Michigan Legislative Website

Sec. 22h.

(1) From the state school aid fund money appropriated in section 11, there is allocated for 2011-2012 only an amount not to exceed $4,000,000.00 for distressed district student transition grants under this section. The department shall pay these grants to districts that qualify under subsection (2) or a district or intermediate district that qualifies under subsection (3). The amount of a distressed district student transition grant is an amount equal to $4,000.00 per qualifying pupil, adjusted by the pupil's full-time equated status as affected by the membership definition under section 6(4).

(2) A district qualifies for a distressed district student transition grant under this subsection if the district enrolls 1 or more qualifying pupils in the district. All of the following apply to a grant to a district that qualifies under this subsection:

(a) In order to be eligible for a grant, the district shall allow enrollment of qualifying pupils in the district beginning by not later than March 5, 2012.

(b) The total amount of the district's grant is the per pupil amount described in subsection (1) multiplied by the number of full-time equated qualifying pupils who are actually enrolled and in regular daily attendance in the district in grades K to 12 on March 22, 2012, as reported to the center for educational performance and information by not later than May 2, 2012. All pupil counts used in this subsection are as determined by the department and calculated by adding the number of pupils registered for attendance as defined by rules promulgated by the superintendent, and as corrected by a subsequent department audit.

(c) The district is not required to have the approval of the distressed district to enroll a qualifying pupil and receive a grant for the pupil under this subsection.

(d) The district offering to enroll qualifying pupils under this subsection may limit the number of qualifying pupils it accepts in a grade, school, or program, at its discretion, and may use that limit as the reason for refusal to enroll a qualifying pupil.

(e) A qualifying pupil shall not be granted or refused enrollment based on intellectual, academic, artistic, or other ability, talent, or accomplishment, or lack thereof, or based on a mental or physical disability, except that a district may refuse to admit a qualifying pupil if the applicant does not meet the same criteria, other than residence, that an applicant who is a resident of the district must meet to be accepted for enrollment in a grade or a specialized, magnet, or intradistrict choice school or program to which the applicant applies.

(f) A qualifying pupil shall not be granted or refused enrollment based on age, except that a district may refuse to admit a qualifying pupil applying for a program that is not appropriate for the age of the applicant.

(g) A qualifying pupil shall not be granted or refused enrollment based upon religion, race, color, national origin, sex, height, weight, marital status, or athletic ability, or, generally, in violation of any state or federal law prohibiting discrimination.

(h) A district may refuse to enroll a qualifying pupil if any of the following are met:

(i) The qualifying pupil is, or has been within the preceding 2 years, suspended from another school.

(ii) The qualifying pupil, at any time before enrolling under this section, has been expelled from another school.

(iii) The qualifying pupil, at any time before enrolling under this section, has been convicted of a felony.

(3) A district or intermediate district qualifies for a distressed district student transition grant under this subsection if the district or intermediate district is a party to a memorandum of agreement with a distressed district that has an emergency manager appointed for the distressed district under the local government and school district fiscal accountability act, 2011 PA 4, MCL 141.1501 to 141.1531, and the memorandum of agreement makes the other district or intermediate district the managing district for the distressed district and meets the other requirements under this subsection. All of the following apply to a grant under this subsection:

(a) The memorandum of agreement must meet all of the following requirements:

(i) Transfers the functions of managing the distressed district to the managing district and specifies the powers, duties, rights, obligations, functions, and responsibilities that are transferred to the managing district and the services to be provided by the managing district.

(ii) Ensures payment for the personnel of the distressed district as necessary for the education of the pupils who are counted in the distressed district under subdivision (b) for the remainder of the 2011-2012 school year.

(iii) Both the identity of the managing district and the content of the memorandum of agreement are approved by the state treasurer.

(iv) If the memorandum of agreement makes an intermediate district the managing district for the distressed district, the distressed district is located within that intermediate district.

(b) The total amount of the managing district's grant under this subsection is the per pupil amount described in subsection (1) multiplied by the number of full-time equated qualifying pupils who remain enrolled in the distressed district and who are actually enrolled and in regular daily attendance in the distressed district in grades K to 12 on March 22, 2012, as reported by the managing district to the center for educational performance and information by not later than May 2, 2012. All pupil counts used in this subsection are as determined by the department and calculated by adding the number of pupils registered for attendance as defined by rules promulgated by the superintendent, and as corrected by a subsequent department audit.

(4) Notwithstanding section 17b, grant payments under this section shall be paid on a schedule and in a manner determined by the department.

(5) As used in this section:

(a) "Distressed district" means a district that meets all of the following:

(i) Is located in a county with a population in excess of 800,000 as of the most recent decennial census.

(ii) Has received a deferred adjustment under section 15(2).

(iii) Levies a sinking fund tax under section 1212 of the revised school code, MCL 380.1212, of more than 4.5 mills.

(b) "Qualifying pupil" means a pupil who was counted in membership in a distressed district on the 2012 supplemental count day.