (1) Except as provided in another section of this
article, each district or other entity shall apply the money
received by the district or entity under this article to salaries
and other compensation of teachers and other employees, tuition,
transportation, lighting, heating, ventilation, water service, the
purchase of textbooks, other supplies, and any other school
operating expenditures defined in section 7. However, not more than
20% of the total amount received by a district under sections 22a
and 22b or received by an intermediate district under section 81
may be transferred by the board to either the capital projects fund
or to the debt retirement fund for debt service. The money shall
not be applied or taken for a purpose other than as provided in
this section. The department shall determine the reasonableness of
expenditures and may withhold from a recipient of funds under this
article the apportionment otherwise due upon a violation by the
recipient.
(2) A district or intermediate district shall adopt an annual
budget in a manner that complies with the uniform budgeting and
accounting act, 1968 PA 2, MCL 141.421 to 141.440a. Within 15 days
after a district board adopts its annual operating budget for the
following school fiscal year, or after a district board adopts a
subsequent revision to that budget, the district shall make all of
the following available through a link on its website homepage, or
may make the information available through a link on its
intermediate district's website homepage, in a form and manner
prescribed by the department:
(a) The annual operating budget and subsequent budget
revisions.
(b) Using data that have already been collected and submitted
to the department, a summary of district expenditures for the most
recent fiscal year for which they are available, expressed in the
following
2 pie charts:visual
displays:
(i) A chart of personnel expenditures, broken into the
following subcategories:
(A) Salaries and wages.
(B) Employee benefit costs, including, but not limited to,
medical, dental, vision, life, disability, and long-term care
benefits.
(C) Retirement benefit costs.
(D) All other personnel costs.
(ii) A chart of all district expenditures, broken into the
following subcategories:
(A) Instruction.
(B) Support services.
(C) Business and administration.
(D) Operations and maintenance.
(c) Links to all of the following:
(i) The current collective bargaining agreement for each
bargaining unit.
(ii) Each health care benefits plan, including, but not
limited to, medical, dental, vision, disability, long-term care, or
any other type of benefits that would constitute health care
services, offered to any bargaining unit or employee in the
district.
(iii) The audit report of the audit conducted under subsection
(4) for the most recent fiscal year for which it is available.
(iv) The bids required under section 5 of the public employees
health
benefits benefit act, 2007 PA 106, MCL 124.75.
(v) The district's written policy governing procurement of
supplies, materials, and equipment.
(vi) The district's written policy establishing specific
categories of reimbursable expenses, as described in section
1254(2) of the revised school code, MCL 380.1254.
(vii) Either the district's accounts payable check register
for the most recent school fiscal year or a statement of the total
amount of expenses incurred by board members or employees of the
district that were reimbursed by the district for the most recent
school fiscal year.
(d) The total salary and a description and cost of each fringe
benefit included in the compensation package for the superintendent
of the district and for each employee of the district whose salary
exceeds $100,000.00.
(e) The annual amount spent on dues paid to associations.
(f) The annual amount spent on lobbying or lobbying services.
As used in this subdivision, "lobbying" means that term as defined
in section 5 of 1978 PA 472, MCL 4.415.
(g) Any deficit elimination plan or enhanced deficit
elimination plan the district was required to submit under the
revised school code.
(h) Identification of all credit cards maintained by the
district as district credit cards, the identity of all individuals
authorized to use each of those credit cards, the credit limit on
each credit card, and the dollar limit, if any, for each
individual's authorized use of the credit card.
(i) Costs incurred for each instance of out-of-state travel by
the school administrator of the district that is fully or partially
paid for by the district and the details of each of those instances
of out-of-state travel, including at least identification of each
individual on the trip, destination, and purpose.
(3) For the information required under subsection (2)(a),
(2)(b)(i), and (2)(c), an intermediate district shall provide the
same information in the same manner as required for a district
under subsection (2).
(4) For the purposes of determining the reasonableness of
expenditures, whether a district or intermediate district has
received the proper amount of funds under this article, and whether
a violation of this article has occurred, all of the following
apply:
(a) The department shall require that each district and
intermediate district have an audit of the district's or
intermediate district's financial and pupil accounting records
conducted at least annually, and at such other times as determined
by the department, at the expense of the district or intermediate
district, as applicable. The audits must be performed by a
certified public accountant or by the intermediate district
superintendent, as may be required by the department, or in the
case of a district of the first class by a certified public
accountant, the intermediate superintendent, or the auditor general
of the city. A district or intermediate district shall retain these
records for the current fiscal year and from at least the 3
immediately preceding fiscal years.
(b) If a district operates in a single building with fewer
than 700 full-time equated pupils, if the district has stable
membership, and if the error rate of the immediately preceding 2
pupil accounting field audits of the district is less than 2%, the
district may have a pupil accounting field audit conducted
biennially but must continue to have desk audits for each pupil
count. The auditor must document compliance with the audit cycle in
the pupil auditing manual. As used in this subdivision, "stable
membership" means that the district's membership for the current
fiscal year varies from the district's membership for the
immediately preceding fiscal year by less than 5%.
(c) A district's or intermediate district's annual financial
audit shall include an analysis of the financial and pupil
accounting data used as the basis for distribution of state school
aid.
(d) The pupil and financial accounting records and reports,
audits, and management letters are subject to requirements
established in the auditing and accounting manuals approved and
published by the department.
(e) All of the following shall be done not later than November
1 each year for reporting the prior fiscal year data:
(i) A district shall file the annual financial audit reports
with the intermediate district and the department.
(ii) The intermediate district shall file the annual financial
audit reports for the intermediate district with the department.
(iii) The intermediate district shall enter the pupil
membership audit reports for its constituent districts and for the
intermediate district, for the pupil membership count day and
supplemental count day, in the Michigan student data system.
(f) The annual financial audit reports and pupil accounting
procedures reports shall be available to the public in compliance
with the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(g) Not later than January 31 of each year, the department
shall notify the state budget director and the legislative
appropriations subcommittees responsible for review of the school
aid budget of districts and intermediate districts that have not
filed an annual financial audit and pupil accounting procedures
report required under this section for the school year ending in
the immediately preceding fiscal year.
(5) By November 1 each fiscal year, each district and
intermediate district shall submit to the center, in a manner
prescribed by the center, annual comprehensive financial data
consistent with the district's or intermediate district's audited
financial statements and consistent with accounting manuals and
charts of accounts approved and published by the department. For an
intermediate district, the report shall also contain the website
address where the department can access the report required under
section 620 of the revised school code, MCL 380.620. The department
shall ensure that the prescribed Michigan public school accounting
manual chart of accounts includes standard conventions to
distinguish expenditures by allowable fund function and object. The
functions shall include at minimum categories for instruction,
pupil support, instructional staff support, general administration,
school administration, business administration, transportation,
facilities operation and maintenance, facilities acquisition, and
debt service; and shall include object classifications of salary,
benefits, including categories for active employee health
expenditures, purchased services, supplies, capital outlay, and
other. Districts shall report the required level of detail
consistent with the manual as part of the comprehensive annual
financial report.
(6) By September 30 of each year, each district and
intermediate
district shall file with the department center the
audited special education actual cost report, known as "SE-4096",
on
a form and in the manner prescribed by the department.center. An
intermediate district shall perform the audit of a district's
report.
(7) By October 7 of each year, each district and intermediate
district shall file with the center the audited transportation
expenditure report, known as "SE-4094", on a form and in the manner
prescribed by the center. An intermediate district shall perform
the audit of a district's report.
(8) The department shall review its pupil accounting and pupil
auditing manuals at least annually and shall periodically update
those manuals to reflect changes in this article.
(9) If a district that is a public school academy purchases
property using money received under this article, the public school
academy shall retain ownership of the property unless the public
school academy sells the property at fair market value.
(10) If a district or intermediate district does not comply
with
subsections (4), (5), (6), and (7), and (12), or if the
department determines that the financial data required under
subsection (5) are not consistent with audited financial
statements, the department shall withhold all state school aid due
to the district or intermediate district under this article,
beginning with the next payment due to the district or intermediate
district, until the district or intermediate district complies with
subsections
(4), (5), (6), and (7),
and (12). If the district or
intermediate district does not comply with subsections (4), (5),
(6),
and (7), and (12) by the end of the fiscal year, the district
or intermediate district forfeits the amount withheld.
(11) If a district or intermediate district does not comply
with subsection (2), the department may withhold up to 10% of the
total state school aid due to the district or intermediate district
under this article, beginning with the next payment due to the
district or intermediate district, until the district or
intermediate district complies with subsection (2). If the district
or intermediate district does not comply with subsection (2) by the
end of the fiscal year, the district or intermediate district
forfeits the amount withheld.
(12) By November 1 of each year, if a district or intermediate
district offers virtual learning under section 21f, the district or
intermediate district shall submit to the department a report that
details the per-pupil costs of operating the virtual learning by
vendor type. The report shall include at least all of the following
information concerning the operation of virtual learning for the
immediately preceding school fiscal year:
(a) The name of the district operating the virtual learning
and of each district that enrolled students in the virtual
learning.
(b) The total number of students enrolled in the virtual
learning and the total number of membership pupils enrolled in the
virtual learning.
(c) For each pupil who is enrolled in a district other than
the district offering virtual learning, the name of that district.
(d) The district in which the pupil was enrolled before
enrolling in the district offering virtual learning.
(e) The number of participating students who had previously
dropped out of school.
(f) The number of participating students who had previously
been expelled from school.
(g) The total cost to enroll a student in the program. This
cost shall be reported on a per-pupil, per-course, per-semester or
trimester basis by vendor type. The total shall include costs
broken down by cost for content development, content licensing,
training, virtual instruction and instructional support, personnel,
hardware and software, payment to each virtual learning provider,
and other costs associated with operating virtual learning.
(h) The name of each virtual education provider contracted by
the district and the state in which each virtual education provider
is headquartered.
(13) By March 31 of each year, the department shall submit to
the house and senate appropriations subcommittees on state school
aid, the state budget director, and the house and senate fiscal
agencies a report summarizing the per-pupil costs by vendor type of
virtual courses available under section 21f.
(14) As used in subsections (12) and (13), "vendor type" means
the following:
(a) Virtual courses provided by the Michigan Virtual
University.
(b) Virtual courses provided by a school of excellence that is
a cyber school, as defined in section 551 of the revised school
code, MCL 380.551.
(c) Virtual courses provided by third party vendors not
affiliated with a Michigan public school.
(d) Virtual courses created and offered by a district or
intermediate district.
(15) An allocation to a district or another entity under this
article is contingent upon the district's or entity's compliance
with this section.
(16)
Beginning October 1, 2017, and not less than once every 3
months
after that date, the The department shall submit to the
senate and house subcommittees on school aid and to the senate and
house standing committees on education an itemized list of
allocations under this article to any association or consortium
consisting of associations. The report shall detail the recipient
or recipients, the amount allocated, and the purpose for which the
funds were distributed.
Sec. 19. (1) A district or intermediate district shall comply
with all applicable reporting requirements specified in state and
federal law. Data provided to the center, in a form and manner
prescribed by the center, shall be aggregated and disaggregated as
required by state and federal law. In addition, a district or
intermediate district shall cooperate with all measures taken by
the center to establish and maintain a statewide P-20 longitudinal
data system.
(2) Each district shall furnish to the center not later than 5
weeks
after the pupil membership count day and by June 30 the last
business day in June of the school fiscal year ending in the fiscal
year, in a manner prescribed by the center, the information
necessary for the preparation of the district and high school
graduation report and for the preparation of the state and federal
accountability reports. This information shall meet requirements
established in the pupil auditing manual approved and published by
the department. The center shall calculate an annual graduation and
pupil dropout rate for each high school, each district, and this
state, in compliance with nationally recognized standards for these
calculations. The center shall report all graduation and dropout
rates to the senate and house education committees and
appropriations committees, the state budget director, and the
department not later than 30 days after the publication of the list
described in subsection (5). Before reporting these graduation and
dropout rates, the department shall allow a school or district to
appeal the calculations. The department shall consider and act upon
the appeal within 30 days after it is submitted and shall not
report these graduation and dropout rates until after all appeals
have been considered and decided.
(3)
By the first business day in December and by June 30 the
last business day in June of each year, a district shall furnish to
the center, in a manner prescribed by the center, information
related to educational personnel as necessary for reporting
required by state and federal law. For the purposes of this
subsection, the center shall only require districts and
intermediate districts to report information that is not already
available from the office of retirement services in the department
of technology, management, and budget.
(4) If a district or intermediate district fails to meet the
requirements of this section, the department shall withhold 5% of
the total funds for which the district or intermediate district
qualifies under this article until the district or intermediate
district complies with all of those subsections. If the district or
intermediate district does not comply with all of those subsections
by the end of the fiscal year, the department shall place the
amount withheld in an escrow account until the district or
intermediate district complies with all of those subsections.
(5) Before publishing a list of school or district
accountability designations as required by the no child left behind
act of 2001, Public Law 107-110, or the every student succeeds act,
Public Law 114-95, and utilizing data that were certified as
accurate and complete after districts and intermediate districts
adhered to deadlines, data quality reviews, and correction
processes leading to local certification of final student data in
subsection (2), the department shall allow a school or district to
appeal
that determination. any
calculation errors used in the
preparation of accountability metrics. The department shall
consider and act upon the appeal within 30 days after it is
submitted and shall not publish the list until after all appeals
have been considered and decided.
(6) Beginning in 2016-2017, the department shall implement
statewide standard reporting requirements for education data
approved by the department in conjunction with the center. The
department shall work with the center, intermediate districts,
districts, and other interested stakeholders to implement this
policy change. A district or intermediate district shall implement
the statewide standard reporting requirements not later than 2017-
2018 or when a district or intermediate district updates its
education data reporting system, whichever is later.
Sec.
20. (1) For 2017-2018, 2018-2019,
both of the following
apply:
(a)
The basic foundation allowance is $8,289.00.$8,404.00.
(b)
The minimum foundation allowance is $7,631.00.$7,861.00.
(2) The amount of each district's foundation allowance shall
be calculated as provided in this section, using a basic foundation
allowance in the amount specified in subsection (1).
(3) Except as otherwise provided in this section, the amount
of a district's foundation allowance shall be calculated as
follows, using in all calculations the total amount of the
district's foundation allowance as calculated before any proration:
(a) Except as otherwise provided in this subdivision, for a
district that had a foundation allowance for the immediately
preceding state fiscal year that was at least equal to the minimum
foundation allowance for the immediately preceding state fiscal
year, but less than the basic foundation allowance for the
immediately preceding state fiscal year, the district shall receive
a foundation allowance in an amount equal to the sum of the
district's foundation allowance for the immediately preceding state
fiscal year plus the difference between twice the dollar amount of
the adjustment from the immediately preceding state fiscal year to
the current state fiscal year made in the basic foundation
allowance and [(the difference between the basic foundation
allowance for the current state fiscal year and basic foundation
allowance for the immediately preceding state fiscal year minus
$20.00)
$38.00) times (the difference between the district's
foundation allowance for the immediately preceding state fiscal
year and the minimum foundation allowance for the immediately
preceding state fiscal year) divided by the difference between the
basic foundation allowance for the current state fiscal year and
the minimum foundation allowance for the immediately preceding
state fiscal year.] However, the foundation allowance for a
district that had less than the basic foundation allowance for the
immediately preceding state fiscal year shall not exceed the basic
foundation allowance for the current state fiscal year.
(b) Except as otherwise provided in this subsection, for a
district that in the immediately preceding state fiscal year had a
foundation allowance in an amount equal to the amount of the basic
foundation allowance for the immediately preceding state fiscal
year,
the district shall receive a foundation allowance for 2017-
2018
2018-2019 in an amount equal to the basic foundation allowance
for
2017-2018.2018-2019.
(c) For a district that had a foundation allowance for the
immediately preceding state fiscal year that was greater than the
basic foundation allowance for the immediately preceding state
fiscal year, the district's foundation allowance is an amount equal
to the sum of the district's foundation allowance for the
immediately preceding state fiscal year plus the lesser of the
increase in the basic foundation allowance for the current state
fiscal year, as compared to the immediately preceding state fiscal
year, or the product of the district's foundation allowance for the
immediately preceding state fiscal year times the percentage
increase in the United States consumer price index in the calendar
year ending in the immediately preceding fiscal year as reported by
the May revenue estimating conference conducted under section 367b
of the management and budget act, 1984 PA 431, MCL 18.1367b.
(d) For a district that has a foundation allowance that is not
a whole dollar amount, the district's foundation allowance shall be
rounded up to the nearest whole dollar.
(e) For a district that received a foundation allowance
supplemental payment calculated under section 20m and paid under
section
22b for 2016-2017, 2017-2018,
the district's 2016-2017
2017-2018 foundation allowance is considered to have been an amount
equal
to the sum of the district's actual 2016-2017 2017-2018
foundation allowance as otherwise calculated under this section
plus the lesser of the per pupil amount of the district's
supplemental
payment for 2016-2017 2017-2018
as calculated under
section 20m or the product of the district's foundation allowance
for the immediately preceding state fiscal year times the
percentage increase in the United States consumer price index in
the calendar year ending in the immediately preceding fiscal year
as reported by the May revenue estimating conference conducted
under section 367b of the management and budget act, 1984 PA 431,
MCL 18.1367b.
(4) Except as otherwise provided in this subsection, beginning
in 2014-2015, the state portion of a district's foundation
allowance is an amount equal to the district's foundation allowance
or the basic foundation allowance for the current state fiscal
year, whichever is less, minus the local portion of the district's
foundation allowance. For a district described in subsection
(3)(c), beginning in 2014-2015, the state portion of the district's
foundation allowance is an amount equal to $6,962.00 plus the
difference between the district's foundation allowance for the
current state fiscal year and the district's foundation allowance
for 1998-99, minus the local portion of the district's foundation
allowance. For a district that has a millage reduction required
under section 31 of article IX of the state constitution of 1963,
the state portion of the district's foundation allowance shall be
calculated as if that reduction did not occur. For a receiving
district, if school operating taxes continue to be levied on behalf
of a dissolved district that has been attached in whole or in part
to the receiving district to satisfy debt obligations of the
dissolved district under section 12 of the revised school code, MCL
380.12, the taxable value per membership pupil of property in the
receiving district used for the purposes of this subsection does
not include the taxable value of property within the geographic
area of the dissolved district. For a community district, if school
operating taxes continue to be levied by a qualifying school
district under section 12b of the revised school code, MCL 380.12b,
with the same geographic area as the community district, the
taxable value per membership pupil of property in the community
district to be used for the purposes of this subsection does not
include the taxable value of property within the geographic area of
the community district.
(5) The allocation calculated under this section for a pupil
shall be based on the foundation allowance of the pupil's district
of residence. For a pupil enrolled pursuant to section 105 or 105c
in a district other than the pupil's district of residence, the
allocation calculated under this section shall be based on the
lesser of the foundation allowance of the pupil's district of
residence or the foundation allowance of the educating district.
For a pupil in membership in a K-5, K-6, or K-8 district who is
enrolled in another district in a grade not offered by the pupil's
district of residence, the allocation calculated under this section
shall be based on the foundation allowance of the educating
district if the educating district's foundation allowance is
greater than the foundation allowance of the pupil's district of
residence. The calculation under this subsection shall take into
account a district's per-pupil allocation under section 20m. For a
pupil enrolled under section 166b, the allocation calculated under
this section shall be based on the minimum foundation allowance.
(6) Except as otherwise provided in this subsection, for
pupils in membership, other than special education pupils, in a
public school academy, the allocation calculated under this section
is an amount per membership pupil other than special education
pupils in the public school academy equal to the foundation
allowance of the district in which the public school academy is
located or the state maximum public school academy allocation,
whichever is less. Except as otherwise provided in this subsection,
for pupils in membership, other than special education pupils, in a
public school academy that is a cyber school and is authorized by a
school district, the allocation calculated under this section is an
amount per membership pupil other than special education pupils in
the public school academy equal to the foundation allowance of the
district that authorized the public school academy or the state
maximum public school academy allocation, whichever is less.
However, a public school academy that had an allocation under this
subsection before 2009-2010 that was equal to the sum of the local
school operating revenue per membership pupil other than special
education pupils for the district in which the public school
academy is located and the state portion of that district's
foundation allowance shall not have that allocation reduced as a
result of the 2010 amendment to this subsection. Notwithstanding
section 101, for a public school academy that begins operations
after the pupil membership count day, the amount per membership
pupil calculated under this subsection shall be adjusted by
multiplying that amount per membership pupil by the number of hours
of pupil instruction provided by the public school academy after it
begins operations, as determined by the department, divided by the
minimum number of hours of pupil instruction required under section
101(3). The result of this calculation shall not exceed the amount
per membership pupil otherwise calculated under this subsection.
(7) Except as otherwise provided in this subsection, for
pupils in membership, other than special education pupils, in a
community district, the allocation calculated under this section is
an amount per membership pupil other than special education pupils
in the community district equal to the foundation allowance of the
qualifying school district, as described in section 12b of the
revised school code, MCL 380.12b, that is located within the same
geographic area as the community district.
(8) Subject to subsection (4), for a district that is formed
or reconfigured after June 1, 2002 by consolidation of 2 or more
districts or by annexation, the resulting district's foundation
allowance under this section beginning after the effective date of
the consolidation or annexation shall be the lesser of the sum of
the average of the foundation allowances of each of the original or
affected districts, calculated as provided in this section,
weighted as to the percentage of pupils in total membership in the
resulting district who reside in the geographic area of each of the
original or affected districts plus $100.00 or the highest
foundation allowance among the original or affected districts. This
subsection does not apply to a receiving district unless there is a
subsequent consolidation or annexation that affects the district.
The calculation under this subsection shall take into account a
district's per-pupil allocation under section 20m.
(9) Each fraction used in making calculations under this
section shall be rounded to the fourth decimal place and the dollar
amount of an increase in the basic foundation allowance shall be
rounded to the nearest whole dollar.
(10) State payments related to payment of the foundation
allowance for a special education pupil are not calculated under
this section but are instead calculated under section 51a.
(11) To assist the legislature in determining the basic
foundation allowance for the subsequent state fiscal year, each
revenue estimating conference conducted under section 367b of the
management and budget act, 1984 PA 431, MCL 18.1367b, shall
calculate a pupil membership factor, a revenue adjustment factor,
and an index as follows:
(a) The pupil membership factor shall be computed by dividing
the estimated membership in the school year ending in the current
state fiscal year, excluding intermediate district membership, by
the estimated membership for the school year ending in the
subsequent state fiscal year, excluding intermediate district
membership. If a consensus membership factor is not determined at
the revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and
senate subcommittees responsible for school aid appropriations not
later than 7 days after the conclusion of the revenue conference.
(b) The revenue adjustment factor shall be computed by
dividing the sum of the estimated total state school aid fund
revenue for the subsequent state fiscal year plus the estimated
total state school aid fund revenue for the current state fiscal
year, adjusted for any change in the rate or base of a tax the
proceeds of which are deposited in that fund and excluding money
transferred into that fund from the countercyclical budget and
economic stabilization fund under the management and budget act,
1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated
total school aid fund revenue for the current state fiscal year
plus the estimated total state school aid fund revenue for the
immediately preceding state fiscal year, adjusted for any change in
the rate or base of a tax the proceeds of which are deposited in
that fund. If a consensus revenue factor is not determined at the
revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and
senate subcommittees responsible for school aid appropriations not
later than 7 days after the conclusion of the revenue conference.
(c) The index shall be calculated by multiplying the pupil
membership factor by the revenue adjustment factor. If a consensus
index is not determined at the revenue estimating conference, the
principals of the revenue estimating conference shall report their
estimates to the house and senate subcommittees responsible for
school aid appropriations not later than 7 days after the
conclusion of the revenue conference.
(12) Payments to districts and public school academies shall
not be made under this section. Rather, the calculations under this
section shall be used to determine the amount of state payments
under section 22b.
(13) If an amendment to section 2 of article VIII of the state
constitution of 1963 allowing state aid to some or all nonpublic
schools is approved by the voters of this state, each foundation
allowance or per-pupil payment calculation under this section may
be reduced.
(14) As used in this section:
(a) "Certified mills" means the lesser of 18 mills or the
number of mills of school operating taxes levied by the district in
1993-94.
(b) "Combined state and local revenue" means the aggregate of
the district's state school aid received by or paid on behalf of
the district under this section and the district's local school
operating revenue.
(c) "Combined state and local revenue per membership pupil"
means the district's combined state and local revenue divided by
the district's membership excluding special education pupils.
(d) "Current state fiscal year" means the state fiscal year
for which a particular calculation is made.
(e) "Dissolved district" means a district that loses its
organization, has its territory attached to 1 or more other
districts, and is dissolved as provided under section 12 of the
revised school code, MCL 380.12.
(f) "Immediately preceding state fiscal year" means the state
fiscal year immediately preceding the current state fiscal year.
(g) "Local portion of the district's foundation allowance"
means an amount that is equal to the difference between (the sum of
the product of the taxable value per membership pupil of all
property in the district that is nonexempt property times the
district's certified mills and, for a district with certified mills
exceeding 12, the product of the taxable value per membership pupil
of property in the district that is commercial personal property
times the certified mills minus 12 mills) and (the quotient of the
product of the captured assessed valuation under tax increment
financing acts times the district's certified mills divided by the
district's membership excluding special education pupils).
(h) "Local school operating revenue" means school operating
taxes levied under section 1211 of the revised school code, MCL
380.1211. For a receiving district, if school operating taxes are
to be levied on behalf of a dissolved district that has been
attached in whole or in part to the receiving district to satisfy
debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, local school operating revenue
does not include school operating taxes levied within the
geographic area of the dissolved district.
(i) "Local school operating revenue per membership pupil"
means a district's local school operating revenue divided by the
district's membership excluding special education pupils.
(j) "Maximum public school academy allocation", except as
otherwise provided in this subdivision, means the maximum per-pupil
allocation as calculated by adding the highest per-pupil allocation
among all public school academies for the immediately preceding
state fiscal year plus the difference between twice the amount of
the difference between the basic foundation allowance for the
current state fiscal year and the basic foundation allowance for
the immediately preceding state fiscal year and [(the amount of the
difference between the basic foundation allowance for the current
state fiscal year and the basic foundation allowance for the
immediately
preceding state fiscal year minus $20.00) $38.00) times
(the difference between the highest per-pupil allocation among all
public school academies for the immediately preceding state fiscal
year and the minimum foundation allowance for the immediately
preceding state fiscal year) divided by the difference between the
basic foundation allowance for the current state fiscal year and
the minimum foundation allowance for the immediately preceding
state
fiscal year.] For the purposes of this subdivision, for 2017-
2018,
2018-2019, the maximum public school academy allocation is
$7,631.00.$7,861.00.
(k) "Membership" means the definition of that term under
section 6 as in effect for the particular fiscal year for which a
particular calculation is made.
(l) "Nonexempt property" means property that is not a
principal residence, qualified agricultural property, qualified
forest property, supportive housing property, industrial personal
property, commercial personal property, or property occupied by a
public school academy.
(m) "Principal residence", "qualified agricultural property",
"qualified forest property", "supportive housing property",
"industrial personal property", and "commercial personal property"
mean those terms as defined in section 1211 of the revised school
code, MCL 380.1211.
(n) "Receiving district" means a district to which all or part
of the territory of a dissolved district is attached under section
12 of the revised school code, MCL 380.12.
(o) "School operating purposes" means the purposes included in
the operation costs of the district as prescribed in sections 7 and
18 and purposes authorized under section 1211 of the revised school
code, MCL 380.1211.
(p) "School operating taxes" means local ad valorem property
taxes levied under section 1211 of the revised school code, MCL
380.1211, and retained for school operating purposes.
(q) "Tax increment financing acts" means 1975 PA 197, MCL
125.1651 to 125.1681, the tax increment finance authority act, 1980
PA 450, MCL 125.1801 to 125.1830, the local development financing
act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment
financing act, 1996 PA 381, MCL 125.2651 to 125.2672,
125.2670, or the corridor improvement authority act, 2005 PA 280,
MCL 125.2871 to 125.2899.
(r) "Taxable value per membership pupil" means taxable value,
as certified by the county treasurer and reported to the
department, for the calendar year ending in the current state
fiscal year divided by the district's membership excluding special
education pupils for the school year ending in the current state
fiscal year.
Sec. 20d. In making the final determination required under
former section 20a of a district's combined state and local revenue
per membership pupil in 1993-94 and in making calculations under
section
20 for 2017-2018, 2018-2019,
the department and the
department of treasury shall comply with all of the following:
(a) For a district that had combined state and local revenue
per membership pupil in the 1994-95 state fiscal year of $6,500.00
or more and served as a fiscal agent for a state board designated
area vocational education center in the 1993-94 school year, total
state school aid received by or paid on behalf of the district
pursuant to this act in 1993-94 shall exclude payments made under
former section 146 and under section 147 on behalf of the
district's employees who provided direct services to the area
vocational education center. Not later than June 30, 1996, the
department shall make an adjustment under this subdivision to the
district's combined state and local revenue per membership pupil in
the 1994-95 state fiscal year and the department of treasury shall
make a final certification of the number of mills that may be
levied by the district under section 1211 of the revised school
code, MCL 380.1211, as a result of the adjustment under this
subdivision.
(b) If a district had an adjustment made to its 1993-94 total
state school aid that excluded payments made under former section
146 and under section 147 on behalf of the district's employees who
provided direct services for intermediate district center programs
operated by the district under sections 51 to 56, if nonresident
pupils attending the center programs were included in the
district's membership for purposes of calculating the combined
state and local revenue per membership pupil for 1993-94, and if
there is a signed agreement by all constituent districts of the
intermediate district that an adjustment under this subdivision
shall be made, the foundation allowances for 1995-96 and 1996-97 of
all districts that had pupils attending the intermediate district
center program operated by the district that had the adjustment
shall be calculated as if their combined state and local revenue
per membership pupil for 1993-94 included resident pupils attending
the center program and excluded nonresident pupils attending the
center program.
Sec. 20f. (1) From the funds appropriated in section 11, there
is
allocated an amount not to exceed $18,000,000.00 for 2017-2018
2018-2019 for payments to eligible districts under this section.
(2) The funding under this subsection is from the allocation
under subsection (1). A district is eligible for funding under this
subsection if the district received a payment under this section as
it was in effect for 2013-2014. A district was eligible for funding
in 2013-2014 if the sum of the following was less than $5.00:
(a) The increase in the district's foundation allowance or
per-pupil payment as calculated under section 20 from 2012-2013 to
2013-2014.
(b) The district's equity payment per membership pupil under
former section 22c for 2013-2014.
(c) The quotient of the district's allocation under section
147a for 2012-2013 divided by the district's membership pupils for
2012-2013 minus the quotient of the district's allocation under
section 147a for 2013-2014 divided by the district's membership
pupils for 2013-2014.
(3) The amount allocated to each eligible district under
subsection (2) is an amount per membership pupil equal to the
amount per membership pupil the district received under this
section in 2013-2014.
(4) The funding under this subsection is from the allocation
under subsection (1). A district is eligible for funding under this
subsection if the sum of the following is less than $25.00:
(a) The increase in the district's foundation allowance or
per-pupil payment as calculated under section 20 from 2014-2015 to
2015-2016.
(b) The decrease in the district's best practices per-pupil
funding under former section 22f from 2014-2015 to 2015-2016.
(c) The decrease in the district's pupil performance per-pupil
funding under former section 22j from 2014-2015 to 2015-2016.
(d) The quotient of the district's allocation under section
31a for 2015-2016 divided by the district's membership pupils for
2015-2016 minus the quotient of the district's allocation under
section 31a for 2014-2015 divided by the district's membership
pupils for 2014-2015.
(5) The amount allocated to each eligible district under
subsection (4) is an amount per membership pupil equal to $25.00
minus the sum of the following:
(a) The increase in the district's foundation allowance or
per-pupil payment as calculated under section 20 from 2014-2015 to
2015-2016.
(b) The decrease in the district's best practices per-pupil
funding under former section 22f from 2014-2015 to 2015-2016.
(c) The decrease in the district's pupil performance per-pupil
funding under former section 22j from 2014-2015 to 2015-2016.
(d) The quotient of the district's allocation under section
31a for 2015-2016 divided by the district's membership pupils for
2015-2016 minus the quotient of the district's allocation under
section 31a for 2014-2015 divided by the district's membership
pupils for 2014-2015.
(6) If the allocation under subsection (1) is insufficient to
fully fund payments under subsections (3) and (5) as otherwise
calculated under this section, the department shall prorate
payments under this section on an equal per-pupil basis.
Sec. 21h. (1) From the appropriation in section 11, there is
allocated
$6,000,000.00 for 2017-2018 2018-2019
for assisting
districts assigned by the superintendent to participate in a
partnership to improve student achievement. The purpose of the
partnership is to identify district needs, develop intervention
plans, and partner with public, private, and nonprofit
organizations to coordinate resources and improve student
achievement. Assignment of a district to a partnership is at the
sole discretion of the superintendent.
(2) A district assigned to a partnership by the superintendent
is eligible for funding under this section if the district includes
at least 1 school that has been rated with a grade of "F", or
comparable performance rating, in the most recent state
accountability system rating, that is not under the supervision of
the state school reform/redesign office, and that does all of the
following:
(a) Completes a comprehensive needs evaluation in
collaboration with an intermediate school district, community
members, education organizations, and postsecondary institutions,
as applicable and approved by the superintendent, within 90 days of
assignment to the partnership described in this section. The
comprehensive needs evaluation shall include at least all of the
following:
(i) A review of the district's implementation and utilization
of a multi-tiered system of supports to ensure that it is used to
appropriately inform instruction.
(ii) A review of the district and school building leadership
and educator capacity to substantially improve student outcomes.
(iii) A review of classroom, instructional, and operational
practices and curriculum to ensure alignment with research-based
instructional practices and state curriculum standards.
(b) Develops an intervention plan that has been approved by
the superintendent and that addresses the needs identified in the
comprehensive needs evaluation completed under subdivision (a). The
intervention plan shall include at least all of the following:
(i) Specific actions that will be taken by the district and
each of its partners to improve student achievement.
(ii) Specific measurable benchmarks that will be met within 18
months to improve student achievement and identification of
expected student achievement outcomes to be attained within 3 years
after assignment to the partnership.
(c) Crafts academic goals that put pupils on track to meet or
exceed grade level proficiency.
(3) Upon approval of the intervention plan developed under
subsection (2), the department shall assign a team of individuals
with expertise in comprehensive school and district reform to
partner with the district, the intermediate district, community
organizations, education organizations, and postsecondary
institutions identified in the intervention plan to review the
district's use of existing financial resources to ensure that those
resources are being used as efficiently and effectively as possible
to improve student academic achievement. The superintendent of
public instruction may waive burdensome administrative rules for a
partnership district for the duration of the partnership agreement.
(4) Funds allocated under this section may be used to pay for
district expenditures approved by the superintendent to improve
student achievement. Funds may be used for professional development
for teachers or district or school leadership, increased
instructional time, teacher mentors, or other expenditures that
directly impact student achievement and cannot be paid from
existing district financial resources. An eligible district shall
not receive funds under this section for more than 3 years.
Notwithstanding section 17b, payments to eligible districts under
this section shall be paid on a schedule determined by the
department.
(5) The department shall annually report in person to the
legislature on the activities funded under this section and how
those activities impacted student achievement in eligible districts
that received funds under this section. To the extent possible,
participating districts receiving funding under this section shall
participate in the report.
Sec.
22a. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $5,207,000,000.00 for 2016-2017
and
there is allocated an amount not to
exceed $5,181,800,000.00
$5,176,000,000.00 for 2017-2018 and there is allocated an amount
not to exceed $5,115,000,000.00 for 2018-2019 for payments to
districts and qualifying public school academies to guarantee each
district and qualifying public school academy an amount equal to
its 1994-95 total state and local per pupil revenue for school
operating purposes under section 11 of article IX of the state
constitution of 1963. Pursuant to section 11 of article IX of the
state constitution of 1963, this guarantee does not apply to a
district in a year in which the district levies a millage rate for
school district operating purposes less than it levied in 1994.
However, subsection (2) applies to calculating the payments under
this section. Funds allocated under this section that are not
expended in the state fiscal year for which they were allocated, as
determined by the department, may be used to supplement the
allocations under sections 22b and 51c in order to fully fund those
calculated allocations for the same fiscal year.
