SB-0709, As Passed Senate, May 2, 2012

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 709

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 2000 PA 258, entitled

 

"Career and technical preparation act,"

 

by amending the title and sections 3a, 4, 7, 9, 10, and 11 (MCL

 

388.1903a, 388.1904, 388.1907, 388.1909, 388.1910, and 388.1911),

 

section 3a as added and section 9 as amended by 2004 PA 592.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to establish career and technical preparation

 

enrollment options for certain students enrolled in Michigan

 

schools; to prescribe certain duties of public schools, certain

 

nonpublic schools, and certain postsecondary institutions; to

 

prescribe certain powers and duties of certain state departments,

 

officials, and agencies; and to repeal acts and parts of acts.

 

     Sec. 3a. (1) Not later than July 1, 2005, the superintendent


 

of public instruction shall do both of the following:

 

     (a) Approve 1 or more readiness assessments that may be used

 

for the purposes of determining eligible students beginning with

 

participation in the 2006-2007 school year. Readiness assessments

 

shall be aligned with state learning standards and shall provide

 

high school students with an early indication of proficiency in the

 

subject areas of English, mathematics, reading, social studies, and

 

science and contain a comprehensive career planning program.

 

     (b) Determine qualifying scores for each subject area

 

component of a readiness assessment and for a nationally or

 

industry recognized job skills assessment test that indicate

 

readiness to enroll in a course under this act.

 

     (2) Not later than July 1, 2006, the superintendent of public

 

instruction shall determine qualifying scores for each subject area

 

component of the Michigan merit examination that indicate readiness

 

to enroll in a course under this act.

 

     (3) Unless the school district or state approved nonpublic

 

school in which the student is enrolled elects to pay these costs,

 

a student who takes a readiness assessment or a job skills

 

assessment test for the purposes of this act is responsible for

 

paying all costs for taking and obtaining qualifying scores on a

 

readiness assessment or a job skills assessment test for the

 

purposes of this act. This state is not responsible for any of

 

these costs.

 

     Sec. 4. (1) Upon request by the eligible student, the school

 

district or state approved nonpublic school in which an eligible

 

student is enrolled shall provide to the eligible student a letter


 

signed by the student's principal indicating the student's

 

eligibility under this act.

 

     (2) An eligible student may apply to a career and technical

 

preparation program to enroll in 1 or more eligible courses offered

 

by that career and technical preparation program and, if accepted,

 

may enroll in 1 or more of those courses.

 

     (3) Within for an eligible student enrolled in a school

 

district, within a reasonable time after registration, the career

 

and technical preparation program shall send written notice to the

 

eligible student and his or her school district. For an eligible

 

student enrolled in a state approved nonpublic school, within a

 

reasonable time after registration, the career and technical

 

preparation program shall send written notice to the eligible

 

student and his or her state approved nonpublic school and to the

 

department. The notice shall indicate the course or courses and

 

hours of enrollment of that eligible student. The career and

 

technical preparation program shall notify the eligible student

 

about tuition, fees, books, materials, and other related charges,

 

as determined by the career and technical preparation program, in

 

the customary manner used by the career and technical preparation

 

program, and shall notify the eligible student of the estimated

 

amount of the eligible charges that will be billed to the school

 

district or department, as applicable, under subsection (4).

 

     (4) Unless For an eligible student enrolled in a school

 

district, unless otherwise agreed between the career and technical

 

preparation program and the school district, after the expiration

 

of the career and technical preparation program's drop/add period


 

for the course, the career and technical preparation program shall

 

send a bill to the eligible student's school district detailing the

 

eligible charges for each eligible course in which the eligible

 

student is enrolled under this act. For an eligible student who is

 

enrolled in a state approved nonpublic school, after the expiration

 

of the career and technical preparation program's drop/add period

 

for the course, both of the following apply:

 

     (a) The career and technical preparation program shall send a

 

bill to the department detailing the eligible charges for each

 

eligible course in which the eligible student is enrolled under

 

this act.

 

     (b) The department shall determine the amount of the eligible

 

charges to be paid by the department of treasury to the career and

 

technical preparation program on behalf of the eligible student

 

under this act and shall deliver this information to the department

 

of treasury by appropriate electronic means.

