Bill Text: MI SB1188 | 2009-2010 | 95th Legislature | Introduced


Bill Title: Appropriations; higher education; higher education; provide for fiscal year 2010-2011. Creates appropriation act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-03 - Referred To Committee On Appropriations [SB1188 Detail]

Download: Michigan-2009-SB1188-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1188

 

 

EXECUTIVE BUDGET BILL

 

 

March 3, 2010, Introduced by Senator SWITALSKI and referred to the Committee on Appropriations.

 

 

 

     A bill to make appropriations for the state institutions of

 

higher education and certain state purposes related to education

 

for the fiscal year ending September 30, 2011; to provide for the

 

expenditures of those appropriations; and to prescribe the powers

 

and duties of certain state departments, institutions, agencies,

 

employees, and officers.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this bill,

 

the amounts listed in this part are appropriated for higher

 

education for the fiscal year ending September 30, 2011, from the

 

funds indicated in this part.

 


HIGHER EDUCATION

 

APPROPRIATION SUMMARY

 

   Full-time equated classified positions............ 1.0

 

GROSS APPROPRIATION.................................... $  1,578,278,500

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $              

 

   Federal revenues:

 

Total federal revenues.................................         4,500,000

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................        30,400,000

 

State general fund/general purpose..................... $  1,543,378,500

 

 

 

SUBPART A - RESEARCH UNIVERSITIES

 

 

 

   Sec. 102. MICHIGAN STATE UNIVERSITY

 

Operations............................................. $    291,841,700

 

Agricultural experiment station........................        34,198,900

 

Cooperative extension service..........................        29,497,000

 

GROSS APPROPRIATION.................................... $    355,537,600

 

    Appropriated from:

 

State general fund/general purpose..................... $    355,537,600

 

   Sec. 103. UNIVERSITY OF MICHIGAN - ANN ARBOR

 

Operations............................................. $     325,347,400

 


GROSS APPROPRIATION.................................... $    325,347,400

 

    Appropriated from:

 

State general fund/general purpose..................... $    325,347,400

 

   Sec. 104. WAYNE STATE UNIVERSITY

 

Operations............................................. $     220,329,200

 

GROSS APPROPRIATION.................................... $    220,329,200

 

    Appropriated from:

 

State general fund/general purpose..................... $    220,329,200

 

 

 

SUBPART B - STATE UNIVERSITIES

 

 

 

   Sec. 105. CENTRAL MICHIGAN UNIVERSITY

 

Operations............................................. $      82,436,000

 

GROSS APPROPRIATION.................................... $     82,436,000

 

    Appropriated from:

 

State general fund/general purpose..................... $     82,436,000

 

   Sec. 106. EASTERN MICHIGAN UNIVERSITY

 

Operations............................................. $      78,212,100

 

GROSS APPROPRIATION.................................... $     78,212,100

 

    Appropriated from:

 

State general fund/general purpose..................... $     78,212,100

 

   Sec. 107. FERRIS STATE UNIVERSITY

 

Operations............................................. $      50,017,100

 

GROSS APPROPRIATION.................................... $     50,017,100

 

    Appropriated from:

 

State general fund/general purpose..................... $     50,017,100

 

   Sec. 108. GRAND VALLEY STATE UNIVERSITY

 


Operations............................................. $      63,758,300

 

GROSS APPROPRIATION.................................... $     63,758,300

 

    Appropriated from:

 

State general fund/general purpose..................... $     63,758,300

 

   Sec. 109. LAKE SUPERIOR STATE UNIVERSITY

 

Operations............................................. $      13,059,200

 

GROSS APPROPRIATION.................................... $     13,059,200

 

    Appropriated from:

 

State general fund/general purpose..................... $     13,059,200

 

   Sec. 110. MICHIGAN TECHNOLOGICAL UNIVERSITY

 

Operations............................................. $      49,302,100

 

GROSS APPROPRIATION.................................... $     49,302,100

 

    Appropriated from:

 

State general fund/general purpose..................... $     49,302,100

 

   Sec. 111. NORTHERN MICHIGAN UNIVERSITY

 

Operations............................................. $      46,438,200

 

GROSS APPROPRIATION.................................... $     46,438,200

 

    Appropriated from:

 

State general fund/general purpose..................... $     46,438,200

 

   Sec. 112. OAKLAND UNIVERSITY

 

Operations............................................. $      52,220,800

 