(2) To ensure that a district receives an amount equal to the
district's 1994-95 total state and local per pupil revenue for
school operating purposes, there is allocated to each district a
state portion of the district's 1994-95 foundation allowance in an
amount calculated as follows:
(a) Except as otherwise provided in this subsection, the state
portion of a district's 1994-95 foundation allowance is an amount
equal to the district's 1994-95 foundation allowance or $6,500.00,
whichever is less, minus the difference between the sum of the
product of the taxable value per membership pupil of all property
in the district that is nonexempt property times the district's
certified mills and, for a district with certified mills exceeding
12, the product of the taxable value per membership pupil of
property in the district that is commercial personal property times
the certified mills minus 12 mills and the quotient of the ad
valorem property tax revenue of the district captured under tax
increment financing acts divided by the district's membership. For
a district that has a millage reduction required under section 31
of article IX of the state constitution of 1963, the state portion
of the district's foundation allowance shall be calculated as if
that reduction did not occur. For a receiving district, if school
operating taxes are to be levied on behalf of a dissolved district
that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district
under section 12 of the revised school code, MCL 380.12, taxable
value per membership pupil of all property in the receiving
district that is nonexempt property and taxable value per
membership pupil of property in the receiving district that is
commercial personal property do not include property within the
geographic area of the dissolved district; ad valorem property tax
revenue of the receiving district captured under tax increment
financing acts does not include ad valorem property tax revenue
captured within the geographic boundaries of the dissolved district
under tax increment financing acts; and certified mills do not
include the certified mills of the dissolved district. For a
community district, the allocation as otherwise calculated under
this section shall be reduced by an amount equal to the amount of
local school operating tax revenue that would otherwise be due to
the community district if not for the operation of section 386 of
the revised school code, MCL 380.386, and the amount of this
reduction shall be offset by the increase in funding under section
22b(2).
(b) For a district that had a 1994-95 foundation allowance
greater than $6,500.00, the state payment under this subsection
shall be the sum of the amount calculated under subdivision (a)
plus the amount calculated under this subdivision. The amount
calculated under this subdivision shall be equal to the difference
between the district's 1994-95 foundation allowance minus $6,500.00
and the current year hold harmless school operating taxes per
pupil. If the result of the calculation under subdivision (a) is
negative, the negative amount shall be an offset against any state
payment calculated under this subdivision. If the result of a
calculation under this subdivision is negative, there shall not be
a state payment or a deduction under this subdivision. The taxable
values per membership pupil used in the calculations under this
subdivision are as adjusted by ad valorem property tax revenue
captured under tax increment financing acts divided by the
district's membership. For a receiving district, if school
operating taxes are to be levied on behalf of a dissolved district
that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district
under section 12 of the revised school code, MCL 380.12, ad valorem
property tax revenue captured under tax increment financing acts do
not include ad valorem property tax revenue captured within the
geographic boundaries of the dissolved district under tax increment
financing acts.
(3) Beginning in 2003-2004, for pupils in membership in a
qualifying public school academy, there is allocated under this
section to the authorizing body that is the fiscal agent for the
qualifying public school academy for forwarding to the qualifying
public school academy an amount equal to the 1994-95 per pupil
payment to the qualifying public school academy under section 20.
(4) A district or qualifying public school academy may use
funds allocated under this section in conjunction with any federal
funds for which the district or qualifying public school academy
otherwise would be eligible.
(5) Except as otherwise provided in this subsection, for a
district that is formed or reconfigured after June 1, 2000 by
consolidation of 2 or more districts or by annexation, the
resulting district's 1994-95 foundation allowance under this
section beginning after the effective date of the consolidation or
annexation shall be the average of the 1994-95 foundation
allowances of each of the original or affected districts,
calculated as provided in this section, weighted as to the
percentage of pupils in total membership in the resulting district
in the state fiscal year in which the consolidation takes place who
reside in the geographic area of each of the original districts. If
an affected district's 1994-95 foundation allowance is less than
the 1994-95 basic foundation allowance, the amount of that
district's 1994-95 foundation allowance shall be considered for the
purpose of calculations under this subsection to be equal to the
amount of the 1994-95 basic foundation allowance. This subsection
does not apply to a receiving district unless there is a subsequent
consolidation or annexation that affects the district.
(6) Payments under this section are subject to section 25g.
(7) As used in this section:
(a) "1994-95 foundation allowance" means a district's 1994-95
foundation allowance calculated and certified by the department of
treasury or the superintendent under former section 20a as enacted
in 1993 PA 336 and as amended by 1994 PA 283.
(b) "Certified mills" means the lesser of 18 mills or the
number of mills of school operating taxes levied by the district in
1993-94.
(c) "Current state fiscal year" means the state fiscal year
for which a particular calculation is made.
(d) "Current year hold harmless school operating taxes per
pupil" means the per pupil revenue generated by multiplying a
district's 1994-95 hold harmless millage by the district's current
year taxable value per membership pupil. For a receiving district,
if school operating taxes are to be levied on behalf of a dissolved
district that has been attached in whole or in part to the
receiving district to satisfy debt obligations of the dissolved
district under section 12 of the revised school code, MCL 380.12,
taxable value per membership pupil does not include the taxable
value of property within the geographic area of the dissolved
district.
(e) "Dissolved district" means a district that loses its
organization, has its territory attached to 1 or more other
districts, and is dissolved as provided under section 12 of the
revised school code, MCL 380.12.
(f) "Hold harmless millage" means, for a district with a 1994-
95 foundation allowance greater than $6,500.00, the number of mills
by which the exemption from the levy of school operating taxes on a
homestead, qualified agricultural property, qualified forest
property, supportive housing property, industrial personal
property, commercial personal property, and property occupied by a
public school academy could be reduced as provided in section 1211
of the revised school code, MCL 380.1211, and the number of mills
of school operating taxes that could be levied on all property as
provided in section 1211(2) of the revised school code, MCL
380.1211, as certified by the department of treasury for the 1994
tax year. For a receiving district, if school operating taxes are
to be levied on behalf of a dissolved district that has been
attached in whole or in part to the receiving district to satisfy
debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, school operating taxes do not
include school operating taxes levied within the geographic area of
the dissolved district.
(g) "Homestead", "qualified agricultural property", "qualified
forest property", "supportive housing property", "industrial
personal property", and "commercial personal property" mean those
terms as defined in section 1211 of the revised school code, MCL
380.1211.
(h) "Membership" means the definition of that term under
section 6 as in effect for the particular fiscal year for which a
particular calculation is made.
(i) "Nonexempt property" means property that is not a
principal residence, qualified agricultural property, qualified
forest property, supportive housing property, industrial personal
property, commercial personal property, or property occupied by a
public school academy.
(j) "Qualifying public school academy" means a public school
academy that was in operation in the 1994-95 school year and is in
operation in the current state fiscal year.
(k) "Receiving district" means a district to which all or part
of the territory of a dissolved district is attached under section
12 of the revised school code, MCL 380.12.
(l) "School operating taxes" means local ad valorem property
taxes levied under section 1211 of the revised school code, MCL
380.1211, and retained for school operating purposes as defined in
section 20.
(m) "Tax increment financing acts" means 1975 PA 197, MCL
125.1651 to 125.1681, the tax increment finance authority act, 1980
PA 450, MCL 125.1801 to 125.1830, the local development financing
act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672,
or the corridor improvement authority act, 2005 PA 280, MCL
125.2871 to 125.2899.
(n) "Taxable value per membership pupil" means each of the
following divided by the district's membership:
(i) For the number of mills by which the exemption from the
levy of school operating taxes on a homestead, qualified
agricultural property, qualified forest property, supportive
housing property, industrial personal property, commercial personal
property, and property occupied by a public school academy may be
reduced as provided in section 1211 of the revised school code, MCL
380.1211, the taxable value of homestead, qualified agricultural
property, qualified forest property, supportive housing property,
industrial personal property, commercial personal property, and
property occupied by a public school academy for the calendar year
ending in the current state fiscal year. For a receiving district,
if school operating taxes are to be levied on behalf of a dissolved
district that has been attached in whole or in part to the
receiving district to satisfy debt obligations of the dissolved
district under section 12 of the revised school code, MCL 380.12,
mills do not include mills within the geographic area of the
dissolved district.
(ii) For the number of mills of school operating taxes that
may be levied on all property as provided in section 1211(2) of the
revised school code, MCL 380.1211, the taxable value of all
property for the calendar year ending in the current state fiscal
year. For a receiving district, if school operating taxes are to be
levied on behalf of a dissolved district that has been attached in
whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, school operating taxes do not
include school operating taxes levied within the geographic area of
the dissolved district.
Sec. 22b. (1) For discretionary nonmandated payments to
districts
under this section, there is allocated for 2016-2017 an
amount
not to exceed $3,841,000,000.00 from the state school aid
fund
and general fund appropriations in section 11 and an amount
not
to exceed $72,000,000.00 from the community district education
trust
fund appropriation in section 11, and there is allocated for
2017-2018
an amount not to exceed $3,965,500,000.00
$3,947,000,000.00 from the state school aid fund and general fund
appropriations in section 11 and an amount not to exceed
$72,000,000.00 from the community district education trust fund
appropriation in section 11, and there is allocated for 2018-2019
an amount not to exceed $3,818,000,000.00 from the state school aid
fund and general fund appropriations in section 11 and an amount
not to exceed $72,000,000.00 from the community district education
trust fund appropriation in section 11. Except for money allocated
from the community district trust fund, money allocated under this
section that is not expended in the state fiscal year for which it
was allocated, as determined by the department, may be used to
supplement the allocations under sections 22a, 22p, and 51c in
order to fully fund those calculated allocations for the same
fiscal year.
(2) Subject to subsection (3) and section 296, the allocation
to a district under this section shall be an amount equal to the
sum of the amounts calculated under sections 20, 20m, 51a(2),
51a(3), and 51a(11), minus the sum of the allocations to the
district under sections 22a and 51c. For a community district, the
allocation as otherwise calculated under this section shall be
increased by an amount equal to the amount of local school
operating tax revenue that would otherwise be due to the community
district if not for the operation of section 386 of the revised
school code, MCL 380.386, and this increase shall be paid from the
community district education trust fund allocation in subsection
(1) in order to offset the absence of local school operating
revenue in a community district in the funding of the state portion
of the foundation allowance under section 20(4).
(3) In order to receive an allocation under subsection (1),
each district shall do all of the following:
(a) Comply with section 1280b of the revised school code, MCL
380.1280b.
(b) Comply with sections 1278a and 1278b of the revised school
code, MCL 380.1278a and 380.1278b.
(c) Furnish data and other information required by state and
federal law to the center and the department in the form and manner
specified by the center or the department, as applicable.
(d) Comply with section 1230g of the revised school code, MCL
380.1230g.
(e) Comply with section 21f.
(4) Districts are encouraged to use funds allocated under this
section for the purchase and support of payroll, human resources,
and other business function software that is compatible with that
of the intermediate district in which the district is located and
with other districts located within that intermediate district.
(5) From the allocation in subsection (1), the department
shall pay up to $1,000,000.00 in litigation costs incurred by this
state related to commercial or industrial property tax appeals,
including, but not limited to, appeals of classification, that
impact revenues dedicated to the state school aid fund.
(6) From the allocation in subsection (1), the department
shall pay up to $1,000,000.00 in litigation costs incurred by this
state associated with lawsuits filed by 1 or more districts or
intermediate districts against this state. If the allocation under
this section is insufficient to fully fund all payments required
under this section, the payments under this subsection shall be
made in full before any proration of remaining payments under this
section.
(7) It is the intent of the legislature that all
constitutional obligations of this state have been fully funded
under sections 22a, 31d, 51a, 51c, and 152a. If a claim is made by
an entity receiving funds under this article that challenges the
legislative determination of the adequacy of this funding or
alleges that there exists an unfunded constitutional requirement,
the state budget director may escrow or allocate from the
discretionary funds for nonmandated payments under this section the
amount as may be necessary to satisfy the claim before making any
payments to districts under subsection (2). If funds are escrowed,
the escrowed funds are a work project appropriation and the funds
are carried forward into the following fiscal year. The purpose of
the work project is to provide for any payments that may be awarded
to districts as a result of litigation. The work project shall be
completed upon resolution of the litigation.
(8) If the local claims review board or a court of competent
jurisdiction makes a final determination that this state is in
violation of section 29 of article IX of the state constitution of
1963 regarding state payments to districts, the state budget
director shall use work project funds under subsection (7) or
allocate from the discretionary funds for nonmandated payments
under this section the amount as may be necessary to satisfy the
amount owed to districts before making any payments to districts
under subsection (2).
(9) If a claim is made in court that challenges the
legislative determination of the adequacy of funding for this
state's constitutional obligations or alleges that there exists an
unfunded constitutional requirement, any interested party may seek
an expedited review of the claim by the local claims review board.
If the claim exceeds $10,000,000.00, this state may remove the
action to the court of appeals, and the court of appeals shall have
and shall exercise jurisdiction over the claim.
(10) If payments resulting from a final determination by the
local claims review board or a court of competent jurisdiction that
there has been a violation of section 29 of article IX of the state
constitution of 1963 exceed the amount allocated for discretionary
nonmandated payments under this section, the legislature shall
provide for adequate funding for this state's constitutional
obligations at its next legislative session.
(11) If a lawsuit challenging payments made to districts
related to costs reimbursed by federal title XIX Medicaid funds is
filed against this state, then, for the purpose of addressing
potential liability under such a lawsuit, the state budget director
may place funds allocated under this section in escrow or allocate
money from the funds otherwise allocated under this section, up to
a maximum of 50% of the amount allocated in subsection (1). If
funds are placed in escrow under this subsection, those funds are a
work project appropriation and the funds are carried forward into
the following fiscal year. The purpose of the work project is to
provide for any payments that may be awarded to districts as a
result of the litigation. The work project shall be completed upon
resolution of the litigation. In addition, this state reserves the
right to terminate future federal title XIX Medicaid reimbursement
payments to districts if the amount or allocation of reimbursed
funds is challenged in the lawsuit. As used in this subsection,
"title XIX" means title XIX of the social security act, 42 USC 1396
to
1396v.1396w-5.
(12) Payments to districts or public school academies must not
be made under this section for pupils enrolled and counted in
membership in those districts or public school academies that have
entered into a partnership agreement with the department. Payments
for those pupils must be made under section 22p.
Sec. 22d. (1) From the appropriation in section 11, an amount
not
to exceed $5,000,000.00 $6,000,000.00
is allocated for 2017-
2018
2018-2019 for supplemental payments to rural districts under
this section.
(2) From the allocation under subsection (1), there is
allocated
for 2017-2018 2018-2019 an amount not to exceed
$957,300.00 for payments under this subsection to districts that
meet all of the following:
(a) Operates grades K to 12.
(b) Has fewer than 250 pupils in membership.
(c) Each school building operated by the district meets at
least 1 of the following:
(i) Is located in the Upper Peninsula at least 30 miles from
any other public school building.
(ii) Is located on an island that is not accessible by bridge.
(3) The amount of the additional funding to each eligible
district under subsection (2) shall be determined under a spending
plan developed as provided in this subsection and approved by the
superintendent of public instruction. The spending plan shall be
developed cooperatively by the intermediate superintendents of each
intermediate district in which an eligible district is located. The
intermediate superintendents shall review the financial situation
of each eligible district, determine the minimum essential
financial needs of each eligible district, and develop and agree on
a spending plan that distributes the available funding under
subsection (2) to the eligible districts based on those financial
needs. The intermediate superintendents shall submit the spending
plan to the superintendent of public instruction for approval. Upon
approval by the superintendent of public instruction, the amounts
specified for each eligible district under the spending plan are
allocated under subsection (2) and shall be paid to the eligible
districts in the same manner as payments under section 22b.
(4) Subject to subsection (6), from the allocation in
subsection
(1), there is allocated for 2017-2018 2018-2019 an
amount
not to exceed $4,042,700.00 $5,042,700.00
for payments under
this
subsection to districts that have 7.3 7.7 or fewer pupils per
square mile as determined by the department.
(5) The funds allocated under subsection (4) shall be
allocated on an equal per-pupil basis.
(6) A district receiving funds allocated under subsection (2)
is not eligible for funding allocated under subsection (4).
Sec. 22m. (1) From the appropriations in section 11, there is
allocated
for 2017-2018 2018-2019 an amount not to exceed
$2,200,000.00 for supporting the integration of local data systems
into the Michigan data hub network based on common standards and
applications that are in compliance with section 19(6).
(2) An entity that is the fiscal agent for no more than 5
consortia of intermediate districts that previously received
funding from the technology readiness infrastructure grant under
former section 22i for the purpose of establishing regional data
hubs that are part of the Michigan data hub network is eligible for
funding under this section.
(3) The center shall work with an advisory committee composed
of representatives from intermediate districts within each of the
data hub regions to coordinate the activities of the Michigan data
hub network.
(4) The center, in collaboration with the Michigan data hub
network, shall determine the amount of funds distributed under this
section to each participating regional data hub within the network,
based upon a competitive grant process. Entities receiving funding
under this section shall represent geographically diverse areas in
this state.
(5) Notwithstanding section 17b, payments under this section
shall be made on a schedule determined by the center.
(6) To receive funding under this section, a regional data hub
must have a governance model that ensures local control of data,
data security, and student privacy issues. The integration of data
within each of the regional data hubs shall provide for the
actionable use of data by districts and intermediate districts
through common reports and dashboards and for efficiently providing
information to meet state and federal reporting purposes.
(7) Participation in a data hub region in the Michigan data
hub network under this section is voluntary and is not required.
(8) Entities receiving funding under this section shall use
the funds for all of the following:
(a) Creating an infrastructure that effectively manages the
movement of data between data systems used by intermediate
districts, districts, and other educational organizations in
Michigan based on common data standards to improve student
achievement.
(b) Utilizing the infrastructure to put in place commonly
needed integrations, reducing cost and effort to do that work while
increasing data accuracy and usability.
(c) Promoting the use of a more common set of applications by
promoting systems that integrate with the Michigan data hub
network.
(d) Promoting 100% district adoption of the Michigan data hub
network
by September 30, 2018.2020.
(e) Ensuring local control of data, data security, and student
data privacy.
(f) Utilizing the infrastructure to promote the actionable use
of data through common reports and dashboards that are consistent
statewide.
(g) Creating a governance model to facilitate sustainable
operations of the infrastructure in the future, including
administration, legal agreements, documentation, staffing, hosting,
and funding.
(h) Evaluating future data initiatives at all levels to
determine whether the initiatives can be enhanced by using the
standardized environment in the Michigan data hub network.
(9)
Not later than January 1 , 2018, of
each fiscal year, the
center shall prepare a summary report of information provided by
each entity that received funds under this section that includes
measurable outcomes based on the objectives described under this
section. The report shall include a summary of compiled data from
each entity to provide a means to evaluate the effectiveness of the
project. The center shall submit the report to the house and senate
appropriations subcommittees on state school aid and to the house
and senate fiscal agencies.
Sec. 22n. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $11,000,000.00 for 2017 2018
2018-2019 for additional payments to districts for the higher
instructional costs of educating high school pupils.
(2) A district is eligible for a payment under this section if
it educates pupils in 1 or more of grades 9 to 12.
(3) The payment to each eligible district under this section
shall be an amount equal to $25.00 multiplied by the district's
total pupil membership in grades 9 to 12 as calculated under
section 6 for the current fiscal year. If the allocation under
subsection (1) is insufficient to fully fund payments under this
subsection, the department shall prorate payments under this
section on an equal per-pupil basis.
Sec. 22p. (1) From the appropriation in section 11, there is
allocated for 2018-2019 an amount not to exceed $400,000,000.00 for
payments to eligible districts and eligible public school academies
under this section. To be eligible for payments under this section,
a district or public school academy must meet all of the following:
(a) Has a signed partnership agreement with the department.
(b) Is not eligible to receive funding under section 22b.
(c) Amends the partnership agreement to include measurable
academic outcomes that will be achieved after 18 months and after
36 months from the date the agreement was originally signed.
Measurable academic outcomes under this subdivision must include
outcomes that put pupils on track to meet or exceed grade level
proficiency.
(d) Amends the partnership agreement to include accountability
measures to be imposed if the district or public school academy
does not achieve the measurable academic outcomes under subdivision
(c) for a school subject to a partnership agreement. Accountability
measures under this subdivision may include either the closure of
the school at the end of the current school year or the
reconstitution of the school in a final attempt to improve student
educational performance or to avoid interruption of the educational
process. For a public school academy that amends a partnership
agreement under this subdivision, the amended agreement must
include a requirement that if reconstitution is imposed on a school
that is operated by the public school academy and that is subject
to the partnership agreement, the school shall be reconstituted as
described in section 507 of the revised school code, MCL 380.507.
For a district that amends a partnership agreement under this
subdivision, the amended agreement must include a requirement that
if reconstitution is imposed on a school that is operated by the
district and that is subject to the partnership agreement, all of
the following apply:
(i) The board of the district operating the school shall
appoint a local building governing board for the school. All of the
following apply to the local building governing board:
(A) The local building governing board shall be composed of 5
people from the local community who are not members of the board of
the district and who are appointed by the board of the district.
(B) One member appointed by the board of the district under
sub-subparagraph (A) shall be chosen from a list submitted to the
board by the superintendent of public instruction.
(C) One member appointed by the board of the district under
sub-subparagraph (A) shall be chosen from a list submitted to the
board by the intermediate district that signed the partnership
agreement.
(D) The local building governing board shall possess all of
the powers of the board of the district for the academic affairs
and daily operations of the school, but the district shall retain
responsibility for administering lunch programs, special education,
payroll, and other primary functions.
(E) The local building governing board shall develop and
approve a building-level budget that shall be remitted to the
district for approval in the district's general budgeting process.
(F) The local building governing board shall hire or enter
into a contract with a school leader.
(G) The local building governing board shall employ or
contract with personnel as necessary for the operation of the
school, prescribe their duties, and fix their compensation.
(ii) Upon appointment of a local building governing board
under subparagraph (i), all provisions of a collective bargaining
agreement as they apply to teachers at the school shall be
canceled.
(iii) The reconstitution plan for the school shall require the
adoption of goals similar to the goals included in a partnership
agreement, with a limit of 5 years to achieve the goals. If the
goals are not achieved within 5 years, the superintendent of public
instruction shall either impose a second reconstitution plan on the
school or close the school.
(2) For an eligible district or eligible public school
academy, the amount of funding paid to the eligible district or
eligible public school academy under this section shall be
calculated and paid in the same manner as if the eligible district
or eligible public school academy received the funding under
section 22b.
(3) Funds allocated under this section that are not expended
in the fiscal year for which they are allocated, as determined by
the department, may be used to supplement the allocations in
section 22b.
Sec. 24. (1) From the appropriation in section 11, there is
allocated for 2017-2018 and for 2018-2019 an amount not to exceed
$8,000,000.00
$7,150,000.00 for payments to the educating district
or intermediate district for educating pupils assigned by a court
or the department of health and human services to reside in or to
attend a juvenile detention facility or child caring institution
licensed by the department of health and human services and
approved by the department to provide an on-grounds education
program. The amount of the payment under this section to a district
or intermediate district shall be calculated as prescribed under
subsection (2).
(2) The total amount allocated under this section shall be
allocated by paying to the educating district or intermediate
district an amount equal to the lesser of the district's or
intermediate district's added cost or the department's approved
per-pupil allocation for the district or intermediate district. For
the purposes of this subsection:
(a) "Added cost" means 100% of the added cost each fiscal year
for educating all pupils assigned by a court or the department of
health and human services to reside in or to attend a juvenile
detention facility or child caring institution licensed by the
department of health and human services or the department of
licensing and regulatory affairs and approved by the department to
provide an on-grounds education program. Added cost shall be
computed by deducting all other revenue received under this article
for pupils described in this section from total costs, as approved
by the department, in whole or in part, for educating those pupils
in the on-grounds education program or in a program approved by the
department that is located on property adjacent to a juvenile
detention facility or child caring institution. Costs reimbursed by
federal funds are not included.
(b) "Department's approved per-pupil allocation" for a
district or intermediate district shall be determined by dividing
the total amount allocated under this section for a fiscal year by
the full-time equated membership total for all pupils approved by
the department to be funded under this section for that fiscal year
for the district or intermediate district.
(3) A district or intermediate district educating pupils
described in this section at a residential child caring institution
may operate, and receive funding under this section for, a
department-approved on-grounds educational program for those pupils
that is longer than 181 days, but not longer than 233 days, if the
child caring institution was licensed as a child caring institution
and offered in 1991-92 an on-grounds educational program that was
longer than 181 days but not longer than 233 days and that was
operated by a district or intermediate district.
(4) Special education pupils funded under section 53a shall
not be funded under this section.
Sec. 24a. From the appropriation in section 11, there is
allocated
an amount not to exceed $1,339,000.00 for 2017-2018
$1,355,700.00 for 2018-2019 for payments to intermediate districts
for pupils who are placed in juvenile justice service facilities
operated by the department of health and human services. Each
intermediate district shall receive an amount equal to the state
share of those costs that are clearly and directly attributable to
the educational programs for pupils placed in facilities described
in this section that are located within the intermediate district's
boundaries. The intermediate districts receiving payments under
this section shall cooperate with the department of health and
human services to ensure that all funding allocated under this
section is utilized by the intermediate district and department of
health and human services for educational programs for pupils
described in this section. Pupils described in this section are not
eligible to be funded under section 24. However, a program
responsibility or other fiscal responsibility associated with these
pupils shall not be transferred from the department of health and
human services to a district or intermediate district unless the
district or intermediate district consents to the transfer.
Sec. 24c. From the appropriation in section 11, there is
allocated
an amount not to exceed $1,528,400.00 for 2017-2018
$1,545,400.00 for 2018-2019 for payments to districts for pupils
who are enrolled in a nationally administered community-based
education and youth mentoring program, known as the youth challenge
program, that is administered by the department of military and
veterans affairs. Both of the following apply to a district
receiving payments under this section:
(a) The district shall contract with the department of
military and veterans affairs to ensure that all funding allocated
under this section is utilized by the district and the department
of military and veterans affairs for the youth challenge program.
(b) The district may retain for its administrative expenses an
amount not to exceed 3% of the amount of the payment the district
receives under this section.
Sec. 25f. (1) From the state school aid fund money
appropriated in section 11, there is allocated an amount not to
exceed
$750,000.00 $1,600,000.00 for 2017-2018 and for 2018-2019
for payments to strict discipline academies established under
sections 1311b to 1311m of the revised school code, MCL 380.1311b
to 380.1311m, as provided under this section.
(2) In order to receive funding under this section, a strict
discipline academy shall first comply with section 25e and use the
pupil transfer process under that section for changes in enrollment
as prescribed under that section.
(3) The total amount allocated to a strict discipline academy
under
this section is an amount equal to shall first be distributed
as the lesser of the strict discipline academy's added cost or the
department's approved per-pupil allocation for the strict
discipline academy. Any funds remaining after the first
distribution shall be distributed by prorating on an equal per-
pupil membership basis, not to exceed a strict discipline academy's
added cost. However, the sum of the amounts received by a strict
discipline academy under this section and under section 24 shall
not exceed the product of the strict discipline academy's per-pupil
allocation calculated under section 20 multiplied by the strict
discipline academy's full-time equated membership. The department
shall allocate funds to strict discipline academies under this
section on a monthly basis. For the purposes of this subsection:
(a) "Added cost" means 100% of the added cost each fiscal year
for educating all pupils enrolled and in regular daily attendance
at a strict discipline academy. Added cost shall be computed by
deducting all other revenue received under this article for pupils
described in this subsection from total costs, as approved by the
department, in whole or in part, for educating those pupils in a
strict discipline academy. The department shall include all costs
including, but not limited to, educational costs, insurance,
management fees, technology costs, legal fees, auditing fees,
interest, pupil accounting costs, and any other administrative
costs necessary to operate the program or to comply with statutory
requirements. Costs reimbursed by federal funds are not included.
(b) "Department's approved per-pupil allocation" for a strict
discipline academy shall be determined by dividing the total amount
allocated under this subsection for a fiscal year by the full-time
equated membership total for all pupils approved by the department
to be funded under this subsection for that fiscal year for the
strict discipline academy.
(4) Special education pupils funded under section 53a shall
not be funded under this section.
(5) If the funds allocated under this section are insufficient
to fully fund the adjustments under subsection (3), payments under
this section shall be prorated on an equal per-pupil basis.
(6) Payments to districts under this section shall be made
according to the payment schedule under section 17b.
Sec. 25g. (1) From the state school aid fund money
appropriated in section 11, there is allocated an amount not to
exceed
$750,000.00 for 2017-2018 2018-2019
for the purposes of this
section. If the operation of the special membership counting
provisions under section 6(4)(dd) and the other membership counting
provisions under section 6(4) result in a pupil being counted as
more than 1.0 FTE in a fiscal year, then the payment made for the
pupil under sections 22a and 22b shall not be based on more than
1.0 FTE for that pupil, and that portion of the FTE that exceeds
1.0 shall be paid under this section in an amount equal to that
portion multiplied by the educating district's foundation allowance
or per-pupil payment calculated under section 20.
(2) Special education pupils funded under section 53a shall
not be funded under this section.
(3) If the funds allocated under this section are insufficient
to fully fund the adjustments under subsection (1), payments under
this section shall be prorated on an equal per-pupil basis.
(4) Payments to districts under this section shall be made
according to the payment schedule under section 17b.
Sec. 26a. From the funds appropriated in section 11, there is
allocated
an amount not to exceed $17,000,000.00 each fiscal year
for
2016-2017 and $15,000,000.00 for 2017-2018 and there is
allocated an amount not to exceed $15,000,000.00 for 2018-2019 to
reimburse districts and intermediate districts pursuant to section
12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692,
for
taxes levied in 2016 and 2017 2017
and 2018, as applicable. The
allocations shall be made not later than 60 days after the
department of treasury certifies to the department and to the state
budget director that the department of treasury has received all
necessary information to properly determine the amounts due to each
eligible recipient.
Sec. 26b. (1) From the appropriation in section 11, there is
allocated
for 2017-2018 2018-2019 an amount not to exceed
$4,405,100.00 for payments to districts, intermediate districts,
and community college districts for the portion of the payment in
lieu of taxes obligation that is attributable to districts,
intermediate
districts, and community college districts pursuant to
under section 2154 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.2154.
(2) If the amount appropriated under this section is not
sufficient to fully pay obligations under this section, payments
shall be prorated on an equal basis among all eligible districts,
intermediate districts, and community college districts.
Sec. 26c. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $1,500,000.00 $1,600,000.00 for
2017-2018 and there is allocated an amount not to exceed
$3,000,000.00 for 2018-2019 to the promise zone fund created in
subsection (3). The funds allocated under this section reflect the
amount of revenue from the collection of the state education tax
captured under section 17(2) of the Michigan promise zone authority
act, 2008 PA 549, MCL 390.1677.
(2) Funds allocated to the promise zone fund under this
section shall be used solely for payments to eligible districts and
intermediate districts, in accordance with section 17(3) of the
Michigan promise zone authority act, 2008 PA 549, MCL 390.1677,
that have a promise zone development plan approved by the
department of treasury under section 7 of the Michigan promise zone
authority act, 2008 PA 549, MCL 390.1667. Eligible districts and
intermediate districts shall use payments made under this section
for reimbursement for qualified educational expenses as defined in
section 3 of the Michigan promise zone authority act, 2008 PA 549,
MCL 390.1663.
(3) The promise zone fund is created as a separate account
within the state school aid fund to be used solely for the purposes
of the Michigan promise zone authority act, 2008 PA 549, MCL
390.1661 to 390.1679. All of the following apply to the promise
zone fund:
(a) The state treasurer shall direct the investment of the
promise zone fund. The state treasurer shall credit to the promise
zone fund interest and earnings from fund investments.
(b) Money in the promise zone fund at the close of a fiscal
year shall remain in the promise zone fund and shall not lapse to
the general fund.
(4) Subject to subsection (2), the state treasurer may make
payments from the promise zone fund to eligible districts and
intermediate districts pursuant to the Michigan promise zone
authority act, 2008 PA 549, MCL 390.1661 to 390.1679, to be used
for the purposes of a promise zone authority created under that
act.
(5) Notwithstanding section 17b, payments under this section
shall be paid on a schedule determined by the department.
Sec. 31a. (1) From the state school aid fund money
appropriated
in section 11, there is allocated for 2017-2018 2018-
2019 an amount not to exceed $510,207,300.00 for payments to
eligible districts and eligible public school academies for the
purposes of ensuring that pupils are proficient in English language
arts by the end of grade 3, that pupils are proficient in
mathematics by the end of grade 8, that pupils are attending school
regularly, that high school graduates are career and college ready,
and for the purposes under subsections (7) and (8).
(2) For a district that has combined state and local revenue
per membership pupil under sections 20 and 20m that is greater than
the basic foundation allowance under section 20 for the current
fiscal year, the allocation under this section shall be an amount
equal to 30% of the allocation for which it would otherwise be
eligible under this section before any proration under subsection
(14).
(3) For a district or public school academy to be eligible to
receive funding under this section, other than funding under
subsection (7) or (8), the district or public school academy, for
grades K to 3, shall comply with the requirements under section
1280f of the revised school code, MCL 380.1280f, and use resources
to address early literacy, and for at least grades 4 to 8 or, if
the district or public school academy does not operate all of
grades 4 to 8, for all of the grades it operates, must implement a
multi-tiered system of supports that is an evidence-based model
that uses data-driven problem solving to integrate academic and
behavioral instruction and that uses intervention delivered to all
pupils in varying intensities based on pupil needs. This multi-
tiered system of supports must provide at least all of the
following essential elements:
(a) Implements effective instruction for all learners.
(b) Intervenes early.
(c) Provides a multi-tiered model of instruction and
intervention that provides the following:
(i) A core curriculum and classroom interventions available to
all pupils that meet the needs of most pupils.
(ii) Targeted group interventions.
(iii) Intense individual interventions.
(d) Monitors pupil progress to inform instruction.
(e) Uses data to make instructional decisions.
(f) Uses assessments including universal screening,
diagnostics, and progress monitoring.
(g) Engages families and the community.
(h) Implements evidence-based, scientifically validated,
instruction and intervention.
(i) Implements instruction and intervention practices with
fidelity.
(j) Uses a collaborative problem-solving model.
(4) Except as otherwise provided in this subsection, an
eligible district or eligible public school academy shall receive
under this section for each membership pupil in the district or
public school academy who is determined to be economically
disadvantaged, as reported to the center in the form and manner
prescribed by the center not later than the fifth Wednesday after
the pupil membership count day of the immediately preceding fiscal
year, an amount per pupil equal to 11.5% of the statewide weighted
average foundation allowance. However, a public school academy that
began operations as a public school academy after the pupil
membership count day of the immediately preceding school year shall
receive under this section for each membership pupil in the public
school academy, who is determined to be economically disadvantaged,
as reported to the center in the form and manner prescribed by the
center not later than the fifth Wednesday after the pupil
membership count day of the current fiscal year, an amount per
pupil equal to 11.5% of the statewide weighted average foundation
allowance.
(5) Except as otherwise provided in this section, a district
or public school academy receiving funding under this section shall
use that money only to provide instructional programs and direct
noninstructional services, including, but not limited to, medical,
mental health, or counseling services, for at-risk pupils; for
school health clinics; and for the purposes of subsection (6), (7),
or (8). In addition, a district that is a school district of the
first class or a district or public school academy in which at
least 50% of the pupils in membership were determined to be
economically disadvantaged in the immediately preceding state
fiscal year, as determined and reported as described in subsection
(4), may use not more than 20% of the funds it receives under this
section for school security. A district or public school academy
shall not use any of that money for administrative costs. The
instruction or direct noninstructional services provided under this
section may be conducted before or after regular school hours or by
adding extra school days to the school year. Funds spent on school
security under this subsection shall be counted toward required
spending under subsection (16)(b).
(6) A district or public school academy that receives funds
under this section and that operates a school breakfast program
under section 1272a of the revised school code, MCL 380.1272a,
shall use from the funds received under this section an amount, not
to exceed $10.00 per pupil for whom the district or public school
academy receives funds under this section, necessary to pay for
costs associated with the operation of the school breakfast
program.
(7) From the funds allocated under subsection (1), there is
allocated
for 2017-2018 2018-2019 an amount not to exceed
$6,057,300.00 to support primary health care services provided to
children and adolescents up to age 21. These funds shall be
expended in a form and manner determined jointly by the department
and the department of health and human services. If any funds
allocated under this subsection are not used for the purposes of
this subsection for the fiscal year in which they are allocated,
those unused funds shall be used that fiscal year to avoid or
minimize any proration that would otherwise be required under
subsection (14) for that fiscal year.
