HB-4410, As Passed House, September 2, 2009

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4410

 

 

 

 

 

 

 

 

 

 

 

 

     [A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1278a and 1278b (MCL 380.1278a and 380.1278b),

 

section 1278a as amended by 2008 PA 316 and section 1278b as amended by

 

2007 PA 141.]

 

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1278a. (1) Except as otherwise provided in this section

 

or section 1278b, beginning with pupils entering grade 8 in 2006,

 

the board of a school district or board of directors of a public

 

school academy shall not award a high school diploma to a pupil

 

unless the pupil meets all of the following:

 

     (a) Has successfully completed all of the following credit

 

requirements of the Michigan merit standard before graduating from

 

high school:

 

     (i) At least 4 credits in mathematics that are aligned with


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subject area content expectations developed by the department and

 

approved by the state board under section 1278b, including

 

completion of at least 1 credit in algebra I, 1 credit in geometry

 

earned in a geometry course or the integrated equivalent in a

 

career and technical education course, and algebra II 1 credit

 

earned in either a course in financial literacy as described in

 

section 1165 or an algebra II course or the integrated equivalent

 

in a career and technical education course, or an integrated

 

sequence of this course content that consists of 3 credits, and an

 

additional mathematics credit, such as trigonometry, statistics,

 

precalculus, calculus, applied math, accounting, business math, a

 

retake of algebra II , a course in financial literacy as described

 

in section 1165 or the integrated equivalent in a career and

 

technical education course, a retake of algebra II, [a course in

 financial literacy as described in section 1165,] or a career and

technical education course with mathematics content approved by the

 

[board of the school district or board of directors of the public school

 academy]. A pupil may complete algebra II over 2 years with a

credit awarded for each of those years for the purposes of this

 

section and section 1278b. Each pupil must successfully complete at

 

least 1 mathematics course during his or her final year of high

 

school enrollment. This subparagraph does not require completion of

 

mathematics courses in any particular sequence.

 

     (ii) At least 3 credits in social science that are aligned with

 

subject area content expectations developed by the department and

 

approved by the state board under section 1278b, including

 

completion of at least 1 credit in United States history and

 

geography, 1 credit in world history and geography, 1/2 credit in

 

economics, and the civics course described in section 1166(2).


 

     (iii) At least 1 credit in subject matter that includes both

 

health and physical education aligned with guidelines developed by

 

the department and approved by the state board under section 1278b.

 

     (iv) At least 1 credit in visual arts, performing arts, or

 

applied arts, as defined by the department, that is aligned with

 

guidelines developed by the department and approved by the state

 

board under section 1278b.

 

     (v) The credit requirements specified in section 1278b(1).

 

     (b) Meets the online course or learning experience requirement

 

of this subsection. A school district or public school academy

 

shall provide the basic level of technology and internet access

 

required by the state board to complete the online course or

 

learning experience. For a pupil to meet this requirement, the

 

pupil shall meet either of the following, as determined by the

 

school district or public school academy:

 

     (i) Has successfully completed at least 1 course or learning

 

experience that is presented online, as defined by the department.

 

     (ii) The pupil's school district or public school academy has

 

integrated an online experience throughout the high school

 

curriculum by ensuring that each teacher of each course that

 

provides the required credits of the Michigan merit curriculum has

 

integrated an online experience into the course.

 

     (2) In addition to the requirements under subsection (1),

 

beginning with pupils entering grade 3 in 2006, the board of a

 

school district or board of directors of a public school academy

 

shall not award a high school diploma to a pupil unless the pupil

 

has successfully completed during grades 9 to 12 at least 2


 

credits, as determined by the department, in a language other than

 

English, or the pupil has successfully completed at any time during

 

grades K to 12 course work or other learning experiences that are

 

substantially equivalent to 2 credits in a language other than

 

English, based on guidelines developed by the department. For the

 

purposes of this subsection, all of the following apply:

 

     (a) American sign language is considered to be a language

 

other than English.

 

     (b) The pupil may meet all or part of this requirement with

 

online course work.