GROSS APPROPRIATION.................................... $     52,220,800

 

    Appropriated from:

 

State general fund/general purpose..................... $     52,220,800

 

   Sec. 113. SAGINAW VALLEY STATE UNIVERSITY

 

Operations............................................. $      28,517,700

 

GROSS APPROPRIATION.................................... $     28,517,700

 


    Appropriated from:

 

State general fund/general purpose..................... $     28,517,700

 

   Sec. 114. UNIVERSITY OF MICHIGAN - DEARBORN

 

Operations............................................. $      25,437,100

 

GROSS APPROPRIATION.................................... $     25,437,100

 

    Appropriated from:

 

State general fund/general purpose..................... $     25,437,100

 

   Sec. 115. UNIVERSITY OF MICHIGAN - FLINT

 

Operations............................................. $      21,498,900

 

GROSS APPROPRIATION.................................... $     21,498,900

 

    Appropriated from:

 

State general fund/general purpose..................... $     21,498,900

 

   Sec. 116. WESTERN MICHIGAN UNIVERSITY

 

Operations............................................. $     112,766,800

 

GROSS APPROPRIATION.................................... $    112,766,800

 

    Appropriated from:

 

State general fund/general purpose..................... $    112,766,800

 

 

 

SUBPART C - GRANTS AND FINANCIAL AID

 

 

 

   Sec. 117. STATE AND REGIONAL PROGRAMS

 

   Full-time equated positions....................... 1.0

 

Higher education database modernization and

 

   conversion--1.0 FTE position......................... $        105,000

 

Midwestern higher education compact....................            95,000

 

GROSS APPROPRIATION.................................... $        200,000

 

    Appropriated from:

 


State general fund/general purpose..................... $        200,000

 

   Sec. 118. MARTIN LUTHER KING, JR. - CESAR CHAVEZ -

 

ROSA PARKS PROGRAM

 

Select student support services........................ $      1,956,100

 

Michigan college/university partnership program........           586,800

 

Morris Hood, Jr. educator development program..........           148,600

 

GROSS APPROPRIATION.................................... $      2,691,500

 

    Appropriated from:

 

State general fund/general purpose..................... $      2,691,500

 

   Sec. 119. GRANTS AND FINANCIAL AID

 

State competitive scholarships......................... $     16,208,500

 

Robert C. Byrd honors scholarship program..............         1,500,000

 

Tuition incentive program..............................        30,100,000

 

Children of veterans and officer’s survivor

 

   tuition programs.....................................         1,200,000

 

Project gear-up........................................         1,500,000

 

GROSS APPROPRIATION.................................... $     50,508,500

 

    Appropriated from:

 

   Federal revenues:

 

Higher education act of 1965, title IV, 20 USC.........         1,500,000

 

Higher education act of 1965, title IV, part A.........         1,500,000

 

United States department of education, office of

 

   elementary and secondary education, gear-up..........         1,500,000

 

   Special revenue funds:

 

Michigan merit award trust fund........................        30,100,000

 

Contributions to children of veterans tuition grant

 

   program..............................................           300,000

 


State general fund/general purpose..................... $     15,608,500

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

GENERAL SECTIONS

 

     Sec. 201. Pursuant to section 30 of article IX of the state

 

constitution of 1963, total state spending from state resources

 

under part 1 for fiscal year 2010-2011 is $1,573,778,500.00 and

 

state spending from state resources to be paid to local units of

 

government for fiscal year 2010-2011 is $0.

 

     Sec. 202. The appropriations authorized under this bill are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this bill, "research university" means a

 

public university classified as a "research university (very high

 

research activity)" under the 2005 classification of institutions

 

of higher education conducted by the Carnegie foundation for the

 

advancement of teaching.

 

     Sec. 208. Unless otherwise specified, public universities

 

receiving appropriations in part 1 shall use the Internet to

 

fulfill the reporting requirements of this bill. This requirement

 

may include transmission of reports via electronic mail to the

 

recipients identified for each reporting requirement, or it may

 

include placement of reports on an Internet or Intranet site.

 

     Sec. 209. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 


competitively priced and of comparable quality American goods and

 

services, or both, are available. Preference shall be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses if they are competitively priced and of comparable

 

value. In addition, preference should be given to goods or

 

services, or both, that are manufactured or provided by Michigan

 

businesses owned and operated by veterans if they are competitively

 

priced and of comparable quality.

