SB-0622, As Passed Senate, May 2, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 622

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1996 PA 160, entitled

 

"Postsecondary enrollment options act,"

 

by amending section 3 (MCL 388.513), as amended by 2005 PA 180.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) As used in this act:

 

     (a) "Community college" means a community college established

 

under the community college act of 1966, 1966 PA 331, MCL 389.1 to

 

389.195, or under part 25 of the revised school code, 1976 PA 451,

 

MCL 380.1601 to 380.1607, or a federal tribally controlled

 

community college located in this state that is recognized under

 

the tribally controlled community college colleges and universities

 

assistance act of 1978, 25 USC 1801 to 1852, and is determined by

 

the department to meet the requirements for accreditation by a


 

recognized regional accrediting body.

 

     (b) "Department" means the department of education.

 

     (c) "Eligible charges" means tuition and mandatory course

 

fees, material fees, and registration fees required by an eligible

 

institution for enrollment in an eligible course. Eligible charges

 

also include any late fees charged by an eligible postsecondary

 

institution due to the school district's or department of

 

treasury's failure to make a required payment according to the

 

timetable prescribed under this act. Eligible charges do not

 

include transportation or parking costs or activity fees.

 

     (d) "Eligible course" means a course offered by an eligible

 

postsecondary institution that is offered for postsecondary credit;

 

that is not offered by the school district or state approved

 

nonpublic school in which the eligible student is enrolled, or that

 

is offered by the school district or state approved nonpublic

 

school but is determined by the board of the school district its

 

governing board to not be available to the eligible student because

 

of a scheduling conflict beyond the eligible student's control;

 

that is an academic course not ordinarily taken as an activity

 

course; that is a course that the postsecondary institution

 

normally applies toward satisfaction of degree requirements; that

 

is not a hobby craft or recreational course; and that is in a

 

subject area other than physical education, theology, divinity, or

 

religious education. However, until the 2006-2007 school year, for

 

an eligible student who has not achieved state endorsement in all

 

subject areas under section 1279 of the revised school code, 1976

 

PA 451, MCL 380.1279, an eligible course is limited to a course in


 

a subject area for which he or she has achieved state endorsement,

 

a course in computer science or foreign language not offered by the

 

school district, or a course in fine arts as permitted by the

 

school district. Beginning with eligibility to participate under

 

this act during the 2006-2007 school year, for However, for an

 

eligible student who has not achieved a qualifying score in each

 

subject area on a readiness assessment or the Michigan merit

 

examination, as applicable for the student, an eligible course is

 

limited to a course in a subject area for which he or she has

 

achieved a qualifying score, a course in computer science or

 

foreign language not offered by the school district, or a course in

 

fine arts as permitted by the school district. For each individual

 

eligible student, unless there is a written agreement between the

 

eligible student's school district and the eligible postsecondary

 

institution to waive these limits, a course described in this

 

subdivision is not an eligible course if the eligible student's

 

enrollment in, and the payment of eligible charges under this act

 

for, the course would exceed the following limits:

 

     (i) Not more than 10 courses overall. This limit and the limits

 

under subparagraphs (ii) to (iv) do not apply to a course if the

 

eligible student does not receive tuition and fee support under

 

this act for that course.

 

     (ii) If the eligible student first enrolls in a course under

 

this act when the eligible student is in grade 9, not more than 2

 

courses during each academic year in the eligible student's first,

 

second, or third academic year of enrollment under this act in an

 

eligible postsecondary institution and not more than 4 courses


 

during the academic year in the eligible student's fourth academic

 

year of enrollment under this act in an eligible postsecondary

 

institution.

 

     (iii) If the eligible student first enrolls in a course under

 

this act when the eligible student is in grade 10, not more than 2

 

courses during the academic year in the eligible student's first

 

academic year of enrollment under this act in an eligible

 

postsecondary institution, not more than 4 courses during the

 

academic year in the eligible student's second academic year of

 

enrollment under this act in an eligible postsecondary institution,

 

and not more than 4 courses during the academic year in the

 

eligible student's third academic year of enrollment under this act

 

in an eligible postsecondary institution.

 

     (iv) Subject to the overall course limit under subparagraph

 

(i), if the eligible student first enrolls in a course under this

 

act when the eligible student is in grade 11 or 12, not more than 6

 

courses during either of those academic years of enrollment in an

 

eligible postsecondary institution.

 

     (e) "Eligible postsecondary institution" means a state

 

university, community college, or independent nonprofit degree-

 

granting college or university that is located in this state and

 

that chooses to comply with this act.

