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Michigan Compiled Laws Complete Through PA 30 of 2020
House: Adjourned until Tuesday, February 25, 2020 1:30:00 PM
Senate: Adjourned until Tuesday, February 25, 2020 10:00:00 AM


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Section 388.1635a

THE STATE SCHOOL AID ACT OF 1979 (EXCERPT)
Act 94 of 1979


388.1635a Professional development; allocations; screening and diagnostic tools; early literacy coaches; additional instructional time; report; literacy essentials teacher and principal training; professional development programs; summer school reading program.

Sec. 35a.

  (1) From the appropriations in section 11, there is allocated for 2019-2020 for the purposes of this section an amount not to exceed $57,400,000.00 from the state school aid 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 a top 10 state in grade 4 reading proficiency by 2025 according to the National Assessment of Educational Progress (NAEP).
  (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 must 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 allocation under subsection (1), there is allocated an amount not to exceed $31,500,000.00 for 2019-2020 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 must 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. The department shall provide this funding in the following manner:
  (i) The department shall award each intermediate district grant funding to support the cost of 1 early literacy coach in an equal amount per early literacy coach, not to exceed $112,500.00.
  (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 $112,500.00 per early literacy coach. The number of funded early literacy coaches for each intermediate district is 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.
  (c) If an intermediate district that receives funding under this subsection uses an assessment tool that screens for signs of dyslexia, the intermediate district shall use the assessment results from that assessment tool to identify pupils who demonstrate signs of dyslexia.
  (5) From the allocation under subsection (1), there is allocated an amount not to exceed $19,900,000.00 for 2019-2020 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 components:
  (A) Team-based leadership.
  (B) A tiered delivery system.
  (C) Selection and implementation of instruction, interventions, and supports.
  (D) A comprehensive screening and assessment system.
  (E) Continuous data-based decision making.
  (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) The department shall distribute funding allocated under this subsection to eligible districts 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 are prorated on an equal per-pupil basis based on grade 1 pupils.
  (6) Not later than September 1 of each year, a district that receives funding under subsection (4), (5), or (9), in conjunction with the Michigan data hub network, if possible, shall provide to the department a report that includes at least both of the following, in a form and manner prescribed by the department:
  (a) For pupils in grades K to 3, the pupils, schools, and grades served with funds under this section and the categories of services provided.
  (b) For pupils in grades K to 3, pupil proficiency and growth data that allows analysis both in the aggregate and by each of the following subgroups, as applicable:
  (i) School.
  (ii) Grade level.
  (iii) Gender.
  (iv) Race.
  (v) Ethnicity.
  (vi) Economically disadvantaged status.
  (vii) Disability.
  (viii) Pupils identified as having reading deficiencies.
  (7) From the allocation under subsection (1), there is allocated an amount not to exceed $1,000,000.00 for 2019-2020 to an intermediate district in which the combined total number of pupils in membership of all of its constituent districts is the fewest among all intermediate districts. All of the following apply to the funding under this subsection:
  (a) Funding under this subsection must be used by the intermediate district, in partnership with an association that represents intermediate district administrators in this state, to implement both of the following:
  (i) Literacy essentials teacher and principal training modules.
  (ii) Face-to-face and online professional learning of literacy essentials teacher and principal training modules for literacy coaches, principals, and teachers.
  (b) Not later than September 1 of each year, the intermediate district described in this subsection, in consultation with grant recipients, shall submit a report to the chairs of the senate and house appropriations subcommittees on state school aid and the chairs of the senate and house standing committees responsible for education legislation. The report described under this subdivision must include student achievement results in English language arts and survey results with feedback from parents and teachers regarding the initiatives implemented under this subsection.
  (8) If a district or intermediate district expends any funding received under subsection (4) or (5) for professional development in research-based effective reading instruction, the district or intermediate district shall select a professional development program from the list described under subdivision (a). All of the following apply to the requirement under this subsection:
  (a) The department shall issue a request for proposals for professional development programs in research-based effective reading instruction to develop an initial approved list of professional development programs in research-based effective reading instruction. The department shall complete and make the initial approved list public not later than December 1, 2019. After December 1, 2019, the department shall determine if it will, on a rolling basis, approve any new proposals submitted for addition to its initial approved list.
  (b) To be included as an approved professional development program in research-based effective reading instruction under subdivision (a), an applicant must demonstrate to the department in writing the program's competency in all of the following topics:
  (i) Understanding of phonemic awareness, phonics, fluency, vocabulary, and comprehension.
  (ii) Appropriate use of assessments and differentiated instruction.
  (iii) Selection of appropriate instructional materials.
  (iv) Application of research-based instructional practices.
  (c) As used in this subsection, "effective reading instruction" means reading instruction scientifically proven to result in improvement in pupil reading skills.
  (9) From the allocation under subsection (1), there is allocated for 2019-2020 only an amount not to exceed $5,000,000.00 for a summer school reading program for grade 3 pupils who did not score at least proficient on the English language arts portion of the Michigan student test of educational progress (M-STEP) and for pupils in grades K to 2 who are not reading at grade level. All of the following apply to the funding allocated under this subsection:
  (a) To be eligible for funding under this subsection, a district must apply in a form and manner prescribed by the department by not later than January 15, 2020.
  (b) The department shall award funding under this subsection not later than March 15, 2020.
  (c) The amount of funding to each eligible district is equal to the product of the quotient of $5,000,000.00 divided by the sum of the number of pupils determined by the department to have scored less than proficient on the English language arts portion of the 2019 grade 3 Michigan student test of educational progress (M-STEP) among all of the districts that apply and are eligible for funding for a summer school reading program under this subsection, multiplied by the number of pupils in the eligible district determined by the department to have scored less than proficient on the English language arts portion of the 2019 grade 3 Michigan student test of educational progress (M-STEP).
  (d) A district that is awarded funding under this subsection must prioritize its summer school reading program toward grade 3 pupils who scored less than proficient on the English language arts portion of the Michigan student test of educational progress (M-STEP), but may extend the program to any pupil in grades K to 2 who is not reading at grade level if the program has capacity.
  (10) Notwithstanding section 17b, the department shall make payments made under subsections (7) and (9) on a schedule determined by the department.
  
  


History: Add. 2015, Act 85, Eff. Oct. 1, 2015 ;-- Am. 2016, Act 249, Imd. Eff. June 27, 2016 ;-- Am. 2017, Act 108, Eff. Oct. 1, 2017 ;-- Am. 2017, Act 143, Imd. Eff. Nov. 2, 2017 ;-- Am. 2018, Act 265, Eff. Oct. 1, 2018 ;-- Am. 2018, Act 586, Imd. Eff. Dec. 28, 2018 ;-- Am. 2019, Act 58, Eff. Oct. 1, 2019 ;-- Am. 2019, Act 162, Imd. Eff. Dec. 20, 2019
Compiler's Notes: In subsection (1), as amended by Act 58 of 2019, the following phrase "and an amount not to exceed $3,000,000.00 from the talent investment fund" was vetoed by the governor on September 30, 2019.Subsection (7), as amended by Act 58 of 2019, was vetoed by the governor on September 30, 2019.Subsections (9) and (11), as added by Act 58 of 2019, were vetoed by the governor on September 30, 2019.


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