 

     Sec. 210. Funds appropriated in part 1 to state institutions

 

of higher education shall not be used to enter into a lease for, or 

 

to purchase, a vehicle assembled or manufactured outside of the

 

United States if competitively priced and comparable quality

 

vehicles made in the state of Michigan or elsewhere in the United

 

States of America are available.

 

     Sec. 211. The principal executive officer of each state

 

university receiving appropriations in part 1 shall take all

 

reasonable steps to ensure businesses in deprived and depressed

 

communities compete for and perform contracts to provide services

 

or supplies, or both.  Each principal executive officer shall

 

strongly encourage firms with which the university contracts to

 

subcontract with certified businesses in depressed and deprived

 

communities for services, supplies, or both.

 

     Sec. 212. (1) The funds appropriated in part 1 to public

 

universities shall be paid out of the state treasury and

 

distributed by the state treasurer to the respective institutions

 

in 11 equal monthly installments on the sixteenth of each month, or

 

the next succeeding business day, beginning with October 16, 2010.

 


Except for Wayne State University, each institution shall accrue

 

its July and August 2011 payments to its institutional fiscal year

 

ending June 30, 2011.

 

     (2) All public universities shall submit higher education

 

institutional data inventory (HEIDI) data and associated financial

 

and program information requested by and in a manner prescribed by

 

the state budget director. For public universities with fiscal

 

years ending June 30, 2010 these data shall be submitted to the

 

state budget director by October 15, 2010. Public universities with

 

a fiscal year ending September 30, 2010 shall submit preliminary

 

HEIDI data by November 15, 2010 and final data by December 15,

 

2010. If a public university fails to submit HEIDI data and

 

associated financial aid program information in accordance with

 

this reporting schedule, the state treasurer may withhold the

 

monthly installments under subsection (1) to the public university

 

until those data are submitted.

 

     Sec. 213. Funds received by the state from the federal

 

government or private sources for the use of a college or

 

university are appropriated for the purposes for which they are

 

provided. The acceptance and use of federal or private funds do not

 

place an obligation upon the legislature to continue the purposes

 

for which the funds are made available.

 

     Sec. 215. A public university that receives funds under this

 

bill shall furnish all program and financial information that is

 

required by and in a manner prescribed by the state budget director

 

or the house or senate appropriations committee.

 

     Sec. 216. A public university receiving funds in part 1 shall

 


cooperate with all measures taken by the state to comply with the

 

state fiscal stabilization fund provisions of the American recovery

 

and reinvestment act of 2009, Public Law 111-5, requiring the

 

establishment of a statewide P-20 education longitudinal data

 

system.

 

GRANTS AND FINANCIAL AID

 

     Sec. 301. (1) Payments of the amounts included in part 1 for

 

the state competitive scholarship program shall be distributed

 

pursuant to 1964 PA 208, MCL 390.971 to 390.981.

 

     (2) The Michigan higher education assistance authority shall

 

implement a proportional competitive scholarship maximum award

 

level for recipients enrolled less than full-time in a given

 

semester or term.

 

     (3) If a student who receives an award under this section has

 

his or her tuition and fees paid under the Michigan educational

 

trust program, pursuant to the Michigan education trust act, 1986

 

PA 316, MCL 390.1421 to 390.1442, and still has financial need, the

 

funds awarded under this section may be used for educational

 

expenses other than tuition and fees.

 

     (4) If the Michigan higher education assistance authority

 

increases the maximum award per eligible student from that provided

 

in the previous fiscal year, it shall not have the effect of

 

reducing the number of eligible students receiving awards in

 

relation to the total number of eligible applicants. Any increase

 

in the maximum grant shall be proportional for all eligible

 

students receiving awards.

 

     (5) Veterans administration benefits shall not be considered

 


in determining eligibility under 1964 PA 208, MCL 390.971 to

 

390.981.

 

     Sec. 307. The auditor general may audit selected enrollments,

 

degrees, and awards at selected independent colleges and

 

universities receiving awards administered by the department of

 

treasury. The audits shall be based upon definitions and

 

requirements established by the Michigan higher education

 

assistance authority, the state budget director, and the senate and

 

house fiscal agencies. The auditor general shall accept the Free

 

Application for Federal Student Aid (FAFSA) form as the standard of

 

residency documentation. The auditor general shall submit a report

 

of findings to the senate and house appropriations committees and

 

state budget director by May 1, 2011.