 

     (f) "Eligible student" means, except as otherwise provided in

 

this subdivision, a student enrolled in at least 1 high school

 

class in at least grade 11 in a school district or state approved

 

nonpublic school in this state, except a foreign exchange pupil

 

enrolled in a school district under a cultural exchange program or


 

a student who does not have at least 1 parent or legal guardian who

 

is a resident of this state. Until the 2006-2007 school year, to be

 

an eligible student a student must have achieved state endorsement

 

in all subject areas under section 1279 of the revised school code,

 

1976 PA 451, MCL 380.1279, and, However, subject to subsection (2),

 

the student shall not have been enrolled in high school for more

 

than 4 school years including the school year in which the student

 

seeks to enroll in an eligible course under this act. However, if

 

the student has not achieved state endorsement in all subject areas

 

under that section, the student is an eligible student only for the

 

limited purpose of enrolling in 1 or more eligible courses under

 

this act in a subject area for which he or she has achieved state

 

endorsement, in computer science or foreign language not offered by

 

the school district, or in fine arts as permitted by the school

 

district. Beginning with eligibility to participate under this act

 

during the 2006-2007 school year, to To be an eligible student, a

 

student who has not taken the Michigan merit examination must have

 

achieved a qualifying score in all subject areas on a readiness

 

assessment and a student who has taken the Michigan merit

 

examination must have achieved a qualifying score in all subject

 

areas on the Michigan merit examination, and, subject to subsection

 

(2), the student shall not have been enrolled in high school for

 

more than 4 school years including the school year in which the

 

student seeks to enroll in an eligible course under this act.

 

However, if the student has not achieved a qualifying score in all

 

subject areas on a readiness assessment or the Michigan merit

 

examination, as applicable for the student, the student is an


 

eligible student only for the limited purpose of enrolling in 1 or

 

more eligible courses under this act in a subject area for which he

 

or she has achieved a qualifying score, in computer science or

 

foreign language not offered by the school district, or in fine

 

arts as permitted by the school district. For the purposes of

 

determining the number of years a pupil has been enrolled in high

 

school, a pupil who is enrolled in high school for less than 90

 

days of a school year due to illness or other circumstances beyond

 

the control of the pupil or the pupil's parent or guardian is not

 

considered to be enrolled in high school for that school year.

 

     (g) "Intermediate school district" means that term as defined

 

in section 4 of the revised school code, 1976 PA 451, MCL 380.4.

 

     (h) "Michigan merit examination" means that examination

 

developed under section 1279g of the revised school code, 1976 PA

 

451, MCL 380.1279g.

 

     (i) "Qualifying score" means a score on a readiness assessment

 

or the Michigan merit examination that has been determined by the

 

superintendent of public instruction to indicate readiness to

 

enroll in a postsecondary course in that subject area under this

 

act.

 

     (j) "Readiness assessment" means assessment instruments that

 

are aligned with state learning standards; that are used nationally

 

to provide high school students with an early indication of college

 

readiness proficiency in English, mathematics, reading, social

 

studies, and science and may contain a comprehensive career

 

planning program; and that are approved by the superintendent of

 

public instruction for the purposes of this act.


 

     (k) "School district" means that term as defined in section 6

 

of the revised school code, 1976 PA 451, MCL 380.6, a local act

 

school district as defined in section 5 of the revised school code,

 

1976 PA 451, MCL 380.5, or a public school academy as defined in

 

section 5 of the revised school code, 1976 PA 451, MCL 380.5.

 

     (l) "State approved nonpublic school" means that term as

 

defined in section 6 of the revised school code, 1976 PA 451, MCL

 

380.6.

 

     (m) (l) "State university" means a state institution of higher

 

education described in section 4, 5, or 6 of article VIII of the

 

state constitution of 1963.

 

     (2) The superintendent of public instruction shall promulgate

 

rules establishing criteria and procedures under which a student

 

who has been enrolled in high school for more than 4 years but not

 

more than 5 years may be considered to be an eligible student. The

 

rules shall address special circumstances under which a student may

 

qualify to be considered an eligible student under this subsection

 

and may limit the number of courses in which a student who

 

qualifies under this subsection may enroll. For the purposes of

 

determining the number of years a pupil has been enrolled in high

 

school, a pupil who is enrolled in high school for less than 90

 

days of a school year due to illness or other circumstances beyond

 

the control of the pupil or the pupil's parent or guardian is not

 

considered to be enrolled for that school year.

 

     Enacting section 1. This amendatory act takes effect July 1,

 

2012.

 

     Enacting section 2. This amendatory act does not take effect


 

unless all of the following bills of the 96th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 623.

 

     (b) Senate Bill No. 709.

 

     (c) Senate Bill No. 710.