HOUSE BILL No. 5142

June 24, 2009, Introduced by Reps. Pearce, Ball, Agema, Haines, Moore and Dean and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1278a, 1278b, and 1279b (MCL 380.1278a,

 

380.1278b, and 380.1279b), section 1278a as amended by 2008 PA 316,

 

section 1278b as amended by 2007 PA 141, and section 1279b as added

 

by 1993 PA 335.

 

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

 

subject area content expectations developed by the department and

 

approved by the state board under section 1278b, including

 

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

 

algebra II credit, 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. 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.

 

     (2) The department shall develop, with state board approval, a

 

model policy regarding instruction in languages other than English.

 

This model policy shall address the grade levels in both the

 

elementary and secondary levels at which pupils learn languages

 

other than English most effectively and shall provide guidelines on

 

how to provide instruction in those grades. For the purposes of

 

this section, American sign language is considered a language other

 

than English. School districts and public school academies are

 

encouraged to provide instruction in accordance with this model

 

policy and are encouraged to provide instruction in the elementary

 

grades in languages other than English.

 

     (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,

 

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 1 biology credit, and either 1 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 credit, and an

 

additional science credit approved by the department. At least 1 of

 

the additional science credits approved by the department shall be

 

a credit in earth science.

 

     (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 policy regarding languages 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

 

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.

 

     (viii) The subject area content expectations for English

 

language arts shall include at least a focus on reading and


 

writing.

 

     (ix) The subject area content expectations for mathematics

 

shall focus on the study of measurement, properties, and

 

relationships of quantities and sets, using both numbers and

 

symbols.

 

     (x) The subject area content expectations for science shall

 

include at least the use of the scientific method to critically

 

evaluate scientific theories and using relevant scientific data to

 

assess the validity of those theories and formulate arguments for

 

and against those theories.

 

     (xi) The subject area content expectations for civics shall

 

include at least a focus on the constitution of the United States,

 

the constitution of this state, and the history and present form of

 

government of the United States and of this state and its political

 

subdivisions.

 

     (xii) The subject area content expectations for economics shall

 

include at least a focus on the fundamental concepts of

 

microeconomics, macroeconomics, international economics, and

 

personal finance.

 

     (xiii) The subject area content expectations for United States

 

history and geography shall include at least a focus on the history

 

of the American experiment of liberty under law and shall cover

 

American colonial heritage and the founding of the republic to

 

present day.

 

     (xiv) The subject area content expectations for world history

 

and geography shall include at least a focus on analyzing and

 

interpreting documents, accounts, artifacts, and historical sites


 

from the earliest civilizations to present day to understand the

 

long-term consequences of decisions or events.

 

     (xv) The guidelines for providing subject matter that includes

 

health and physical education shall be consistent with the Michigan

 

model for comprehensive school health education and with part 21.

 

     (xvi) The guidelines for providing instruction in visual and

 

performing arts shall include at least a focus on expanding a

 

pupil's creative capacity by providing firsthand experience with

 

works of art or music.

 

     (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, 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; shall be designed to prepare the pupil for employment after

 

graduation from high school or for enrollment in a 4-year college

 

or university, a community college, or a postsecondary trade,

 

technical, or vocational institution after graduation from high

 

school; 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) A group consisting of the same people as under subdivision

 

(a) shall at least annually review the pupil's progress toward the

 

goals contained in the pupil's personalized curriculum.

 

     (f) (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.

 

     (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 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).


 

     (g) (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.

 

     (h) (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 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 that operates a high school

 

shall ensure that each pupil entering high school has an

 

educational development plan before beginning high school. All of

 

the following apply to an educational development plan:

 

     (a) An educational development plan shall be based upon a

 

pupil's individual career or educational goals and shall identify

 

which courses the pupil should enroll in during each grade of high

 

school in order to achieve these goals. An educational development

 

plan shall meet all of the following:

 

     (i) Shall identify courses that are aligned with the pupil's

 

individual career or educational goals and that the pupil should

 

enroll in to complete the curriculum required under subsection (1).

 

     (ii) Shall identify elective courses that are aligned with the

 

pupil's individual career or educational goals and that will

 

prepare the pupil for employment after graduation from high school

 

or for enrollment in a 4-year college or university, a community

 

college, or a postsecondary trade, technical, or vocational

 

institution after graduation from high school.

 

     (iii) Shall identify measurable goals that a pupil should

 

achieve while enrolled in high school that indicate the pupil is

 

making progress toward the pupil's individual career or educational

 

goals.

 

     (b) An educational development plan shall be developed by the

 

pupil with the supervision of the counselor. The board of a school

 

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


 

ensure that the pupil's parents or the pupil's legal guardian has

 

the opportunity to participate in the development of the pupil's

 

educational development plan.

 

     (c) The board of a school district or the board of directors

 

of a public school academy shall periodically notify the pupil's

 

parent or the pupil's legal guardian about the pupil's progress

 

toward meeting the goals identified in the educational development

 

plan.

 

     (d) The pupil shall be provided the opportunity to annually

 

review and modify the pupil's educational development plan.

 

Modifications may be made in an educational development plan if the

 

modifications are developed in the same manner as the original

 

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.

 

     (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.

 

     Sec. 1279b. The board of a school district or board of

 

directors of a public school academy shall grant high school credit

 

in any course to a pupil enrolled in high school, but who is not

 

enrolled in the course, who has exhibited a reasonable level of

 

mastery of the subject matter of the course by attaining a grade of

 

not less than C+ in a final exam in the course, or, if there is no

 

final exam, by exhibiting that mastery through the basic assessment

 

used in the course which may consist of a portfolio, performance,

 

paper, project, or presentation. For the purpose of earning credit

 

under this section, any high school pupil may take the final

 

examination in any course. Credit earned under this section shall

 

be based on a "pass" grade and shall not be included in a

 

computation of grade point average for any purpose. Credit earned

 

under this section shall be counted for the purpose of determining

 

whether a pupil has met the requirements for a high school diploma

 

under sections 1278a and 1278b. Credit earned under this section


 

may or may not be counted toward local graduation requirements, as

 

the board of the school district or board of directors of the

 

public school academy may determine, but the board's or board of

 

directors' determination shall apply equally to all such credit for

 

all pupils and credit earned under this section shall be counted

 

toward fulfillment of a requirement for a subject area course and

 

shall be counted toward fulfillment of a requirement as to course

 

sequence. Once credit is earned under this section, a pupil may not

 

receive credit thereafter for a course lower in course sequence

 

concerning the same subject area.