 

     Sec. 308. The sums appropriated in part 1 for the student

 

financial aid programs shall be paid out of the state treasury and

 

shall be distributed to the respective institutions under a

 

quarterly payment system as follows:

 

     (a) For the state competitive scholarship and tuition

 

incentive programs, 40% shall be paid at the beginning of the

 

state's first fiscal quarter, 40% at the beginning of the state's

 

second fiscal quarter, l0% at the beginning of the state's third

 

fiscal quarter, and l0% at the beginning of the state's fourth

 

fiscal quarter.

 

     (b) For the Robert C. Byrd honors scholarship program, 50%

 

shall be paid at the beginning of the state's first fiscal quarter

 

and 50% at the beginning of the state's second fiscal quarter.

 

     Sec. 309. The Michigan higher education assistance authority

 


shall determine the needs analysis criteria for students to qualify

 

for the state competitive scholarship program. To be consistent

 

with federal requirements, student wages may be taken into

 

consideration when determining the amount of the award.

 

     Sec. 310. (1) The funds appropriated in part 1 for the tuition

 

incentive program shall be distributed as provided in this section

 

and pursuant to the administrative procedures for the tuition

 

incentive program of the department of treasury.

 

     (2) As used in this section "department" means the department

 

of treasury.

 

     (3) Payments under the tuition incentive program shall be made

 

on behalf of students for an academic period of 80 semester or 120

 

term credits, or less, leading to an associate degree or

 

certificate.

 

     (4) A person shall meet the following basic criteria and

 

financial thresholds to be eligible for tuition incentive benefits:

 

     (a) Apply for certification to the department before

 

graduating from high school or completing the general education

 

development (GED) certificate.

 

     (b) Be less than 20 years of age at the time of high school

 

graduation or GED completion.

 

     (c) Be a United States citizen and a resident of Michigan

 

according to institutional criteria.

 

     (d) Be at least a half-time student, earning less than 80

 

semester or 120 term credits at a participating educational

 

institution within 4 years of high school graduation or GED

 

certificate completion.

 


     (e) Request information on filing a FAFSA.

 

     (f) Be financially eligible as determined by the department. A

 

person is financially eligible for the tuition incentive program if

 

that person was Medicaid eligible for 24 months within the 36

 

months before application. Certification of eligibility may begin

 

in the sixth grade.

 

     (g) Not be incarcerated.

 

     (5) The department shall provide payment on behalf of a person

 

eligible under subsection (4) as follows:

 

     (a) Payments for associate degree or certificate programs

 

shall not be made for more than 80 semester or 120 term credits for

 

any individual student at any participating institution.

 

     (b) For persons enrolled at a Michigan community college, the

 

department shall pay the current in-district tuition and mandatory

 

fees. For persons residing in an area that is not included in any

 

community college district, the out-of-district tuition rate may be

 

authorized.

 

     (c) For persons enrolled at a Michigan public university, a

 

Michigan independent, nonprofit degree-granting college or

 

university, a Michigan federal tribally controlled community

 

college, or Focus: HOPE, the department shall pay mandatory fees

 

for the current year and a per-credit payment that does not exceed

 

the average community college in-district per-credit tuition rate

 

as reported on August 1, for the immediately preceding academic

 

year.

 

     (d) The department shall reject billings that are excessive or

 

outside the guidelines for the type of educational institution.

 


     (6) The department shall work closely with participating

 

institutions to develop an application and eligibility

 

determination process that will provide the highest level of

 

participation and ensure that all requirements of the program are

 

met.

 

     (7) Applications for the tuition incentive program may be

 

approved at any time after the student begins the sixth grade. If a

 

determination of financial eligibility is made, that determination

 

is valid as long as the student meets all other program

 

requirements and conditions.

 

     (8) Each institution shall ensure that all known available

 

restricted grants for tuition and fees are used prior to billing

 

the tuition incentive program for any portion of a student's

 

tuition and fees.

 

     (9) The department shall ensure that the tuition incentive

 

program is well publicized and that potentially eligible Medicaid

 

clients are provided information on the program. The department

 

shall provide the necessary funding and staff to fully operate the

 

program.

 

     Sec. 311. To enable the legislature and the state budget

 

director to evaluate the appropriation needs of higher education,

 

each independent college and university shall make available to the

 

legislature or state budget director, upon request, data regarding

 

grants for the preceding, current, and ensuing fiscal years.