(8) From the funds allocated under subsection (1), there is
allocated
for 2017-2018 2018-2019 an amount not to exceed
$5,150,000.00 for the state portion of the hearing and vision
screenings as described in section 9301 of the public health code,
1978 PA 368, MCL 333.9301. A local public health department shall
pay at least 50% of the total cost of the screenings. The frequency
of the screenings shall be as required under R 325.13091 to R
325.13096 and R 325.3271 to R 325.3276 of the Michigan
Administrative Code. Funds shall be awarded in a form and manner
approved jointly by the department and the department of health and
human services. Notwithstanding section 17b, payments to eligible
entities under this subsection shall be paid on a schedule
determined by the department.
(9) Each district or public school academy receiving funds
under this section shall submit to the department by July 15 of
each fiscal year a report, in the form and manner prescribed by the
department, that includes a brief description of each program
conducted or services performed by the district or public school
academy using funds under this section, the amount of funds under
this section allocated to each of those programs or services, the
total number of at-risk pupils served by each of those programs or
services, and the data necessary for the department and the
department of health and human services to verify matching funds
for the temporary assistance for needy families program. In
prescribing the form and manner of the report, the department shall
ensure that districts are allowed to expend funds received under
this section on any activities that are permissible under this
section. If a district or public school academy does not comply
with this subsection, the department shall withhold an amount equal
to the August payment due under this section until the district or
public school academy complies with this subsection. If the
district or public school academy does not comply with this
subsection by the end of the state fiscal year, the withheld funds
shall be forfeited to the school aid fund.
(10) In order to receive funds under this section, a district
or public school academy shall allow access for the department or
the department's designee to audit all records related to the
program for which it receives those funds. The district or public
school academy shall reimburse the state for all disallowances
found in the audit.
(11) Subject to subsections (6), (7), and (8), a district or
public school academy may use up to 100% of the funds it receives
under this section to implement schoolwide reform in schools with
40% or more of their pupils identified as at-risk pupils by
providing instructional or noninstructional services consistent
with the school improvement plan.
(12) A district or public school academy that receives funds
under this section may use up to 3% of those funds to provide
research-based professional development to district and school
leadership and teachers that is aligned to professional learning
standards; is integrated into district, school building, and
classroom practices; and is solely related to the following:
(a) Implementing the multi-tiered system of supports required
in subsection (3) with fidelity and utilizing the data from that
system to inform curriculum and instruction.
(b) Implementing section 1280f of the revised school code, MCL
380.1280f, as required under subsection (3), with fidelity.
(13) A district or public school academy that receives funds
under this section may use funds received under this section to
support instructional or behavioral coaches. Funds used for this
purpose are not subject to the cap under subsection (12).
(14) If necessary, and before any proration required under
section 296, the department shall prorate payments under this
section by reducing the amount of the allocation as otherwise
calculated under this section by an equal percentage per district.
(15) If a district is dissolved pursuant to section 12 of the
revised school code, MCL 380.12, the intermediate district to which
the dissolved school district was constituent shall determine the
estimated number of pupils that are economically disadvantaged and
that are enrolled in each of the other districts within the
intermediate district and provide that estimate to the department
for the purposes of distributing funds under this section within 60
days after the school district is declared dissolved.
(16) Beginning in 2018-2019, if a district or public school
academy does not demonstrate to the satisfaction of the department
that at least 50% of at-risk pupils are proficient in English
language arts by the end of grade 3 as measured by the state
assessment for the immediately preceding school year and
demonstrate to the satisfaction of the department improvement over
each of the 3 immediately preceding school years in the percentage
of at-risk pupils that are career- and college-ready as determined
by proficiency on the English language arts, mathematics, and
science content area assessments on the grade 11 summative
assessment under section 1279g(2)(a) of the revised school code,
MCL 380.1279g, the district or public school academy shall ensure
all of the following:
(a) The district or public school academy shall determine the
proportion of total at-risk pupils that represents the number of
pupils in grade 3 that are not proficient in English language arts
by the end of grade 3, and the district or public school academy
shall expend that same proportion multiplied by 1/2 of its total
at-risk funds under this section on tutoring and other methods of
improving grade 3 English language arts proficiency.
(b) The district or public school academy shall determine the
proportion of total at-risk pupils that represent the number of
pupils in grade 11 that are not career- and college-ready as
measured by the student's score on the English language arts,
mathematics, and science content area assessments on the grade 11
summative assessment under section 1279g(2)(a) of the revised
school code, MCL 380.1279g, and the district or public school
academy shall expend that same proportion multiplied by 1/2 of its
total at-risk funds under this section on tutoring and other
activities to improve scores on the college entrance examination
portion of the Michigan merit examination.
(17) As used in subsection (16), "total at-risk pupils" means
the
sum of the number of pupils in grade 3 that are not proficient
in
English language arts by the end of third grade as measured on
the
state assessment at risk and the number of pupils in grade 11
that
are not career- and college-ready as measured by the student's
score
on the English language arts, mathematics, and science
content
area assessments on the grade 11 summative assessment under
section
1279g(2)(a) of the revised school code, MCL 380.1279g.at
risk.
(18) A district or public school academy that receives funds
under this section may use funds received under this section to
provide an anti-bullying or crisis intervention program.
(19) The department shall collaborate with the department of
health and human services to prioritize assigning Pathways to
Potential Success coaches to elementary schools that have a high
percentage of pupils in grades K to 3 who are not proficient in
English language arts, based upon state assessments for pupils in
those grades.
(20)
For the purpose of determining the number of economically
disadvantaged
pupils enrolled in a community district for 2017-
2018,
disadvantaged pupils who were enrolled in the education
achievement
system for 2016-2017 shall be considered to have been
enrolled
in the community district for 2016-2017.
(20) (21)
As used in this section:
(a) "At-risk pupil" means a pupil for whom the district has
documentation that the pupil meets any of the following criteria:
(i) The pupil is economically disadvantaged.
(ii) The pupil is an English language learner.
(iii) The pupil is chronically absent as defined by and
reported to the center.
(iv) The pupil is a victim of child abuse or neglect.
(v) The pupil is a pregnant teenager or teenage parent.
(vi) The pupil has a family history of school failure,
incarceration, or substance abuse.
(vii) The pupil is an immigrant who has immigrated within the
immediately preceding 3 years.
(viii) The pupil did not complete high school in 4 years and
is still continuing in school as identified in the Michigan cohort
graduation and dropout report.
(ix) For pupils for whom the results of the state summative
assessment have been received, is a pupil who did not achieve
proficiency on the English language arts, mathematics, science, or
social studies content area assessment.
(x) Is a pupil who is at risk of not meeting the district's or
public school academy's core academic curricular objectives in
English language arts or mathematics, as demonstrated on local
assessments.
(b) "Economically disadvantaged" means a pupil who has been
determined eligible for free or reduced-price meals as determined
under the Richard B. Russell national school lunch act, 42 USC 1751
to 1769j; who is in a household receiving supplemental nutrition
assistance program or temporary assistance for needy families
assistance; or who is homeless, migrant, or in foster care, as
reported to the center.
(c) "English language learner" means limited English
proficient pupils who speak a language other than English as their
primary language and have difficulty speaking, reading, writing, or
understanding English as reported to the center.
(d) "Statewide weighted average foundation allowance" means
the number that is calculated by adding together the result of each
district's or public school academy's foundation allowance or per
pupil payment calculated under section 20 multiplied by the number
of pupils in membership in that district or public school academy,
and then dividing that total by the statewide number of pupils in
membership. For the purposes of this calculation, a district's
foundation allowance shall not exceed the basic foundation
allowance under section 20 for the current state fiscal year.
Sec. 31d. (1) From the appropriations in section 11, there is
allocated
an amount not to exceed $22,495,100.00 $22,802,000.00 for
2017-2018 and there is allocated an amount not to exceed
$23,144,000.00 for 2018-2019 for the purpose of making payments to
districts and other eligible entities under this section.
(2) The amounts allocated from state sources under this
section shall be used to pay the amount necessary to reimburse
districts for 6.0127% of the necessary costs of the state mandated
portion of the school lunch programs provided by those districts.
The amount due to each district under this section shall be
computed by the department using the methods of calculation adopted
by the Michigan supreme court in the consolidated cases known as
Durant v State of
Michigan, Durant v State of Michigan, 456
Mich
175 (1997).
(3) The payments made under this section include all state
payments made to districts so that each district receives at least
6.0127% of the necessary costs of operating the state mandated
portion of the school lunch program in a fiscal year.
(4) The payments made under this section to districts and
other eligible entities that are not required under section 1272a
of the revised school code, MCL 380.1272a, to provide a school
lunch program shall be in an amount not to exceed $10.00 per
eligible pupil plus 5 cents for each free lunch and 2 cents for
each reduced price lunch provided, as determined by the department.
(5) From the federal funds appropriated in section 11, there
is
allocated for 2017-2018 2018-2019
all available federal funding,
estimated at $520,000,000.00 for the national school lunch program
and all available federal funding, estimated at $3,200,000.00 for
the emergency food assistance program.
(6) Notwithstanding section 17b, payments to eligible entities
other than districts under this section shall be paid on a schedule
determined by the department.
(7) In purchasing food for a school lunch program funded under
this section, preference shall be given to food that is grown or
produced by Michigan businesses if it is competitively priced and
of comparable quality.
Sec. 31f. (1) From the appropriations in section 11, there is
allocated
an amount not to exceed $4,500,000.00 each fiscal year
for
2016-2017 and for 2017-2018 for
2018-2019 for the purpose of
making payments to districts to reimburse for the cost of providing
breakfast.
(2) The funds allocated under this section for school
breakfast programs shall be made available to all eligible
applicant districts that meet all of the following criteria:
(a) The district participates in the federal school breakfast
program and meets all standards as prescribed by 7 CFR parts 220
and 245.
(b) Each breakfast eligible for payment meets the federal
standards described in subdivision (a).
(3) The payment for a district under this section is at a per
meal rate equal to the lesser of the district's actual cost or 100%
of the statewide average cost of a breakfast served, as determined
and approved by the department, less federal reimbursement,
participant payments, and other state reimbursement. The statewide
average cost shall be determined by the department using costs as
reported in a manner approved by the department for the preceding
school year.
(4) Notwithstanding section 17b, payments under this section
may be made pursuant to an agreement with the department.
(5) In purchasing food for a school breakfast program funded
under this section, preference shall be given to food that is grown
or produced by Michigan businesses if it is competitively priced
and of comparable quality.
Sec. 31j. (1) From the general fund money appropriated in
section
11, there is allocated an amount not to exceed $375,000.00
$700,000.00
for 2017-2018 2018-2019 for a pilot project to support
districts in the purchase of locally grown fruits and vegetables as
described in this section.
(2) The department shall provide funding to districts in
prosperity regions 2, 4, 6, 8, and 9 for the pilot project
described under this section. From the funding to districts in
subsection (1), funding retained by prosperity regions that
administer the project shall not exceed 10%, and funding retained
by the department for administration shall not exceed 6%. A
prosperity region may enter into a memorandum of understanding with
the department or another prosperity region, or both, to administer
the project. If the department administers the project for a
prosperity region, the department may retain up to 10% of that
prosperity region's funding for administration.
(3) The department shall develop and implement a competitive
grant program for districts within the identified prosperity
regions to assist in paying for the costs incurred by the district
to purchase or increase purchases of whole or minimally processed
fruits, vegetables, and legumes grown in this state. The maximum
amount that may be drawn down on a grant to a district shall be
based on the number of meals served by the school district during
the previous school year under the Richard B. Russell national
school lunch act, 42 USC 1751 to 1769j. The department shall
collaborate with the Michigan department of agriculture and rural
development to provide training to newly participating schools and
electronic information on Michigan agriculture.
(4) The goals of the pilot project include improving daily
nutrition and eating habits for children through the school
settings while investing in Michigan's agricultural and related
food business economy.
(5) A district that receives a grant under this section shall
use those funds for the costs incurred by the school district to
purchase whole or minimally processed fruits, vegetables, and
legumes that meet all of the following:
(a) Are purchased on or after the date the district received
notification from the department of the amount to be distributed to
the district under this subsection, including purchases made to
launch
meals in September 2017 2018
for the 2017-2018 2018-2019
school year.
(b) Are grown in this state and, if minimally processed, are
also processed in this state.
(c) Are used for meals that are served as part of the United
States Department of Agriculture's child nutrition programs.
(6) For Michigan-grown fruits, vegetables, and legumes that
satisfy the requirements of subsection (5), matching reimbursements
shall be made in an amount not to exceed 10 cents for every school
meal that is served as part of the United States Department of
Agriculture's child nutrition programs and that uses Michigan-grown
fruits, vegetables, and legumes.
(7) A district that receives a grant for reimbursement under
this section shall use the grant to purchase whole or minimally
processed fruits, vegetables, and legumes that are grown in this
state and, if minimally processed, are also processed in this
state.
(8) In awarding grants under this section, the department
shall work in conjunction with prosperity region offices, in
consultation with Michigan-based farm to school resource
organizations, to develop scoring criteria that assess an
applicant's ability to procure Michigan-grown products, prepare and
menu Michigan-grown products, promote and market Michigan-grown
products, and submit letters of intent from districts on plans for
educational activities that promote the goals of the program.
(9) The department shall give preference to districts that
propose educational activities that meet 1 or more of the
following: promote healthy food activities; have clear educational
objectives;
involve parents or the community; and connect to a
school's farm-to-school procurement activities; and market and
promote the program, leading to increased pupil knowledge and
consumption of Michigan—grown products. Applications with robust
marketing and promotional activities shall receive stronger
weighting and consideration.
(10) In awarding grants, the department shall also consider
all of the following: the percentage of children who qualify for
free or reduced price school meals under the Richard B. Russell
national school lunch act, 42 USC 1751 to 1769j; the variety of
school sizes and geographic locations within the identified
prosperity regions; and existing or future collaboration
opportunities between more than 1 district in a prosperity region.
(11) As a condition of receiving a grant under this section, a
district shall provide or direct its vendors to provide to
prosperity region offices copies of monthly receipts that show the
quantity of different Michigan-grown fruits, vegetables, and
legumes purchased, the amount of money spent on each of these
products,
and the name and Michigan location of the farm that grew
the products, and the methods or plans to market and promote the
program. The district shall also provide to the prosperity region
monthly lunch numbers and lunch participation rates, and calendars
or monthly menus noting when and how Michigan-grown products were
used in meals. The district and school food service director or
directors also shall agree to respond to brief online surveys and
to provide a report that shows the percentage relationship of
Michigan spending compared to total food spending. Not later than
March
1, 2018, 2019, each prosperity region office, either on its
own or in conjunction with another prosperity region, shall submit
a report to the department on expected outcomes and related
measurements for economic development and children's nutrition and
readiness to learn based on progress so far. The report shall
include at least all of the following:
(a) The extent to which farmers and related businesses,
including distributors and processors, see an increase in market
opportunities and income generation through sales of Michigan or
local products to districts. All of the following apply for
purposes of this subdivision:
(i) The data used to determine the amount of this increase
shall be the total dollar amount of Michigan or local fruits,
vegetables, and legumes purchased by schools, along with the number
of different types of products purchased; school food purchasing
trends identified along with products that are of new and growing
interest among food service directors; the number of businesses
impacted; and the percentage of total food budget spent on
Michigan-grown fruits, vegetables, and legumes.
(ii) The prosperity region office shall use purchasing data
collected for the project and surveys of school food service
directors on the impact and success of the project as the source
for the data described in subparagraph (i).
(b) The ability to which pupils can access a variety of
healthy Michigan-grown foods through schools and increase their
consumption of those foods. All of the following apply for purposes
of this subdivision:
(i) The data used to determine whether this subparagraph is
met shall be the number of pupils exposed to Michigan-grown fruits,
vegetables, and legumes at schools; the variety of products served;
new
items taste-tested or placed on menus; and the increase in
pupil willingness to try new local, healthy foods; and an
assessment of consumption and plate waste.
(ii) The prosperity region office shall use purchasing data
collected for the project, meal count and enrollment numbers,
school menu calendars, and surveys of school food service directors
as the source for the data described in subparagraph (i).
(12) The department shall compile the reports provided by
prosperity region offices under subsection (11) into 1 legislative
report. The department shall provide this report not later than
April
1, 2018 2019 to the house and senate subcommittees
responsible for school aid, the house and senate fiscal agencies,
and the state budget director.
Sec. 32d. (1) From the funds appropriated in section 11, there
is allocated to eligible intermediate districts and consortia of
intermediate districts for great start readiness programs an amount
not
to exceed $243,600,000.00 for 2017-2018. 2018-2019. Funds
allocated under this section for great start readiness programs
shall be used to provide part-day, school-day, or GSRP/Head Start
blended comprehensive free compensatory classroom programs designed
to improve the readiness and subsequent achievement of
educationally disadvantaged children who meet the participant
eligibility and prioritization guidelines as defined by the
department. For a child to be eligible to participate in a program
under this section, the child shall be at least 4, but less than 5,
years of age as of September 1 of the school year in which the
program is offered and shall meet those eligibility and
prioritization guidelines. A child who is not 4 years of age as of
September 1, but who will be 4 years of age not later than December
1, is eligible to participate if the child's parent or legal
guardian seeks a waiver from the September 1 eligibility date by
submitting a request for enrollment in a program to the responsible
intermediate district, if the program has capacity on or after
September 1 of the school year, and if the child meets eligibility
and prioritization guidelines.
(2) Funds allocated under subsection (1) shall be allocated to
intermediate districts or consortia of intermediate districts based
on the formula in section 39. An intermediate district or
consortium of intermediate districts receiving funding under this
section shall act as the fiduciary for the great start readiness
programs. In order to be eligible to receive funds allocated under
this subsection from an intermediate district or consortium of
intermediate districts, a district, a consortium of districts, or a
public or private for-profit or nonprofit legal entity or agency
shall comply with this section and section 39.
(3) In addition to the allocation under subsection (1), from
the general fund money appropriated under section 11, there is
allocated
an amount not to exceed $300,000.00 for 2017-2018 2018-
2019 for a competitive grant to continue a longitudinal evaluation
of children who have participated in great start readiness
programs.
(4) To be eligible for funding under this section, a program
shall prepare children for success in school through comprehensive
part-day, school-day, or GSRP/Head Start blended programs that
contain all of the following program components, as determined by
the department:
(a) Participation in a collaborative recruitment and
enrollment process to assure that each child is enrolled in the
program most appropriate to his or her needs and to maximize the
use of federal, state, and local funds.
(b) An age-appropriate educational curriculum that is in
compliance with the early childhood standards of quality for
prekindergarten children adopted by the state board, including, at
least, the Connect4Learning curriculum.
(c) Nutritional services for all program participants
supported by federal, state, and local resources as applicable.
(d) Physical and dental health and developmental screening
services for all program participants.
(e) Referral services for families of program participants to
community social service agencies, including mental health
services, as appropriate.
(f) Active and continuous involvement of the parents or
guardians of the program participants.
(g) A plan to conduct and report annual great start readiness
program evaluations and continuous improvement plans using criteria
approved by the department.
(h) Participation in a school readiness advisory committee
convened as a workgroup of the great start collaborative that
provides for the involvement of classroom teachers, parents or
guardians of program participants, and community, volunteer, and
social service agencies and organizations, as appropriate. The
advisory committee annually shall review and make recommendations
regarding the program components listed in this subsection. The
advisory committee also shall make recommendations to the great
start collaborative regarding other community services designed to
improve all children's school readiness.
(i) The ongoing articulation of the kindergarten and first
grade programs offered by the program provider.
(j) Participation in this state's great start to quality
process with a rating of at least 3 stars.
(5) An application for funding under this section shall
provide for the following, in a form and manner determined by the
department:
(a) Ensure compliance with all program components described in
subsection (4).
(b) Except as otherwise provided in this subdivision, ensure
that at least 90% of the children participating in an eligible
great start readiness program for whom the intermediate district is
receiving funds under this section are children who live with
families with a household income that is equal to or less than 250%
of the federal poverty level. If the intermediate district
determines that all eligible children are being served and that
there are no children on the waiting list who live with families
with a household income that is equal to or less than 250% of the
federal poverty level, the intermediate district may then enroll
children who live with families with a household income that is
equal to or less than 300% of the federal poverty level. The
enrollment process shall consider income and risk factors, such
that children determined with higher need are enrolled before
children with lesser need. For purposes of this subdivision, all
age-eligible children served in foster care or who are experiencing
homelessness or who have individualized education plans
recommending placement in an inclusive preschool setting shall be
considered to live with families with household income equal to or
less than 250% of the federal poverty level regardless of actual
family income and shall be prioritized for enrollment within the
lowest quintile.
(c) Ensure that the applicant only uses qualified personnel
for this program, as follows:
(i) Teachers possessing proper training. A lead teacher must
have a valid teaching certificate with an early childhood (ZA or
ZS) endorsement or a bachelor's or higher degree in child
development or early childhood education with specialization in
preschool teaching. However, if an applicant demonstrates to the
department that it is unable to fully comply with this subparagraph
after making reasonable efforts to comply, teachers who have
significant but incomplete training in early childhood education or
child development may be used if the applicant provides to the
department, and the department approves, a plan for each teacher to
come into compliance with the standards in this subparagraph. A
teacher's compliance plan must be completed within 2 years of the
date of employment. Progress toward completion of the compliance
plan shall consist of at least 2 courses per calendar year.
(ii) Paraprofessionals possessing proper training in early
childhood education, including an associate's degree in early
childhood education or child development or the equivalent, or a
child development associate (CDA) credential. However, if an
applicant demonstrates to the department that it is unable to fully
comply with this subparagraph after making reasonable efforts to
comply, the applicant may use paraprofessionals who have completed
at least 1 course that earns college credit in early childhood
education or child development if the applicant provides to the
department, and the department approves, a plan for each
paraprofessional to come into compliance with the standards in this
subparagraph. A paraprofessional's compliance plan must be
completed within 2 years of the date of employment. Progress toward
completion of the compliance plan shall consist of at least 2
courses or 60 clock hours of training per calendar year.
(d) Include a program budget that contains only those costs
that are not reimbursed or reimbursable by federal funding, that
are clearly and directly attributable to the great start readiness
program, and that would not be incurred if the program were not
being offered. Eligible costs include transportation costs. The
program budget shall indicate the extent to which these funds will
supplement other federal, state, local, or private funds. Funds
received under this section shall not be used to supplant any
federal funds received by the applicant to serve children eligible
for a federally funded preschool program that has the capacity to
serve those children.
(6) For a grant recipient that enrolls pupils in a school-day
program funded under this section, each child enrolled in the
school-day program shall be counted as described in section 39 for
purposes of determining the amount of the grant award.
(7) For a grant recipient that enrolls pupils in a GSRP/Head
Start blended program, the grant recipient shall ensure that all
Head Start and GSRP policies and regulations are applied to the
blended slots, with adherence to the highest standard from either
program, to the extent allowable under federal law.
(8) An intermediate district or consortium of intermediate
districts receiving a grant under this section shall designate an
early childhood coordinator, and may provide services directly or
may contract with 1 or more districts or public or private for-
profit or nonprofit providers that meet all requirements of
subsections (4) and (5).
(9) An intermediate district or consortium of intermediate
districts may retain for administrative services provided by the
intermediate district or consortium of intermediate districts an
amount not to exceed 4% of the grant amount. Expenses incurred by
subrecipients engaged by the intermediate district or consortium of
intermediate districts for directly running portions of the program
shall be considered program costs or a contracted program fee for
service.
(10) An intermediate district or consortium of intermediate
districts may expend not more than 2% of the total grant amount for
outreach, recruiting, and public awareness of the program.
(11) Each grant recipient shall enroll children identified
under subsection (5)(b) according to how far the child's household
income is below 250% of the federal poverty level by ranking each
applicant child's household income from lowest to highest and
dividing the applicant children into quintiles based on how far the
child's household income is below 250% of the federal poverty
level, and then enrolling children in the quintile with the lowest
household income before enrolling children in the quintile with the
next lowest household income until slots are completely filled. If
the grant recipient determines that all eligible children are being
served and that there are no children on the waiting list who live
with families with a household income that is equal to or less than
250% of the federal poverty level, the grant recipient may then
enroll children who live with families with a household income that
is equal to or less than 300% of the federal poverty level. The
enrollment process shall consider income and risk factors, such
that children determined with higher need are enrolled before
children with lesser need. For purposes of this subdivision, all
age-eligible children served in foster care or who are experiencing
homelessness or who have individualized education plans
recommending placement in an inclusive preschool setting shall be
considered to live with families with household income equal to or
less than 250% of the federal poverty level regardless of actual
family income and shall be prioritized for enrollment within the
lowest quintile.
(12) An intermediate district or consortium of intermediate
districts receiving a grant under this section shall allow parents
of eligible children who are residents of the intermediate district
or within the consortium to choose a program operated by or
contracted with another intermediate district or consortium of
intermediate districts and shall enter into a written agreement
regarding payment, in a manner prescribed by the department.
(13) An intermediate district or consortium of intermediate
districts receiving a grant under this section shall conduct a
local process to contract with interested and eligible public and
private for-profit and nonprofit community-based providers that
meet all requirements of subsection (4) for at least 30% of its
total allocation. For the purposes of this 30% allocation, an
intermediate district or consortium of intermediate districts may
count children served by a Head Start grantee or delegate in a
blended Head Start and great start readiness school-day program.
Children served in a program funded only through Head Start shall
not be counted toward this 30% allocation. The intermediate
district or consortium shall report to the department, in a manner
prescribed by the department, a detailed list of community-based
providers by provider type, including private for-profit, private
nonprofit, community college or university, Head Start grantee or
delegate, and district or intermediate district, and the number and
proportion of its total allocation allocated to each provider as
subrecipient. If the intermediate district or consortium is not
able to contract for at least 30% of its total allocation, the
grant recipient shall notify the department and, if the department
verifies that the intermediate district or consortium attempted to
contract for at least 30% of its total allocation and was not able
to do so, then the intermediate district or consortium may retain
and use all of its allocation as provided under this section. To be
able to use this exemption, the intermediate district or consortium
shall demonstrate to the department that the intermediate district
or consortium increased the percentage of its total allocation for
which it contracts with a community-based provider and the
intermediate district or consortium shall submit evidence
satisfactory to the department, and the department must be able to
verify this evidence, demonstrating that the intermediate district
or consortium took measures to contract for at least 30% of its
total allocation as required under this subsection, including, but
not limited to, at least all of the following measures:
(a) The intermediate district or consortium notified each
nonparticipating licensed child care center located in the service
area of the intermediate district or consortium regarding the
center's eligibility to participate, in a manner prescribed by the
department.
(b) The intermediate district or consortium provided to each
nonparticipating licensed child care center located in the service
area of the intermediate district or consortium information
regarding great start readiness program requirements and a
description of the application and selection process for community-
based providers.
(c) The intermediate district or consortium provided to the
public and to participating families a list of community-based
great start readiness program subrecipients with a great start to
quality rating of at least 3 stars.
(14) If an intermediate district or consortium of intermediate
districts receiving a grant under this section fails to submit
satisfactory evidence to demonstrate its effort to contract for at
least 30% of its total allocation, as required under subsection
(13), the department shall reduce the allocation to the
intermediate district or consortium by a percentage equal to the
difference between the percentage of an intermediate district's or
consortium's total allocation awarded to community-based providers
and 30% of its total allocation.
(15) In order to assist intermediate districts and consortia
in complying with the requirement to contract with community-based
providers for at least 30% of their total allocation, the
department shall do all of the following:
(a) Ensure that a great start resource center or the
department provides each intermediate district or consortium
receiving a grant under this section with the contact information
for each licensed child care center located in the service area of
the intermediate district or consortium by March 1 of each year.
(b) Provide, or ensure that an organization with which the
department contracts provides, a community-based provider with a
validated great start to quality rating within 90 days of the
provider's having submitted a request and self-assessment.
(c) Ensure that all intermediate district, district, community
college or university, Head Start grantee or delegate, private for-
profit, and private nonprofit providers are subject to a single
great start to quality rating system. The rating system shall
ensure that regulators process all prospective providers at the
same pace on a first-come, first-served basis and shall not allow 1
type of provider to receive a great start to quality rating ahead
of any other type of provider.
(d) Not later than December 1 of each year, compile the
results of the information reported by each intermediate district
or consortium under subsection (13) and report to the legislature a
list by intermediate district or consortium with the number and
percentage of each intermediate district's or consortium's total
allocation allocated to community-based providers by provider type,
including private for-profit, private nonprofit, community college
or university, Head Start grantee or delegate, and district or
intermediate district.
(16) A recipient of funds under this section shall report to
the
department center in a form and manner prescribed by the
department
center the number of children participating in the
program who meet the income eligibility criteria under subsection
(5)(b) and the total number of children participating in the
program. For children participating in the program who meet the
income eligibility criteria specified under subsection (5)(b), a
recipient shall also report whether or not a parent is available to
provide care based on employment status. For the purposes of this
subsection, "employment status" shall be defined by the department
of health and human services in a manner consistent with maximizing
the amount of spending that may be claimed for temporary assistance
for needy families maintenance of effort purposes.
(17) As used in this section:
(a) "GSRP/Head Start blended program" means a part-day program
funded under this section and a Head Start program, which are
combined for a school-day program.
(b) "Part-day program" means a program that operates at least
4 days per week, 30 weeks per year, for at least 3 hours of
teacher-child contact time per day but for fewer hours of teacher-
child contact time per day than a school-day program.
(c) "School-day program" means a program that operates for at
least the same length of day as a district's first grade program
for a minimum of 4 days per week, 30 weeks per year. A classroom
that offers a school-day program must enroll all children for the
school day to be considered a school-day program.
(18) An intermediate district or consortium of intermediate
districts receiving funds under this section shall establish and
charge tuition according to a sliding scale of tuition rates based
upon household income for children participating in an eligible
great start readiness program who live with families with a
household income that is more than 250% of the federal poverty
level to be used by all of its providers, as approved by the
department.
(19) From the amount appropriated in subsection (1), there is
allocated an amount not to exceed $10,000,000.00 for reimbursement
of transportation costs for children attending great start
readiness programs funded under this section. To receive
reimbursement under this subsection, not later than November 1,
2017,
2018, a program funded under this section that provides
transportation shall submit to the intermediate district that is
the fiscal agent for the program a projected transportation budget.
The amount of the reimbursement for transportation under this
subsection shall be no more than the projected transportation
budget or $300.00 multiplied by the number of children funded for
the program under this section. If the amount allocated under this
subsection is insufficient to fully reimburse the transportation
costs for all programs that provide transportation and submit the
required information, the reimbursement shall be prorated in an
equal amount per child funded. Payments shall be made to the
intermediate district that is the fiscal agent for each program,
and the intermediate district shall then reimburse the program
provider for transportation costs as prescribed under this
subsection.
(20) The department shall implement a process to review and
approve age-appropriate comprehensive classroom level quality
assessments for GSRP grantees that support the early childhood
standards of quality for prekindergarten children adopted by the
state
board. The department shall complete the approval process and
make
available to intermediate districts at least 2 approved
classroom
level quality assessments no later than April 1,
2018.that were approved in 2018.
(21) An intermediate district that is a GSRP grantee may
approve the use of a supplemental curriculum that aligns with and
enhances the age-appropriate educational curriculum in the
classroom. If the department objects to the use of a supplemental
curriculum approved by an intermediate district, the superintendent
of public instruction shall establish a review committee
independent of the department. The review committee shall meet
within 60 days of the department registering its objection in
writing and provide a final determination on the validity of the
objection within 60 days of the review committee's first meeting.
(22) A great start readiness program or a GSRP/Head Start
blended program funded under this section shall be permitted to
utilize AmeriCorps Pre-K Reading Corps members in classrooms
implementing research-based early literacy intervention strategies.
Sec. 32p. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $13,400,000.00 to intermediate
districts
for 2017-2018 2018-2019 for the purpose of providing
early childhood funding to intermediate school districts to support
the activities under subsection (2) and subsection (4), and to
provide early childhood programs for children from birth through
age 8. The funding provided to each intermediate district under
this section shall be determined by the distribution formula
established by the department's office of great start to provide
equitable funding statewide. In order to receive funding under this
section, each intermediate district shall provide an application to
the office of great start not later than September 15 of the
immediately preceding fiscal year indicating the activities planned
to be provided.
(2) Each intermediate district or consortium of intermediate
districts that receives funding under this section shall convene a
local great start collaborative and a parent coalition. The goal of
each great start collaborative and parent coalition shall be to
ensure the coordination and expansion of local early childhood
infrastructure and programs that allow every child in the community
to achieve the following outcomes:
(a) Children born healthy.
(b) Children healthy, thriving, and developmentally on track
from birth to third grade.
(c) Children developmentally ready to succeed in school at the
time of school entry.
(d) Children prepared to succeed in fourth grade and beyond by
reading proficiently by the end of third grade.
(3) Each local great start collaborative and parent coalition
shall convene workgroups to make recommendations about community
services designed to achieve the outcomes described in subsection
(2) and to ensure that its local great start system includes the
following supports for children from birth through age 8:
(a) Physical health.
(b) Social-emotional health.
(c) Family supports and basic needs.
(d) Parent education.
(e) Early education, including the child's development of
skills linked to success in foundational literacy, and care.
(4) From the funds allocated in subsection (1), at least
$2,500,000.00 shall be used for the purpose of providing home
visits to at-risk children and their families. The home visits
shall be conducted as part of a locally coordinated, family-
centered, evidence-based, data-driven home visit strategic plan
that is approved by the department. The goals of the home visits
funded under this subsection shall be to improve school readiness
using evidence-based methods, including a focus on developmentally
appropriate
outcomes for early literacy, to reduce the number of
pupils
retained in grade level, and to reduce the number of pupils
requiring
special education services. improve
positive parenting
practices, and to improve family economic self-sufficiency while
reducing the impact of high-risk factors through community
resources and referrals. The department shall coordinate the goals
of the home visit strategic plans approved under this subsection
with other state agency home visit programs in a way that
strengthens Michigan's home visiting infrastructure and maximizes
federal funds available for the purposes of at-risk family home
visits. The coordination among departments and agencies is intended
to avoid duplication of state services and spending, and should
emphasize efficient service delivery of home visiting programs.
(5) Not later than December 1 of each year, each intermediate
district shall provide a report to the department detailing the
activities actually provided during the immediately preceding
school year and the families and children actually served. At a
minimum, the report shall include an evaluation of the services
provided with additional funding under subsection (4) for home
visits, using the goals identified in subsection (4) as the basis
for the evaluation, including the degree to which school readiness
was improved, any change in the number of pupils retained at grade
level, and any change in the number of pupils receiving special
education services. The department shall compile and summarize
these reports and submit its summary to the house and senate
appropriations subcommittees on school aid and to the house and
senate fiscal agencies not later than February 15 of each year.
(6) An intermediate district or consortium of intermediate
districts that receives funding under this section may carry over
any unexpended funds received under this section into the next
fiscal year and may expend those unused funds through June 30 of
the next fiscal year. A recipient of a grant shall return any
unexpended grant funds to the department in the manner prescribed
by the department not later than September 30 of the next fiscal
year after the fiscal year in which the funds are received.
Sec. 32q. From the state school aid fund allocation under
section 11, there is allocated to an eligible intermediate district
an
amount equal to $175,000.00 in 2017-2018 for 2018-2019 for the
purpose of this section. An intermediate district receiving a grant
under this section shall partner with an early childhood
collaborative to conduct a pilot program as provided under this
section. It is the intent of the legislature that this is the
second
third of 3 years of funding, and that funding for the pilot
program
shall not continue in 2018-2019.
2019-2020. Funding
allocated to an intermediate district shall be used in partnership
with a collaborative to conduct a pilot program to evaluate the
relative impact on vulnerable children of 1 versus 2 years of
preschool education. All of the following apply to the pilot
program funded under this section:
(a) An eligible intermediate district is an intermediate
district that is located in a county with a population as of the
most recent federal decennial census that was greater than 500,000
but fewer than 800,000 and that has an early learning collaborative
located within its boundaries.
(b) The funds shall be used for research, family coaching
support, administration, information systems, and evaluation.
(c) In order to be eligible to receive the allocated funds,
the early learning collaborative, in partnership with the
intermediate district, shall provide the funding for all eligible
children included in the pilot program.
(d) The early learning collaborative, in partnership with the
intermediate district, shall develop a 3-year pilot program under
the supervision of the office of great start in the department.
(e) For a child to be eligible for participation in the pilot
program under this section, the child shall be 3 years of age as of
the date specified for determining a child's eligibility to attend
school under section 1147 of the revised school code, MCL 380.1147.
(f) A child participating in the pilot program shall meet the
participant eligibility and prioritization guidelines as defined by
the department.