 

     (3) The requirements under this section and section 1278b for

 

a high school diploma are in addition to any local requirements

 

imposed by the board of a school district or board of directors of

 

a public school academy. The board of a school district or board of

 

directors of a public school academy, as a local requirement for a

 

high school diploma, may require a pupil to complete some or all of

 

the subject area assessments under section 1279 or the Michigan

 

merit examination under section 1279g, as applicable to the pupil

 

under section 1279g, or may require a pupil to participate in the

 

MIAccess assessments if appropriate for the pupil.

 

     (4) For the purposes of this section and section 1278b, all of

 

the following apply:

 

     (a) A pupil is considered to have completed a credit if the

 

pupil successfully completes the subject area content expectations

 

or guidelines developed by the department that apply to the credit.

 

     (b) A school district or public school academy shall base its

 

determination of whether a pupil has successfully completed the


 

subject area content expectations or guidelines developed by the

 

department that apply to a credit at least in part on the pupil's

 

performance on the assessments developed or selected by the

 

department under section 1278b or on 1 or more assessments

 

developed or selected by the school district or public school

 

academy that measure a pupil's understanding of the subject area

 

content expectations or guidelines that apply to the credit.

 

     (c) A school district or public school academy shall also

 

grant a pupil a credit if the pupil earns a qualifying score, as

 

determined by the department, on the assessments developed or

 

selected for the subject area by the department under section 1278b

 

or the pupil earns a qualifying score, as determined by the school

 

district or public school academy, on 1 or more assessments

 

developed or selected by the school district or public school

 

academy that measure a pupil's understanding of the subject area

 

content expectations or guidelines that apply to the credit.

 

     (5) If a high school is designated by the superintendent of

 

public instruction as a specialty school and the high school meets

 

the requirements of subsection (6), then the pupils of the high

 

school are not required to successfully complete the 4 credits in

 

English language arts required under section 1278b(1)(a) or the 3

 

credits in social science required under subsection (1)(a)(ii) and

 

the school district or public school academy is not required to

 

ensure that each pupil is offered the curriculum necessary for

 

meeting those English language arts or social science credit

 

requirements. The superintendent of public instruction may

 

designate up to 15 high schools that meet the requirements of this


 

subsection as specialty schools. Subject to this maximum number,

 

the superintendent of public instruction shall designate a high

 

school as a specialty school if the superintendent of public

 

instruction finds that the high school meets all of the following

 

criteria:

 

     (a) The high school incorporates a significant reading and

 

writing component throughout its curriculum.

 

     (b) The high school uses a specialized, innovative, and

 

rigorous curriculum in such areas as performing arts, foreign

 

language, extensive use of internships, or other learning

 

innovations that conform to pioneering innovations among other

 

leading national or international high schools.

 

     (6) A high school that is designated by the superintendent of

 

public instruction as a specialty school under subsection (5) is

 

only exempt from requirements as described under subsection (5) as

 

long as the superintendent of public instruction finds that the

 

high school continues to meet all of the following requirements:

 

     (a) The high school clearly states to prospective pupils and

 

their parents that it does not meet the requirements of the

 

Michigan merit standard under this section and section 1278b but is

 

a designated specialty school that is exempt from some of those

 

requirements and that a pupil who enrolls in the high school and

 

subsequently transfers to a high school that is not a specialty

 

school meeting the requirements of this subsection will be required

 

to comply with the requirements of the Michigan merit standard

 

under this section and section 1278b.

 

     (b) For the most recent year for which the data are available,


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the mean scores on both the mathematics and science portions of the

 

ACT examination for the pupils of the high school exceed by at

 

least 10% the mean scores on the mathematics and science portions

 

of the ACT examination for the pupils of the school district in

 

which the greatest number of the pupils of the high school reside.

 

     (c) For the most recent year for which the data are available,

 

the high school had a graduation rate of at least 85%, as

 

determined by the department.

 

     (d) For the most recent year for which the data are available,

 

at least 75% of the pupils who graduated from the high school the

 

preceding year are enrolled in a postsecondary institution.

 

     (e) All pupils of the high school are required to meet the

 

mathematics credit requirements of subsection (1)(a)(i), with no

 

modification of these requirements under section 1278b(5), and each

 

pupil is offered the curriculum necessary to meet this requirement.