 

     Sec. 315. By March 31 of each year, the department of treasury

 

shall submit a report to the state budget director, the house and

 

senate appropriations subcommittees on higher education, and the

 


house and senate fiscal agencies for the preceding fiscal year on

 

all student financial aid programs for which funds are appropriated

 

in part 1. For each student financial aid program, the report shall

 

include, but is not limited to, the total number of awards paid in

 

the preceding fiscal year, the total dollar amount of those awards,

 

and the number of students receiving awards and the total amount of

 

those awards at each eligible postsecondary institution. To the

 

extent information is available, the report shall also include

 

information on the average exam performance, household income, and

 

other demographic characteristics of students receiving awards

 

under each program and historical information on the number of

 

awards and total award amounts for each program.

 

UNIVERSITY OPERATIONS

 

     Sec. 433. (1) Included in part 1 is $2,982,900.00 for the

 

agricultural experiment station and $2,645,200.00 for the

 

cooperative extension service for project GREEEN. Project GREEEN is

 

intended to address critical regulatory, food safety, economic, and

 

environmental problems faced by this state's plant-based

 

agriculture, forestry, and processing industries. "GREEEN" is an

 

acronym for generating research and extension to meet environmental

 

and economic needs.

 

     (2) The department of agriculture and Michigan State

 

University, in consultation with agricultural commodity groups and

 

other interested parties, shall develop project GREEEN and its

 

program priorities.

 

     (3) Not later than September 30, 2011, a report shall be

 

submitted by Michigan State University to the state budget

 


director, the house and senate appropriations subcommittees on

 

agriculture and on higher education, and the house and senate

 

fiscal agencies for the preceding school fiscal year regarding

 

expenditures and programmatic outcomes of the agricultural

 

experiment station and cooperative extension service. The report

 

shall include, but is not limited to:

 

     (a) Total funds expended by the agricultural experiment

 

station and cooperative extension service identified by state,

 

local, private, federal, and university fund sources.

 

     (b) The dollar amount of each project GREEEN project and a

 

review of each project's performance and accomplishments.

 

     (c) The dollar amount of each bioeconomy research and

 

development project and a review of each project's performance and

 

accomplishments.

 

     (d) The dollar amount and description of all other individual

 

programs and services provided by the agricultural experiment

 

station and cooperative extension service and a review of each

 

project's performance and accomplishments.

 

     (e) The number of businesses created or that had increased

 

employment and the number of patents generated as a result of work

 

conducted by the agricultural experiment station and cooperative

 

extension service.

 

     Sec. 440. All public universities shall submit the amount of

 

tuition and fees actually charged to a full-time resident

 

undergraduate student for academic year 2010-2011 as part of their

 

higher education institutional data inventory (HEIDI) data by

 

August 31, 2010. A public university shall report any revisions for

 


any semester of the reported academic year 2010-2011 tuition and

 

fee charges to HEIDI within 15 days of being adopted.

 

     Sec. 460. From the amount appropriated in part 1 to Central

 

Michigan University for operations, $29,700.00 shall be paid to

 

Saginaw Chippewa Tribal College for the costs of waiving tuition

 

for North American Indians under 1976 PA 174, MCL 390.1251 to

 

390.1253.

 

     Sec. 461. From the amount appropriated in part 1 to Lake

 

Superior State University for operations, $100,000.00 shall be paid

 

to Bay Mills Community College for the costs of waiving tuition for

 

North American Indians under 1976 PA 174, MCL 390.1251 to 390.1253.

 

     Sec. 464. Each public university receiving an appropriation in

 

part 1 shall submit a plan by January 15, 2010 to the state budget

 

director, the house and senate appropriations subcommittees on

 

higher education, and the house and senate fiscal agencies on its

 

process to inform both the private and public sectors regarding

 

research and technology that could be developed commercially.

 

     Sec. 466. Public universities shall coordinate their purchases

 

of goods and services whenever possible. This may include, but is

 

not limited to, group purchases for vehicles, utilities, supplies,

 

electronic equipment, maintenance equipment, books, and contractual

 

services. To the extent possible, the public universities shall use

 

both the "Michigan delivering extended agreements locally" (MiDEAL)

 

purchasing services of the state department of technology,

 

management and budget that makes state contracts available to local

 

units of government, colleges, and universities and the purchasing

 

services available through the state's membership in the Midwestern

 


Higher Education Compact (MHEC). Not later than January 1 of each

 

year, the presidents council, state universities of Michigan shall

 

submit to the members of the house and senate appropriations

 

subcommittees on higher education, the house and senate fiscal

 

agencies, and the state budget director a report on group or pooled

 

purchases and the savings achieved by the public universities in

 

the previous fiscal year.