(g) Notwithstanding section 17b, the department shall
distribute funds under this section not later than November 15 of
the fiscal year.
(h) The early learning collaborative, in partnership with the
intermediate district, shall provide annual progress evaluations to
the office of great start.
(i) By December 1, 2019, the early learning collaborative, in
partnership with the intermediate district, shall provide a pilot
program report and evaluation to the office of great start. The
office of great start shall review the pilot program report and
evaluation and, by February 15, 2020, provide a report to the
senate and house appropriations subcommittees on state school aid
and to the senate and house fiscal agencies of its evaluation of
the pilot program.
Sec. 35a. (1) From the appropriations in section 11, there is
allocated
for 2017-2018 2018-2019 for the purposes of this section
an amount not to exceed $26,900,000.00 from the state school aid
fund
and an amount not to exceed $2,500,000.00 $3,500,000.00 from
the general fund. The superintendent shall designate staff or
contracted employees funded under this section as critical
shortage. Programs funded under this section are intended to ensure
that this state will be in the top 10 most improved states in grade
4 reading proficiency by the 2019 National Assessment of
Educational Progress (NAEP) and will be in the top 10 states
overall in grade 4 reading proficiency by 2025.
(2) A district that receives funds under subsection (5) may
spend up to 5% of those funds for professional development for
educators in a department-approved research-based training program
related to current state literacy standards for pupils in grades K
to 3. The professional development shall also include training in
the use of screening and diagnostic tools, progress monitoring, and
intervention methods used to address barriers to learning and
delays in learning that are diagnosed through the use of these
tools.
(3) A district that receives funds under subsection (5) may
use up to 5% of those funds to administer department-approved
screening and diagnostic tools to monitor the development of early
literacy and early reading skills of pupils in grades K to 3 and to
support research-based professional development for educators in
administering screening and diagnostic tools and in data
interpretation of the results obtained through the use of those
tools for the purpose of implementing a multi-tiered system of
support to improve reading proficiency among pupils in grades K to
3. A department-approved screening and diagnostic tool administered
by a district using funding under this section must include all of
the following components: phonemic awareness, phonics, fluency, and
comprehension. Further, all of the following sub-skills must be
assessed within each of these components:
(a) Phonemic awareness - segmentation, blending, and sound
manipulation (deletion and substitution).
(b) Phonics - decoding (reading) and encoding (spelling).
(c) Fluency - reading rate, accuracy, and expression.
(d) Comprehension - making meaning of text.
(4) From the allocations under subsection (1), there is
allocated
an amount not to exceed $6,000,000.00 $7,000,000.00 for
2017-2018
2018-2019 for the purpose of providing early literacy
coaches at intermediate districts to assist teachers in developing
and implementing instructional strategies for pupils in grades K to
3 so that pupils are reading at grade level by the end of grade 3.
All of the following apply to funding under this subsection:
(a) The department shall develop an application process
consistent with the provisions of this subsection. An application
shall provide assurances that literacy coaches funded under this
subsection are knowledgeable about at least the following:
(i) Current state literacy standards for pupils in grades K to
3.
(ii) Implementing an instructional delivery model based on
frequent use of formative, screening, and diagnostic tools, known
as a multi-tiered system of support, to determine individual
progress for pupils in grades K to 3 so that pupils are reading at
grade level by the end of grade 3.
(iii) The use of data from diagnostic tools to determine the
necessary additional supports and interventions needed by
individual pupils in grades K to 3 in order to be reading at grade
level.
(b) From the allocation under this subsection, the department
shall award grants to intermediate districts for the support of
early literacy coaches. An intermediate district must provide
matching funds for at least 50% of the grant amount awarded to
support the cost of the literacy coach. The department shall
provide this funding in the following manner:
(i) Each intermediate district shall be awarded grant funding
to support the cost of 1 early literacy coach in an equal amount
per early literacy coach, not to exceed $75,000.00.
(ii) After distribution of the grant funding under
subparagraph (i), the department shall distribute the remainder of
grant funding for additional early literacy coaches in an amount
not to exceed $75,000.00 per early literacy coach. The number of
funded early literacy coaches for each intermediate district shall
be based on the percentage of the total statewide number of pupils
in grades K to 3 who meet the income eligibility standards for the
federal free and reduced-price lunch programs who are enrolled in
districts in the intermediate district. For each additional early
literacy coach funded under this subparagraph, the department shall
not make an award to an intermediate district under this
subparagraph in an amount that is less than the amount necessary to
pay 1/2 of the total cost of that additional early literacy coach.
(5) From the allocations under subsection (1), there is
allocated
an amount not to exceed $20,900,000.00 $19,900,000.00 for
2017-2018
2018-2019 to districts that provide additional
instructional time to those pupils in grades K to 3 who have been
identified by using department-approved screening and diagnostic
tools as needing additional supports and interventions in order to
be reading at grade level by the end of grade 3. Additional
instructional time may be provided before, during, and after
regular school hours or as part of a year-round balanced school
calendar. All of the following apply to funding under this
subsection:
(a) In order to be eligible to receive funding, a district
shall demonstrate to the satisfaction of the department that the
district has done all of the following:
(i) Implemented a multi-tiered system of support instructional
delivery model that is an evidence-based model that uses data-
driven problem solving to integrate academic and behavioral
instruction and that uses intervention delivered to all pupils in
varying intensities based on pupil needs. The multi-tiered system
of supports must provide at least all of the following essential
elements:
(A) Implements effective instruction for all learners.
(B) Intervenes early.
(C) Provides a multi-tiered model of instruction and
intervention that provides the following: a core curriculum and
classroom interventions available to all pupils that meet the needs
of most pupils; targeted group interventions; and intense
individual interventions.
(D) Monitors pupil progress to inform instruction.
(E) Uses data to make instructional decisions.
(F) Uses assessments including universal screening,
diagnostics, and progress monitoring.
(G) Engages families and the community.
(H) Implements evidence-based, scientifically validated,
instruction and intervention.
(I) Implements instruction and intervention practices with
fidelity.
(J) Uses a collaborative problem-solving model.
(ii) Used department-approved research-based diagnostic tools
to identify individual pupils in need of additional instructional
time.
(iii) Used a reading instruction method that focuses on the 5
fundamental building blocks of reading: phonics, phonemic
awareness, fluency, vocabulary, and comprehension and content
knowledge.
(iv) Provided teachers of pupils in grades K to 3 with
research-based professional development in diagnostic data
interpretation.
(v) Complied with the requirements under section 1280f of the
revised school code, MCL 380.1280f.
(b) Funding allocated under this subsection shall be
distributed
to eligible districts by multiplying the number of
full-time-equivalent
pupils in grade 1 in the district by
$210.00.on an equal per-first-grade-pupil basis.
(c) If the funds allocated under this subsection are
insufficient to fully fund the payments under this subsection,
payments under this subsection shall be prorated on an equal per-
pupil basis based on grade 1 pupils.
(6) From the general fund money allocated in subsection (1),
the
department shall allocate the amount of $2,500,000.00 for 2017-
2018
$3,000,000.00 for 2018-2019 to the Michigan Education Corps.
All of the following apply to funding under this subsection:
(a) By August 1 of the current fiscal year, the Michigan
Education Corps shall provide a report concerning its use of the
funding to the senate and house appropriations subcommittees on
state school aid, the senate and house fiscal agencies, and the
senate and house caucus policy offices on outcomes and performance
measures of the Michigan Education Corps, including, but not
limited to, the degree to which the Michigan Education Corps's
replication of the Michigan Reading Corps program is demonstrating
sufficient efficacy and impact. The report must include data
pertaining to at least all of the following:
(i) The current impact of the Michigan Reading Corps on this
state in terms of numbers of children and programs receiving
support. This portion of the report shall specify the number of
children tutored, including dosage and completion, and the
demographics of those children.
(ii) Whether the assessments and interventions are implemented
with fidelity. This portion of the report shall include details on
the total number of assessments and interventions completed and the
range, median, mean, and standard deviation for all assessments.
(iii) Whether the literacy improvement of children
participating in the Michigan Reading Corps is consistent with
expectations. This portion of the report shall detail at least all
of the following:
(A) Growth rate by grade level, in comparison to targeted
growth rate.
(B) Average linear growth rates.
(C) Exit rates.
(D) Percentage of children who exit who also meet or exceed
spring benchmarks.
(iv) The impact of the Michigan Reading Corps on organizations
and stakeholders, including, but not limited to, school
administrators, internal coaches, and AmeriCorps members.
(b) If the department determines that the Michigan Education
Corps has misused the funds allocated under this subsection, the
Michigan Education Corps shall reimburse this state for the amount
of state funding misused.
(c) The department may not reserve any portion of the
allocation provided under this subsection for an evaluation of the
Michigan Education Corps, the Michigan Education Corps' funding, or
the Michigan Education Corps' programming. The department shall
award the entire $2,500,000.00 allocated under this subsection to
the Michigan Education Corps and shall not condition the awarding
of this funding on the implementation of an independent evaluation.
(7) From the general fund money allocated under subsection
(1), there is allocated an amount not to exceed $550,000.00 for
2018-2019 for a grant to an eligible program that has a goal to
slow or prevent the K to 4 summer reading slide among all pupils
enrolled in grades K to 4, particularly those from economically
disadvantaged households. Funds allocated under this subsection are
grant funds and must be distributed by the department. A program is
eligible if it meets at least all of the following:
(a) The program's objective is to deliver a bilingual, in-
home, individualized summer reading program consisting of self-
selected, independent reading level books to K to 4 pupils each
week during the summer.
(b) Is evaluated quantitatively and qualitatively using pre-
and post-standardized test score comparison and parent and school
surveys specific to each district.
(c) Incorporates at least weekly interactive parental and
family engagement during the summer.
(d) Builds on pedagogical and literacy principles to scaffold
fluency to improve reading comprehension with pupil exercises.
(e) Provides at least 4, and up to 9, student-selected new
books to read and keep.
(f) Collects, analyzes, and reports detailed data on parental
engagement, books read, and spring-to-fall reading scores.
(g) Follows the department's top 10 in 10 goals and
strategies, with an emphasis on goals 4 and 5.
(h) Focuses on in-home program delivery through weekly
mailings.
(i) Provides summary data to the legislature and to the
department for all pupils served by the program after each summer.
Sec. 39. (1) An eligible applicant receiving funds under
section 32d shall submit an application, in a form and manner
prescribed by the department, by a date specified by the department
in the immediately preceding state fiscal year. The application
shall not require an eligible applicant to amend the applicant's
current accounting cycle or adopt this state's fiscal year
accounting cycle in accounting for financial transactions under
this section. The application shall include all of the following:
(a)
For 2017-2018 2018-2019 calculations, the estimated total
number of children in the community who meet the criteria of
section 32d, as provided to the applicant by the department
utilizing the most recent population data available from the
American
community survey Community
Survey conducted by the United
States Census Bureau. Beginning in 2018-2019, the department shall
ensure
that it provides updated American community survey Community
Survey population data at least once every 3 years.
(b) The estimated number of children in the community who meet
the criteria of section 32d and are being served exclusively by
Head Start programs operating in the community.
(c) The number of children whom the applicant has the capacity
to serve who meet the criteria of section 32d including a
verification of physical facility and staff resources capacity.
(2) After notification of funding allocations, an applicant
receiving funds under section 32d shall also submit an
implementation plan for approval, in a form and manner prescribed
by the department, by a date specified by the department, that
details how the applicant complies with the program components
established by the department pursuant to section 32d.
(3) The initial allocation to each eligible applicant under
section 32d shall be the lesser of the following:
(a) The sum of the number of children served in a school-day
program in the preceding school year multiplied by $7,250.00 and
the number of children served in a GSRP/Head Start blended program
or a part-day program in the preceding school year multiplied by
$3,625.00.
(b) The sum of the number of children the applicant has the
capacity
to serve in 2017-2018 2018-2019
in a school-day program
multiplied by $7,250.00 and the number of children served in a
GSRP/Head Start blended program or a part-day program the applicant
has
the capacity to serve in 2017-2018 2018-2019 multiplied by
$3,625.00.
(4) If funds remain after the allocations under subsection
(3), the department shall distribute the remaining funds to each
intermediate district or consortium of intermediate districts that
serves less than the state percentage benchmark determined under
subsection (5). These remaining funds shall be distributed to each
eligible applicant based upon each applicant's proportionate share
of the remaining unserved children necessary to meet the statewide
percentage benchmark in intermediate districts or consortia of
intermediate districts serving less than the statewide percentage
benchmark. When all applicants have been given the opportunity to
reach the statewide percentage benchmark, the statewide percentage
benchmark may be reset, as determined by the department, until
greater equity of opportunity to serve eligible children across all
intermediate school districts has been achieved.
(5)
For the purposes of subsection (4), for the 2017-2018
2018-2019 program year, the department shall calculate a percentage
of children served by each intermediate district or consortium of
intermediate districts by dividing the number of children served in
the immediately preceding year by that intermediate district or
consortium by the total number of children within the intermediate
district or consortium of intermediate districts who meet the
criteria of section 32d as determined by the department utilizing
the most recent population data available from the American
community
survey Community Survey conducted by the United States
Census Bureau. The department shall compare the resulting
percentage of eligible children served to a statewide percentage
benchmark to determine if the intermediate district or consortium
is
eligible for additional funds under subsection (4). For 2017-
2018,
2018-2019, the statewide percentage benchmark is 60%.
(6) If, taking into account the total amount to be allocated
to the applicant as calculated under this section, an applicant
determines that it is able to include additional eligible children
in the great start readiness program without additional funds under
section 32d, the applicant may include additional eligible children
but shall not receive additional funding under section 32d for
those children.
(7) The department shall review the program components under
section 32d and under this section at least biennially. The
department also shall convene a committee of internal and external
stakeholders at least once every 5 years to ensure that the funding
structure under this section reflects current system needs under
section 32d.
(8) As used in this section, "school-day program", "GSRP/Head
Start blended program", and "part-day program" mean those terms as
defined in section 32d.
Sec. 39a. (1) From the federal funds appropriated in section
11,
there is allocated each fiscal year for 2016-2017 and for 2017-
2018
for 2018-2019 to districts, intermediate districts, and other
eligible entities all available federal funding, estimated at
$744,039,900.00
for 2016-2017 and $731,600,000.00 for 2017-2018
$730,600,000.00 for the federal programs under the no child left
behind act of 2001, Public Law 107-110, or the every student
succeeds act, Public Law 114-95. These funds are allocated as
follows:
(a)
An amount estimated at $1,200,000.00 each fiscal year for
2018-2019 to provide students with drug- and violence-prevention
programs and to implement strategies to improve school safety,
funded from DED-OESE, drug-free schools and communities funds.
(b)
An amount estimated at $111,111,900.00 for 2016-2017 and
$100,000,000.00
for 2017-2018 2018-2019 for the purpose of
preparing, training, and recruiting high-quality teachers and class
size reduction, funded from DED-OESE, improving teacher quality
funds.
(c)
An amount estimated at $12,200,000.00 for 2016-2017 and
$11,000,000.00
for 2017-2018 2018-2019 for programs to teach
English to limited English proficient (LEP) children, funded from
DED-OESE, language acquisition state grant funds.
(d)
An amount estimated at $250,000.00 for 2016-2017 only for
the
Michigan charter school subgrant program, funded from DED-OESE,
charter
school funds.
(d) (e)
An amount estimated at $3,000,000.00
for 2016-2017 and
$2,800,000.00
for 2017-2018 2018-2019 for rural and low income
schools, funded from DED-OESE, rural and low income school funds.
(e) (f)
An amount estimated at
$535,000,000.00 each fiscal
year
for 2018-2019 to provide supplemental programs to enable
educationally disadvantaged children to meet challenging academic
standards, funded from DED-OESE, title I, disadvantaged children
funds.
(f) (g)
An amount estimated at $8,878,000.00
for 2016-2017 and
$9,200,000.00
for 2017-2018 2018-2019 for the purpose of
identifying and serving migrant children, funded from DED-OESE,
title I, migrant education funds.
(g) (h)
An amount estimated at
$39,000,000.00 each fiscal year
for 2018-2019 for the purpose of providing high-quality extended
learning opportunities, after school and during the summer, for
children in low-performing schools, funded from DED-OESE, twenty-
first century community learning center funds.
(h) (i)
An amount estimated at $18,000,000.00
each fiscal year
$12,000,000.00 for 2018-2019 to help support local school
improvement efforts, funded from DED-OESE, title I, local school
improvement grants.
(i) (j)
An amount estimated at
$15,400,000.00 each fiscal year
for 2018-2019 to improve the academic achievement of students,
funded from DED-OESE, title IV, student support and academic
enrichment grants.
(j) An amount estimated at $5,000,000.00 for 2018-2019 for the
remaining balance of the amount appropriated under the former
section 32r, for federal funding awarded to this state under
sections 14005, 14006, and 14013 of title XIV of the American
recovery and reinvestment act of 2009, Public Law 111-5, for the
race to the top early learning challenge grant.
(2) From the federal funds appropriated in section 11, there
is
allocated for 2016-2017 and for 2017-2018 2018-2019 to
districts, intermediate districts, and other eligible entities all
available
federal funding, estimated at $30,800,000.00 for 2016-
2017
and $30,000,000.00 for 2017-2018
2018-2019 for the following
programs that are funded by federal grants:
(a)
An amount estimated at $200,000.00 for 2016-2017 and
$100,000.00
for 2017-2018 2018-2019 for acquired immunodeficiency
syndrome education grants, funded from HHS – Centers for Disease
Control and Prevention, AIDS funding.
(b)
An amount estimated at $2,600,000.00 for 2016-2017 and
$1,900,000.00
for 2017-2018 2018-2019 to provide services to
homeless children and youth, funded from DED-OVAE, homeless
children and youth funds.
(c)
An amount estimated at $4,000,000.00 each fiscal year for
2018-2019 to provide mental health, substance abuse, or violence
prevention services to students, funded from HHS-SAMHSA.
(d)
An amount estimated at $24,000,000.00 each fiscal year for
2018-2019 for providing career and technical education services to
pupils, funded from DED-OVAE, basic grants to states.
(3) All federal funds allocated under this section shall be
distributed in accordance with federal law and with flexibility
provisions outlined in Public Law 107-116, and in the education
flexibility partnership act of 1999, Public Law 106-25.
Notwithstanding section 17b, payments of federal funds to
districts, intermediate districts, and other eligible entities
under this section shall be paid on a schedule determined by the
department.
(4) For the purposes of applying for federal grants
appropriated under this article, the department shall allow an
intermediate district to submit a consortium application on behalf
of 2 or more districts with the agreement of those districts as
appropriate according to federal rules and guidelines.
(5) For the purposes of funding federal title I grants under
this article, in addition to any other federal grants for which a
strict discipline academy is eligible, the department shall
allocate to strict discipline academies out of title I, part A
funds equal to what a strict discipline academy would have received
if included and calculated under title I, part D, or what it would
receive under the formula allocation under title I, part A,
whichever is greater.
(6) As used in this section:
(a) "DED" means the United States Department of Education.
(b) "DED-OESE" means the DED Office of Elementary and
Secondary Education.
(c) "DED-OVAE" means the DED Office of Vocational and Adult
Education.
(d) "HHS" means the United States Department of Health and
Human Services.
(e) "HHS-SAMHSA" means the HHS Substance Abuse and Mental
Health Services Administration.
Sec. 41. (1) For a district or public school academy to be
eligible to receive funding under this section, the district or
public school academy must administer to English language learners
the English language proficiency assessment known as the "WIDA
ACCESS for English language learners" or the "WIDA Alternate
ACCESS". From the appropriation in section 11, there is allocated
an
amount not to exceed $6,000,000.00 for 2017-2018 2018-2019 for
payments to eligible districts and eligible public school academies
for services for English language learners who have been
administered the WIDA ACCESS for English language learners.
(2) Funding allocated under this section shall be distributed
to eligible districts and eligible public school academies based on
the number of full-time equivalent English language learners as
follows:
(a) $620.00 per full-time equivalent English language learner
who has been assessed under the WIDA ACCESS for English language
learners or the WIDA Alternate ACCESS with a WIDA ACCESS or WIDA
Alternate ACCESS composite score between 1.0 and 1.9, or less, as
applicable to each assessment.
(b) $410.00 per full-time equivalent English language learner
who has been assessed under the WIDA ACCESS for English language
learners or the WIDA Alternate ACCESS with a WIDA ACCESS or WIDA
Alternate ACCESS composite score between 2.0 and 2.9, or less, as
applicable to each assessment.
(3) If funds allocated under this section are insufficient to
fully fund the payments as prescribed under subsection (2),
payments shall be prorated on an equal percentage basis, with the
same percentage proration applied to both funding categories.
(4) Each district or public school academy receiving funds
under this section shall submit to the department by July 15 of
each fiscal year a report, not to exceed 10 pages, on the usage by
the district or public school academy of funds under this section,
in a form and manner determined by the department, which shall
include a brief description of each program conducted or services
performed by the district or public school academy using funds
under this section and the amount of funds under this section
allocated to each of those programs or services. If a district or
public school academy does not comply with this section, the
department shall withhold an amount equal to the August payment due
under this section until the district or public school academy
complies with this subsection. If the district or public school
academy does not comply with this section by the end of the state
fiscal year, the withheld funds shall be forfeited to the school
aid fund.
(5) In order to receive funds under this section, a district
or public school academy shall allow access for the department or
the department's designee to audit all records related to the
program for which it receives those funds. The district or public
school academy shall reimburse this state for all disallowances
found in the audit.
(6) Beginning July 1, 2020, and every 3 years thereafter, the
department shall review the per-pupil distribution under subsection
(2), to ensure that funding levels are appropriate and make
recommendations for adjustments to the members of the senate and
house subcommittees on K-12 school aid appropriations.
Sec. 51a. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $941,946,100.00 for 2016-2017 and
there
is allocated an amount not to exceed $956,246,100.00
$959,446,100.00 for 2017-2018 and there is allocated an amount not
to exceed $979,346,100.00 for 2018-2019 from state sources and all
available federal funding under sections 611 to 619 of part B of
the individuals with disabilities education act, 20 USC 1411 to
1419,
estimated at $370,000,000.00 each fiscal year for 2016-2017
and
for 2017-2018 and for 2018-2019, plus any carryover federal
funds from previous year appropriations. In addition, from the
general fund appropriation in section 11, there is allocated to the
department an amount not to exceed $500,000.00 for each fiscal year
for 2017-2018 and for 2018-2019 for the purpose of subsection (16).
The allocations under this subsection are for the purpose of
reimbursing districts and intermediate districts for special
education programs, services, and special education personnel as
prescribed in article 3 of the revised school code, MCL 380.1701 to
380.1766;
380.1761; net tuition payments made by intermediate
districts to the Michigan Schools for the Deaf and Blind; and
special education programs and services for pupils who are eligible
for special education programs and services according to statute or
rule. For meeting the costs of special education programs and
services not reimbursed under this article, a district or
intermediate district may use money in general funds or special
education funds, not otherwise restricted, or contributions from
districts to intermediate districts, tuition payments, gifts and
contributions from individuals or other entities, or federal funds
that may be available for this purpose, as determined by the
intermediate district plan prepared pursuant to article 3 of the
revised
school code, MCL 380.1701 to 380.1766. 380.1761.
Notwithstanding section 17b, payments of federal funds to
districts, intermediate districts, and other eligible entities
under this section shall be paid on a schedule determined by the
department.
(2) From the funds allocated under subsection (1), there is
allocated
the amount necessary, and estimated at $260,700,000.00
for
2016-2017 and estimated at $264,200,000.00 $266,400,000.00 for
2017-2018 and estimated at $272,100,000.00 for 2018-2019, for
payments toward reimbursing districts and intermediate districts
for 28.6138% of total approved costs of special education,
excluding costs reimbursed under section 53a, and 70.4165% of total
approved costs of special education transportation. Allocations
under this subsection shall be made as follows:
(a) The initial amount allocated to a district under this
subsection toward fulfilling the specified percentages shall be
calculated by multiplying the district's special education pupil
membership, excluding pupils described in subsection (11), times
the foundation allowance under section 20 of the pupil's district
of residence plus the amount of the district's per-pupil allocation
under section 20m, not to exceed the basic foundation allowance
under section 20 for the current fiscal year, or, for a special
education pupil in membership in a district that is a public school
academy, times an amount equal to the amount per membership pupil
calculated under section 20(6). For an intermediate district, the
amount allocated under this subdivision toward fulfilling the
specified percentages shall be an amount per special education
membership pupil, excluding pupils described in subsection (11),
and shall be calculated in the same manner as for a district, using
the foundation allowance under section 20 of the pupil's district
of residence, not to exceed the basic foundation allowance under
section 20 for the current fiscal year, and that district's per-
pupil allocation under section 20m.
(b) After the allocations under subdivision (a), districts and
intermediate districts for which the payments calculated under
subdivision (a) do not fulfill the specified percentages shall be
paid the amount necessary to achieve the specified percentages for
the district or intermediate district.
(3) From the funds allocated under subsection (1), there is
allocated
each fiscal year for 2016-2017 and for 2017-2018 an
amount not to exceed $1,000,000.00 and there is allocated an amount
not to exceed $1,100,000.00 for 2018-2019 to make payments to
districts and intermediate districts under this subsection. If the
amount allocated to a district or intermediate district for a
fiscal year under subsection (2)(b) is less than the sum of the
amounts allocated to the district or intermediate district for
1996-97 under sections 52 and 58, there is allocated to the
district or intermediate district for the fiscal year an amount
equal to that difference, adjusted by applying the same proration
factor that was used in the distribution of funds under section 52
in 1996-97 as adjusted to the district's or intermediate district's
necessary costs of special education used in calculations for the
fiscal year. This adjustment is to reflect reductions in special
education program operations or services between 1996-97 and
subsequent fiscal years. Adjustments for reductions in special
education program operations or services shall be made in a manner
determined by the department and shall include adjustments for
program or service shifts.
(4) If the department determines that the sum of the amounts
allocated for a fiscal year to a district or intermediate district
under subsection (2)(a) and (b) is not sufficient to fulfill the
specified percentages in subsection (2), then the shortfall shall
be paid to the district or intermediate district during the fiscal
year beginning on the October 1 following the determination and
payments under subsection (3) shall be adjusted as necessary. If
the department determines that the sum of the amounts allocated for
a fiscal year to a district or intermediate district under
subsection (2)(a) and (b) exceeds the sum of the amount necessary
to fulfill the specified percentages in subsection (2), then the
department shall deduct the amount of the excess from the
district's or intermediate district's payments under this article
for the fiscal year beginning on the October 1 following the
determination and payments under subsection (3) shall be adjusted
as necessary. However, if the amount allocated under subsection
(2)(a) in itself exceeds the amount necessary to fulfill the
specified percentages in subsection (2), there shall be no
deduction under this subsection.
(5) State funds shall be allocated on a total approved cost
basis. Federal funds shall be allocated under applicable federal
requirements, except that an amount not to exceed $3,500,000.00 may
be
allocated by the department each fiscal year for 2016-2017 and
for
2017-2018 and for 2018-2019 to districts, intermediate
districts, or other eligible entities on a competitive grant basis
for programs, equipment, and services that the department
determines to be designed to benefit or improve special education
on a statewide scale.
(6) From the amount allocated in subsection (1), there is
allocated an amount not to exceed $2,200,000.00 each fiscal year
for
2016-2017 and for 2017-2018 and
for 2018-2019 to reimburse 100%
of the net increase in necessary costs incurred by a district or
intermediate district in implementing the revisions in the
administrative rules for special education that became effective on
July 1, 1987. As used in this subsection, "net increase in
necessary costs" means the necessary additional costs incurred
solely because of new or revised requirements in the administrative
rules minus cost savings permitted in implementing the revised
rules. Net increase in necessary costs shall be determined in a
manner specified by the department.
(7) For purposes of sections 51a to 58, all of the following
apply:
(a) "Total approved costs of special education" shall be
determined in a manner specified by the department and may include
indirect costs, but shall not exceed 115% of approved direct costs
for section 52 and section 53a programs. The total approved costs
include salary and other compensation for all approved special
education personnel for the program, including payments for social
security and Medicare and public school employee retirement system
contributions. The total approved costs do not include salaries or
other compensation paid to administrative personnel who are not
special education personnel as defined in section 6 of the revised
school code, MCL 380.6. Costs reimbursed by federal funds, other
than those federal funds included in the allocation made under this
article, are not included. Special education approved personnel not
utilized full time in the evaluation of students or in the delivery
of special education programs, ancillary, and other related
services shall be reimbursed under this section only for that
portion of time actually spent providing these programs and
services, with the exception of special education programs and
services provided to youth placed in child caring institutions or
juvenile detention programs approved by the department to provide
an on-grounds education program.
(b) Beginning with the 2004-2005 fiscal year, a district or
intermediate district that employed special education support
services staff to provide special education support services in
2003-2004 or in a subsequent fiscal year and that in a fiscal year
after 2003-2004 receives the same type of support services from
another district or intermediate district shall report the cost of
those support services for special education reimbursement purposes
under this article. This subdivision does not prohibit the transfer
of special education classroom teachers and special education
classroom aides if the pupils counted in membership associated with
those special education classroom teachers and special education
classroom aides are transferred and counted in membership in the
other district or intermediate district in conjunction with the
transfer of those teachers and aides.
(c) If the department determines before bookclosing for a
fiscal year that the amounts allocated for that fiscal year under
subsections (2), (3), (6), and (11) and sections 53a, 54, and 56
will exceed expenditures for that fiscal year under subsections
(2), (3), (6), and (11) and sections 53a, 54, and 56, then for a
district or intermediate district whose reimbursement for that
fiscal year would otherwise be affected by subdivision (b),
subdivision (b) does not apply to the calculation of the
reimbursement for that district or intermediate district and
reimbursement for that district or intermediate district shall be
calculated in the same manner as it was for 2003-2004. If the
amount of the excess allocations under subsections (2), (3), (6),
and (11) and sections 53a, 54, and 56 is not sufficient to fully
fund the calculation of reimbursement to those districts and
intermediate districts under this subdivision, then the
calculations and resulting reimbursement under this subdivision
shall be prorated on an equal percentage basis. Beginning in 2015-
2016, the amount of reimbursement under this subdivision for a
fiscal year shall not exceed $2,000,000.00 for any district or
intermediate district.
(d) Reimbursement for ancillary and other related services, as
defined by R 340.1701c of the Michigan Administrative Code, shall
not be provided when those services are covered by and available
through private group health insurance carriers or federal
reimbursed program sources unless the department and district or
intermediate district agree otherwise and that agreement is
approved by the state budget director. Expenses, other than the
incidental expense of filing, shall not be borne by the parent. In
addition, the filing of claims shall not delay the education of a
pupil. A district or intermediate district shall be responsible for
payment of a deductible amount and for an advance payment required
until the time a claim is paid.
(e) Beginning with calculations for 2004-2005, if an
intermediate district purchases a special education pupil
transportation service from a constituent district that was
previously purchased from a private entity; if the purchase from
the constituent district is at a lower cost, adjusted for changes
in fuel costs; and if the cost shift from the intermediate district
to the constituent does not result in any net change in the revenue
the constituent district receives from payments under sections 22b
and 51c, then upon application by the intermediate district, the
department shall direct the intermediate district to continue to
report the cost associated with the specific identified special
education pupil transportation service and shall adjust the costs
reported by the constituent district to remove the cost associated
with that specific service.
(8) A pupil who is enrolled in a full-time special education
program conducted or administered by an intermediate district or a
pupil who is enrolled in the Michigan schools for the deaf and
blind shall not be included in the membership count of a district,
but shall be counted in membership in the intermediate district of
residence.
(9) Special education personnel transferred from 1 district to
another to implement the revised school code shall be entitled to
the rights, benefits, and tenure to which the person would
otherwise be entitled had that person been employed by the
receiving district originally.
(10) If a district or intermediate district uses money
received under this section for a purpose other than the purpose or
purposes for which the money is allocated, the department may
require the district or intermediate district to refund the amount
of money received. Money that is refunded shall be deposited in the
state treasury to the credit of the state school aid fund.
(11) From the funds allocated in subsection (1), there is
allocated
the amount necessary, estimated at $3,500,000.00 for
2016-2017,
and estimated at $3,600,000.00 $3,300,000.00 for 2017-
2018, and estimated at $3,400,000.00 for 2018-2019, to pay the
foundation allowances for pupils described in this subsection. The
allocation to a district under this subsection shall be calculated
by multiplying the number of pupils described in this subsection
who are counted in membership in the district times the sum of the
foundation allowance under section 20 of the pupil's district of
residence plus the amount of the district's per-pupil allocation
under section 20m, not to exceed the basic foundation allowance
under section 20 for the current fiscal year, or, for a pupil
described in this subsection who is counted in membership in a
district that is a public school academy, times an amount equal to
the amount per membership pupil under section 20(6) or, for a pupil
described in this subsection who is counted in membership in the
education achievement system, times an amount equal to the amount
per membership pupil under section 20(7). The allocation to an
intermediate district under this subsection shall be calculated in
the same manner as for a district, using the foundation allowance
under section 20 of the pupil's district of residence, not to
exceed the basic foundation allowance under section 20 for the
current fiscal year, and that district's per-pupil allocation under
section 20m. This subsection applies to all of the following
pupils:
(a) Pupils described in section 53a.
(b) Pupils counted in membership in an intermediate district
who are not special education pupils and are served by the
intermediate district in a juvenile detention or child caring
facility.
(c) Pupils with an emotional impairment counted in membership
by an intermediate district and provided educational services by
the department of health and human services.
(12) If it is determined that funds allocated under subsection
(2) or (11) or under section 51c will not be expended, funds up to
the amount necessary and available may be used to supplement the
allocations under subsection (2) or (11) or under section 51c in
order to fully fund those allocations. After payments under
subsections (2) and (11) and section 51c, the remaining
expenditures from the allocation in subsection (1) shall be made in
the following order:
(a) 100% of the reimbursement required under section 53a.
(b) 100% of the reimbursement required under subsection (6).
(c) 100% of the payment required under section 54.
(d) 100% of the payment required under subsection (3).
(e) 100% of the payments under section 56.
(13) The allocations under subsections (2), (3), and (11)
shall be allocations to intermediate districts only and shall not
be allocations to districts, but instead shall be calculations used
only to determine the state payments under section 22b.
(14) If a public school academy that is not a cyber school, as
defined in section 551 of the revised school code, MCL 380.551,
enrolls under this section a pupil who resides outside of the
intermediate district in which the public school academy is located
and who is eligible for special education programs and services
according to statute or rule, or who is a child with disabilities,
as defined under the individuals with disabilities education act,
Public Law 108-446, the intermediate district in which the public
school academy is located and the public school academy shall enter
into a written agreement with the intermediate district in which
the pupil resides for the purpose of providing the pupil with a
free appropriate public education, and the written agreement shall
include at least an agreement on the responsibility for the payment
of the added costs of special education programs and services for
the pupil. If the public school academy that enrolls the pupil does
not enter into an agreement under this subsection, the public
school academy shall not charge the pupil's resident intermediate
district or the intermediate district in which the public school
academy is located the added costs of special education programs
and services for the pupil, and the public school academy is not
eligible for any payouts based on the funding formula outlined in
the resident or nonresident intermediate district's plan. If a
pupil is not enrolled in a public school academy under this
subsection, the provision of special education programs and
services and the payment of the added costs of special education
programs and services for a pupil described in this subsection are
the responsibility of the district and intermediate district in
which the pupil resides.
(15) For the purpose of receiving its federal allocation under
part B of the individuals with disabilities education act, Public
Law 108-446, a public school academy that is a cyber school, as
defined in section 551 of the revised school code, MCL 380.551, and
is in compliance with section 553a of the revised school code, MCL
380.553a, shall directly receive the federal allocation under part
B of the individuals with disabilities education act, Public Law
108-446, from the intermediate district in which the cyber school
is located, as the subrecipient. If the intermediate district does
not distribute the funds described in this subsection to the cyber
school by the part B application due date of July 1, the department
may distribute the funds described in this subsection directly to
the cyber school according to the formula prescribed in 34 CFR
300.705 and 34 CFR 300.816.
(16) For a public school academy that is a cyber school, as
defined in section 551 of the revised school code, MCL 380.551, and
is in compliance with section 553a of the revised school code, MCL
380.553a, that enrolls a pupil under this section, the intermediate
district in which the cyber school is located shall ensure that the
cyber school complies with sections 1701a, 1703, 1704, 1751, 1752,
1756, and 1757 of the revised school code, MCL 380.1701a, 380.1703,
380.1704, 380.1751, 380.1752, 380.1756, and 380.1757; applicable
rules; and the individuals with disabilities education act, Public
Law 108-446. From the general fund appropriation under subsection
(1), the department shall provide appropriate administrative
funding to the intermediate district in which that cyber school is
located for the purpose of ensuring that compliance.
