HB-4410, As Passed Senate, December 1, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4410

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1249, 1278a, and 1278b (MCL 380.1249,

 

380.1278a, and 380.1278b), section 1249 as added and section 1278a

 

as amended by 2009 PA 205 and section 1278b as amended by 2010 PA

 

80.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1249. (1) With the involvement of teachers and school

 

administrators, the board of a school district or intermediate

 

school district or board of directors of a public school academy

 

shall adopt and implement for all teachers and school

 

administrators a rigorous, transparent, and fair performance

 

evaluation effectiveness assessment system that does all of the

 


following:

 

     (a) Evaluates the teacher's or school administrator's job

 

performance at least annually while providing timely and

 

constructive feedback.

 

     (b) Establishes clear approaches to measuring student growth

 

and provides teachers and school administrators with relevant data

 

on student growth.

 

     (c) Evaluates a teacher's or school administrator's job

 

performance , using multiple rating categories that take into

 

account data on student growth as a significant factor. For these

 

purposes, student growth shall be measured by national, state, or

 

local assessments and other objective criteria. and assigns an

 

annual evaluation category that rates the teacher or school

 

administrator as "highly effective", "effective", or "ineffective".

 

All of the following apply to this evaluation and rating:

 

     (i) In assigning an annual evaluation category for an

 

individual educator, at least 45% of the total value of the annual

 

evaluation metric shall be based on student growth in academic

 

achievement.

 

     (ii) If state measures of student growth in academic

 

achievement are available, student growth in academic achievement

 

shall be measured by these state measures and may also be measured

 

by local measures of student growth in academic achievement.

 

Further, if state measures of student growth in academic

 

achievement are available in the content area or areas for which an

 

individual educator is responsible for student learning, as

 

determined locally, those state measures of student growth in

 


academic achievement shall account for at least 30% of the total

 

value of the annual evaluation metric.

 

     (iii) If state measures of student growth in academic

 

achievement are not available for a grade or subject area that is

 

applicable for an individual educator, student growth in academic

 

achievement may be based solely on local measures of student growth

 

in academic achievement.

 

     (d) Uses the evaluations, at a minimum, to inform decisions

 

regarding all of the following:

 

     (i) The effectiveness of teachers and school administrators,

 

ensuring that they are given ample opportunities for improvement.

 

     (ii) Promotion, retention, and development of teachers and

 

school administrators, including providing relevant coaching,

 

instruction support, or professional development.

 

     (iii) Whether to grant tenure or full certification, or both, to

 

teachers and school administrators using rigorous standards and

 

streamlined, transparent, and fair procedures. The evaluations

 

shall be used for decisions regarding teacher tenure as provided in

 

1937 (Ex Sess) PA 4, MCL 38.71 to 38.191.

 

     (iv) Removing ineffective tenured and untenured teachers and

 

school administrators after they have had ample opportunities to

 

improve, and ensuring that these decisions are made using rigorous

 

standards and streamlined, transparent, and fair procedures and,

 

for tenured teachers, in accordance with 1937 (Ex Sess) PA 4, MCL

 

38.71 to 38.191.

 

     (2) For an evaluation of a teacher, the effectiveness

 

assessment system under subsection (1) shall provide for an appeal

 


process that allows the effectiveness assessment to be appealed to

 

the superintendent of the school district or intermediate school

 

district, or his or her designee, or to the chief administrator of

 

a public school academy.

 

     (3) For the purposes of the portion of the effectiveness

 

assessment system under subsection (1) that is not based on student

 

growth, the board of a school district or intermediate school

 

district or board of directors of a public school academy shall

 

develop and adopt a local standard of professional effectiveness.

 

Once a local standard of professional effectiveness is adopted by a

 

board or board of directors, the board or board of directors shall

 

not change the factors used in the local standard for at least 5

 

years. The local standard of professional effectiveness may

 

include, but is not limited to, any or all of the following

 

factors:

 

     (a) Effectiveness in implementing teaching methods.

 

     (b) Effectiveness in classroom management.

 

     (c) Pupil attendance.

 

     (d) Willingness to grow professionally.

 

     (e) Ability to relate to pupils, parents, staff, and

 

administrators.

 

     (4) As used in this section:

 

     (a) "Annual evaluation metric" means the overall measure used

 

to evaluate the effectiveness of an individual educator, within

 

which each type of evidence or component included in the annual

 

evaluation metric is scored and is combined with the other types of

 

evidence or components to give a single total score for the

 


individual educator's annual evaluation metric.

 

     (b) "Local assessment of academic achievement" means an

 

assessment of student academic achievement adopted by a school

 

district, intermediate school district, or public school academy.

 

     (c) "Local measure of student growth in academic achievement"

 

means a measure of student growth in academic achievement that is

 

calculated locally and is based on 1 or more local assessments of

 

academic achievement.