 

     (f) All pupils of the high school are required to meet the

 

science credit requirements of section 1278b(1)(b) and are also

 

required to successfully complete at least 1 additional science

 

credit, for a total of at least 4 science credits, with no

 

modification of these requirements under section 1278b(5), and each

 

pupil is offered the curriculum necessary to meet this requirement.

     [Sec. 1278b. (1) Except as otherwise provided in this section or

 section 1278a, beginning with pupils entering grade 8 in 2006, as part of the requirements under section 1278a the board of a school district or board of directors of a public school academy shall not award a high school diploma to a pupil unless the pupil has successfully completed all of the following credit requirements of the Michigan merit standard before graduating from high school:

     (a) At least 4 credits in English language arts that are aligned with subject area content expectations developed by the department and approved by the state board under this section.

     (b) At least 3 credits in science that are aligned with subject area content expectations developed by the department and approved by the state board under this section, including completion of at least biology and either chemistry or physics. The legislature strongly encourages pupils to complete a fourth credit in science, such as forensics,

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astronomy, Earth science, agricultural science, environmental science, geology, physics or chemistry, physiology, or microbiology.

     (c) The credit requirements specified in section 1278a(1)(a)(i) to (iv).

     (2) If a pupil successfully completes 1 or more of the high school credits required under subsection (1) or under section 1278a(1) before entering high school, the pupil shall be given high school credit for that credit.

     (3) For the purposes of this section and section 1278a, the department shall do all of the following:

     (a) Develop subject area content expectations that apply to the credit requirements of the Michigan merit standard that are required under subsection (1)(a) and (b) and section 1278a(1)(a)(i) and (ii) and develop guidelines for the remaining credit requirements of the Michigan merit standard that are required under this section and section 1278a(1)(a), for the online course or learning experience required under section 1278a(1)(b), and for the requirements for a language other than English under section 1278a(2). All of the following apply to these subject area content expectations and guidelines:

     (i) All subject area content expectations shall be consistent with the state board recommended model core academic curriculum content standards under section 1278. Subject area content expectations or guidelines shall not include attitudes, beliefs, or value systems that are not essential in the legal, economic, and social structure of our society and to the personal and social responsibility of citizens of our society. The subject area content expectations shall require pupils to demonstrate critical thinking skills.

     (ii) The subject area content expectations and the guidelines must be approved by the state board under subsection (4).

     (iii) The subject area content expectations shall state in clear and measurable terms what pupils are expected to know upon completion of each credit.

     (iv) The department shall complete the development of the subject area content expectations that apply to algebra I and the guidelines for the online course or learning experience under section 1278a(1)(b) not later than August 1, 2006.

     (v) The department shall complete development of the subject area content expectations or guidelines that apply to each of the other credits required in the Michigan merit standard under subsection (1) and section 1278a(1)(a) not later than 1 year before the beginning of the school year in which a pupil entering high school in 2007 would normally be expected to complete the credit.

     (vi) If the department has not completed development of the subject area content expectations that apply to a particular credit required in the Michigan merit standard under subsection (1) or section 1278a(1)(a) by the date required under this subdivision, a school district or public school academy may align the content of the credit with locally adopted standards.

     (vii) Until all of the subject area content expectations and

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guidelines have been developed by the department and approved by the state board, the department shall submit a report at least every 6 months to the senate and house standing committees responsible for education legislation on the status of the development of the subject area content expectations and guidelines. The report shall detail any failure by the department to meet a deadline established under subparagraph (iv) or (v) and the reasons for that failure.

     (b) Develop and implement a process for developing the subject area content expectations and guidelines required under this section. This process shall provide for all of the following:

     (i) Soliciting input from all of the following groups:

     (A) Recognized experts in the relevant subject areas.

     (B) Representatives from 4-year colleges or universities, community colleges, and other postsecondary institutions.

     (C) Teachers, administrators, and school personnel who have specialized knowledge of the subject area.

     (D) Representatives from the business community.

     (E) Representatives from vocational and career and technical education providers.

     (F) Government officials, including officials from the legislature.

     (G) Parents of public school pupils.

     (ii) A review of the subject area content expectations or guidelines by national experts.

     (iii) An opportunity for the public to review and provide input on the proposed subject area content expectations or guidelines before they are submitted to the state board for approval. The time period allowed for this review and input shall be at least 15 business days.