(17) For the purposes of this section, the department or the
center shall only require a district or intermediate district to
report information that is not already available from the financial
information database maintained by the center.
Sec. 51c. As required by the court in the consolidated cases
known
as Durant v State of Michigan, Durant v State of
Michigan,
456 Mich 175 (1997), from the allocation under section 51a(1),
there
is allocated each fiscal year for 2016-2017 and for 2017-2018
and for 2018-2019 the amount necessary, estimated at
$624,600,000.00
for 2016-2017 and $635,300,000.00 $636,600,000.00
for 2017-2018 and $650,600,000.00 for 2018-2019, for payments to
reimburse districts for 28.6138% of total approved costs of special
education excluding costs reimbursed under section 53a, and
70.4165% of total approved costs of special education
transportation. Funds allocated under this section that are not
expended in the state fiscal year for which they were allocated, as
determined by the department, may be used to supplement the
allocations under sections 22a and 22b in order to fully fund those
calculated allocations for the same fiscal year.
Sec. 51d. (1) From the federal funds appropriated in section
11,
there is allocated each fiscal year for 2016-2017 and for 2017-
2018,
for 2018-2019 all available federal funding, estimated at
$61,000,000.00, each
fiscal year, for special education programs
and services that are funded by federal grants. All federal funds
allocated under this section shall be distributed in accordance
with federal law. Notwithstanding section 17b, payments of federal
funds to districts, intermediate districts, and other eligible
entities under this section shall be paid on a schedule determined
by the department.
(2) From the federal funds allocated under subsection (1), the
following
amounts are allocated each fiscal year for 2016-2017 and
for
2017-2018:for 2018-2019:
(a)
An amount estimated at $14,000,000.00 each fiscal year for
handicapped infants and toddlers, funded from DED-OSERS,
handicapped infants and toddlers funds.
(b)
An amount estimated at $12,000,000.00 each fiscal year for
preschool grants (Public Law 94-142), funded from DED-OSERS,
handicapped preschool incentive funds.
(c)
An amount estimated at $35,000,000.00 each fiscal year for
special education programs funded by DED-OSERS, handicapped
program, individuals with disabilities act funds.
(3) As used in this section, "DED-OSERS" means the United
States Department of Education Office of Special Education and
Rehabilitative Services.
Sec. 53a. (1) For districts, reimbursement for pupils
described in subsection (2) shall be 100% of the total approved
costs of operating special education programs and services approved
by the department and included in the intermediate district plan
adopted pursuant to article 3 of the revised school code, MCL
380.1701
to 380.1766, 380.1761, minus the district's foundation
allowance calculated under section 20 and minus the district's per-
pupil allocation under section 20m. For intermediate districts,
reimbursement for pupils described in subsection (2) shall be
calculated in the same manner as for a district, using the
foundation allowance under section 20 of the pupil's district of
residence, not to exceed the basic foundation allowance under
section 20 for the current fiscal year, and that district's per-
pupil allocation under section 20m.
(2) Reimbursement under subsection (1) is for the following
special education pupils:
(a) Pupils assigned to a district or intermediate district
through the community placement program of the courts or a state
agency, if the pupil was a resident of another intermediate
district at the time the pupil came under the jurisdiction of the
court or a state agency.
(b) Pupils who are residents of institutions operated by the
department of health and human services.
(c) Pupils who are former residents of department of community
health institutions for the developmentally disabled who are placed
in community settings other than the pupil's home.
(d) Pupils enrolled in a department-approved on-grounds
educational program longer than 180 days, but not longer than 233
days, at a residential child care institution, if the child care
institution offered in 1991-92 an on-grounds educational program
longer than 180 days but not longer than 233 days.
(e) Pupils placed in a district by a parent for the purpose of
seeking a suitable home, if the parent does not reside in the same
intermediate district as the district in which the pupil is placed.
(3) Only those costs that are clearly and directly
attributable to educational programs for pupils described in
subsection (2), and that would not have been incurred if the pupils
were not being educated in a district or intermediate district, are
reimbursable under this section.
(4) The costs of transportation shall be funded under this
section and shall not be reimbursed under section 58.
(5)
Not more than $10,500,000.00 of the allocation for 2017-
2018
2018-2019 in section 51a(1) shall be allocated under this
section.
Sec. 54. Each intermediate district shall receive an amount
per-pupil for each pupil in attendance at the Michigan schools for
the deaf and blind. The amount shall be proportionate to the total
instructional cost at each school. Not more than $1,688,000.00 of
the
allocation for 2017-2018 2018-2019
in section 51a(1) shall be
allocated under this section.
Sec. 54b. (1) From the general fund appropriation in section
11, there is allocated an amount not to exceed $1,600,000.00 for
2017-2018
2018-2019 to continue the implementation of the
recommendations of the special education reform task force
published in January 2016.
(2)
Except as provided in subsection (3), the The department
shall use funds allocated under this section for the purpose of
piloting statewide implementation of the Michigan Integrated
Behavior and Learning Support Initiative (MiBLSI), a nationally
recognized program that includes positive behavioral intervention
and supports and provides a statewide structure to support local
initiatives for an integrated behavior and reading program. With
the assistance of the intermediate districts involved in MiBLSI,
the department shall identify a number of intermediate districts to
participate in the pilot that is sufficient to ensure that MiBLSI
can be implemented statewide with fidelity and sustainability. In
addition, the department shall identify an intermediate district to
act as a fiscal agent for these funds.
(3)
In addition to the purpose under subsection (2), the
department
shall use funds allocated under this section for the
purpose
of providing training to intermediate districts and
districts
related to the safe implementation of emergency
restraints
and seclusion. The department shall develop and
implement
a training program that is based on the state board's
adopted
standards and on any other legislation enacted by the
legislature
regarding the emergency use of seclusion and restraint.
Sec. 54c. (1) From the general fund appropriation in section
11, there is allocated an amount not to exceed $500,000.00 for
2018-2019 to continue the implementation of the recommendations of
the special education reform task force published in January 2016,
to increase access to services and resources for pupils in special
education and their parents or guardians, and to strengthen
mediation services available to pupils in special education and
their parents or guardians.
(2) From the amount allocated in subsection (1), there is
allocated an amount not to exceed $205,000.00 for the purpose of
enhancing the capacity of Michigan's parent training information
center to increase direct advocacy efforts, work involving
transition issues, and awareness of the organization.
(3) From the amount allocated in subsection (1), there is
allocated an amount not to exceed $295,000.00 for the purpose of
improving mediation services offered through the Michigan special
education mediation program by increasing awareness of mediation,
reframing the purpose of mediation, strengthening mediator
knowledge about special education, and making mediation more
accessible.
Sec. 54d. (1) From the appropriations in section 11, there is
allocated an amount not to exceed $5,000,000.00 for 2018-2019 to
intermediate districts for the purpose of providing state early on
services pilot programs for children from birth to 3 years of age
with a developmental delay or a disability, or both, and their
families, as described in the early on Michigan state plan, as
approved by the department.
(2) To be eligible to receive grant funding under this
section, each intermediate district shall apply in a form and
manner determined by the department.
(3) The grant funding allocated under this section shall be
used to increase early on services and resources available to
children that demonstrate developmental delays to help prepare them
for success as they enter school. State early on services include
evaluating and providing early intervention services for eligible
infants and toddlers and their families to address developmental
delays, including those affecting physical, cognitive,
communication, adaptive, social, or emotional development. Grant
funds must not be used to supplant existing services that are
currently being provided.
(4) The funds allocated under subsection (1) shall be
distributed to intermediate districts according to the department's
early on funding formula utilized to distribute the federal award
to Michigan under part C of the individuals with disabilities
education act. Funds received under this section must not supplant
existing funds or resources allocated for early on early
intervention services. An intermediate district receiving funds
under this section shall maximize the capture of Medicaid funds to
support early on early intervention services to the extent
possible.
(5) Each intermediate district that receives funds under this
section shall report data and other information to the department
in a form, manner, and frequency prescribed by the department to
allow for monitoring and evaluation of the pilot projects and to
ensure that the children described in subsection (1) received
appropriate levels and types of services delivered by qualified
personnel, based on the individual needs of the children and their
families.
Sec. 55. (1) From the money appropriated in section 11, there
is
allocated an amount not to exceed $150,000.00 for 2017-2018 to
Michigan
State University, Department of Epidemiology, for a study
of
$250,000.00 for 2018-2019 to the Conductive Learning Center
located
at Aquinas College. This funding shall must be used to
develop
and implement an evaluation of the effectiveness of
conductive
education for children with cerebral palsy. The
evaluation
shall be multidimensional and shall include a control
group
of children with cerebral palsy not enrolled in conductive
education.
It should include an assessment of the motor system
itself
as well as the impact of conductive education on each of the
following:
(a)
The acquisition of skills permitting complex motor
functions.
(b)
The performance of tasks essential to daily living.
(c)
The attitudes and feelings of both children and parents.
(d)
The long-term need for special education for children with
cerebral
palsy.
(2)
This funding is for the third of 3 years of funding for
this
purpose.support the
operational costs of the conductive
education model taught at the Conductive Learning Center to
maximize the independence and mobility of children and adults with
neuromotor disabilities. The conductive education model funded
under this section must be based on the concept of neuroplasticity
and the ability of people to learn and improve when they are
motivated, regardless of the severity of their disability.
(2) Notwithstanding section 17b, the department shall
distribute the funding allocated under this section to the
Conductive Learning Center not later than December 1, 2018.
Sec. 56. (1) For the purposes of this section:
(a) "Membership" means for a particular fiscal year the total
membership for the immediately preceding fiscal year of the
intermediate district and the districts constituent to the
intermediate district.
(b) "Millage levied" means the millage levied for special
education pursuant to part 30 of the revised school code, MCL
380.1711
to 380.1743, 380.1741, including a levy for debt service
obligations.
(c) "Taxable value" means the total taxable value of the
districts constituent to an intermediate district, except that if a
district has elected not to come under part 30 of the revised
school
code, MCL 380.1711 to 380.1743, 380.1741,
membership and
taxable value of the district shall not be included in the
membership and taxable value of the intermediate district.
(2) From the allocation under section 51a(1), there is
allocated
an amount not to exceed $37,758,100.00 each fiscal year
for
2016-2017 and for 2017-2018 and
an amount not to exceed
$42,258,100.00 for 2018-2019 to reimburse intermediate districts
levying millages for special education pursuant to part 30 of the
revised
school code, MCL 380.1711 to 380.1743. 380.1741. The
purpose, use, and expenditure of the reimbursement shall be limited
as if the funds were generated by these millages and governed by
the intermediate district plan adopted pursuant to article 3 of the
revised
school code, MCL 380.1701 to 380.1766. 380.1761. As a
condition of receiving funds under this section, an intermediate
district distributing any portion of special education millage
funds to its constituent districts shall submit for departmental
approval and implement a distribution plan.
(3)
Reimbursement for those millages levied in 2015-2016 shall
be
made in 2016-2017 at an amount per 2015-2016 membership pupil
computed
by subtracting from $180,900.00 the 2015-2016 taxable
value
behind each membership pupil and multiplying the resulting
difference
by the 2015-2016 millage levied.
(3) (4)
Reimbursement for those millages
levied in 2016-2017
shall be made in 2017-2018 at an amount per 2016-2017 membership
pupil
computed by subtracting from $183,200.00 $183,900.00 the
2016-2017 taxable value behind each membership pupil and
multiplying the resulting difference by the 2016-2017 millage
levied, and then subtracting from that amount the 2016-2017 local
community stabilization share revenue for special education
purposes behind each membership pupil for reimbursement of personal
property exemption loss under the local community stabilization
authority act, 2014 PA 86, MCL 123.1341 to 123.1362.
(4) Except as otherwise provided in this subsection,
reimbursement for those millages levied in 2017-2018 shall be made
in 2018-2019 at an amount per 2017-2018 membership pupil computed
by subtracting from $196,000.00 the 2017-2018 taxable value behind
each membership pupil and multiplying the resulting difference by
the 2017-2018 millage levied, and then subtracting from that amount
the 2017-2018 local community stabilization share revenue for
special education purposes behind each membership pupil for
reimbursement of personal property exemption loss under the local
community stabilization authority act, 2014 PA 86, MCL 123.1341 to
123.1362. Reimbursement in 2018-2019 for an intermediate district
whose 2017-2018 allocation was affected by the operation of
subsection (5) shall be an amount equal to 102.5% of the 2017-2018
allocation to that intermediate district.
(5) The amount paid to a single intermediate district under
this section shall not exceed 62.9% of the total amount allocated
under subsection (2).
(6) The amount paid to a single intermediate district under
this section shall not be less than 75% of the amount allocated to
the intermediate district under this section for the immediately
preceding fiscal year.
Sec. 61a. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $36,611,300.00 for 2017-2018
2018-2019 to reimburse on an added cost basis districts, except for
a district that served as the fiscal agent for a vocational
education consortium in the 1993-94 school year and that has a
foundation allowance as calculated under section 20 greater than
the minimum foundation allowance under that section, and secondary
area vocational-technical education centers for secondary-level
career and technical education programs according to rules approved
by the superintendent. Applications for participation in the
programs shall be submitted in the form prescribed by the
department. The department shall determine the added cost for each
career and technical education program area. The allocation of
added cost funds shall be prioritized based on the capital and
program expenditures needed to operate the career and technical
education programs provided; the number of pupils enrolled; the
advancement of pupils through the instructional program; the
existence of an articulation agreement with at least 1
postsecondary institution that provides pupils with opportunities
to earn postsecondary credit during the pupil's participation in
the career and technical education program and transfers those
credits to the postsecondary institution upon completion of the
career and technical education program; and the program rank in
student placement, job openings, and wages, and shall not exceed
75% of the added cost of any program. Notwithstanding any rule or
department determination to the contrary, when determining a
district's allocation or the formula for making allocations under
this section, the department shall include the participation of
pupils in grade 9 in all of those determinations and in all
portions of the formula. With the approval of the department, the
board of a district maintaining a secondary career and technical
education program may offer the program for the period from the
close of the school year until September 1. The program shall use
existing facilities and shall be operated as prescribed by rules
promulgated by the superintendent.
(2) Except for a district that served as the fiscal agent for
a vocational education consortium in the 1993-94 school year,
districts and intermediate districts shall be reimbursed for local
career and technical education administration, shared time career
and technical education administration, and career education
planning district career and technical education administration.
The definition of what constitutes administration and reimbursement
shall be pursuant to guidelines adopted by the superintendent. Not
more than $800,000.00 of the allocation in subsection (1) shall be
distributed under this subsection.
(3) A career and technical education program funded under this
section may provide an opportunity for participants who are
eligible to be funded under section 107 to enroll in the career and
technical education program funded under this section if the
participation does not occur during regular school hours.
(4) In addition to the money allocated under subsections (1),
(5), and (6), from the general fund money appropriated in section
11,
there is allocated for 2017-2018 2018-2019 an amount not to
exceed
$79,000.00 $150,000.00 to an eligible Michigan-approved
501(c)(3) organization for the purposes of teaching or training
restaurant management and culinary arts for career and professional
development. The department shall oversee funds distributed to an
eligible grantee under this section. As used in this subsection,
"eligible Michigan-approved 501(c)(3) organization" means an
organization that is exempt from taxation under section 501(c)(3)
of the internal revenue code of 1986, 26 USC 501, that provides the
ProStart curriculum and training to state-approved career and
technical education programs with classification of instructional
programs (CIP) codes in the 12.05xx category, and that administers
national certification for the purpose of restaurant management and
culinary arts for career and professional development.
(5)
In addition to the funds allocated under subsections (1),
(4),
and (6), from the funds appropriated in section 11, there is
allocated
for 2017-2018 an amount not to exceed $1,000,000.00 for
competitive
grants to intermediate districts to hire career and
technical
education counselors. All of the following apply to this
funding:
(a)
An intermediate district seeking a grant under this
subsection
shall apply to the department in a form and manner
specified
by the department.
(b)
The department shall award grants under this subsection on
a
competitive basis to no more than 3 intermediate districts but
shall
give priority to the intermediate district that has the
greatest
number of pupils enrolled in its constituent districts and
shall
ensure that grants are equitably distributed to the various
geographic
areas of this state and to urban and rural areas.
(c)
To be eligible for funding under this subsection, an
intermediate
district shall do all of the following:
(i) Catalog all available K-12 and other workforce
development
programs
and services, including job search, job training, pre-
employment
certifications, career awareness programs, career and
technical
education programs, and other related programs and
services
offered by districts or intermediate districts,
postsecondary
institutions, and other private or public service
organizations.
(ii) Develop an outreach program that educates students
about
career
and technical education options and connects students to the
services
cataloged under subparagraph (i).
(iii) Track student placement and report on student
placement
to
the house and senate appropriations subcommittees on school aid
no
later than June 30, 2018 in the form and manner prescribed by
the
department.
(6)
In addition to the funds allocated under subsections (1),
(4),
and (5), there is allocated an amount not to exceed
$160,000.00
for 2017-2018 to eligible districts under this
subsection
for the purpose of career and technical education
counselors.
To be eligible to receive funding under this
subsection,
an eligible district must be a constituent district of
an
intermediate district that is located in prosperity region 6 and
borders
prosperity regions 5, 7, and 9, and must have at least
1,600
pupils in membership in 2017-2018. A grant to an eligible
district
under this subsection shall be $80,000.00.
Sec. 61b. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $8,000,000.00 each fiscal year
for
2016-2017 and 2017-2018 for
2018-2019 for CTE early/middle
college and CTE dual enrollment programs authorized under this
section and for planning grants for the development or expansion of
CTE early/middle college programs. The purpose of these programs is
to increase the number of Michigan residents with high-quality
degrees or credentials, and to increase the number of students who
are college and career ready upon high school graduation.
(2) From the funds allocated under subsection (1), an amount
as determined under this subsection shall be allocated to each
intermediate district serving as a fiscal agent for state-approved
CTE early/middle college and CTE dual enrollment programs in each
of the prosperity regions and subregions identified by the
department. An intermediate district shall not use more than 5% of
the funds allocated under this subsection for administrative costs
for serving as the fiscal agent.
(3) To be an eligible fiscal agent, an intermediate district
must agree to do all of the following in a form and manner
determined by the department:
(a) Distribute funds to eligible CTE early/middle college and
CTE dual enrollment programs in a prosperity region or subregion as
described in this section.
(b)
Collaborate with the talent district career council career
and educational advisory council that is located in the prosperity
region or subregion to develop a regional strategic plan under
subsection (4) that aligns CTE programs and services into an
efficient and effective delivery system for high school students.
(c) Implement a regional process to rank career clusters in
the prosperity region or subregion as described under subsection
(4). Regional processes shall be approved by the department before
the ranking of career clusters.
(d) Report CTE early/middle college and CTE dual enrollment
program and student data and information as prescribed by the
department and the center.
(4)
A regional strategic plan must be approved by the talent
district
career and educational advisory council before submission
to the department. A regional strategic plan shall include, but not
be limited to, the following:
(a) An identification of regional employer need based on a
ranking of all career clusters in the prosperity region or
subregion ranked by 10-year job openings projections and median
wage for each standard occupational code in each career cluster as
obtained from the United States Bureau of Labor Statistics.
Standard occupational codes within high-ranking clusters also may
be further ranked by median wage. The rankings shall be reviewed by
the
talent district career and
educational advisory council located
in the prosperity region or subregion and modified if necessary to
accurately reflect employer demand for talent in the prosperity
region
or subregion. A talent district career and educational
advisory council shall document that it has conducted this review
and certify that it is accurate. These career cluster rankings
shall be determined and updated once every 4 years.
(b) An identification of educational entities in the
prosperity region or subregion that will provide eligible CTE
early/middle college and CTE dual enrollment programs including
districts, intermediate districts, postsecondary institutions, and
noncredit occupational training programs leading to an industry-
recognized credential.
(c) A strategy to inform parents and students of CTE
early/middle college and CTE dual enrollment programs in the
prosperity region or subregion.
(d) Any other requirements as defined by the department.
(5) An eligible CTE program is a program that meets all of the
following:
(a) Has been identified in the highest 5 career cluster
rankings in any of the 10 regional strategic plans jointly approved
by the Michigan talent investment agency in the department of
talent and economic development and the department.
(b) Has a coherent sequence of courses that will allow a
student to earn a high school diploma and achieve at least 1 of the
following in a specific career cluster:
(i) An associate degree.
(ii) An industry-recognized technical certification approved
by the Michigan talent investment agency in the department of
talent and economic development.
(iii) Up to 60 transferable college credits.
(iv) Participation in a registered apprenticeship.
(c) Is aligned with the Michigan merit curriculum.
(d) Has an articulation agreement with at least 1
postsecondary institution that provides students with opportunities
to receive postsecondary credits during the student's participation
in the CTE early/middle college or CTE dual enrollment program and
transfers those credits to the postsecondary institution upon
completion of the CTE early/middle college or CTE dual enrollment
program.
(e) Provides instruction that is supervised, directed, or
coordinated by an appropriately certificated CTE teacher or, for
concurrent enrollment courses, a postsecondary faculty member.
(f) Provides for highly integrated student support services
that include at least the following:
(i) Teachers as academic advisors.
(ii) Supervised course selection.
(iii) Monitoring of student progress and completion.
(iv) Career planning services provided by a local one-stop
service center as described in the Michigan works one-stop service
center system act, 2006 PA 491, MCL 408.111 to 408.135, or by a
high school counselor or advisor.
(g) Has courses that are taught on a college campus, are
college courses offered at the high school and taught by college
faculty, or are courses taught in combination with online
instruction.
(6) Funds to eligible CTE early/middle college and CTE dual
enrollment programs shall be distributed as follows:
(a) The department shall determine statewide average CTE costs
per pupil for each CIP code program by calculating statewide
average costs for each CIP code program for the 3 most recent
fiscal years.
(b) Distribution to each eligible CTE early/middle college or
CTE dual enrollment program shall be the product of 50% of CTE
costs per pupil times the current year pupil enrollment of each
eligible CTE early/middle college or CTE dual enrollment program.
(7) In order to receive funds under this section, a CTE
early/middle college or CTE dual enrollment program shall furnish
to the intermediate district that is the fiscal agent identified in
subsection
(1), (2), in a form and manner determined by the
department, all information needed to administer this program and
meet federal reporting requirements; shall allow the department or
the department's designee to review all records related to the
program for which it receives funds; and shall reimburse the state
for all disallowances found in the review, as determined by the
department.
(8) There is allocated from the funds under subsection (1) an
amount
not to exceed $500,000.00 for 2017-2018 2018-2019 for grants
to intermediate districts or consortia of intermediate districts
for the purpose of planning for new or expanded early middle
college programs. Applications for grants shall be submitted in a
form and manner determined by the department. The amount of a grant
under this subsection shall not exceed $50,000.00. To be eligible
for a grant under this subsection, an intermediate district or
consortia of intermediate districts must provide matching funds
equal to the grant received under this subsection. Notwithstanding
section 17b, payments under this subsection may be made as
determined by the department.
(9) Funds distributed under this section may be used to fund
program expenditures that would otherwise be paid from foundation
allowances. A program receiving funding under section 61a may
receive funding under this section for allowable costs that exceed
the reimbursement the program received under section 61a. The
combined payments received by a program under section 61a and this
section shall not exceed the total allowable costs of the program.
A program provider shall not use more than 5% of the funds
allocated under this section to the program for administrative
costs.
(10) If the allocation under subsection (1) is insufficient to
fully fund payments as otherwise calculated under this section, the
department shall prorate payments under this section on an equal
percentage basis.
(11) If pupils enrolled in a career cluster in an eligible CTE
early/middle college or CTE dual enrollment program qualify to be
reimbursed under this section, those pupils continue to qualify for
reimbursement until graduation, even if the career cluster is no
longer identified as being in the highest 5 career cluster
rankings.
(12) As used in this section:
(a) "Allowable costs" means those costs directly attributable
to the program as jointly determined by the Michigan talent
investment agency and the department.
(b) "Career and educational advisory council" means an
advisory council to the local workforce development boards located
in a prosperity region consisting of educational, employer, labor,
and parent representatives.
(c) (b)
"CIP" means classification
of instructional programs.
(d) (c)
"CTE" means career and
technical education programs.
(e) (d)
"CTE dual enrollment
program" means a 4-year high
school program of postsecondary courses offered by eligible
postsecondary educational institutions that leads to an industry-
recognized certification or degree.
(f) (e)
"Early/middle college
program" means a 5-year high
school program.
(g) (f)
"Eligible postsecondary
educational institution" means
that term as defined in section 3 of the career and technical
preparation act, 2000 PA 258, MCL 388.1903.
(g)
"Talent district career council" means an advisory council
to
the local workforce development boards located in a prosperity
region
consisting of educational, employer, labor, and parent
representatives.
Sec. 61c. (1) From the general fund appropriation in section
11,
there is allocated for 2017-2018 2018-2019 an amount not to
exceed
$7,000,000.00 $5,000,000.00
to eligible career education
planning districts for the CTE skilled trades initiative described
in subsections (2) to (5). To be eligible to receive funding under
this section, a CEPD must be located in an intermediate district
that did not levy a vocational education millage in 2018.
(2)
To be eligible to receive funding under subsection (1),
each eligible CEPD shall apply in a form and manner determined by
the department. Funding to each eligible CEPD shall be equal to the
quotient of the allocation under subsection (1) and the sum of the
number of career education planning districts applying for funding
under subsection (1) that are located in an intermediate district
that did not levy a vocational education millage in 2018.
(3)
The At least 50% of the funding allocated to each eligible
CEPD shall be used to update equipment in current CTE programs that
have been identified in the highest 5 career cluster rankings in
any of the 10 regional strategic plans jointly approved by the
Michigan talent investment agency in the department of talent and
economic development and the department, for training on new
equipment, for professional development relating to computer
science or coding, or for new and emerging certified CTE programs
to allow CEPD administrators to provide programming in communities
that will enhance economic development. The funding for equipment
should be used to support and enhance community areas that have
sustained job growth, and act as a commitment to build a more
qualified and skilled workforce. In addition, each CEPD is
encouraged to explore the option of leasing equipment from local
private industry to encourage the use of the most advanced
equipment.
(4) The allocation of funds at the local level shall be
determined by CEPD administrators using data from the state,
region, and local sources to make well-informed decisions on
program equipment improvements. Grants awarded by CEPD
administrators for capital infrastructure shall be used to ensure
that CTE programs can deliver educational programs in high-wage,
high-skill, and high-demand occupations. Each CEPD shall continue
to ensure that program advisory boards make recommendations on
needed improvements for equipment that support job growth and job
skill development and retention for both the present and the
future.
(5) Not later than September 15 of each fiscal year, each CEPD
receiving
funding under subsection (1) shall annually report to the
department, the senate and house appropriations subcommittees on
state school aid, and the senate and house fiscal agencies and
legislature on equipment purchased under subsection (1). In
addition, the report shall identify growth data on program
involvement, retention, and development of student skills.
(6)
In addition to the funds allocated under subsection (1),
from
the general fund appropriation in section 11, there is
allocated
for 2017-2018 an amount not to exceed $500,000.00 to
districts
for a competitive grant to mechatronics programs that
operated
in 2016-2017 for updating mechatronics program equipment.
(7)
In addition to the funds allocated under subsections (1)
and
(6), from the general fund appropriation in section 11, there
is
allocated for 2017-2018 an amount not to exceed $5,000,000.00
for
grants to districts and intermediate districts or consortia of
districts
and intermediate districts for the CTE equipment and
innovation
competitive grant program described in subsections (8)
to
(10).
(8)
To be eligible to receive a competitive grant under
subsection
(7), an applicant shall apply in a form and manner
determined
by the department. The amount of a grant awarded from
the
allocation under subsection (7) shall be at least $100,000.00
but
shall not exceed $1,000,000.00 and shall be used for the
purchase
or lease of equipment from private industry partners and
for
related capacity building activities. A grant application for a
grant
awarded from the allocation under subsection (7) shall
include
at least all of the following information:
(a)
A description of how the proposed capital infrastructure
initiative
will provide increased career opportunities for students
and
adult learners in high-wage, high-skill, and high-demand
occupations.
(b)
Demonstrated evidence of employer demand for the
initiative
and related CTE training, including documentation of
industry
involvement in the initiative that will allow for work-
based
learning opportunities, apprenticeships, teacher externships,
or
a combination of these.
(c)
A budget for the initiative, including demonstrated
commitment
of local or regional partners to sustain the initiative
beyond
the initial grant funding.
(d)
A description of how the initiative aligns with other CTE
and
community college programs and how the equipment will be
utilized
by initiative partners.
(e)
Other information as requested by the department and the
department
of talent and economic development.
(9)
The department shall evaluate grant applications under
subsection
(8) in collaboration with the department of talent and
economic
development. A member of the governor's talent investment
board
may serve in an advisory capacity in the evaluation process
as
determined by the department of talent and economic development.
(10)
Not later than December 15 of each fiscal year, each
grant
recipient receiving funding under subsection (7) shall
annually
report to the department, the department of talent and
economic
development, the house and senate appropriations
subcommittees
on state school aid, the house and senate fiscal
agencies,
and the state budget director on equipment purchased
under
subsection (7) in the immediately preceding school year. The
report
shall identify growth data on program involvement,
retention,
and development of student and adult learner skills.
(6) (11)
As used in this section:
(a) "CEPD" means a career education planning district
described in this section.
(b) "CTE" means career and technical education.
Sec. 62. (1) For the purposes of this section:
(a) "Membership" means for a particular fiscal year the total
membership for the immediately preceding fiscal year of the
intermediate district and the districts constituent to the
intermediate district or the total membership for the immediately
preceding fiscal year of the area vocational-technical program.
(b) "Millage levied" means the millage levied for area
vocational-technical education pursuant to sections 681 to 690 of
the revised school code, MCL 380.681 to 380.690, including a levy
for debt service obligations incurred as the result of borrowing
for capital outlay projects and in meeting capital projects fund
requirements of area vocational-technical education.
(c) "Taxable value" means the total taxable value of the
districts constituent to an intermediate district or area
vocational-technical education program, except that if a district
has elected not to come under sections 681 to 690 of the revised
school code, MCL 380.681 to 380.690, the membership and taxable
value of that district shall not be included in the membership and
taxable value of the intermediate district. However, the membership
and taxable value of a district that has elected not to come under
sections 681 to 690 of the revised school code, MCL 380.681 to
380.690, shall be included in the membership and taxable value of
the intermediate district if the district meets both of the
following:
(i) The district operates the area vocational-technical
education program pursuant to a contract with the intermediate
district.
(ii) The district contributes an annual amount to the
operation of the program that is commensurate with the revenue that
would have been raised for operation of the program if millage were
levied in the district for the program under sections 681 to 690 of
the revised school code, MCL 380.681 to 380.690.
(2) From the appropriation in section 11, there is allocated
an
amount not to exceed $9,190,000.00 each fiscal year for 2016-
2017
and for 2017-2018 and for 2018-2019 to reimburse intermediate
districts and area vocational-technical education programs
established under section 690(3) of the revised school code, MCL
380.690, levying millages for area vocational-technical education
pursuant to sections 681 to 690 of the revised school code, MCL
380.681 to 380.690. The purpose, use, and expenditure of the
reimbursement shall be limited as if the funds were generated by
those millages.
(3)
Reimbursement for the millages levied in 2015-2016 shall
be
made in 2016-2017 at an amount per 2015-2016 membership pupil
computed
by subtracting from $198,100.00 the 2015-2016 taxable
value
behind each membership pupil and multiplying the resulting
difference
by the 2015-2016 millage levied.
(3) (4)
Reimbursement for those millages
levied in 2016-2017
shall be made in 2017-2018 at an amount per 2016-2017 membership
pupil
computed by subtracting from $199,000.00 $200,400.00 the
2016-2017 taxable value behind each membership pupil and
multiplying the resulting difference by the 2016-2017 millage
levied, and then subtracting from that amount the 2016-2017 local
community stabilization share revenue for area vocational technical
education behind each membership pupil for reimbursement of
personal property exemption loss under the local community
stabilization authority act, 2014 PA 86, MCL 123.1341 to 123.1362.
(4) Reimbursement for those millages levied in 2017-2018 shall
be made in 2018-2019 at an amount per 2017-2018 membership pupil
computed by subtracting from $205,600.00 the 2017-2018 taxable
value behind each membership pupil and multiplying the resulting
difference by the 2017-2018 millage levied, and then subtracting
from that amount the 2017-2018 local community stabilization share
revenue for area vocational technical education behind each
membership pupil for reimbursement of personal property exemption
loss under the local community stabilization authority act, 2014 PA
86, MCL 123.1341 to 123.1362.
(5) The amount paid to a single intermediate district under
this section shall not exceed 38.4% of the total amount allocated
under subsection (2).
(6) The amount paid to a single intermediate district under
this section shall not be less than 75% of the amount allocated to
the intermediate district under this section for the immediately
preceding fiscal year.
Sec. 64b. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $1,750,000.00 for 2017-2018 2018-
2019 for supplemental payments to districts that support the
attendance of district pupils in grades 9 to 12 under the
postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to
388.524, or under the career and technical preparation act, 2000 PA
258, MCL 388.1901 to 388.1913, consistent with section 21b, or that
support the attendance of district pupils in a concurrent
enrollment program if the district meets the requirements under
subsection (3). Programs funded under this section are intended to
increase the number of pupils who are college- and career-ready
upon high school graduation.
(2) To be eligible for payments under this section for
supporting the attendance of district pupils under the
postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to
388.524, or under the career and technical preparation act, 2000 PA
258, MCL 388.1901 to 388.1913, a district shall do all of the
following:
(a) Provide information to all high school pupils on
postsecondary enrollment options, including enrollment eligibility,
the institutions and types of courses that are eligible for
participation, the decision-making process for granting academic
credit, and an explanation of eligible charges that will be paid by
the district.
(b) Enter into a written agreement with a postsecondary
institution before the enrollment of district pupils.
(c) Agree to pay all eligible charges pursuant to section 21b.
(d) Award high school credit for the postsecondary course if
the pupil successfully completes the course.
(3) To be eligible for payments under this section for pupils
enrolled in a concurrent enrollment program, a district shall do
all of the following:
(a) Provide information to all high school pupils on
postsecondary enrollment options, including enrollment eligibility,
the institutions and types of courses that are eligible for
participation, the decision-making process for granting academic
credit, and an explanation of eligible charges that will be paid by
the district.
(b) Enter into a written agreement with a postsecondary
institution establishing the concurrent enrollment program before
the enrollment of district pupils in a postsecondary course through
the postsecondary institution.
(c) Ensure that the course is taught by either a high school
teacher or postsecondary faculty pursuant to standards established
by the postsecondary institution with which the district has
entered into a written agreement to operate the concurrent
enrollment program.
(d) Ensure that the written agreement provides that the
postsecondary institution agrees not to charge the pupil for any
cost of the program.
(e) Ensure that the course is taught in the local district or
intermediate district.
(f) Ensure that the pupil is awarded both high school and
college credit at a community college or state public university in
this state upon successful completion of the course as outlined in
the agreement with the postsecondary institution.
(4) Funds shall be awarded to eligible districts under this
section in the following manner:
(a) A payment of $10.00 per credit, for up to 3 credits, for a
credit-bearing course in which a pupil enrolls during the current
school year, as described under either subsection (2) or (3).
(b) An additional payment of $30.00 per-pupil per course
identified in subdivision (a), if the pupil successfully completes,
and is awarded both high school and postsecondary credit for, the
course during the current school year.
(5) A district requesting payment under this section shall
submit an application to the department in the form and manner
prescribed by the department. Notwithstanding section 17b, payments
under this section shall be made on a schedule determined by the
department.
Sec. 65. (1) From the general fund money appropriated under
section
11, there is allocated an amount not to exceed $340,000.00
for
2017-2018 $500,000.00 for
2018-2019 for a pre-college
engineering K-12 educational program that is focused on the
development of a diverse future Michigan workforce, that serves
multiple communities within southeast Michigan, that enrolls pupils
from multiple districts, and that received funds appropriated for
this purpose in the appropriations act that provided the Michigan
strategic fund budget for 2014-2015.
(2) To be eligible for funding under this section, a program
must have the ability to expose pupils to, and motivate and prepare
pupils for, science, technology, engineering, and mathematics
careers and postsecondary education with special attention given to
groups of pupils who are at-risk and underrepresented in technical
professions and careers.