 

     Sec. 469. By November 14, 2009, each public university

 

receiving an appropriation in part 1 shall report the number of

 

undergraduate students who graduated in academic year 2009-2010 and

 

received a Pell grant at any time during their enrollment at that

 

university to the members of the house and senate appropriations

 

subcommittees on higher education, the house and senate fiscal

 

agencies, and the state budget director.

 

     Sec. 480. (1) Each public university receiving an

 

appropriation in part 1 is encouraged do all of the following:

 

     (a) Meet the provisions of section 5003 of the post-911

 

veterans educational assistance act of 2008, title V of Public Law

 

110-252, 38 USC 3301 to 3324, including voluntary participation in

 

the yellow ribbon GI education enhancement program established in

 

that act in 38 USC 3317.

 

     (b) Establish an on-campus veterans' liaison to provide

 

information and assistance to all student veterans.

 

     (c) Provide flexible enrollment application deadlines for all

 

veterans.

 

     (2) As used in this section, "veteran" means an honorably

 

discharged veteran entitled to educational assistance under the

 


provisions of section 5003 of the post-911 veterans educational

 

assistance act of 2008, title V of Public Law 110-252, 38 USC 3301

 

to 3324.

 

STATE AND REGIONAL PROGRAMS

 

     Sec. 490. The funds appropriated in part 1 for higher

 

education database modernization and conversion shall be expended

 

to maintain, coordinate, and improve the higher education

 

institutional data inventory (HEIDI) established under section 1299

 

of the management and budget act, 1984 PA 431, MCL 18.1299. The

 

advisory committee established under that section shall meet

 

regularly to review data definitions and requirements in order to

 

advise the state budget director regarding changes to those

 

definitions and requirements that would result in more useful and

 

reliable data being provided to state policymakers and university

 

officials.

 

MARTIN LUTHER KING, JR. - CESAR CHAVEZ - ROSA PARKS PROGRAMS

 

     Sec. 501. (1) Included in the appropriation for each public

 

university in part 1 is funding for the Martin Luther King, Jr. -

 

Cesar Chavez - Rosa Parks future faculty program that is intended

 

to increase the pool of academically or economically disadvantaged

 

candidates pursuing faculty teaching careers in postsecondary

 

education. Preference may not be given to applicants on the basis

 

of race, color, ethnicity, gender, or national origin. Institutions

 

should encourage applications from applicants who would otherwise

 

not adequately be represented in the graduate student and faculty

 

populations. Each public university shall apply the percentage

 

change applicable to every public university in the calculation of

 


appropriations in part 1 to the amount of funds allocated to the

 

future faculty program.

 

     (2) The program shall be administered by each public

 

university in a manner prescribed by the Michigan department of

 

energy, labor, and economic growth. The Michigan department of

 

energy, labor, and economic growth shall use a good faith effort

 

standard to evaluate whether a fellowship is in default.

 

     Sec. 502. (1) Included in the appropriation for each public

 

university in part 1 is funding for the Martin Luther King, Jr. -

 

Cesar Chavez - Rosa Parks college day program that is intended to

 

introduce academically or economically disadvantaged schoolchildren

 

to the potential of a college education. Preference may not be

 

given to participants on the basis of race, color, ethnicity,

 

gender, or national origin. Public universities should encourage

 

participation from those who would otherwise not adequately be

 

represented in the student population.

 

     (2) Individual program plans of each public university shall

 

include a budget of equal contributions from this program, the

 

participating public university, the participating school district,

 

and the participating independent degree-granting college. College

 

day funds shall not be expended to cover indirect costs. Not more

 

than 20% of the university match shall be attributable to indirect

 

costs. Each public university shall apply the percentage change

 

applicable to every public university in the calculation of

 

appropriations in part 1 to the amount of funds allocated to the

 

college day program.

 

     (3) The program described in this section shall be

 


administered by each public university in a manner prescribed by

 

the Michigan department of energy, labor, and economic growth.

 

     Sec. 503. (1) Included in part 1 is funding for the Martin

 

Luther King, Jr. - Cesar Chavez - Rosa Parks select student support

 

services program for developing academically or economically

 

disadvantaged student retention programs for 4-year public and

 

independent educational institutions in this state. Preference may

 

not be given to participants on the basis of race, color,

 

ethnicity, gender, or national origin. Institutions should

 

encourage participation from those who would otherwise not

 

adequately be represented in the student population.