     (c) Determine the basic level of technology and internet access required for pupils to complete the online course or learning experience requirement of section 1278a(1)(b), and submit that determination to the state board for approval.

     (d) Develop and make available material to assist school districts and public school academies in implementing the requirements of this section and section 1278a. This shall include developing guidelines for alternative instructional delivery methods as described in subsection (7).

     (4) The state board shall approve subject area content expectations and guidelines developed by the department under subsection (3) before those subject area content expectations and guidelines may take effect. The state board also shall approve the basic level of technology and internet access required for pupils to complete the online course or learning experience requirement of section 1278a(1)(b).

     (5) The parent or legal guardian of a pupil may request a personal curriculum under this subsection for the pupil that modifies certain of the Michigan merit standard requirements under subsection (1) or section 1278a(1)(a). If all of the requirements under this subsection for a personal curriculum are met, then the board of a school district or board of directors of a public school academy may award a high school diploma to a pupil who successfully completes his or her personal curriculum even

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if it does not meet the requirements of the Michigan merit standard required under subsection (1) and section 1278a(1)(a). All of the following apply to a personal curriculum:

     (a) The personal curriculum shall be developed by a group that includes at least the pupil, at least 1 of the pupil's parents or the pupil's legal guardian, and the pupil's high school counselor or another designee qualified to act in a counseling role under section 1233 or 1233a selected by the high school principal. In addition, for a pupil who receives special education services, a school psychologist should also be included in this group.

     (b) The personal curriculum shall incorporate as much of the subject area content expectations of the Michigan merit standard required under subsection (1) and section 1278a(1)(a) as is practicable for the pupil; shall establish measurable goals that the pupil must achieve while enrolled in high school and shall provide a method to evaluate whether the pupil achieved these goals; and shall be aligned with the pupil's educational development plan developed under subsection (11).

     (c) Before it takes effect, the personal curriculum must be agreed to by the pupil's parent or legal guardian and by the superintendent of the school district or chief executive of the public school academy or his or her designee.

     (d) The pupil's parent or legal guardian shall be in communication with each of the pupil's teachers at least once each calendar quarter to monitor the pupil's progress toward the goals contained in the pupil's personal curriculum.

     (e) Revisions may be made in the personal curriculum if the revisions are developed and agreed to in the same manner as the original personal curriculum.

     (f) The English language arts credit requirements of subsection (1)(a) and the science credit requirements of subsection (1)(b) are not subject to modification as part of a personal curriculum under this subsection.

     (g) Except as otherwise provided in this subdivision, the mathematics credit requirements of section 1278a(1)(a)(i) may be modified as part of a personal curriculum only after the pupil has successfully completed at least 2-1/2 credits of the mathematics credits required under that section and only if the pupil successfully completes at least 3-1/2 total credits of the mathematics credits required under that section before completing high school. The requirement under that section that a pupil must successfully complete at least 1 mathematics course during his or her final year of high school enrollment is not subject to modification as part of a personal curriculum under this subsection. The algebra II credit required under that section may be modified as part of a personal curriculum under this subsection only if the pupil has successfully completed at least 2 credits of the mathematics credits required under section 1278a(1)(a)(i) and meets 1 or more of the following:

     (i) Has successfully completed the same content as 1 semester of algebra II, as determined by the department.

 

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     (ii) Elects to complete the same content as algebra II over 2 years, with a credit awarded for each of those 2 years, and successfully completes that content.

     (iii) Enrolls in a formal career and technical education program or curriculum and in that program or curriculum successfully completes the same content as 1 semester of algebra II, as determined by the department.

     (h) The social science credit requirements of section 1278a(1)(a)(ii) may be modified as part of a personal curriculum only if all of the following are met:

     (i) The pupil has successfully completed 2 credits of the social science credits required under section 1278a(1), including the civics course described in section 1166(2).

     (ii) The modification requires the pupil to complete 1 additional credit in English language arts, mathematics, or science or 1 additional credit in a language other than English. This additional credit must be in addition to the number of those credits otherwise required under subsection (1) and section 1278a(1) or under section 1278a(2).

     (i) The health and physical education credit requirement under section 1278a(1)(a)(iii) may be modified as part of a personal curriculum only if the modification requires the pupil to complete 1 additional credit in English language arts, mathematics, or science or 1 additional credit in a language other than English. This additional credit must be in addition to the number of those credits otherwise required under subsection (1) and section 1278a(1) or under section 1278a(2).