Sec. 67. (1) From the general fund amount appropriated in
section 11, there is allocated an amount not to exceed
$3,000,000.00
for 2017-2018 2018-2019 for college access programs.
The programs funded under this section are intended to inform
students of college and career options and to provide resources
intended to increase the number of pupils who are adequately
prepared with the information needed to make informed decisions on
college and career. The funds appropriated under this section are
intended to be used to increase the number of Michigan residents
with high-quality degrees or credentials. Funds appropriated under
this section shall not be used to supplant funding for counselors
already funded by districts.
(2) The talent investment agency of the department of talent
and economic development shall administer funds allocated under
this section in collaboration with the Michigan college access
network. These funds may be used for any of the following purposes:
(a) Michigan college access network operations, programming,
and services to local college access networks.
(b) Local college access networks, which are community-based
college access/success partnerships committed to increasing the
college participation and completion rates within geographically
defined communities through a coordinated strategy.
(c) The Michigan college advising program, a program intended
to place trained, recently graduated college advisors in high
schools that serve significant numbers of low-income and first-
generation college-going pupils. State funds used for this purpose
may not exceed 33% of the total funds available under this
subsection.
(d) Subgrants of up to $5,000.00 to districts with
comprehensive high schools that establish a college access team and
implement specific strategies to create a college-going culture in
a high school in a form and manner approved by the Michigan college
access network and the Michigan talent investment agency.
(e) The Michigan college access portal, an online one-stop
portal to help pupils and families plan and apply for college.
(f) Public awareness and outreach campaigns to encourage low-
income and first-generation college-going pupils to take necessary
steps toward college and to assist pupils and families in
completing a timely and accurate free application for federal
student aid.
(g) Subgrants to postsecondary institutions to recruit, hire,
and train college student mentors and college advisors to assist
high school pupils in navigating the postsecondary planning and
enrollment process.
(3) For the purposes of this section, "college" means any
postsecondary educational opportunity that leads to a career,
including, but not limited to, a postsecondary degree, industry-
recognized technical certification, or registered apprenticeship.
Sec. 74. (1) From the amount appropriated in section 11, there
is
allocated an amount not to exceed $3,730,300.00 for 2017-2018
$3,754,900.00 for 2018-2019 for the purposes of this section.
(2) From the allocation in subsection (1), there is allocated
for each fiscal year the amount necessary for payments to state
supported colleges or universities and intermediate districts
providing school bus driver safety instruction pursuant to section
51 of the pupil transportation act, 1990 PA 187, MCL 257.1851. The
payments shall be in an amount determined by the department not to
exceed the actual cost of instruction and driver compensation for
each public or nonpublic school bus driver attending a course of
instruction. For the purpose of computing compensation, the hourly
rate allowed each school bus driver shall not exceed the hourly
rate received for driving a school bus. Reimbursement compensating
the driver during the course of instruction shall be made by the
department to the college or university or intermediate district
providing the course of instruction.
(3) From the allocation in subsection (1), there is allocated
for
2017-2018 2018-2019 the amount necessary to pay the reasonable
costs of nonspecial education auxiliary services transportation
provided pursuant to section 1323 of the revised school code, MCL
380.1323. Districts funded under this subsection shall not receive
funding under any other section of this article for nonspecial
education auxiliary services transportation.
(4) From the funds allocated in subsection (1), there is
allocated
an amount not to exceed $1,705,300.00 for 2017-2018
$1,729,900.00 for 2018-2019 for reimbursement to districts and
intermediate districts for costs associated with the inspection of
school buses and pupil transportation vehicles by the department of
state police as required under section 715a of the Michigan vehicle
code, 1949 PA 300, MCL 257.715a, and section 39 of the pupil
transportation act, 1990 PA 187, MCL 257.1839. The department of
state police shall prepare a statement of costs attributable to
each district for which bus inspections are provided and submit it
to the department and to an intermediate district serving as
fiduciary in a time and manner determined jointly by the department
and the department of state police. Upon review and approval of the
statement of cost, the department shall forward to the designated
intermediate district serving as fiduciary the amount of the
reimbursement on behalf of each district and intermediate district
for costs detailed on the statement within 45 days after receipt of
the statement. The designated intermediate district shall make
payment in the amount specified on the statement to the department
of state police within 45 days after receipt of the statement. The
total reimbursement of costs under this subsection shall not exceed
the amount allocated under this subsection. Notwithstanding section
17b, payments to eligible entities under this subsection shall be
paid on a schedule prescribed by the department.
Sec. 81. (1) From the appropriation in section 11, there is
allocated
for 2017-2018 2018-2019 to the intermediate districts the
sum
necessary, but not to exceed $67,108,000.00 $67,780,000.00 to
provide state aid to intermediate districts under this section.
(2) The amount allocated under this section to each
intermediate
district is an amount equal to 100% 101% of the amount
allocated
to the intermediate district under this section for 2016-
2017.
2017-2018. Funding provided under this section shall be used
to comply with requirements of this article and the revised school
code that are applicable to intermediate districts, and for which
funding is not provided elsewhere in this article, and to provide
technical assistance to districts as authorized by the intermediate
school board.
(3) Intermediate districts receiving funds under this section,
shall collaborate with the department to develop expanded
professional development opportunities for teachers to update and
expand their knowledge and skills needed to support the Michigan
merit curriculum.
(4) From the allocation in subsection (1), there is allocated
to an intermediate district, formed by the consolidation or
annexation of 2 or more intermediate districts or the attachment of
a total intermediate district to another intermediate school
district or the annexation of all of the constituent K-12 districts
of a previously existing intermediate school district which has
disorganized, an additional allotment of $3,500.00 each fiscal year
for each intermediate district included in the new intermediate
district for 3 years following consolidation, annexation, or
attachment.
(5) In order to receive funding under this section, an
intermediate district shall do all of the following:
(a) Demonstrate to the satisfaction of the department that the
intermediate district employs at least 1 person who is trained in
pupil accounting and auditing procedures, rules, and regulations.
(b) Demonstrate to the satisfaction of the department that the
intermediate district employs at least 1 person who is trained in
rules, regulations, and district reporting procedures for the
individual-level student data that serves as the basis for the
calculation of the district and high school graduation and dropout
rates.
(c) Comply with sections 1278a and 1278b of the revised school
code, MCL 380.1278a and 380.1278b.
(d) Furnish data and other information required by state and
federal law to the center and the department in the form and manner
specified by the center or the department, as applicable.
(e) Comply with section 1230g of the revised school code, MCL
380.1230g.
(f)
Comply with section 761 of the revised school code, MCL
380.761.
Sec. 94. (1) From the general fund appropriation in section
11, there is allocated to the department for 2017-2018 an amount
not to exceed $750,000.00 and there is allocated to the department
for 2018-2019 an amount not to exceed $1,500,000.00 for efforts to
increase the number of pupils who participate and succeed in
advanced placement and international baccalaureate programs, and,
beginning in 2018-2019, to support the college-level examination
program (CLEP).
(2) From the funds allocated under this section, the
department shall award funds to cover all or part of the costs of
advanced placement test fees or international baccalaureate test
fees and international baccalaureate registration fees for low-
income pupils who take an advanced placement or an international
baccalaureate test, and, beginning in 2018-2019, CLEP fees for low-
income
pupils who take a CLEP test. Payments
shall not exceed
$20.00
per test completed or $150.00 per international
baccalaureate
registration fees per pupil registered.
(3) The department shall only award funds under this section
if the department determines that all of the following criteria are
met:
(a) Each pupil for whom payment is made meets eligibility
requirements of the federal advanced placement test fee program
under section 1701 of the no child left behind act of 2001, Public
Law 107-110, or under a corresponding provision of the every
student succeeds act, Public Law 114-95.
(b) The tests are administered by the college board, the
international baccalaureate organization, or another test provider
approved by the department.
(c) The pupil for whom payment is made pays at least $5.00
toward the cost of each test for which payment is made.
(4) The department shall establish procedures for awarding
funds under this section.
(5) Notwithstanding section 17b, payments under this section
shall be made on a schedule determined by the department.
Sec. 94a. (1) There is created within the state budget office
in the department of technology, management, and budget the center
for educational performance and information. The center shall do
all of the following:
(a) Coordinate the collection of all data required by state
and federal law from districts, intermediate districts, and
postsecondary institutions.
(b) Create, maintain, and enhance this state's P-20
longitudinal data system and ensure that it meets the requirements
of subsection (4).
(c) Collect data in the most efficient manner possible in
order to reduce the administrative burden on reporting entities,
including, but not limited to, electronic transcript services.
(d) Create, maintain, and enhance this state's web-based
educational portal to provide information to school leaders,
teachers, researchers, and the public in compliance with all
federal and state privacy laws. Data shall include, but are not
limited to, all of the following:
(i) Data sets that link teachers to student information,
allowing districts to assess individual teacher impact on student
performance and consider student growth factors in teacher and
principal evaluation systems.
(ii) Data access or, if practical, data sets, provided for
regional data hubs that, in combination with local data, can
improve teaching and learning in the classroom.
(iii) Research-ready data sets for researchers to perform
research that advances this state's educational performance.
(e) Provide data in a useful manner to allow state and local
policymakers to make informed policy decisions.
(f) Provide public reports to the citizens of this state to
allow them to assess allocation of resources and the return on
their investment in the education system of this state.
(g) Other functions as assigned by the state budget director.
(2) Each state department, officer, or agency that collects
information from districts, intermediate districts, or
postsecondary institutions as required under state or federal law
shall make arrangements with the center to ensure that the state
department, officer, or agency is in compliance with subsection
(1). This subsection does not apply to information collected by the
department of treasury under the uniform budgeting and accounting
act, 1968 PA 2, MCL 141.421 to 141.440a; the revised municipal
finance act, 2001 PA 34, MCL 141.2101 to 141.2821; the school bond
qualification, approval, and loan act, 2005 PA 92, MCL 388.1921 to
388.1939; or section 1351a of the revised school code, MCL
380.1351a.
(3) The center may enter into any interlocal agreements
necessary to fulfill its functions.
(4) The center shall ensure that the P-20 longitudinal data
system required under subsection (1)(b) meets all of the following:
(a) Includes data at the individual student level from
preschool through postsecondary education and into the workforce.
(b) Supports interoperability by using standard data
structures, data formats, and data definitions to ensure linkage
and connectivity in a manner that facilitates the exchange of data
among agencies and institutions within the state and between
states.
(c) Enables the matching of individual teacher and student
records so that an individual student may be matched with those
teachers providing instruction to that student.
(d) Enables the matching of individual teachers with
information about their certification and the institutions that
prepared and recommended those teachers for state certification.
(e) Enables data to be easily generated for continuous
improvement and decision-making, including timely reporting to
parents, teachers, and school leaders on student achievement.
(f) Ensures the reasonable quality, validity, and reliability
of data contained in the system.
(g) Provides this state with the ability to meet federal and
state reporting requirements.
(h) For data elements related to preschool through grade 12
and postsecondary, meets all of the following:
(i) Contains a unique statewide student identifier that does
not permit a student to be individually identified by users of the
system, except as allowed by federal and state law.
(ii) Contains student-level enrollment, demographic, and
program participation information.
(iii) Contains student-level information about the points at
which students exit, transfer in, transfer out, drop out, or
complete education programs.
(iv) Has the capacity to communicate with higher education
data systems.
(i) For data elements related to preschool through grade 12
only, meets all of the following:
(i) Contains yearly test records of individual students for
assessments approved by DED-OESE for accountability purposes under
section 1111(b) of the elementary and secondary education act of
1965, 20 USC 6311, including information on individual students not
tested, by grade and subject.
(ii) Contains student-level transcript information, including
information on courses completed and grades earned.
(iii) Contains student-level college readiness test scores.
(j) For data elements related to postsecondary education only:
(i) Contains data that provide information regarding the
extent to which individual students transition successfully from
secondary school to postsecondary education, including, but not
limited to, all of the following:
(A) Enrollment in remedial coursework.
(B) Completion of 1 year's worth of college credit applicable
to a degree within 2 years of enrollment.
(ii) Contains data that provide other information determined
necessary to address alignment and adequate preparation for success
in postsecondary education.
(5) From the general fund appropriation in section 11, there
is
allocated an amount not to exceed $10,173,200.00 for 2016-2017
and
an amount not to exceed $16,216,000.00
for 2017-2018 2018-2019
to the department of technology, management, and budget to support
the operations of the center. In addition, from the federal funds
appropriated
in section 11 there is allocated for each fiscal year
for
2016-2017 and for 2017-2018 2018-2019
the amount necessary,
estimated at $193,500.00, to support the operations of the center
and to establish a P-20 longitudinal data system necessary for
state and federal reporting purposes. The center shall cooperate
with the department to ensure that this state is in compliance with
federal law and is maximizing opportunities for increased federal
funding to improve education in this state.
(6) From the funds allocated in subsection (5), the center may
use an amount determined by the center for competitive grants for
2017-2018
2018-2019 to support collaborative efforts on the P-20
longitudinal data system. All of the following apply to grants
awarded under this subsection:
(a) The center shall award competitive grants to eligible
intermediate districts or a consortium of intermediate districts
based on criteria established by the center.
(b) Activities funded under the grant shall support the P-20
longitudinal data system portal and may include portal hosting,
hardware and software acquisition, maintenance, enhancements, user
support and related materials, and professional learning tools and
activities aimed at improving the utility of the P-20 longitudinal
data system.
(c) An applicant that received a grant under this subsection
for the immediately preceding fiscal year shall receive priority
for funding under this section. However, after 3 fiscal years of
continuous funding, an applicant is required to compete openly with
new applicants.
(7) Funds allocated under this section that are not expended
in the fiscal year in which they were allocated may be carried
forward to a subsequent fiscal year and are appropriated for the
purposes for which the funds were originally allocated.
(8) The center may bill departments as necessary in order to
fulfill reporting requirements of state and federal law. The center
may also enter into agreements to supply custom data, analysis, and
reporting to other principal executive departments, state agencies,
local units of government, and other individuals and organizations.
The center may receive and expend funds in addition to those
authorized in subsection (5) to cover the costs associated with
salaries, benefits, supplies, materials, and equipment necessary to
provide such data, analysis, and reporting services.
(9) As used in this section:
(a) "DED-OESE" means the United States Department of Education
Office of Elementary and Secondary Education.
(b) "State education agency" means the department.
Sec. 95b. (1) From the general fund appropriation under
section 11, there is allocated to the department an amount not to
exceed
$2,500,000.00 for 2017-2018 2018-2019
for the department to
adopt a model value-added growth and projection analytics system
and to incorporate that model into its reporting requirements under
the every student succeeds act, Public Law 114-95. The adopted
model shall do at least all of the following:
(a) Utilize existing assessments and any future assessments
that are suitable for measuring student growth.
(b) Report student growth measures at the district, school,
teacher, and subgroup levels.
(c) Recognize the growth of tested students, including those
who may have missing assessment data.
(d) Include all available prior standardized assessment data
that meet inclusion criteria across grades, subjects, and state and
local assessments.
(e) Allow student growth results to be disaggregated.
(f) Provide individual student projections showing the
probability of a student reaching specific performance levels on
future assessments.
(g) Demonstrate any prior success with this state's
assessments through the Michigan council of educator effectiveness
teacher evaluation pilot.
(h) Demonstrate prior statewide implementation in at least 2
other states for at least 10 years.
(i) Have a native roster verification system built into the
value-added reporting platform that has been implemented statewide
in at least 2 other states.
(j) Have a "Help/Contact Us" ticketing system built into the
value-added reporting platform.
(2) The department shall provide internet-based electronic
student growth and projection reporting based on the model adopted
under subsection (1) to educators at the school, district, and
state levels. The model shall include role-based permissions that
allow educators to access information about the performance of the
students within their immediate responsibility in accordance with
applicable privacy laws.
(3) The model adopted under subsection (1) must not be a
mandatory part of teacher evaluation or educator pay-for-
performance systems.
Sec. 95c. (1) The department shall create the Michigan teacher
council within the department for the following purposes:
(a) Provide feedback to the superintendent of public
instruction, the state board, and the legislature on initiatives
that it considers critical to the development of attracting,
preparing, and retaining teachers.
(b) Provide guidance on best practices for developing the
profession of teaching, including, but not limited to, effective
preparation and compensation, and for creating the best teacher
infrastructure to serve this state.
(c) Provide advice to the governor and the legislature on
subjects regarding public education, including, but not limited to,
building a model for teacher compensation, rewarding teachers for
exemplary service, making the teaching profession an attractive
option for prospective educators, and instituting practices that
help retain quality teachers in the classroom.
(2) The Michigan teacher council shall consist of the
following members:
(a) Two members who are participating in a higher education
teacher preparation program, appointed by the governor.
(b) Four members who are public school teachers in this state
appointed as follows:
(i) One member appointed by the majority leader of the senate.
(ii) One member appointed by the speaker of the house of
representatives.
(iii) One member appointed by the minority leader of the
senate.
(iv) One member appointed by the minority leader of the house
of representatives.
(c) One member appointed by the superintendent of public
instruction nominated by the Michigan Education Association.
(d) One member appointed by the superintendent of public
instruction nominated by the American Federation of Teachers.
(e) Three members appointed by the state board as follows:
(i) One member who is a representative of a school management
organization.
(ii) One member who is a representative of a nonprofit
organization that engages in teacher and education research.
(iii) One member who is a superintendent of a school district.
(3) Members shall be appointed to the council within 90 days
after the effective date of the amendatory act that added this
section and shall serve for 4 years or until a successor is
appointed. Vacancies shall be filled in the same manner as the
original appointment.
(4) At the first meeting, the council shall elect a
chairperson. The council shall meet at least quarterly and more
frequently if called for by the chairperson or a majority of the
members. A majority of the members is required for a quorum. All
meetings shall be held in compliance with the open meetings act,
1976 PA 267, MCL 15.261 to 15.275. All writings prepared, owned,
used, and in the possession of the council are subject to the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
Members shall not be compensated for their service, but may be
reimbursed for their actual and necessary expenses incurred in the
performance of their duties on the council.
Sec. 98. (1) From the general fund money appropriated in
section 11, there is allocated an amount not to exceed
$7,387,500.00
for 2017-2018 2018-2019 for the purposes described in
this section. The Michigan Virtual University shall provide a
report
to the legislature not later than November 1 , 2017 of each
year that includes its mission, its plans, and proposed benchmarks
it
must meet, which shall include a plan to achieve a 50% increase
in
documented improvement in each requirement of the Michigan
Virtual
Learning Research Institute and Michigan Virtual School,
and
all other the organizational priorities identified in this
section,
in order to receive full funding for 2018-2019. 2019-2020.
Not
later than March 1 , 2018, of
each year, the Michigan Virtual
University shall provide an update to the house and senate
appropriations subcommittees on school aid to show the progress
being made to meet the benchmarks identified.
(2) The Michigan Virtual University shall operate the Michigan
Virtual Learning Research Institute. The Michigan Virtual Learning
Research Institute shall do all of the following:
(a) Support and accelerate innovation in education through the
following activities:
(i) Test, evaluate, and recommend as appropriate new
technology-based instructional tools and resources.
(ii) Research, design, and recommend virtual education
delivery models for use by pupils and teachers that include age-
appropriate multimedia instructional content.
(iii) Research, develop, and recommend annually to the
department criteria by which cyber schools and virtual course
providers should be monitored and evaluated to ensure a quality
education for their pupils.
(iv) Based on pupil completion and performance data reported
to the department or the center for educational performance and
information from cyber schools and other virtual course providers
operating in this state, analyze the effectiveness of virtual
learning delivery models in preparing pupils to be college- and
career-ready and publish a report that highlights enrollment
totals, completion rates, and the overall impact on pupils. The
report shall be submitted to the house and senate appropriations
subcommittees on state school aid, the state budget director, the
house and senate fiscal agencies, the department, districts, and
intermediate
districts not later than March 31
, 2018.of each year.
(v) Provide an extensive professional development program to
at least 30,000 educational personnel, including teachers, school
administrators, and school board members, that focuses on the
effective integration of virtual learning into curricula and
instruction. The Michigan Virtual Learning Research Institute is
encouraged to work with the MiSTEM advisory council created under
section 99s to coordinate professional development of teachers in
applicable fields. In addition, the Michigan Virtual Learning
Research Institute and external stakeholders are encouraged to
coordinate with the department for professional development in this
state.
Not later than December 1 , 2018, of
each year, the Michigan
Virtual Learning Research Institute shall submit a report to the
house and senate appropriations subcommittees on state school aid,
the state budget director, the house and senate fiscal agencies,
and
the department on the number and percentage of teachers, school
administrators, and school board members who have received
professional development services from the Michigan Virtual
University. The report shall also identify barriers and other
opportunities to encourage the adoption of virtual learning in the
public education system.
(vi) Identify and share best practices for planning,
implementing, and evaluating virtual and blended education delivery
models with intermediate districts, districts, and public school
academies to accelerate the adoption of innovative education
delivery models statewide.
(b) Provide leadership for this state's system of virtual
learning education by doing the following activities:
(i) Develop and report policy recommendations to the governor
and the legislature that accelerate the expansion of effective
virtual learning in this state's schools.
(ii) Provide a clearinghouse for research reports, academic
studies, evaluations, and other information related to virtual
learning.
(iii) Promote and distribute the most current instructional
design standards and guidelines for virtual teaching.
(iv) In collaboration with the department and interested
colleges and universities in this state, support implementation and
improvements related to effective virtual learning instruction.
(v) Pursue public/private partnerships that include districts
to study and implement competency-based technology-rich virtual
learning models.
(vi) Create a statewide network of school-based mentors
serving as liaisons between pupils, virtual instructors, parents,
and school staff, as provided by the department or the center, and
provide mentors with research-based training and technical
assistance designed to help more pupils be successful virtual
learners.
(vii) Convene focus groups and conduct annual surveys of
teachers, administrators, pupils, parents, and others to identify
barriers and opportunities related to virtual learning.
(viii) Produce an annual consumer awareness report for schools
and parents about effective virtual education providers and
education delivery models, performance data, cost structures, and
research trends.
(ix) Research and establish Provide an
internet-based platform
that educators can use to create student-centric learning tools and
resources for sharing in the state's open educational resource
repository and facilitate a user network that assists educators in
using the content creation platform and state repository for open
educational resources. As part of this initiative, the Michigan
Virtual University shall work collaboratively with districts and
intermediate districts to establish a plan to make available
virtual resources that align to Michigan's K-12 curriculum
standards for use by students, educators, and parents.
(x) Create and maintain a public statewide catalog of virtual
learning courses being offered by all public schools and community
colleges in this state. The Michigan Virtual Learning Research
Institute shall identify and develop a list of nationally
recognized best practices for virtual learning and use this list to
support reviews of virtual course vendors, courses, and
instructional practices. The Michigan Virtual Learning Research
Institute shall also provide a mechanism for intermediate districts
to use the identified best practices to review content offered by
constituent districts. The Michigan Virtual Learning Research
Institute shall review the virtual course offerings of the Michigan
Virtual University, and make the results from these reviews
available to the public as part of the statewide catalog. The
Michigan Virtual Learning Research Institute shall ensure that the
statewide catalog is made available to the public on the Michigan
Virtual University website and shall allow the ability to link it
to each district's website as provided for in section 21f. The
statewide catalog shall also contain all of the following:
(A) The number of enrollments in each virtual course in the
immediately preceding school year.
(B) The number of enrollments that earned 60% or more of the
total course points for each virtual course in the immediately
preceding school year.
(C)
The completion pass rate for each virtual course.
(xi) Develop prototype and pilot Support registration,
payment
services,
and transcript functionality to for
the statewide catalog
and train key stakeholders on how to use new features.
(xii) Collaborate with key stakeholders to examine district
level accountability and teacher effectiveness issues related to
virtual learning under section 21f and make findings and
recommendations publicly available.
(xiii) Provide a report on the activities of the Michigan
Virtual Learning Research Institute.
(3) To further enhance its expertise and leadership in virtual
learning, the Michigan Virtual University shall continue to operate
the Michigan Virtual School as a statewide laboratory and quality
model of instruction by implementing virtual and blended learning
solutions for Michigan schools in accordance with the following
parameters:
(a) The Michigan Virtual School must maintain its
accreditation status from recognized national and international
accrediting entities.
(b) The Michigan Virtual University shall use no more than
$1,000,000.00 of the amount allocated under this section to
subsidize the cost paid by districts for virtual courses.
(c) In providing educators responsible for the teaching of
virtual courses as provided for in this section, the Michigan
Virtual School shall follow the requirements to request and assess,
and the department of state police shall provide, a criminal
history check and criminal records check under sections 1230 and
1230a of the revised school code, MCL 380.1230 and 380.1230a, in
the same manner as if the Michigan Virtual School were a school
district under those sections.
(4) From the funds allocated under subsection (1), the
Michigan Virtual University shall allocate up to $500,000.00 to
support the expansion of new online and blended educator
professional development programs.
(5) If the course offerings are included in the statewide
catalog of virtual courses under subsection (2)(b)(x), the Michigan
Virtual School operated by the Michigan Virtual University may
offer virtual course offerings, including, but not limited to, all
of the following:
(a) Information technology courses.
(b) College level equivalent courses, as defined in section
1471 of the revised school code, MCL 380.1471.
(c) Courses and dual enrollment opportunities.
(d) Programs and services for at-risk pupils.
(e) High school equivalency test preparation courses for
adjudicated youth.
(f) Special interest courses.
(g) Professional development programs for teachers, school
administrators, other school employees, and school board members.
(6) If a home-schooled or nonpublic school student is a
resident of a district that subscribes to services provided by the
Michigan Virtual School, the student may use the services provided
by the Michigan Virtual School to the district without charge to
the student beyond what is charged to a district pupil using the
same services.
(7) Not later than December 1 of each fiscal year, the
Michigan Virtual University shall provide a report to the house and
senate appropriations subcommittees on state school aid, the state
budget director, the house and senate fiscal agencies, and the
department that includes at least all of the following information
related to the Michigan Virtual School for the preceding state
fiscal year:
(a) A list of the districts served by the Michigan Virtual
School.
(b) A list of virtual course titles available to districts.
(c) The total number of virtual course enrollments and
information on registrations and completions by course.
(d) The overall course completion rate percentage.
(8) In addition to the information listed in subsection (7),
the report under subsection (7) shall also include a plan to serve
at least 600 schools with courses from the Michigan Virtual School
or with content available through the internet-based platform
identified in subsection (2)(b)(ix).
(9) The governor may appoint an advisory group for the
Michigan Virtual Learning Research Institute established under
subsection (2). The members of the advisory group shall serve at
the pleasure of the governor and shall serve without compensation.
The purpose of the advisory group is to make recommendations to the
governor, the legislature, and the president and board of the
Michigan Virtual University that will accelerate innovation in this
state's education system in a manner that will prepare elementary
and secondary students to be career and college ready and that will
promote the goal of increasing the percentage of citizens of this
state with high-quality degrees and credentials to at least 60% by
2025.
(10)
Not later than November 1 , 2017, of
each year, the
Michigan Virtual University shall submit to the house and senate
appropriations subcommittees on state school aid, the state budget
director, and the house and senate fiscal agencies a detailed
budget
for the 2017-2018 that fiscal year that includes a breakdown
on its projected costs to deliver virtual educational services to
districts and a summary of the anticipated fees to be paid by
districts for those services. Not later than March 1 each year, the
Michigan Virtual University shall submit to the house and senate
appropriations subcommittees on state school aid, the state budget
director, and the house and senate fiscal agencies a breakdown on
its actual costs to deliver virtual educational services to
districts and a summary of the actual fees paid by districts for
those services based on audited financial statements for the
immediately preceding fiscal year.
(11) As used in this section:
(a) "Blended learning" means a hybrid instructional delivery
model where pupils are provided content, instruction, and
assessment, in part at a supervised educational facility away from
home where the pupil and a teacher with a valid Michigan teaching
certificate are in the same physical location and in part through
internet-connected learning environments with some degree of pupil
control over time, location, and pace of instruction.
(b) "Cyber school" means a full-time instructional program of
virtual courses for pupils that may or may not require attendance
at a physical school location.
(c) "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 in which the majority of the
curriculum is delivered using the internet and in which pupils are
separated from their instructor or teacher of record by time or
location, or both.
Sec. 99h. (1) From the state school aid fund appropriation in
section 11, there is allocated an amount not to exceed
$2,500,000.00
for 2017-2018 2018-2019 for competitive grants to
districts and intermediate districts, and from the general fund
appropriation in section 11, there is allocated an amount not to
exceed
$300,000.00 for 2017-2018 2018-2019
for competitive grants
to
nonpublic schools , that
provide pupils in grades K to 12 with
expanded opportunities to improve mathematics, science, and
technology skills by participating in events hosted by a science
and technology development program known as FIRST (for inspiration
and recognition of science and technology) Robotics, including JR
FIRST Lego League, FIRST Lego League, FIRST tech challenge, and
FIRST Robotics competition, or events hosted by the Robotics
Education and Competition (REC) Foundation. Programs funded under
this section are intended to increase the number of pupils
demonstrating proficiency in science and mathematics on the state
assessments and to increase the number of pupils who are college-
and career-ready upon high school graduation. Notwithstanding
section
17b, grant payments to districts, and nonpublic schools,
and intermediate districts under this section shall be paid on a
schedule determined by the department. The department shall set
maximum grant awards for each different level of competition in a
manner that both maximizes the number of teams that will be able to
receive funds and expands the geographical distribution of teams.
(2)
A district, or nonpublic school, or intermediate district
applying for a grant under this section shall submit an application
in a form and manner determined by the department. To be eligible
for
a grant, a district, or nonpublic school, or intermediate
district shall demonstrate in its application that the
district, or
nonpublic school, or intermediate district has established a
partnership
for the purposes of the FIRST Robotics robotics program
with at least 1 sponsor, business entity, higher education
institution, or technical school, shall submit a spending plan, and
shall
pay at least 25% of the cost of the FIRST Robotics robotics
program.
(3) The department shall distribute the grant funding under
this section for the following purposes:
(a)
Grants to districts, or nonpublic schools, or intermediate
districts to pay for stipends not to exceed $1,500.00 for 1 coach
per team.
(b)
Grants to districts, or nonpublic schools, or intermediate
districts for event registrations, materials, travel costs, and
other expenses associated with the preparation for and attendance
at
FIRST Robotics robotics events and competitions. Each grant
recipient shall provide a local match from other private or local
funds for the funds received under this subdivision equal to at
least 50% of the costs of participating in an event.
(c)
Grants to districts, or nonpublic schools, or intermediate
districts for awards to teams that advance to the state and world
championship competitions. The department shall determine an equal
amount per team for those teams that advance to the state
championship and a second equal award amount to those teams that
advance to the world championship.
(4) A nonpublic school that receives a grant under this
section
may use the funds for either FIRST Robotics robotics or
Science Olympiad programs.
(5) To be eligible to receive funds under this section, a
nonpublic school must be a nonpublic school registered with the
department and must meet all applicable state reporting
requirements for nonpublic schools.
Sec. 99r. (1) From the general fund appropriation under
section
11, there is allocated for 2016-2017 an amount not to
exceed
$75,000.00, and there is allocated for 2017-2018 2018-2019
an
amount not to exceed $250,000.00, $400,000.00 to the department
of
technology, management, and budget to
support the creation
functions of the executive director and executive assistant for the
MiSTEM network.
(2)
From the general fund allocation under this section, there
is
allocated for 2016-2017 an amount not to exceed $75,000.00 to
the
department of technology, management, and budget to support the
functions
of a transitional executive director and executive
assistant
for the MiSTEM network. The department of technology,
management,
and budget shall work with the Michigan Mathematics and
Science
Centers Network and the MiSTEM council to hire the
transitional
executive director and executive assistant. The
transitional
executive director and executive assistant shall work
with
the president and executive director of the Michigan
Mathematics
and Science Centers Network and the chairperson and
vice-chairperson
of the MiSTEM council. The transitional executive
director
and executive assistant shall do all of the following:
(a)
Develop a plan for the creation of MiSTEM network regions
that
does all of the following:
(i) Creates a structured relationship between the
MiSTEM
council,
MiSTEM network executive director and executive assistant,
and
MiSTEM network region staff that ensures services to all
regions
and local communities in each region.
(ii) Empowers the MiSTEM network regions in a manner
that
creates
a robust statewide STEM culture, empowers STEM teachers,
integrates
business and education into the MiSTEM network, and
ensures
high-quality and equitable distribution of STEM experiences
for
pupils.
(iii) Identifies region boundaries throughout the state
and
identifies
fiscal agents within those regions.
(iv) Identifies MiSTEM state and regional goals and
objectives
and
processes by which goals and objectives shall be measured.
(v) Includes processes by which the MiSTEM network
regions
apply
for MiSTEM grants, provide feedback on grant-funded
programming,
share best practices, and create regional master
plans.
(vi) Creates a marketing campaign, including, at least,
an
online
presence which includes dashboards of outcomes for the
MiSTEM
network.
(b)
Form a committee for the purpose of identifying each
MiSTEM
network region and selecting a fiscal agent and determining
staffing
for that region. Fiscal agents shall be an intermediate
district
within the region, a university within the region, or
another
organization that served as fiscal agent within the
Michigan
Mathematics and Science Centers Network. Agencies
interested
in serving as the region's fiscal agent shall be
included
on this committee. The committee shall also include
representatives
of the general education leadership network and the
governor's
talent investment board, in addition to the math and
science
centers and MiSTEM council. The committee shall identify
necessary
staffing levels and locations of staff and determine
processes
by which the entire region will receive and share
services.
All fiscal agents for the Michigan Mathematics and
Science
Centers Network are required to maintain current levels of
effort
for the MiSTEM network as for the Michigan Mathematics and
Science
Centers Network.
(c)
Establish a system to distribute and monitor MiSTEM grants
during
the creation of the MiSTEM network. The monitoring of the
grants
shall include conducting reviews of recipients and the
experiences
and feedback of pupils.
(d)
Report to the governor and the legislature on the
development
of the MiSTEM network.
(e)
Submit the plan developed under subdivision (a) to the
governor
and the legislature on or before December 1, 2017.
(2) (3)
From the general fund allocation under this section,
there
is allocated for 2017-2018 an amount not to exceed
$250,000.00
to support a permanent executive director and an
executive
assistant for the MiSTEM network. After the creation of
the
MiSTEM network region, the transitional executive director
funded
under subsection (2) may be appointed as the permanent
executive
director, or a new permanent executive director may be
hired.
The permanent executive
director and executive assistant for
the MiSTEM network shall do all of the following:
(a) Serve as a liaison among and between the department, the
department of technology, management, and budget, the MiSTEM
advisory council, the Michigan mathematics and science centers
network, the governor's talent investment board, the general
education
leadership network, and the regional
MiSTEM centers
regions in a manner that creates a robust statewide STEM culture,
that empowers STEM teachers, that integrates business and education
into the STEM network, and that ensures high-quality STEM
experiences for pupils.
(b) Coordinate the implementation of a marketing campaign,
including, but not limited to, a website that includes dashboards
of outcomes, to build STEM awareness and communicate STEM needs and
opportunities to pupils, parents, educators, and the business
community.
(c)
Award Work with the
department and the MiSTEM advisory
council to coordinate, award, and monitor MiSTEM state and federal
grants to the MiSTEM network regions and conduct reviews of grant
recipients, including, but not limited to, pupil experience and
feedback.
(d) Report to the governor, the legislature, the department,
and the MiSTEM advisory council annually on the activities and
performance of the MiSTEM network regions.
(e) Coordinate recurring discussions and work with regional
staff to ensure that a network or loop of feedback and best
practices are shared, including funding, programming, professional
learning opportunities, discussion of MiSTEM strategic vision, and
regional objectives.
(f) Coordinate major grant application efforts with the MiSTEM
advisory council to assist regional staff with grant applications
on a local level. The MiSTEM advisory council shall leverage
private and nonprofit relationships to coordinate and align private
funds in addition to funds appropriated under this section.
(g) Train state and regional staff in the STEMworks rating
system, in collaboration with the MiSTEM advisory council and the
department.
(h)
Hire all MiSTEM network staff no later than July 1, 2018.
(h) Collaborate with the MiSTEM network to hire MiSTEM network
region staff.
Sec. 99s. (1) From the funds appropriated under section 11,
there
is allocated for 2017-2018 2018-2019
an amount not to exceed
$6,234,300.00
$7,434,300.00 from the state school aid fund
appropriation
and an amount not to exceed $1,600,000.00 $250,000.00
from the general fund appropriation for Michigan science,
technology, engineering, and mathematics (MiSTEM) programs. In
addition, from the federal funds appropriated in section 11, there
is
allocated for 2017-2018 2018-2019
an amount estimated at
$4,700,000.00
$3,500,000.00 from DED-OESE, title II, mathematics
and science partnership grants. Programs funded under this section
are intended to increase the number of pupils demonstrating
proficiency in science and mathematics on the state assessments and
to increase the number of pupils who are college- and career-ready
upon high school graduation. Notwithstanding section 17b, payments
under this section shall be paid on a schedule determined by the
department.