 

     (2) An award made under this program to any 1 institution

 

shall not be greater than $150,000.00, and the amount awarded shall

 

be matched on a 70% state, 30% college or university basis.

 

     (3) The program described in this section shall be

 

administered by the Michigan department of energy, labor, and

 

economic growth.

 

     Sec. 504. (1) Included in part 1 is funding for the Martin

 

Luther King, Jr. - Cesar Chavez - Rosa Parks college/university

 

partnership program between 4-year public and independent colleges

 

and universities and public community colleges, which is intended

 

to increase the number of academically or economically

 

disadvantaged students who transfer from community colleges into

 

baccalaureate programs. Preference may not be given to participants

 

on the basis of race, color, ethnicity, gender, or national origin.

 

Institutions should encourage participation from those who would

 

otherwise not adequately be represented in the transfer student

 


population.

 

     (2) The grants shall be made under the program described in

 

this section to Michigan public and independent colleges and

 

universities. An award to any 1 institution shall not be greater

 

than $150,000.00, and the amount awarded shall be matched on a 70%

 

state, 30% college or university basis.

 

     (3) The program described in this section shall be

 

administered by the Michigan department of energy, labor, and

 

economic growth.

 

     Sec. 505. (1) Included in the appropriation for each public

 

university in part 1 is funding for the Martin Luther King, Jr. -

 

Cesar Chavez - Rosa Parks visiting professors program which is

 

intended to increase the number of instructors in the classroom to

 

provide role models for academically or economically disadvantaged

 

students. Preference may not be given to participants on the basis

 

of race, color, ethnicity, gender, or national origin. Public

 

universities should encourage participation from those who would

 

otherwise not adequately be represented in the student population.

 

     (2) The program described in this section shall be

 

administered by the Michigan department of energy, labor, and

 

economic growth.

 

     Sec. 506. (1) Included in the appropriation in part 1 is

 

funding under the Martin Luther King, Jr. - Cesar Chavez - Rosa

 

Parks initiative for the Morris Hood, Jr. educator development

 

program which is intended to increase the number of academically or

 

economically disadvantaged students who enroll in and complete K-12

 

teacher education programs at the baccalaureate level. Preference

 


may not be given to participants on the basis of race, color,

 

ethnicity, gender, or national origin. Institutions should

 

encourage participation from those who would otherwise not

 

adequately be represented in the teacher education student

 

population.

 

     (2) The program described in this section shall be

 

administered by each state-approved teacher education institution

 

in a manner prescribed by the Michigan department of energy, labor,

 

and economic growth.

 

     (3) Approved teacher education institutions may and are

 

encouraged to use student support services funding in coordination

 

with the Morris Hood, Jr. funding to achieve the goals of the

 

program described in this section.

 

     Sec. 507. Each institution receiving funds under section 503,

 

504, or 506 shall notify the Michigan department of energy, labor,

 

and economic growth by April 15, 2011 as to whether it will expend

 

by the end of its fiscal year the funds received under section 503,

 

504, or 506. Notwithstanding the award limitations in sections 503

 

and 504, the amount of funding reported as not being expended will

 

be reallocated to the institutions that intend to expend all

 

funding received under section 503, 504, or 506.

 

STUDENT PERFORMANCE REPORTING

 

     Sec. 601. (1) From the amount appropriated in part 1, the

 

public universities shall systematically inform Michigan high

 

schools regarding the academic status of students from each high

 

school in a manner prescribed by the presidents council, state

 

universities of Michigan in cooperation with the Michigan

 


association of secondary school principals.

 

     (2) The Michigan high schools shall systematically inform the

 

public universities about the use of information received under

 

this section in a manner prescribed by the Michigan association of

 

secondary school principals in cooperation with the presidents

 

council, state universities of Michigan.

 

     Sec. 602. From the amount appropriated in part 1, the public

 

universities shall inform Michigan community colleges regarding the

 

academic status of community college transfer students in a manner

 

prescribed by the presidents council, state universities of

 

Michigan in cooperation with the Michigan community college

 

association.

 

     Sec. 603. Public universities shall work with the state

 

community colleges to encourage the transfer of students from the

 

community colleges to the state universities and to facilitate the

 

transfer of credits from the community colleges to the public

 

universities.