     (j) The visual arts, performing arts, or applied arts credit requirement under section 1278a(1)(a)(iv) may be modified as part of a personal curriculum only if the modification requires the pupil to complete 1 additional credit in English language arts, mathematics, or science or 1 additional credit in a language other than English. This additional credit must be in addition to the number of those credits otherwise required under subsection (1) and section 1278a(1) or under section 1278a(2).

     (k) If the parent or legal guardian of a pupil requests as part of the pupil's personal curriculum a modification of the Michigan merit standard requirements that would not otherwise be allowed under this section and demonstrates that the modification is necessary because the pupil is a child with a disability, the school district or public school academy may allow that additional modification to the extent necessary because of the pupil's disability if the group under subdivision (a) determines that the modification is consistent with both the pupil's educational development plan under subsection (11) and the pupil's individualized education program. If the superintendent of public instruction has reason to believe that a school district or a public school academy is allowing modifications inconsistent with the requirements of this subdivision, the superintendent of public instruction shall monitor the school district or public school academy to ensure that the school district's or public school academy's policies, procedures, and practices are in compliance with the requirements for

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additional modifications under this subdivision. As used in this subdivision, "child with a disability" means that term as defined in 20 USC 1401.

     (l) If a pupil transfers to a school district or public school academy from out of state or from a nonpublic school, the pupil's parent or legal guardian may request, as part of the pupil's personal curriculum, a modification of the Michigan merit standard requirements that would not otherwise be allowed under this section. The school district or public school academy may allow this additional modification for a transfer pupil if all of the following are met:

     (i) The transfer pupil has successfully completed at least the equivalent of 2 years of high school credit out of state or at a nonpublic school. The school district or public school academy may use appropriate assessment examinations to determine what credits, if any, the pupil has earned out of state or at a nonpublic school that may be used to satisfy the curricular requirements of the Michigan merit standard and this subdivision.

     (ii) The transfer pupil's personal curriculum incorporates as much of the subject area content expectations of the Michigan merit standard as is practicable for the pupil.

     (iii) The transfer pupil's personal curriculum requires the pupil to successfully complete at least 1 mathematics course during his or her final year of high school enrollment. In addition, if the transfer pupil is enrolled in the school district or public school academy for at least 1 full school year, both of the following apply:

     (A) The transfer pupil's personal curriculum shall require that this mathematics course is at least algebra I.

     (B) If the transfer pupil demonstrates that he or she has mastered the content of algebra I, the transfer pupil's personal curriculum shall require that this mathematics course is a course normally taken after completing algebra I.

     (iv) The transfer pupil's personal curriculum includes the civics course described in section 1166(2).

     (m) If a pupil is at least age 18 or is an emancipated minor, the pupil may act on his or her own behalf under this subsection.

     (n) This subsection does not apply to a pupil enrolled in a high school that is designated as a specialty school under section 1278a(5) and that is exempt under that section from the English language arts requirement under subsection (1)(a) and the social science credit requirement under section 1278a(1)(a)(ii).

     (6) If a pupil receives special education services, the pupil's individualized education program, in accordance with the individuals with disabilities education act, title VI of Public Law 91-230, shall identify the appropriate course or courses of study and identify the supports, accommodations, and modifications necessary to allow the pupil to progress in the curricular requirements of this section and section 1278a, or in a personal curriculum as provided under subsection (5), and meet the requirements for a high school diploma.

     (7) The board of a school district or board of directors of a

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public school academy that operates a high school shall ensure that each pupil is offered the curriculum necessary for the pupil to meet the curricular requirements of this section and section 1278a. The board or board of directors may provide this curriculum by providing the credits specified in this section and section 1278a, by using alternative instructional delivery methods such as alternative course work, humanities course sequences, career and technical education programs or courses, industrial technology courses, or vocational education, or by a combination of these. School districts and public school academies that operate career and technical education programs are encouraged to integrate the credit requirements of this section and section 1278a into those programs.