(2) From the general fund allocation in subsection (1), there
is
allocated an amount not to exceed $50,000.00 $100,000.00 to the
department for administrative, training, and travel costs related
to the MiSTEM advisory council. All of the following apply to the
MiSTEM advisory council funded under this subsection:
(a) The MiSTEM advisory council is created. The MiSTEM
advisory council shall provide to the governor, legislature,
department of talent and economic development, and department
recommendations designed to improve and promote innovation in STEM
education and to prepare students for careers in science,
technology, engineering, and mathematics.
(b) The MiSTEM advisory council created under subdivision (a)
shall consist of the following members:
(i) The governor shall appoint 11 voting members who are
representative of business sectors that are important to Michigan's
economy and rely on a STEM-educated workforce, nonprofit
organizations and associations that promote STEM education, K-12
and postsecondary education entities involved in STEM-related
career education, or other sectors as considered appropriate by the
governor. Each of these members shall serve at the pleasure of the
governor and for a term determined by the governor.
(ii) The senate majority leader shall appoint 2 members of the
senate to serve as nonvoting, ex-officio members of the MiSTEM
advisory council, including 1 majority party member and 1 minority
party member.
(iii) The speaker of the house of representatives shall
appoint 2 members of the house of representatives to serve as
nonvoting, ex-officio members of the MiSTEM advisory council,
including 1 majority party member and 1 minority party member.
(c) Each member of the MiSTEM advisory council shall serve
without compensation.
(d) The MiSTEM advisory council annually shall review and make
recommendations to the governor, the legislature, and the
department concerning changes to the statewide strategy adopted by
the council for delivering STEM education-related opportunities to
pupils. The MiSTEM advisory council shall use funds received under
this subsection to ensure that its members or their designees are
trained in the Change the Equation STEMworks rating system program
for the purpose of rating STEM programs.
(e) The MiSTEM advisory council shall make specific funding
recommendations for the funds allocated under subsection (3) by
December
15 of each fiscal year. The amount of each grant
recommended
shall not exceed $100,000.00. Each
specific funding
recommendation shall be for a program approved by the MiSTEM
advisory council. To be eligible for MiSTEM advisory council
approval, a program must satisfy all of the following:
(i) Align with this state's academic standards.
(ii) Have STEMworks certification.
(iii) Provide project-based experiential learning, student
programming, or educator professional learning experiences.
(iv) Focus predominantly on classroom-based STEM experiences
or professional learning experiences.
(f) The MiSTEM advisory council shall approve programs that
represent all network regions and include a diverse array of
options for students and educators and at least 1 program in each
of the following areas:
(i) Robotics.
(ii) Computer science or coding.
(iii) Engineering or bioscience.
(g) The MiSTEM advisory council is encouraged to work with the
MiSTEM
Network regions network to develop locally and regionally
developed programs and professional development experiences for the
programs on the list of approved programs.
(h) If the MiSTEM advisory council is unable to make specific
funding recommendations by December 15 of a fiscal year, the
department
of technology, management, and budget shall award and
the
department shall distribute the
funds allocated under
subsection (3) on a competitive grant basis that at least follows
the statewide STEM strategy plan and rating system recommended by
the
MiSTEM advisory council. Each grant shall not exceed
$100,000.00
and must provide STEM
education-related opportunities
for pupils.
(i) The MiSTEM advisory council shall work with the executive
director of the MiSTEM network funded under section 99r to
implement the statewide STEM strategy adopted by the MiSTEM
advisory council.
(3) From the state school aid fund money allocated under
subsection
(1), there is allocated for 2017-2018 2018-2019 an
amount not to exceed $2,850,000.00 for the purpose of funding
programs
under this section for 2017-2018, 2018-2019, as
recommended by the MiSTEM advisory council.
(4)
From the state school aid fund allocation under subsection
(1),
there is allocated for 2017-2018 an amount not to exceed
$3,299,300.00
to support the activities and programs of mathematics
and
science centers. In addition, from the federal funds allocated
under
subsection (1), there is allocated for 2017-2018 an amount
estimated
at $4,700,000.00 from DED-OESE, title II, mathematics and
science
partnership grants, for the purposes of this subsection.
All
of the following apply to the programs and funding under this
subsection:
(a)
Within a service area designated locally, approved by the
department,
and consistent with the comprehensive master plan for
mathematics
and science centers developed by the department and
approved
by the state board, an established mathematics and science
center
shall provide 2 or more of the following 6 basic services,
as
described in the master plan, to constituent districts and
communities:
leadership, pupil services, curriculum support,
community
involvement, professional development, and resource
clearinghouse
services.
(b)
The department shall not award a state grant under this
subsection
to more than 1 mathematics and science center located in
a
designated region as prescribed in the 2007 master plan unless
each
of the grants serves a distinct target population or provides
a
service that does not duplicate another program in the designated
region.
(c)
As part of the technical assistance process, the
department
shall provide minimum standard guidelines that may be
used
by the mathematics and science center for providing fair
access
for qualified pupils and professional staff as prescribed in
this
subsection.
(d)
Allocations under this subsection to support the
activities
and programs of mathematics and science centers shall be
continuing
support grants to all 33 established mathematics and
science
centers. For 2017-2018, each established mathematics and
science
center shall receive state funding in an amount equal to
100%
of the amount it was allocated under former section 99 for
2014-2015.
If a center declines state funding or a center closes,
the
remaining money available under this subsection shall be
distributed
to the remaining centers, as determined by the
department.
(e)
From the funds allocated under this subsection, the
department
shall distribute for 2017-2018 an amount not to exceed
$750,000.00
in a form and manner determined by the department to
those
centers able to provide curriculum and professional
development
support to assist districts in implementing the
Michigan
merit curriculum components for mathematics and science.
Funding
under this subdivision is in addition to funding allocated
under
subdivision (d).
(f)
It is the intent of the legislature that the funding
allocated
under this subsection represents the final year of
funding
for mathematics and science centers and that mathematics
and
science centers shall not be funded in 2018-2019.
(5)
From the funds allocated under subsection (1), there is
allocated
an amount not to exceed $85,000.00 to the Michigan
Mathematics
and Science Centers Network to reimburse intermediate
school
districts for transition costs incurred as the centers
transition
to MiSTEM network regions.
(4) (6)
From the general school aid fund allocation under
subsection (1), there is allocated an amount not to exceed
$1,400,000.00
to $3,834,300.00 for
2018-2019 to support the
activities
and programs of the MiSTEM network regions.
For 2017-
2018,
each established MiSTEM network region shall receive funding
under
this subsection in an amount equal to 50% of the state
funding
amount allocated for 2017-2018 to the mathematics and
science
centers located within that region to allow the MiSTEM
network
region to begin operating by April 1, 2018. For former
mathematics
and science centers with territory in more than 1
MiSTEM
network region, the amount allocated shall be divided
proportionally.In addition, from the federal funds allocated
under
subsection (1), there is allocated for 2018-2019 an amount
estimated at $3,500,000.00 from DED-OESE, title II, mathematics and
science partnership grants, for the purposes of this subsection.
Beginning in 2018-2019, the fiscal agent for each MiSTEM network
region shall receive $200,000.00 for the base operations of each
region. The remaining funds will be distributed to each fiscal
agent in an equal amount per pupil, based on the number of K to 12
pupils enrolled in districts within each region in the prior fiscal
year.
(5) (7)
A MiSTEM network region shall do
all of the following:
(a)
Collaborate with the talent district career and
educational
advisory council that is located in the
prosperity
MiSTEM region to develop a regional strategic plan for STEM
education that creates a robust regional STEM culture, that
empowers STEM teachers, that integrates business and education into
the STEM network, and that ensures high-quality STEM experiences
for pupils. At a minimum, a regional STEM strategic plan should do
all of the following:
(i) Identify regional employer need for STEM.
(ii) Identify processes for regional employers and educators
to create guided pathways for STEM careers that include internships
or externships, apprenticeships, and other experiential engagements
for pupils.
(iii) Identify educator professional development
opportunities, including internships or externships and
apprenticeships,
that integrate this state's science content
standards into high-quality STEM experiences that engage pupils.
(b) Facilitate regional STEM events such as educator and
employer networking and STEM career fairs to raise STEM awareness.
(c) Contribute to the MiSTEM website and engage in other
MiSTEM network functions to further the mission of STEM in this
state in coordination with the MiSTEM advisory council and its
executive director.
(d) Facilitate application and implementation of state and
federal funds under this subsection and any other grants or funds
for the MiSTEM network region.
(e) Work with districts to provide STEM programming and
professional development.
(f)
Coordinate recurring discussions and work with the talent
district
career and educational advisory council to ensure that
feedback and best practices are being shared, including funding,
program, professional learning opportunities, and regional
strategic plans.
(6) From the school aid funds allocated under subsection (1),
the department shall distribute for 2018-2019 an amount not to
exceed $750,000.00, in a form and manner determined by the
department, to those network regions able to provide curriculum and
professional development support to assist districts in
implementing the Michigan merit curriculum components for
mathematics and science.
(7) (8)
In order to receive state or
federal funds under
subsection (4) or (6), a grant recipient shall allow access for the
department or the department's designee to audit all records
related to the program for which it receives those funds. The grant
recipient shall reimburse the state for all disallowances found in
the audit.
(8) (9)
In order to receive state funds
under subsection (4)
or (6), a grant recipient shall provide at least a 10% local match
from local public or private resources for the funds received under
this subsection.
(9) (10)
Not later than July 1, 2019 and
July 1 of each year
thereafter, a MiSTEM network region that receives funds under
subsection
(6) (4) shall report to the executive director of the
MiSTEM network in a form and manner prescribed by the executive
director on performance measures developed by the MiSTEM network
regions and approved by the executive director. The performance
measures shall be designed to ensure that the activities of the
MiSTEM network are improving student academic outcomes.
(10) (11)
Not more than 5% of a MiSTEM
network region grant
under subsection (4) or (6) may be retained by a fiscal agent for
serving as the fiscal agent of a MiSTEM network region.
(11) (12)
As used in this section:
(a) "Career and educational advisory council" means an
advisory council to the local workforce development boards located
in a prosperity region consisting of educational, employer, labor,
and parent representatives.
(b) (a)
"DED" means the United
States Department of Education.
(c) (b)
"DED-OESE" means the DED
Office of Elementary and
Secondary Education.
(d) (c)
"STEM" means science,
technology, engineering, and
mathematics delivered in an integrated fashion using cross-
disciplinary learning experiences that can include language arts,
performing and fine arts, and career and technical education.
(d)
"Talent district career council" means an advisory council
to
the local workforce development boards located in a prosperity
region
consisting of educational, employer, labor, and parent
representatives.
(12) (13)
From the general fund allocation
under subsection
(1), there is allocated an amount not to exceed $150,000.00 for
2017-2018
2018-2019 for a grant to the Van Andel Education
Institute for the purposes of advancing and promoting science
education and increasing the number of students who choose to
pursue careers in science or science-related fields. Funds
allocated under this subsection shall be used to provide
professional development for science teachers in using student-
driven, inquiry-based instruction.
(14)
Not later than January 1, 2019, the executive director of
the
MiSTEM centers network shall report to the house and senate
appropriations
subcommittees on school aid and the house and senate
fiscal
agencies on the number of male and female MiSTEM center
program
participants and the steps, if any, that the MiSTEM centers
are
taking to reduce any disparity between the number of male and
female
participants.
Sec. 99t. (1) From the general fund appropriation under
section 11, there is allocated an amount not to exceed
$1,100,000.00
for 2017-2018 $1,500,000.00
for 2018-2019 to purchase
statewide access to an online algebra tool that meets all of the
following:
(a) Provides students statewide with complete access to videos
aligned with state standards including study guides and workbooks
that are aligned with the videos.
(b) Provides students statewide with access to a personalized
online algebra learning tool including adaptive diagnostics.
(c) Provides students statewide with dynamic algebra practice
assessments that emulate the state assessment with immediate
feedback and help solving problems.
(d) Provides students statewide with online access to algebra
help 24 hours a day and 7 days a week from study experts, teachers,
and peers on a moderated social networking platform.
(e) Provides an online algebra professional development
network for teachers.
(f) Is already provided under a statewide contract in at least
1 other state that has a population of at least 18,000,000 but not
more than 19,000,000 according to the most recent decennial census
and is offered in that state in partnership with a public
university.
(2) The department shall purchase the online algebra tool that
was chosen under this section in 2016-2017.
(3) A grantee receiving funding under this section shall
comply with the requirements of section 19b.
Sec. 99u. (1) From the general fund appropriation under
section
11, there is allocated for 2017-2018 2018-2019 an amount
not to exceed $1,000,000.00 to purchase statewide access to an
online mathematics tool that meets all of the following:
(a) Provides students statewide with complete access to
mathematics support aligned with state standards through a program
that has all of the following elements:
(i) Student motivation.
(ii) Valid and reliable assessments.
(iii) Personalized learning pathways.
(iv) Highly qualified, live teachers available all day and all
year.
(v) Twenty-four-hour reporting.
(vi) Content built for rigorous mathematics.
(b) Has a record of improving student mathematics scores in at
least 5 other states.
(2) A grantee that receives funding under this section shall
comply with the requirements of section 19b.
(3) In addition to the funds allocated under subsection (1),
from the general fund appropriation in section 11, there is
allocated for 2018-2019 an amount not to exceed $100.00 for a
software-based solution designed to teach Spanish language literacy
to students in pre-kindergarten through first grade. A program
funded under this subsection shall be a grant to a provider that
promotes bilingualism and biliteracy, and is based on research that
shows how students who become proficient readers in their first
language have an easier time making the transition to reading
proficiency in a second language. A provider of programming under
subsection (1) is an eligible provider of programming under this
subsection.
Sec. 99v. From the general fund appropriation in section 11,
there is allocated an amount not to exceed $25,000.00 for 2018-2019
for a grant to a provider that develops and scales effective
innovations to support educators, administrators, and policymakers
in creating seamless transitions throughout the K-14 system for all
students, especially the underserved. A grantee must have expertise
in K-12 services, online course programs, digital platform
services, leadership networks, and higher education, and work to
develop a mathematics pathways alignment. A grantee that receives a
grant under this section shall facilitate a 2-day math workshop
with high school and college faculty focused on sharing information
about high-impact practices, defining the problem or problems, and
using data and planning strategies to address those problems. In
addition, the grantee shall use funds to conduct 3 virtual check-
ins during which the working groups will report on progress and
identify challenges and questions, with the grantee providing
guidance and resources as appropriate. Funds allocated under this
section are grant funds and must be distributed by the department.
Sec. 102d. (1) From the funds appropriated in section 11,
there
is allocated an amount not to exceed $1,500,000.00 for 2017-
2018
2018-2019 for reimbursements to districts, intermediate
districts, and authorizing bodies of public school academies for
the licensing of school data analytical tools as described under
this section. The reimbursement is for districts, intermediate
districts, and authorizing bodies of public school academies that
choose to use a school data analytical tool to assist the district,
intermediate district, or authorizing body of a public school
academy and that enter into a licensing agreement for a school data
analytical tool with 1 of the vendors approved by the department of
technology, management, and budget under subsection (2). Funds
allocated under this section are intended to provide districts,
intermediate districts, and authorizing bodies of public school
academies with financial forecasting and transparency reporting
tools to help improve the financial health of districts and to
improve communication with the public, resulting in increased fund
balances for districts and intermediate districts.
(2)
Not later than October 15, 2017, the department of
technology,
management, and budget shall review vendors for school
data
analytical tools and provide districts, intermediate
districts,
and authorizing bodies of public school academies with a
list
of up to 2 approved vendors that districts, intermediate
districts,
and authorizing bodies of public school academies may
use
to be eligible for a reimbursement paid under this section. In
addition,
a A vendor approved under this section for 2016-2017
2017-2018
is considered to be approved for
use by a district,
intermediate district, or authorizing body of a public school
academy
and for reimbursement for 2017-2018. An approved school
data
analytical tool supplied by the vendor must meet at least all
of
the following:2018-2019.
(a)
Analyzes financial data.
(b)
Analyzes academic data.
(c)
Provides early warning indicators of financial stress.
(d)
Has the capability to provide peer district comparisons of
both
financial and academic data.
(e)
Has the capability to provide financial projections for at
least
3 subsequent fiscal years.
(3) Funds allocated under this section shall be paid to
districts, intermediate districts, and authorizing bodies of public
school academies as a reimbursement for already having a licensing
agreement or for entering into a licensing agreement not later than
December
1, 2017 2018 with a vendor approved under subsection (2)
to implement a school data analytical tool. Reimbursement will be
prorated for the portion of the state fiscal year not covered by
the licensing agreement. However, a licensing agreement that takes
effect
after October 1, 2017 2018
and before December 1, 2017 2018
will not be prorated if the term of the agreement is at least 1
year. Reimbursement under this section shall be made as follows:
(a) All districts, intermediate districts, and authorizing
bodies of public school academies seeking reimbursement shall
submit
requests not later than December 1, 2017 2018 indicating the
cost paid for the financial data analytical tool.
(b) The department shall determine the sum of the funding
requests under subdivision (a) and, if there are sufficient funds,
shall pay 1/2 of the costs submitted under subdivision (a). If
there are insufficient funds to pay 1/2 of the costs submitted
under (a), then reimbursement shall be made on an equal percentage
basis.
(c) Funds remaining after the calculation and payment under
subdivision (b) shall be distributed on an equal per-pupil basis,
with an intermediate district's pupils considered to be the sum of
the pupil memberships of the constituent districts for which the
intermediate district is purchasing the financial data analytical
tool, and with an authorizing body's pupils considered to be the
sum of the pupil memberships of the public school academies
authorized by the authorizing body for which the authorizing body
is purchasing the financial data analytical tool.
(d) The reimbursement to a district, intermediate district, or
authorizing body of a public school academy shall not be greater
than the amount paid for a data analytics application.
(e) A district, intermediate district, or authorizing body of
a public school academy shall not be reimbursed for the purchase of
more than 1 software application.
(4) If an intermediate district purchases both a school data
analytical tool specifically for intermediate district finances and
a school data analytical tool for those constituent districts that
opt in, the intermediate district shall be reimbursed for both
purchases under this section.
(5) If an intermediate district makes available to 1 or more
of its constituent districts a school data analytical tool funded
under this section, that constituent district shall not be
reimbursed under this section for the purchase of that school data
analytical tool if the constituent district has opted in for that
tool.
(6) If an authorizing body of a public school academy makes
available to 1 or more public school academies a school data
analytical tool funded under this section, the public school
academy shall not be reimbursed under this section for the purchase
of a school data analytical tool if the public school academy opted
in for that tool.
(7) Notwithstanding section 17b, payments under this section
shall be made on a schedule determined by the department.
Sec. 104. (1) In order to receive state aid under this
article, a district shall comply with sections 1249, 1278a, 1278b,
1279, 1279g, and 1280b of the revised school code, MCL 380.1249,
380.1278a, 380.1278b, 380.1279, 380.1279g, and 380.1280b, and 1970
PA 38, MCL 388.1081 to 388.1086. Subject to subsection (2), from
the state school aid fund money appropriated in section 11, there
is
allocated for 2017-2018 2018-2019
an amount not to exceed
$34,709,400.00
$38,009,400.00 for payments on behalf of districts
for costs associated with complying with those provisions of law.
In addition, from the federal funds appropriated in section 11,
there
is allocated for 2017-2018 2018-2019
an amount estimated at
$6,250,000.00, funded from DED-OESE, title VI, state assessment
funds, and from DED-OSERS, section 504 of part B of the individuals
with disabilities education act, Public Law 94-142, plus any
carryover federal funds from previous year appropriations, for the
purposes of complying with the federal no child left behind act of
2001, Public Law 107-110, or the every student succeeds act, Public
Law 114-95.
(2) The results of each test administered as part of the
Michigan student test of educational progress (M-STEP), including
tests administered to high school students, shall include an item
analysis that lists all items that are counted for individual pupil
scores and the percentage of pupils choosing each possible
response. The department shall work with the center to identify the
number of students enrolled at the time assessments are given by
each district. In calculating the percentage of pupils assessed for
a district's scorecard, the department shall use only the number of
pupils enrolled in the district at the time the district
administers the assessments and shall exclude pupils who enroll in
the district after the district administers the assessments.
(3) All federal funds allocated under this section shall be
distributed in accordance with federal law and with flexibility
provisions outlined in Public Law 107-116, and in the education
flexibility partnership act of 1999, Public Law 106-25.
(4) From the funds allocated in subsection (1), there is
allocated
an amount not to exceed $1,000,000.00 for 2017-2018
$2,000,000.00 for 2018-2019 to an intermediate district described
in this subsection to implement a Michigan kindergarten entry
observation
tool in 2017–2018. 2018-2019.
The funding under this
subsection is allocated to an intermediate district in prosperity
region 9 with at least 3,000 kindergarten pupils enrolled in its
constituent districts to continue participation in the Maryland-
Ohio
pilot and cover the costs of implementing the pilot
observation tool, including a contract with a university for
implementation
of the pilot observation tool
also referred to as
the kindergarten readiness assessment. The intermediate district
shall
continue implementation of the 2016-2017 pilot study with
existing
participating intermediate districts during the 2017-2018
school
year. The Michigan kindergarten entry observation (MKEO) and
the
kindergarten entry observation readiness assessment shall be
conducted in all kindergarten classrooms in districts located in
prosperity
regions 4, 5, and 9 2, 3,
4, 5, 6, 7, 8, and 9 beginning
in
August 2018. 2019. A constituent district of an intermediate
district
located within these prosperity region 4, 5, or 9 regions
shall administer the Maryland-Ohio tool within each kindergarten
classroom to either the full census of kindergarten pupils or a
representative sample of not less than 35% of the enrolled
kindergarten pupils in each classroom. The intermediate district
receiving the funding allocated under this subsection shall work
with other intermediate districts to implement the Michigan
kindergarten entry observation, engage with the office of great
start and the department, and provide a report to the legislature
on the demonstrated readiness of kindergarten pupils within the
participating intermediate districts. That intermediate district
may share this funding with the other affected intermediate
districts
and districts. Allowable costs under this subsection
include
those incurred in July, August, and September 2017 as well
as
those incurred in 2017-2018. As
used in this subsection,
"kindergarten" may include a classroom for young 5-year-olds,
commonly referred to as "young 5s" or "developmental kindergarten".
The department shall approve the language and literacy domain
within the Maryland-Ohio tool, also referred to as the
"Kindergarten Readiness Assessment", for use by districts as an
initial assessment that may be delivered to all kindergarten
students to assist with identifying any possible area of concern
for a student in English language arts.
(5)
The department shall continue to make the kindergarten
entry
assessment developed by the department and field tested in
2015-2016
available to districts in 2017-2018.
(5) (6)
The department may recommend, but
may not require,
districts to allow pupils to use an external keyboard with tablet
devices for online M-STEP testing, including, but not limited to,
open-ended test items such as constructed response or equation
builder items.
(6) (7)
Notwithstanding section 17b,
payments on behalf of
districts, intermediate districts, and other eligible entities
under this section shall be paid on a schedule determined by the
department.
(7) (8)
From the allocation in subsection
(1), there is
allocated
an amount not to exceed $3,200,000.00 $500,000.00 for the
development or selection of an online reporting tool to provide
student-level assessment data in a secure environment to educators,
parents, and pupils immediately after assessments are scored. The
department and the center shall ensure that any data collected by
the online reporting tool do not provide individually identifiable
student data to the federal government.
(8) (9)
As used in this section:
(a) "DED" means the United States Department of Education.
(b) "DED-OESE" means the DED Office of Elementary and
Secondary Education.
(c) "DED-OSERS" means the DED Office of Special Education and
Rehabilitative Services.
Sec. 104c. (1) In order to receive state aid under this
article, a district shall administer the state assessments
described in this section.
(2) For the purposes of this section, the department shall
develop
for use in the spring of 2015-2016 and administer the
Michigan student test of educational progress (M-STEP) assessments
in English language arts and mathematics. These assessments shall
be aligned to state standards.
(3) For the purposes of this section, the department shall
implement a summative assessment system that is proven to be valid
and reliable for administration to pupils as provided under this
subsection. The summative assessment system shall meet all of the
following requirements:
(a) The summative assessment system shall measure student
proficiency on the current state standards, shall measure student
growth for consecutive grade levels in which students are assessed
in the same subject area in both grade levels, and shall be capable
of measuring individual student performance.
(b) The summative assessments for English language arts and
mathematics shall be administered to all public school pupils in
grades 3 to 11, including those pupils as required by the federal
individuals with disabilities education act, Public Law 108-446,
and by title I of the federal every student succeeds act (ESSA),
Public Law 114-95.
(c) The summative assessments for science shall be
administered
to all public school pupils in at least grades 4 and
7,
5 and 8, including those pupils as required by the federal
individuals with disabilities education act, Public Law 108-446,
and by title I of the federal every student succeeds act (ESSA),
Public Law 114-95.
(d) The summative assessments for social studies shall be
administered to all public school pupils in at least grades 5 and
8, including those pupils as required by the federal individuals
with disabilities education act, Public Law 108-446, and by title I
of the federal every student succeeds act (ESSA), Public Law 114-
95.
(e) The content of the summative assessments shall be aligned
to state standards.
(f) The pool of questions for the summative assessments shall
be subject to a transparent review process for quality, bias, and
sensitive issues involving educator review and comment. The
department shall post samples from tests or retired tests featuring
questions from this pool for review by the public.
(g) The summative assessment system shall ensure that
students, parents, and teachers are provided with reports that
convey individual student proficiency and growth on the assessment
and that convey individual student domain-level performance in each
subject area, including representative questions, and individual
student performance in meeting state standards.
(h) The summative assessment system shall be capable of
providing, and the department shall ensure that students, parents,
teachers, administrators, and community members are provided with,
reports that convey aggregate student proficiency and growth data
by teacher, grade, school, and district.
(i) The summative assessment system shall ensure the
capability of reporting the available data to support educator
evaluations.
(j) The summative assessment system shall ensure that the
reports provided to districts containing individual student data
are available within 60 days after completion of the assessments.
(k) The summative assessment system shall ensure that access
to individually identifiable student data meets all of the
following:
(i) Is in compliance with 20 USC 1232g, commonly referred to
as the family educational rights and privacy act of 1974.
(ii) Except as may be provided for in an agreement with a
vendor to provide assessment services, as necessary to support
educator evaluations pursuant to subdivision (i), or for research
or program evaluation purposes, is available only to the student;
to the student's parent or legal guardian; and to a school
administrator or teacher, to the extent that he or she has a
legitimate educational interest.
(l) The summative assessment system shall ensure that the
assessments are pilot tested before statewide implementation.
(m) The summative assessment system shall ensure that
assessments are designed so that the maximum total combined length
of time that schools are required to set aside for a pupil to
answer all test questions on all assessments that are part of the
system for the pupil's grade level does not exceed that maximum
total combined length of time for the previous statewide assessment
system or 9 hours, whichever is less. This subdivision does not
limit the amount of time a district may allow a pupil to complete a
test.
(n) The total cost of executing the summative assessment
system statewide each year, including, but not limited to, the cost
of contracts for administration, scoring, and reporting, shall not
exceed an amount equal to 2 times the cost of executing the
previous statewide assessment after adjustment for inflation.
(o) Beginning with the 2017-2018 school year, the summative
assessment system shall not require more than 3 hours in duration,
on average, for an individual pupil to complete the combined
administration of the math and English language arts portions of
the assessment for any 1 grade level.
(4)
In an effort to develop a cohesive state assessment
system,
the department shall implement a request for information
process
for a common formative assessment system that is fully
aligned
to this state's content standards for English language arts
and
mathematics. The department may use information compiled from a
request
for proposal in 2016-2017 to satisfy this request.
(4) (5)
Beginning in the 2015-2016 school year, the The
department
shall field test administer
benchmark assessments in the
fall and spring of each school year to measure English language
arts
and mathematics in each of grades K to 2. for full
implementation
when the assessments have been successfully field
tested.
This full Full implementation shall occur not later than
the 2018-2019 school year. These assessments are necessary to
determine a pupil's proficiency level before grade 3.
(5) (6)
Not later than November 1, 2017, the The department
shall
issue a request for information for not less than 3 provide a
list
of 3 benchmark assessments solutions that each meet all of the
following:
(a)
Assesses Assess all of grades 3 through 7 8 in
math and
English language arts.
(b)
Is Are aligned with this state's content standards such
that items were written for this state's content standards.
(c)
Is Are computer adaptive above and below grade level.
(d)
Produces Produce a pupil's results in not more than 48
hours from the time the benchmark assessment is administered.
(e)
Is Are self-scoring.
(f)
Aligns Align to this state's content standards.
(g)
Measures Measure the academic growth of pupils and
provides
provide an estimate for adequate yearly growth.
(h)
Demonstrates Demonstrate validity and reliability as
appropriate for a computer adaptive assessment.
(i)
Is Are provided by a vendor that is willing to negotiate a
discounted state rate for pricing.
(7)
Not later than March 1, 2018 and in consultation with
experts
in the field of education and educational assessment
measurement,
the department shall approve at least 3 benchmark
assessments
that were included in a response to the request for
information
under subsection (6) and meet the requirements
described
in subsection (6).
(8)
The department shall use the responses to the request for
information
to create a benchmark assessment budget request for the
2018-2019
fiscal year.
(6) Districts shall select a benchmark assessment described in
subsection (5) and shall commit to using the same benchmark
assessment for no less than 3 years without switching to another
benchmark assessment. The department shall use funds allocated
under section 104 to pay on behalf of districts the costs of a
benchmark assessment selected under this subsection. Payments to
vendors under this subsection shall be based on the number of
pupils assessed by each vendor's benchmark assessment.
(7) (9)
This section does not prohibit
districts from adopting
interim assessments.
(8) (10)
As used in this section,
"English language arts"
means that term as defined in section 104b.
Sec. 107. (1) From the appropriation in section 11, there is
allocated
an amount not to exceed $27,000,000.00 for 2017-2018
$30,000,000.00 for 2018-2019 for adult education programs
authorized under this section. Except as otherwise provided under
subsections
(14) , (15), and (19), and (15), funds allocated
under
this section are restricted for adult education programs as
authorized under this section only. A recipient of funds under this
section shall not use those funds for any other purpose.
(2) To be eligible for funding under this section, an eligible
adult education provider shall employ certificated teachers and
qualified administrative staff and shall offer continuing education
opportunities for teachers to allow them to maintain certification.
(3) To be eligible to be a participant funded under this
section, an individual shall be enrolled in an adult basic
education program, an adult secondary education program, an adult
English as a second language program, a high school equivalency
test preparation program, or a high school completion program, that
meets the requirements of this section, and for which instruction
is
provided, and the individual shall meet either of the following:
(a)
Has attained 20 years of age.
(b)
Has attained 18 years of age and the individual's
graduating
class has graduated.be at
least 18 years of age and the
individual's graduating class shall have graduated.
(4) By April 1 of each fiscal year, the intermediate districts
within a prosperity region or subregion shall determine which
intermediate district will serve as the prosperity region's or
subregion's fiscal agent for the next fiscal year and shall notify
the department in a form and manner determined by the department.
The department shall approve or disapprove of the prosperity
region's or subregion's selected fiscal agent. From the funds
allocated under subsection (1), an amount as determined under this
subsection shall be allocated to each intermediate district serving
as a fiscal agent for adult education programs in each of the
prosperity regions or subregions identified by the department. An
intermediate district shall not use more than 5% of the funds
allocated under this subsection for administration costs for
serving as the fiscal agent. Beginning in 2014-2015, 67% of the
allocation provided to each intermediate district serving as a
fiscal agent shall be based on the proportion of total funding
formerly received by the adult education providers in that
prosperity region or subregion in 2013-2014, and 33% shall be
allocated based on the factors in subdivisions (a), (b), and (c).
For 2018-2019, 33% of the allocation provided to each intermediate
district serving as a fiscal agent shall be based upon the
proportion of total funding formerly received by the adult
education providers in that prosperity region in 2013-2014 and 67%
of the allocation shall be based upon the factors in subdivisions
(a), (b), and (c). However, if the allocation to an intermediate
district as calculated under the preceding sentence is less than
the amount received by the intermediate district under this
subsection for 2017-2018, the intermediate district shall instead
receive in 2018-2019 an amount equal to what the intermediate
district
received in 2017-2018. Beginning in
2019-2020, 100% of the
allocation provided to each intermediate district serving as a
fiscal
agent shall be based on the factors in subdivisions (a),
(b),
and (c). equal to what the
intermediate district received in
2018-2019. The funding factors for this section are as follows:
(a) Sixty percent of this portion of the funding shall be
distributed based upon the proportion of the state population of
individuals between the ages of 18 and 24 that are not high school
graduates that resides in each of the prosperity regions or
subregions, as reported by the most recent 5-year estimates from
the
American community survey Community
Survey (ACS) from the
United States Census Bureau.
(b) Thirty-five percent of this portion of the funding shall
be distributed based upon the proportion of the state population of
individuals age 25 or older who are not high school graduates that
resides in each of the prosperity regions or subregions, as
reported by the most recent 5-year estimates from the American
community
survey Community Survey (ACS) from the United States
Census Bureau.
(c) Five percent of this portion of the funding shall be
distributed based upon the proportion of the state population of
individuals age 18 or older who lack basic English language
proficiency that resides in each of the prosperity regions or
subregions, as reported by the most recent 5-year estimates from
the
American community survey Community
Survey (ACS) from the
United States Census Bureau.
(5) To be an eligible fiscal agent, an intermediate district
must agree to do the following in a form and manner determined by
the department:
(a) Distribute funds to adult education programs in a
prosperity region or subregion as described in this section.
(b)
Collaborate with the talent district career and
educational advisory council, which is an advisory council of the
workforce development boards located in the prosperity region or
subregion, or its successor, to develop a regional strategy that
aligns adult education programs and services into an efficient and
effective delivery system for adult education learners, with
special consideration for providing contextualized learning and
career pathways and addressing barriers to education and
employment.
(c)
Collaborate with the talent district career and
educational advisory council, which is an advisory council of the
workforce development boards located in the prosperity region or
subregion, or its successor, to create a local process and criteria
that will identify eligible adult education providers to receive
funds allocated under this section based on location, demand for
services, past performance, quality indicators as identified by the
department, and cost to provide instructional services. The fiscal
agent shall determine all local processes, criteria, and provider
determinations. However, the local processes, criteria, and
provider services must be approved by the department before funds
may be distributed to the fiscal agent.
(d) Provide oversight to its adult education providers
throughout the program year to ensure compliance with the
requirements of this section.
(e) Report adult education program and participant data and
information as prescribed by the department.
(6) An adult basic education program, an adult secondary
education program, or an adult English as a second language program
operated on a year-round or school year basis may be funded under
this section, subject to all of the following:
(a) The program enrolls adults who are determined by a
department-approved assessment, in a form and manner prescribed by
the department, to be below twelfth grade level in reading or
mathematics, or both, or to lack basic English proficiency.
(b) The program tests individuals for eligibility under
subdivision (a) before enrollment and upon completion of the
program in compliance with the state-approved assessment policy.
(c) A participant in an adult basic education program is
eligible for reimbursement until 1 of the following occurs:
(i) The participant's reading and mathematics proficiency are
assessed at or above the ninth grade level.
(ii) The participant fails to show progress on 2 successive
assessments after having completed at least 450 hours of
instruction.
(d) A participant in an adult secondary education program is
eligible for reimbursement until 1 of the following occurs:
(i) The participant's reading and mathematics proficiency are
assessed above the twelfth grade level.
(ii) The participant fails to show progress on 2 successive
assessments after having at least 450 hours of instruction.
(e) A funding recipient enrolling a participant in an English
as a second language program is eligible for funding according to
subsection (9) until the participant meets 1 of the following:
(i) The participant is assessed as having attained basic
English proficiency as determined by a department-approved
assessment.
(ii) The participant fails to show progress on 2 successive
department-approved assessments after having completed at least 450
hours of instruction. The department shall provide information to a
funding recipient regarding appropriate assessment instruments for
this program.
(7) A high school equivalency test preparation program
operated on a year-round or school year basis may be funded under
this section, subject to all of the following:
(a) The program enrolls adults who do not have a high school
diploma or a high school equivalency certificate.