 

GENERAL REPORTS AND AUDITS

 

     Sec. 701. (1) The auditor general shall review higher

 

education institutional data inventory (HEIDI) enrollment data

 

submitted by all public universities and may perform audits of

 

selected public universities if determined necessary. The review

 

and audits shall be based upon the definitions, requirements, and

 

uniform reporting categories established by the state budget

 

director in consultation with the HEIDI advisory committee. The

 

auditor general shall submit a report of findings to the house and

 

senate appropriations committees and the state budget director no

 


later than July 1, 2011.

 

     (2) Student credit hours reports shall not include the

 

following:

 

     (a) Student credit hours generated through instructional

 

activity by faculty or staff in classrooms located outside

 

Michigan, with the exception of instructional activity related to

 

study-abroad programs or field programs.

 

     (b) Student credit hours generated through distance learning

 

instruction for students not eligible for the public university's

 

in-state main campus resident tuition rate. However, in instances

 

where a student is enrolled in distance education and non-distance

 

education credit hours in a given term and the student's non-

 

distance education enrollment is at a campus or site located within

 

Michigan, student credit hours per the student's eligibility for

 

in-state or out-of-state tuition rates may be reported.

 

     (c) Student credit hours generated through credit by

 

examination.

 

     (d) Student credit hours generated through inmate prison

 

programs regardless of teaching location.

 

     (e) Student credit hours generated in new degree programs

 

after January 1, 1975, that have not been specifically authorized

 

for funding by the legislature, except spin-off programs converted

 

from existing core programs that do all of the following:

 

     (i) Represent new options, fields, or concentrations within

 

existing programs.

 

     (ii) Are consistent with the current institutional role and

 

mission.

 


     (iii) Are accommodated within the continuing funding base of the

 

public university.

 

     (iv) Do not require a new degree level beyond that which the

 

public university is currently authorized to grant within that

 

discipline or field.

 

     (v) Do not require funding from the state other than that

 

provided by the student credit hours generated within the program,

 

either before program initiation or within the first 3 years of

 

program operation.

 

     (3) The auditor general shall periodically audit higher

 

education institutional data inventory (HEIDI) data as submitted by

 

the public universities for compliance with the definitions

 

established by the state budget director in consultation with the

 

HEIDI advisory committee for the HEIDI database.

 

     (4) "Distance learning instruction" as used in subsection (2)

 

means instruction that occurs solely in other than a traditional

 

classroom setting where the student and instructor are in the same

 

physical location and for which a student receives course credits

 

and is charged tuition and fees. Examples of distance learning

 

instruction are instruction delivered solely through the Internet,

 

cable television, teleconference, or mail.

 

     Sec. 702. The principal executive officer of each public

 

university receiving an appropriation under part 1 shall expend a

 

portion of the funds appropriated to that public university to make

 

a report to the auditor general, the house and senate fiscal

 

agencies, and the state budget director within 60 days after the

 

auditor general issues his or her report on the operation of the

 


institution. The public university's report shall specify all of

 

the following:

 

     (a) The recommendations of the auditor general implemented by

 

the public university, including projected dates and resources

 

required, if any, to achieve compliance.

 

     (b) The recommendations of the auditor general not implemented

 

by the public university or implemented by the public university as

 

modified.

 

     (c) The rationale for not implementing a recommendation of the

 

auditor general or of implementing a recommendation as modified.

 

     Sec. 708. The auditor general may conduct performance audits

 

of public universities receiving funds in part 1 during the fiscal

 

year ending September 30, 2011 as the auditor general considers

 

necessary.

 

     Sec. 709. A public university receiving funds under part 1 and

 

also subject to the student right-to-know and campus security act,

 

Public Law 101-542, 104 Stat. 2381, shall make a copy of all

 

material prepared pursuant to the public information reporting

 

requirements under the crime awareness and campus security act of

 

1990, title II of the student right-to-know and campus security

 

act, Public Law 101-542, 104 Stat. 2381, available in electronic

 

Internet format on their websites.

 

     Sec. 714. A public university receiving funds under this bill

 

and also subject to the family educational rights and privacy act

 

(FERPA), 20 USC 1232g, 34 CFR part 99, shall, when requested,

 

provide information from the records of a student to any person or

 

persons to whom the student has authorized disclosure on a written

 


consent form pursuant to 34 CFR 99.30.

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