     (8) If the board of a school district or board of directors of a public school academy wants its high school to be accredited under section 1280, the board or board of directors shall ensure that all elements of the curriculum required under this section and section 1278a are made available to all affected pupils. If a school district or public school academy does not offer all of the required credits, the board of the school district or board of directors of the public school academy shall ensure that the pupil has access to the required credits by another means, such as enrollment in a postsecondary course under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524; enrollment in an online course; a cooperative arrangement with a neighboring school district or with a public school academy; or granting approval under section 6(6) of the state school aid act of 1979, MCL 388.1606, for the pupil to be counted in membership in another school district.

     (9) If a pupil is not successfully completing a credit required for graduation under this section and section 1278a, or is identified as being at risk of withdrawing from high school, then the pupil's school district or public school academy shall notify the pupil's parent or legal guardian or, if the pupil is at least age 18 or is an emancipated minor, the pupil, of the availability of tutoring or other supplemental educational support and counseling services that may be available to the pupil under existing state or federal programs, such as those programs or services available under section 31a of the state school aid act of 1979, MCL 388.1631a, or under the no child left behind act of 2001, Public Law 107-110.

     (10) To the extent required by the no child left behind act of 2001, Public Law 107-110, the board of a school district or public school academy shall ensure that all components of the curricular requirements under this section and section 1278a are taught by highly qualified teachers. If a school district or public school academy demonstrates to the department that the school district or public school academy is unable to meet the requirements of this section because the school district or public school academy is unable to hire enough highly qualified teachers, the department shall work with the school district or public school academy to develop a plan to allow the school district or public school academy to hire enough highly qualified teachers to meet the requirements of this section.

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     (11) The board of a school district or board of directors of a public school academy shall ensure that each pupil in grade 7 is provided with the opportunity to develop an educational development plan, and that each pupil has developed an educational development plan before he or she begins high school. An educational development plan shall be developed by the pupil under the supervision of the pupil's school counselor or another designee qualified to act in a counseling role under section 1233 or 1233a selected by the high school principal and shall be based on a career pathways program or similar career exploration program. In addition, if the pupil receives special education services, a school psychologist should also participate in developing the pupil's educational development plan.

     (12) Except as otherwise provided in this subsection, if a school district or public school academy is unable to implement all of the curricular requirements of this section and section 1278a for pupils entering grade 9 in 2007 or is unable to implement another requirement of this section or section 1278a, the school district or public school academy may apply to the department for permission to phase in 1 or more of the requirements of this section or section 1278a. To apply, the school district or public school academy shall submit a proposed phase-in plan to the department. The department shall approve a phase-in plan if the department determines that the plan will result in the school district or public school academy making satisfactory progress toward full implementation of the requirements of this section and section 1278a. If the department disapproves a proposed phase-in plan, the department shall work with the school district or public school academy to develop a satisfactory plan that may be approved. However, if legislation is enacted that adds section 1290 to allow school districts and public school academies to apply for a contract that waives certain state or federal requirements, then this subsection does not apply but a school district or public school academy may take action as described in subsection (13). This subsection does not apply to a high school that is designated as a specialty school under section 1278a(5) and that is exempt under that section from the English language arts requirement under subsection (1)(a) and the social science credit requirement under section 1278a(1)(a)(ii).

     (13) If a school district or public school academy does not offer all of the required credits or provide options to have access to the required credits as provided under subsection (8) and if legislation is enacted that adds section 1290 to allow school districts and public school academies to apply for a contract that waives certain state or federal requirements, then the school district or public school academy is encouraged to apply for a contract under section 1290. The purpose of a contract described in this subsection is to improve pupil performance.

     (14) This section and section 1278a do not prohibit a pupil from satisfying or exceeding the credit requirements of the Michigan merit standard under this section and section 1278a through advanced studies such as accelerated course placement, advanced placement, dual enrollment in a postsecondary institution, or participation in the international baccalaureate program or an early college/middle college program.

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     (15) Not later than April 1 of each year, the department shall submit an annual report to the legislature that evaluates the overall success of the curriculum required under this section and section 1278a, the rigor and relevance of the course work required by the curriculum, the ability of public schools to implement the curriculum and the required course work, and the impact of the curriculum on pupil success, and that details any activities the department has undertaken to implement this section and section 1278a or to assist public schools in implementing the requirements of this section and section 1278a.]