(b) The program shall administer a pre-test approved by the
department before enrolling an individual to determine the
individual's literacy levels, shall administer a high school
equivalency practice test to determine the individual's potential
for success on the high school equivalency test, and shall
administer a post-test upon completion of the program in compliance
with the state-approved assessment policy.
(c) A funding recipient shall receive funding according to
subsection (9) for a participant, and a participant may be enrolled
in the program until 1 of the following occurs:
(i) The participant achieves a high school equivalency
certificate.
(ii) The participant fails to show progress on 2 successive
department-approved assessments used to determine readiness to take
a high school equivalency test after having completed at least 450
hours of instruction.
(8) A high school completion program operated on a year-round
or school year basis may be funded under this section, subject to
all of the following:
(a) The program enrolls adults who do not have a high school
diploma.
(b) The program tests participants described in subdivision
(a) before enrollment and upon completion of the program in
compliance with the state-approved assessment policy.
(c) A funding recipient shall receive funding according to
subsection (9) for a participant in a course offered under this
subsection until 1 of the following occurs:
(i) The participant passes the course and earns a high school
diploma.
(ii) The participant fails to earn credit in 2 successive
semesters or terms in which the participant is enrolled after
having completed at least 900 hours of instruction.
(9) A funding recipient shall receive payments under this
section in accordance with all of the following:
(a) Statewide allocation criteria, including 3-year average
enrollments, census data, and local needs.
(b) Participant completion of the adult basic education
objectives by achieving an educational gain as determined by the
national reporting system levels; for achieving basic English
proficiency, as determined by the department; for achieving a high
school equivalency certificate or passage of 1 or more individual
high school equivalency tests; for attainment of a high school
diploma or passage of a course required for a participant to attain
a high school diploma; for enrollment in a postsecondary
institution, or for entry into or retention of employment, as
applicable.
(c) Participant completion of core indicators as identified in
the innovation and opportunity act.
(d) Allowable expenditures.
(10) A person who is not eligible to be a participant funded
under this section may receive adult education services upon the
payment of tuition. In addition, a person who is not eligible to be
served in a program under this section due to the program
limitations specified in subsection (6), (7), or (8) may continue
to receive adult education services in that program upon the
payment of tuition. The tuition level shall be determined by the
local or intermediate district conducting the program.
(11) An individual who is an inmate in a state correctional
facility shall not be counted as a participant under this section.
(12) A funding recipient shall not commingle money received
under this section or from another source for adult education
purposes with any other funds and shall establish a separate ledger
account for funds received under this section. This subsection does
not prohibit a district from using general funds of the district to
support an adult education or community education program.
(13) A funding recipient receiving funds under this section
may establish a sliding scale of tuition rates based upon a
participant's family income. A funding recipient may charge a
participant tuition to receive adult education services under this
section from that sliding scale of tuition rates on a uniform
basis. The amount of tuition charged per participant shall not
exceed the actual operating cost per participant minus any funds
received under this section per participant. A funding recipient
may not charge a participant tuition under this section if the
participant's income is at or below 200% of the federal poverty
guidelines published by the United States Department of Health and
Human Services.
(14) In order to receive funds under this section, a funding
recipient shall furnish to the department, in a form and manner
determined by the department, all information needed to administer
this program and meet federal reporting requirements; shall allow
the department or the department's designee to review all records
related to the program for which it receives funds; and shall
reimburse the state for all disallowances found in the review, as
determined by the department. In addition, a funding recipient
shall agree to pay to a career and technical education program
under section 61a the amount of funding received under this section
in the proportion of career and technical education coursework used
to satisfy adult basic education programming, as billed to the
funding recipient by programs operating under section 61a. In
addition to the funding allocated under subsection (1), there is
allocated an amount not to exceed $500,000.00 to reimburse funding
recipients for administrative expenses associated with commingling
programming under this section and section 61a. Payments made to
each funding recipient shall be in the same proportion as funding
calculated and allocated under subsection (4).
(15)
From the amount appropriated in subsection (1), an amount
not
to exceed $500,000.00 shall be allocated for 2017-2018 to not
more
than 1 pilot program that is located in a prosperity region
with
2 or more subregions and that connects adult education
participants
directly with employers by linking adult education,
career
and technical skills, and workforce development. To be
eligible
for funding under this subsection, a pilot program shall
provide
a collaboration linking adult education programs within the
county,
the area career/technical center, and local employers, and
shall
meet the additional criteria in subsections (16) and (17).
Funding
under this subsection for 2017-2018 is for the third of 3
years
of funding.
(16)
A pilot program funded under subsection (15) shall
require
adult education staff to work with Michigan works! agency
to
identify a cohort of participants who are most prepared to
successfully
enter the workforce. Participants identified under
this
subsection shall be dually enrolled in adult education
programming
and at least 1 technical course at the area
career/technical
center.
(17)
A pilot program funded under subsection (15) shall have
on
staff an adult education navigator who will serve as a
caseworker
for each participant identified under subsection (16).
The
navigator shall work with adult education staff and potential
employers
to design an educational program best suited to the
personal
and employment needs of the participant, and shall work
with
human service agencies or other entities to address any
barrier
in the way of participant access.
(18)
Not later than December 1, 2018, the pilot program funded
under
subsection (15) shall provide to the senate and house
appropriations
subcommittees on school aid, to the senate and house
fiscal
agencies, and to the state budget director a report
detailing
number of participants, graduation rates, and a measure
of
transitioning to employment.
(15) (19)
From the amount appropriated in
subsection (1), an
amount
not to exceed $2,000,000.00 $4,000,000.00
shall be allocated
for
2017-2018 2018-2019 for grants to not more than 5 pilot
intermediate
districts acting as fiscal agents for programs
that
are
additional to the pilot program funded under subsection (15) to
that connect adult education participants with employers as
provided
under this subsection. The grant to each eligible pilot
program
shall be up to $400,000.00. $350,000.00.
To be eligible for
funding under this subsection, a program must provide a
collaboration linking adult education programs within the county,
the area career and technical center, and local employers. To
receive
funding under this subsection, an eligible pilot program
shall satisfy all of the following:
(a)
Meets 1 of the following:
(i) Is located in prosperity region 1c.
(ii) Is located in prosperity region 2 and borders
prosperity
region
4.
(iii) Is located in prosperity region 4a and borders
prosperity
region 5.
(iv) Is located in prosperity region 5 and borders Lake
Huron.
(v) Is located in prosperity region 9 and borders a
neighboring
state.
(b)
Begins operations at the start of the 2017-2018 school
year.
(c)
Replicates the pilot program funded under subsection (15).
(d)
Meets the requirements under subsections (15), (16), and
(17)
for a pilot program funded under subsection (15).
(a) Shall connect adult education participants directly with
employers by linking adult education, career and technical skills,
and workforce development.
(b) Shall require adult education staff to work with Michigan
Works! agency to identify a cohort of participants who are most
prepared to successfully enter the workforce. Participants
identified under this subsection shall be dually enrolled in adult
education programming and at least 1 technical course at the area
career and technical center.
(c) Shall have an individual staffed as an adult education
navigator who will serve as a caseworker for each participant
identified under subdivision (b). The navigator shall work with
adult education staff and potential employers to design an
educational program best suited to the personal and employment
needs of the participant and shall work with human service agencies
or other entities to address any barrier in the way of participant
access.
(16) A program that was a pilot program in 2017-2018 and that
was funded under this section in 2017-2018 shall be funded in 2018-
2019 unless the program ceases operation. The intermediate district
in which that pilot program was funded shall be the fiscal agent
for that program and shall apply for that program's funding under
subsection (15).
(17) Each program funded under subsection (15) will receive
funding for 3 years. After 3 years of operations and funding, a
program must reapply for funding.
(18) (20)
Not later than December 1, 2018,
2019, a pilot
program
funded under subsection (19) (15)
shall provide a report to
the senate and house appropriations subcommittees on school aid, to
the senate and house fiscal agencies, and to the state budget
director identifying the number of participants, graduation rates,
and a measure of transition to employment.
(19) (21)
The department shall approve at
least 3 high school
equivalency tests and determine whether a high school equivalency
certificate meets the requisite standards for high school
equivalency in this state.
(20) (22)
As used in this section:
(a) "Career and educational advisory council" means an
advisory council to the local workforce development boards located
in a prosperity region consisting of educational, employer, labor,
and parent representatives.
(b) (a)
"Career pathway" means a
combination of rigorous and
high-quality education, training, and other services that comply
with all of the following:
(i) Aligns with the skill needs of industries in the economy
of this state or in the regional economy involved.
(ii) Prepares an individual to be successful in any of a full
range of secondary or postsecondary education options, including
apprenticeships registered under the act of August 16, 1937
(commonly known as the "national apprenticeship act"), 29 USC 50 et
seq.
(iii) Includes counseling to support an individual in
achieving the individual's education and career goals.
(iv) Includes, as appropriate, education offered concurrently
with and in the same context as workforce preparation activities
and training for a specific occupation or occupational cluster.
(v) Organizes education, training, and other services to meet
the particular needs of an individual in a manner that accelerates
the educational and career advancement of the individual to the
extent practicable.
(vi) Enables an individual to attain a secondary school
diploma or its recognized equivalent, and at least 1 recognized
postsecondary credential.
(vii) Helps an individual enter or advance within a specific
occupation or occupational cluster.
(c) (b)
"Department" means the
department of talent and
economic development.
(d) (c)
"Eligible adult education
provider" means a district,
intermediate district, a consortium of districts, a consortium of
intermediate districts, or a consortium of districts and
intermediate districts that is identified as part of the local
process described in subsection (5)(c) and approved by the
department.
Sec.
147. (1) The allocation for 2017-2018 2018-2019 for the
public school employees' retirement system pursuant to the public
school employees retirement act of 1979, 1980 PA 300, MCL 38.1301
to 38.1437, shall be made using the individual projected benefit
entry age normal cost method of valuation and risk assumptions
adopted by the public school employees retirement board and the
department of technology, management, and budget.
(2) The annual level percentage of payroll contribution rates
for
the 2017-2018 2018-2019 fiscal year, as determined by the
retirement system, are estimated as follows:
(a) For public school employees who first worked for a public
school reporting unit before July 1, 2010 and who are enrolled in
the health premium subsidy, the annual level percentage of payroll
contribution
rate is estimated at 36.88%, 38.39%,
with 25.56%
26.18% paid directly by the employer.
(b) For public school employees who first worked for a public
school reporting unit on or after July 1, 2010 and who are enrolled
in the health premium subsidy, the annual level percentage of
payroll
contribution rate is estimated at 35.60%, 36.60%, with
24.28%
24.39% paid directly by the employer.
(c) For public school employees who first worked for a public
school reporting unit on or after July 1, 2010 and who participate
in the personal healthcare fund, the annual level percentage of
payroll
contribution rate is estimated at 35.35%, 36.24%, with
24.03% paid directly by the employer.
(d) For public school employees who first worked for a public
school reporting unit on or after September 4, 2012, who elect
defined contribution, and who participate in the personal
healthcare fund, the annual level percentage of payroll
contribution
rate is estimated at 32.28%, 33.17%,
with 20.96% paid
directly by the employer.
(e) For public school employees who first worked for a public
school reporting unit before July 1, 2010, who elect defined
contribution, and who are enrolled in the health premium subsidy,
the annual level percentage of payroll contribution rate is
estimated
at 32.53%, 33.53%, with 21.21% 21.32% paid directly by
the employer.
(f) For public school employees who first worked for a public
school reporting unit before July 1, 2010, who elect defined
contribution, and who participate in the personal healthcare fund,
the annual level percentage of payroll contribution rate is
estimated
at 32.28%, 33.17%, with 20.96% paid directly by the
employer.
(g) For public school employees who first worked for a public
school reporting unit before July 1, 2010 and who participate in
the personal healthcare fund, the annual level percentage of
payroll
contribution rate is estimated at 36.63%, 38.03%, with
25.31%
25.82% paid directly by the employer.
(h) For public school employees who first worked for a public
school reporting unit after January 31, 2018 and who elect to
become members of the MPSERS plan, the annual level percentage of
payroll contribution rate is estimated at 39.37%, with 27.16% paid
directly by the employer.
(3) In addition to the employer payments described in
subsection (2), the employer shall pay the applicable contributions
to the Tier 2 plan, as determined by the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(4) The contribution rates in subsection (2) reflect an
amortization
period of 21 20 years for 2017-2018. 2018-2019. The
public school employees' retirement system board shall notify each
district and intermediate district by February 28 of each fiscal
year of the estimated contribution rate for the next fiscal year.
Sec. 147a. (1) From the appropriation in section 11, there is
allocated
for 2017-2018 2018-2019 an amount not to exceed
$100,000,000.00 for payments to participating districts, and there
is allocated for 2018-2019 an amount not to exceed $5,000,000.00 to
participating intermediate districts. A participating district or
participating intermediate district that receives money under this
subsection shall use that money solely for the purpose of
offsetting a portion of the retirement contributions owed by the
district or intermediate district for the fiscal year in which it
is received. The amount allocated to each participating district
under this subsection shall be based on each participating
district's percentage of the total statewide payroll for all
participating districts for the immediately preceding fiscal year.
The amount allocated to each participating intermediate district
under this subsection shall be based on each participating
intermediate district's percentage of the total statewide payroll
for all participating intermediate districts for the immediately
preceding fiscal year. As used in this subsection, "participating
district" or "participating intermediate district" means a district
or intermediate district that is a reporting unit of the Michigan
public school employees' retirement system under the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to
38.1437, and that reports employees to the Michigan public school
employees' retirement system for the applicable fiscal year.
(2) In addition to the allocation under subsection (1), from
the state school aid fund money appropriated under section 11,
there
is allocated an amount not to exceed $48,940,000.00 for 2017-
2018
$88,091,000.00 for 2018-2019 for payments to participating
districts and intermediate districts and from the general fund
money appropriated under section 11, there is allocated an amount
not
to exceed $29,000.00 for 2017-2018 $48,000.00 for 2018-2019 for
payments to participating district libraries. The amount allocated
to each participating entity under this subsection shall be based
on each participating entity's percentage of the total statewide
payroll for that type of participating entity for the immediately
preceding fiscal year. A participating entity that receives money
under this subsection shall use that money solely for the purpose
of offsetting a portion of the normal cost contribution rate. As
used in this subsection:
(a) "District library" means a district library established
under the district library establishment act, 1989 PA 24, MCL
397.171 to 397.196.
(b) "Participating entity" means a district, intermediate
district, or district library that is a reporting unit of the
Michigan public school employees' retirement system under the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1301 to 38.1437, and that reports employees to the Michigan
public school employees' retirement system for the applicable
fiscal year.
Sec. 147b. (1) The MPSERS retirement obligation reform reserve
fund is created as a separate account within the state school aid
fund.
(2) The state treasurer may receive money or other assets from
any source for deposit into the MPSERS retirement obligation reform
reserve fund. The state treasurer shall direct the investment of
the MPSERS retirement obligation reform reserve fund. The state
treasurer shall credit to the MPSERS retirement obligation reform
reserve fund interest and earnings from the MPSERS retirement
obligation reform reserve fund.
(3) Money available in the MPSERS retirement obligation reform
reserve fund shall not be expended without a specific
appropriation.
(4) Money in the MPSERS retirement obligation reform reserve
fund at the close of the fiscal year shall remain in the MPSERS
retirement obligation reform reserve fund and shall not lapse to
the state school aid fund or to the general fund. The department of
treasury shall be the administrator of the MPSERS retirement
obligation reform reserve fund for auditing purposes.
(5)
If the contributions described in section 43e of the
public
school employees retirement act of 1979, 1980 PA 300, MCL
38.1343e,
as that section was added by 2010 PA 75, are determined
by
a final order of a court of competent jurisdiction for which all
rights
of appeal have been exhausted to be constitutional and if
the
order for preliminary injunction in case no. 10-45-MM issued on
July
13, 2010 is lifted, the money placed in a separate interest
bearing
account as a result of implementing the preliminary
injunction
shall be deposited into the MPSERS retirement obligation
reform
reserve fund created in this section to be used solely for
health
care unfunded accrued liabilities.
(6)
For the fiscal year ending September 30, 2018,
$55,000,000.00
from the state school aid fund shall be deposited
into
the MPSERS retirement obligation reform reserve fund to be
used
for the purposes under section 147e.
Sec.
147c. (1) From the appropriation in section 11, there is
allocated
for 2017-2018 2018-2019 an amount not to exceed
$960,130,000.00
$1,032,000,000.00 from the state school aid fund
for payments to districts and intermediate districts that are
participating entities of the Michigan public school employees'
retirement system. In addition, from the general fund money
appropriated
in section 11, there is allocated for 2017-2018 2018-
2019
an amount not to exceed $654,000.00 $700,000.00 for payments
to district libraries that are participating entities of the
Michigan public school employees' retirement system. All of the
following apply to funding under this subsection:
(a)
For 2017-2018, 2018-2019, the amounts allocated under this
subsection are estimated to provide an average MPSERS rate cap per
pupil
amount of $640.00 $690.00 and are estimated to provide a rate
cap per pupil for districts ranging between $4.00 and
$3,020.00.$3,000.00.
(b) Payments made under this subsection shall be equal to the
difference between the unfunded actuarial accrued liability
contribution rate as calculated pursuant to section 41 of the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1341, as calculated without taking into account the maximum
employer rate of 20.96% included in section 41 of the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1341, and the
maximum employer rate of 20.96% included in section 41 of the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1341.
(c) The amount allocated to each participating entity under
this subsection shall be based on each participating entity's
proportion of the total covered payroll for the immediately
preceding fiscal year for the same type of participating entities.
A participating entity that receives funds under this subsection
shall use the funds solely for the purpose of retirement
contributions as specified in subdivision (d).
(d) Each participating entity receiving funds under this
subsection shall forward an amount equal to the amount allocated
under subdivision (c) to the retirement system in a form, manner,
and time frame determined by the retirement system.
(e) Funds allocated under this subsection should be considered
when comparing a district's growth in total state aid funding from
1 fiscal year to the next.
(f)
Not later than December 20, 2017, 2018, the department
shall publish and post on its website an estimated MPSERS rate cap
per pupil for each district.
(g) It is the intent of the legislature that any funds
allocated under this subsection are first applied to pension
contributions, and if any funds remain after that payment, those
remaining funds shall be applied to other postemployment benefit
contributions.
(h) As used in this subsection:
(i) "District library" means a district library established
under the district library establishment act, 1989 PA 24, MCL
397.171 to 397.196.
(ii) "MPSERS rate cap per pupil" means an amount equal to the
quotient of the district's payment under this subsection divided by
the district's pupils in membership.
(iii) "Participating entity" means a district, intermediate
district, or district library that is a reporting unit of the
Michigan public school employees' retirement system under the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1301 to 38.1437, and that reports employees to the Michigan
public school employees' retirement system for the applicable
fiscal year.
(iv) "Retirement board" means the board that administers the
retirement system under the public school employees retirement act
of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(v) "Retirement system" means the Michigan public school
employees' retirement system under the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(2)
In addition to the funds allocated under subsection (1),
from
the appropriation in section 11, there is allocated for 2017-
2018
only an amount not to exceed $200,000,000.00 for payments to
participating
entities. Notwithstanding section 17b, payments to
eligible
participating entities under this subsection shall be paid
in
1 installment no later than October 20, 2017. Payments under
this
subsection shall be made as follows:
(a)
The amount allocated to each participating entity under
this
subsection shall be based on each participating entity's
proportion
of the total covered payroll for the fiscal year ending
September
30, 2016. A participating entity that receives funds
under
this subsection shall use the funds solely for purposes of
this
subsection.
(b)
Each participating entity receiving funds under this
subsection
shall forward an amount equal to the sum of the amount
allocated
under this subsection and the amount allocated under
subsection
(1) to the retirement system in a form, manner, and time
frame
prescribed by the retirement system.
(c)
Payments under this subsection shall be used by the
retirement
system specifically for the payment or prepayment of the
final
years or partial years of any additional costs to the
retirement
system due to the operation of section 81b of the public
school
employees retirement act of 1979, 1980 PA 300, MCL 38.1381b,
without
regard to the amortization of those costs under section
81b(5)
of the public school employees retirement act of 1979, 1980
PA
300, MCL 38.1381b, and in a manner and form as determined by the
office
of retirement services.
(d)
As used in this subsection:
(i) "Participating entity" means a district,
intermediate
district,
community college, or district library that is a
reporting
unit of the Michigan public school employees' retirement
system
under the public school employees retirement act of 1979,
1980
PA 300, MCL 38.1301 to 38.1437, and that reports employees to
the
Michigan public school employees' retirement system for the
applicable
fiscal year.
(ii) "Retirement system" means the Michigan
public school
employees'
retirement system under the public school employees
retirement
act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
Sec. 147e. (1) From the appropriation in section 11, there is
allocated
for 2017-2018 2018-2019 an amount not to exceed
$23,100,000.00
$31,900,000.00 from the MPSERS retirement obligation
reform reserve fund and $5,700,000.00 from the state school aid
fund for payments to participating entities.
(2) The payment to each participating entity under this
section shall be the sum of the amounts under this subsection as
follows:
(a) An amount equal to the contributions made by a
participating entity for the additional contribution made to a
qualified participant's Tier 2 account in an amount equal to the
contribution made by the qualified participant not to exceed 3% of
the qualified participant's compensation as provided for under
section 131(6) of the public school employees retirement act of
1979,
1980 PA 300, MCL 38.1431. , if that act is amended by either
Senate
Bill No. 401 or House Bill No. 4647 of the 99th Legislature.
(b) Beginning October 1, 2017, an amount equal to the
contributions made by a participating entity for a qualified
participant who is only a Tier 2 qualified participant under
section 81d of the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1381d, not to exceed 4%, and, beginning
February 1, 2018, not to exceed 1%, of the qualified participant's
compensation. ,
if that act is amended by either Senate Bill No.
401
or House Bill No. 4647 of the 99th Legislature.
(c) An amount equal to the increase in employer normal cost
contributions under section 41b(2) of the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1341b, for a member
that was hired after February 1, 2018 and chose to participate in
Tier 1, compared to the employer normal cost contribution for a
member under section 41b(1) of the public school employees
retirement
act of 1979, 1980 PA 300, MCL 38.1341b.
, if section 41b
of
the public school employees retirement act of 1979, 1980 PA 300,
MCL
38.1341b, is amended by either Senate Bill No. 401 or House
Bill
No. 4647 of the 99th Legislature.
(3) As used in this section:
(a) "Member" means that term as defined under the public
school employees retirement act of 1979, 1980 PA 300, MCL 38.1301
to 38.1437.
(b) "Participating entity" means a district, intermediate
district, or community college that is a reporting unit of the
Michigan public school employees' retirement system under the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1301 to 38.1437, and that reports employees to the Michigan
public school employees' retirement system for the applicable
fiscal year.
(c) "Qualified participant" means that term as defined under
section 124 of the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1424.
Sec. 152a. (1) As required by the court in the consolidated
cases
known as Adair v State of Michigan, Adair v
State of
Michigan, 486 Mich 468 (2010), from the state school aid fund money
appropriated
in section 11 there is allocated for 2017-2018 2018-
2019 an amount not to exceed $38,000,500.00 to be used solely for
the purpose of paying necessary costs related to the state-mandated
collection, maintenance, and reporting of data to this state.
(2) From the allocation in subsection (1), the department
shall make payments to districts and intermediate districts in an
equal amount per-pupil based on the total number of pupils in
membership in each district and intermediate district. The
department shall not make any adjustment to these payments after
the final installment payment under section 17b is made.
Sec. 152b. (1) From the general fund money appropriated under
section 11, there is allocated an amount not to exceed
$2,500,000.00
for each fiscal year for 2016-2017 and for 2017-2018
$100.00 for 2018-2019 to reimburse actual costs incurred by
nonpublic schools in complying with a health, safety, or welfare
requirement mandated by a law or administrative rule of this state.
(2) By January 1 of each applicable fiscal year, the
department shall publish a form for reporting actual costs incurred
by a nonpublic school in complying with a health, safety, or
welfare requirement mandated under state law containing each
health, safety, or welfare requirement mandated by a law or
administrative rule of this state applicable to a nonpublic school
and with a reference to each relevant provision of law or
administrative rule for the requirement. The form shall be posted
on the department's website in electronic form.
(3) By June 30 of each applicable fiscal year, a nonpublic
school seeking reimbursement for actual costs incurred in complying
with a health, safety, or welfare requirement under a law or
administrative rule of this state during each applicable school
year shall submit a completed form described in subsection (2) to
the department. This section does not require a nonpublic school to
submit a form described in subsection (2). A nonpublic school is
not eligible for reimbursement under this section if the nonpublic
school does not submit the form described in subsection (2) in a
timely manner.
(4) By August 15 of each applicable fiscal year, the
department shall distribute funds to each nonpublic school that
submits a completed form described under subsection (2) in a timely
manner. The superintendent shall determine the amount of funds to
be paid to each nonpublic school in an amount that does not exceed
the nonpublic school's actual costs in complying with a health,
safety, or welfare requirement under a law or administrative rule
of this state. The superintendent shall calculate a nonpublic
school's actual cost in accordance with this section.
(5) If the funds allocated under this section are insufficient
to fully fund payments as otherwise calculated under this section,
the department shall distribute funds under this section on a
prorated or other equitable basis as determined by the
superintendent.
(6) The department may review the records of a nonpublic
school submitting a form described in subsection (2) only for the
limited purpose of verifying the nonpublic school's compliance with
this section. If a nonpublic school does not allow the department
to review records under this subsection, the nonpublic school is
not eligible for reimbursement under this section.
(7) The funds appropriated under this section are for purposes
related to education, are considered to be incidental to the
operation of a nonpublic school, are noninstructional in character,
and are intended for the public purpose of ensuring the health,
safety, and welfare of the children in nonpublic schools and to
reimburse nonpublic schools for costs described in this section.
(8) Funds allocated under this section are not intended to aid
or maintain any nonpublic school, support the attendance of any
student at a nonpublic school, employ any person at a nonpublic
school, support the attendance of any student at any location where
instruction is offered to a nonpublic school student, or support
the employment of any person at any location where instruction is
offered to a nonpublic school student.
(9) For purposes of this section, "actual cost" means the
hourly wage for the employee or employees performing a task or
tasks required to comply with a health, safety, or welfare
requirement under a law or administrative rule of this state
identified by the department under subsection (2) and is to be
calculated in accordance with the form published by the department
under subsection (2), which shall include a detailed itemization of
costs. The nonpublic school shall not charge more than the hourly
wage of its lowest-paid employee capable of performing a specific
task regardless of whether that individual is available and
regardless of who actually performs a specific task. Labor costs
under this subsection shall be estimated and charged in increments
of 15 minutes or more, with all partial time increments rounded
down. When calculating costs under subsection (4), fee components
shall be itemized in a manner that expresses both the hourly wage
and the number of hours charged. The nonpublic school may not
charge any applicable labor charge amount to cover or partially
cover the cost of health or fringe benefits. A nonpublic school
shall not charge any overtime wages in the calculation of labor
costs.
(10) For the purposes of this section, the actual cost
incurred by a nonpublic school for taking daily student attendance
shall be considered an actual cost in complying with a health,
safety, or welfare requirement under a law or administrative rule
of this state. Training fees, inspection fees, and criminal
background check fees are considered actual costs in complying with
a health, safety, or welfare requirement under a law or
administrative rule of this state.
(11)
The funds allocated under this section for 2016-2017
2018-2019 are a work project appropriation, and any unexpended
funds
for 2016-2017 2018-2019 are carried forward into 2017-2018.
2019-2020. The purpose of the work project is to continue to
reimburse nonpublic schools for actual costs incurred in complying
with a health, safety, or welfare requirement mandated by a law or
administrative rule of this state. The estimated completion date of
the
work project is September 30, 2019.2020.
Sec. 163. (1) Except as provided in the revised school code,
the board of a district or intermediate district shall not permit
any of the following:
(a)
A noncertificated educator An
individual who does not hold
a valid certificate or who is not working under a valid substitute
permit, authorization, or approval issued under rules promulgated
by
the department to teach in an
elementary or secondary school. or
in
an adult basic education or high school completion program.
(b)
A noncertificated educator An
individual who does not
satisfy the requirements of section 1233 of the revised school
code, MCL 380.1233, and rules promulgated by the department to
provide
counseling school
counselor services to pupils in an
elementary
or secondary school. or in an adult basic education or
high
school completion program.
(c)
A noncertificated educator to administer An individual who
does not satisfy the requirements of section 1246 of the revised
school code, MCL 380.1246, or who is not working under a valid
substitute permit issued under rules promulgated by the department,
to be employed as a superintendent, principal, or assistant
principal, or as an individual whose primary responsibility is to
administer instructional programs in an elementary or secondary
school,
or in an adult basic education or high school completion
program,
unless that educator is fulfilling applicable continuing
education
requirements.a district or
intermediate district.
(2) Except as provided in the revised school code, a district
or
intermediate district employing educators not legally
certificated
or licensed individuals in
violation of this section
shall
have deducted the sum equal to the amount paid the educators
individuals
for the period of noncertificated,
unlicensed, or
illegal
employment. Each intermediate
superintendent shall notify
the
department of the name of the noncertificated or unlicensed
educator,
individual employed in violation
of this section, and the
district employing that individual and the amount of salary the
noncertificated
or unlicensed educator individual
was paid within a
constituent district.
(3) If a school official is notified by the department that he
or
she is employing a nonapproved, noncertificated, or unlicensed
educator
an individual in violation of this section and knowingly
continues
to employ that educator, individual,
the school official
is
guilty of a misdemeanor , punishable
by a fine of $1,500.00 for
each incidence. This penalty is in addition to all other financial
penalties otherwise specified in this article.
Sec. 166b. (1) This act does not prohibit a parent or legal
guardian
of a minor who is enrolled in any of grades kindergarten 1
to 12 in a nonpublic school or who is being home-schooled from also
enrolling the minor in a district, public school academy, or
intermediate district in any curricular offering that is provided
by the district, public school academy, or intermediate district at
a public school site and is available to pupils in the minor's
grade level or age group, subject to compliance with the same
requirements that apply to a full-time pupil's participation in the
offering. However, state school aid shall be provided under this
act for a minor enrolled as described in this subsection only for a
curricular
offerings that are offering
that is restricted to
nonessential elective courses and is available to full-time pupils
in the minor's grade level or age group. For the purposes of this
subsection, a curricular offering includes optional experiences
associated with the curricular offering.
(2) This act does not prohibit a parent or legal guardian of a
minor
who is enrolled in any of grades kindergarten 1 to
12 in a
nonpublic
school or who resides within the a district and is being
home-schooled
from also enrolling the minor in the district in a
any nonessential elective curricular offering being provided by the
district
at the a nonpublic school site . However, state or that is
provided by the district, a public school academy, or an
intermediate district at a public school site, and that is
available to pupils in the minor's grade level or age group,
subject to compliance with the same requirements that apply to a
full-time pupil's participation in the offering. For the purposes
of this subsection, a curricular offering includes optional
experiences associated with the curricular offering. State school
aid shall be provided under this act for a minor enrolled as
described in this subsection only if all of the following apply:
(a) Either of the following:
(i) The nonpublic school site is located, or the nonpublic
students are educated, within the geographic boundaries of the
district.
(ii) If the nonpublic school has submitted a written request
to the district in which the nonpublic school is located for the
district to provide certain instruction under this subsection for a
school year and the district does not agree to provide some or all
of that instruction by May 1 immediately preceding that school year
or, if the request is submitted after March 1 immediately preceding
that school year, within 60 days after the nonpublic school submits
the request, the instruction is instead provided by an eligible
other district. This subparagraph does not require a nonpublic
school to submit more than 1 request to the district in which the
nonpublic school is located for that district to provide
instruction under this subsection, and does not require a nonpublic
school to submit an additional request to the district in which the
nonpublic school is located for that district to provide additional
instruction under this subsection beyond the instruction requested
in the original request, before having the instruction provided by
an eligible other district. A public school academy that is located
in the district in which the nonpublic school is located or in an
eligible other district also may provide instruction under this
subparagraph under the same conditions as an eligible other
district. As used in this subparagraph, "eligible other district"
means a district that is located in the same intermediate district
as the district in which the nonpublic school is located or is
located in an intermediate district that is contiguous to that
intermediate district.
(b) The nonpublic school is registered with the department as
a nonpublic school and meets all state reporting requirements for
nonpublic schools.
(c) The instruction is provided directly by a certified
teacher
at of the district, or public school academy, or at
an
intermediate district.
(d) The curricular offering is also available to full-time
pupils in the minor's grade level or age group in the district or
public school academy at a public school site.
(e) The curricular offering is restricted to nonessential
elective
courses for pupils in grades kindergarten 1 to 12.
(f) If a course has an associated optional experience, the
optional experience must also be available to full-time pupils in
the minor's grade level or age group.
(3) A nonessential course in grades 1 to 8 is a course other
than a mathematics, science, social studies, and English language
arts course required by the district for grade progression.
Nonessential courses in grades 9 to 12 are those other than algebra
1, algebra 2, English 9-12, geometry, biology, chemistry, physics,
economics, geography, American history, world history, the
Constitution, government, and civics, or courses that may fulfill
the same credit requirement as these courses. Nonessential elective
courses include courses offered by the local district for high
school credit that are also capable of generating postsecondary
credit, including, at least, advanced placement and international
baccalaureate courses. College level courses taken by high school
students for college credit are nonessential courses. Remedial
courses for any grade in the above-listed essential courses are
considered
essential. Kindergarten is considered nonessential.
(4) Subject to section 6(4)(ii), a minor enrolled as described
in this section is a part-time pupil for purposes of state school
aid under this act.
(5) A district that receives a written request to provide
instruction under subsection (2) shall reply to the request in
writing by May 1 immediately preceding the applicable school year
or, if the request is made after March 1 immediately preceding that
school year, within 60 days after the nonpublic school submits the
request. The written reply shall specify whether the district
agrees to provide or does not agree to provide the instruction for
each portion of instruction included in the request.
Sec. 169a. (1) A board member, official, or employee of a
district
or intermediate district shall not interfere with the
right
or ability of provide any
information received from the
Michigan
schools for the deaf and blind to provide information
about
the its residential program among to parents
and guardians of
pupils
or who are deaf,
deaf-blind, or hard of hearing and to any
residents of the district or intermediate district who request the
information.
(2) Upon determining that a pupil is deaf or hard of hearing,
a district or intermediate district shall provide to the pupil's
parent or legal guardian information, provided by the Michigan
coalition for deaf and hard of hearing persons, on educational
placement options for deaf and hard of hearing children.
(3) Upon determining that a pupil is blind, a district or
intermediate district shall provide to the pupil's parent or legal
guardian information, provided by the Michigan federation for the
blind, on educational placement options for blind children.
(4) A district or intermediate district that violates this
section shall forfeit an amount equal to 5% of the funds due to the
district or intermediate district under this article.
Enacting section 1. In accordance with section 30 of article
IX of the state constitution of 1963, total state spending from
state sources on state school aid under article I of the state
school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, as
amended by 2017 PA 143 and this amendatory act for fiscal year
2017-2018 is estimated at $12,846,177,300.00 and state
appropriations for school aid to be paid to local units of
government for fiscal year 2017-2018 are estimated at
$12,659,469,800.00. In accordance with section 30 of article IX of
the state constitution of 1963, total state spending on school aid
under article I of the state school aid act of 1979, 1979 PA 94,
MCL 388.1601 to 388.1772, as amended by this amendatory act from
state sources for fiscal year 2018-2019 is estimated at
$13,008,106,800.00 and state appropriations for school aid to be
paid to local units of government for fiscal year 2018-2019 are
estimated at $12,819,958,800.00.
Enacting section 2. Sections 21j, 22g, 31b, 35, 104d, and 104e
of the state school aid act of 1979, 1979 PA 94, MCL 388.1621j,
388.1622g, 388.1631b, 388.1635, 388.1704d, and 388.1704e, are
repealed effective October 1, 2018.
Enacting section 3. (1) Except as otherwise provided in
subsection (2), this amendatory act takes effect October 1, 2018.
(2) Sections 11, 11m, 22a, 22b, 24, 25f, 26a, 26c, 31d, 32d,
51a, 51c, 56, 62, and 94 of the state school aid act of 1979, 1979
PA 94, MCL 388.1611, 388.1611m, 388.1622a, 388.1622b, 388.1624,
388.1625f, 388.1626a, 388.1626c, 388.1631d, 388.1632d, 388.1651a,
388.1651c, 388.1656, 388.1662, and 388.1694, as amended by this
amendatory act, take effect upon enactment of this amendatory act.