 

     (d) "Measure of student growth in academic achievement" means

 

a measure of the degree to which a pupil of a particular educator

 

achieved 1 year of growth for 1 year of instruction.

 

     (e) "One year of growth for 1 year of instruction" means as

 

follows:

 

     (i) For a pupil who was at least proficient in the previous

 

year, that the pupil has not reduced his or her distance above

 

proficiency from the previous year.

 

     (ii) For a pupil who was not proficient in the previous year,

 

that the pupil has become proficient or that the degree to which

 

the pupil is below proficient has been reduced at least to the

 

extent that if the same degree of improvement were observed

 

consecutively over 3 to 6 years, the pupil would become proficient.

 

     (f) "Proficient" means, for state assessments of academic

 

achievement, the cut score identified by the department as

 

proficient on that state assessment. For a local assessment of

 

academic achievement, proficient means the cut score identified

 

locally as proficient on the local assessment.

 

     (g) "State assessment of academic achievement" means an

 


assessment of academic achievement adopted by the department.

 

     (h) "State measure of student growth in academic achievement"

 

means a measure of student growth in academic achievement

 

calculated by the department based on 1 or more state assessments

 

of academic achievement.

 

     (i) "Total value of the evaluation metric" means the total

 

range of points an individual educator can achieve on his or her

 

annual evaluation metric.

 

     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

 

subject area content expectations developed by the department and

 

approved by the state board under section 1278b, including

 

completion of at least algebra I, geometry, and algebra II, 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, or a course in

 

financial literacy as described in section 1165. A pupil may

 

complete algebra II over 2 years with 2 credits awarded or over 1.5

 

years with 1.5 credits awarded for the purposes of this section and

 


section 1278b. A pupil also may partially or fully fulfill the

 

algebra II requirement by completing a department-approved formal

 

career and technical education program or curriculum that has

 

appropriate embedded mathematics content, such as a program or

 

curriculum in electronics, machining, construction, welding,

 

engineering, or renewable energy. Not later than 30 days after the

 

effective date of the amendatory act that added the immediately

 

preceding sentence, the department shall post on its website and

 

submit to the senate and house standing committees on education

 

guidelines for implementation of the immediately preceding

 

sentence. 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 the Michigan

 

merit examination 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,

 

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, 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.

 

     (iv) (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.

 

     (v) (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.

 

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

 

and 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) this

 

subdivision 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 who has completed

 

grade 9, a teacher who is currently teaching the pupil, who

 

currently teaches in or whose expertise is in a subject area

 

proposed to be modified by the personal curriculum, or who is

 

determined by the principal to have qualifications otherwise

 

relevant to developing a personal curriculum, or a school counselor

 

or school employee qualified to act in a counseling role under

 

section 1233 or 1233a 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). A teacher, school counselor, or school employee

 

qualified to act in a counseling role under section 1233 or 1233a

 

may contact a pupil's parent or legal guardian to discuss the

 

possibility and potential benefits of a personal curriculum under

 

this subsection for the pupil. 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 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, a teacher described in this

 

subdivision, 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. The teacher

 

included in the group developing the personal curriculum shall be a

 

teacher who is currently teaching the pupil, who currently teaches

 

in or whose expertise is in a subject area being modified by the

 

personal curriculum, or who is determined by the principal to have

 

qualifications otherwise relevant to the 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) The mathematics credit requirements of section

 

1278a(1)(a)(i) may be modified as part of a personal curriculum if

 

the pupil successfully completes at least 3-1/2 total credits of

 

the mathematics credits required under that section before

 

completing high school, including algebra I and geometry, and

 


successfully completes at least 1 mathematics course during his or

 

her final year of high school. The algebra II credit required under

 

that section may be modified as part of a personal curriculum under

 

this subsection if the pupil meets 1 or more of the following:

 

     (i) Successfully completes the same content as 1 semester of

 

algebra II, as determined by the department.

 

     (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.

 

     (iv) Successfully completes 1 semester of statistics or

 

functions and data analysis.

 

     (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 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

 

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, 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.

 

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

 

public school academy shall provide the opportunity for each pupil

 

to develop an educational development plan during grade 7, and

 

shall ensure that each pupil reviews his or her educational

 

development plan during grade 8 and revises it as appropriate

 

before he or she begins high school. An educational development

 

plan shall be developed, reviewed, and revised 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 school principal and shall be based on high school

 

readiness scores and a career pathways program or similar career

 

exploration program. An educational development plan shall be

 

designed to assist pupils to identify career development goals as

 

they relate to academic requirements.

 

     (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.

 

     (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.

 

     Enacting section 1. Section 1278b of the revised school code,

 

1976 PA 451, MCL 380.1278b, as amended by this amendatory act,

 

takes effect July 1, 2011.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 638 of the 95th Legislature is enacted into

 

law.