 

     (5) Upon For an eligible student enrolled in a school

 

district, upon receiving the bill under subsection (4), the school

 

district shall cause to be paid to the career and technical

 

preparation program on behalf of the eligible student an amount

 

equal to the lesser of the amount of the eligible charges or the

 

prorated percentage of the state portion of the foundation

 

allowance paid on behalf of that particular eligible student under

 

section 20 of the state school aid act of 1979, 1979 PA 94, MCL

 

388.1620, with the proration based on the proportion of the school

 

year that the eligible student attends the career and technical

 

preparation program. statewide pupil-weighted average foundation


Senate Bill No. 709 (H-2) as amended April 26, 2012

 

allowance, as calculated under section 20 of the state school aid

 

act of 1979, 1979 PA 94, MCL 388.1620, for all school districts for

 

the state fiscal year that begins on October 1 of the academic year

 

of enrollment in the career and technical [preparation] program, with

 

the proration based on the proportion of the school year that the

 

eligible student attends the career and technical [preparation]

 

program. However, in the calculation of the statewide pupil-

 

weighted average foundation allowance for the purposes of this

 

subsection, if a school district's foundation allowance is above

 

the basic foundation allowance under section 20 of the state school

 

aid act of 1979, 1979 PA 94, MCL 388.1620, then the school

 

district's foundation allowance shall be considered to be the basic

 

foundation allowance. Not later than September 1 of each year, the

 

department shall notify the department of treasury of the amount of

 

the statewide pupil-weighted average foundation allowance as

 

calculated for the purposes of this subsection. A school district

 

may pay more money to a career and technical preparation program on

 

behalf of an eligible student than is required under this act, and

 

may use local school operating revenue for that purpose. The

 

eligible student is responsible for payment of the remainder of the

 

costs associated with his or her enrollment in the career and

 

technical preparation program that exceed the amount the school

 

district is required to pay under this act and that are not paid by

 

the school district. As used in this subsection, "local school

 

operating revenue" means that term as defined in section 20 of the

 

state school aid act of 1979, 1979 PA 94, MCL 388.1620.

 

     (6) For an eligible student who is enrolled in a state


Senate Bill No. 709 (H-2) as amended April 26, 2012

 

approved nonpublic school, upon receiving from the department under

 

subsection (4) the amount of the eligible charges to be paid on

 

behalf of the eligible student, the department of treasury shall

 

cause to be paid to the career and technical preparation program on

 

behalf of the eligible student an amount equal to the lesser of the

 

amount of the eligible charges or the prorated percentage of the

 

statewide pupil-weighted average foundation allowance, as

 

calculated under section 20 of the state school aid act of 1979,

 

1979 PA 94, MCL 388.1620, for all school districts for the state

 

fiscal year that begins on October 1 of the academic year of

 

enrollment in the career and technical [preparation] program, with the

 

proration based on the proportion of the school year that the

 

eligible student attends the career and technical [preparation]

 

program. However, in the calculation of the statewide pupil-

 

weighted average foundation allowance for the purposes of this

 

subsection, if a school district's foundation allowance is above

 

the basic foundation allowance under section 20 of the state school

 

aid act of 1979, 1979 PA 94, MCL 388.1620, then the school

 

district's foundation allowance shall be considered to be the basic

 

foundation allowance. Not later than September 1 of each year, the

 

department shall notify the department of treasury of the amount of

 

the statewide pupil-weighted average foundation allowance as

 

calculated for the purposes of this subsection. The eligible

 

student is responsible for payment of the remainder of the costs

 

associated with his or her enrollment in the career and technical

 

preparation program that exceed the amount the department of

 

treasury is required to pay under this act and that are not paid by


 

the department of treasury.

 

     (7) (6) A career and technical preparation program shall not

 

charge a late fee to an eligible student, or a school district, the

 

department, or the department of treasury for a payment that is

 

made in compliance with the timetable prescribed under this act

 

even if the payment would otherwise be considered late by the

 

career and technical preparation program.

 

     (8) (7) A school district, state approved nonpublic school, or

 

the department may require an eligible student to provide, on a

 

form supplied by the school district, state approved nonpublic

 

school, or the department, reasonable verification that the

 

eligible student is regularly attending a career and technical

 

preparation course under this act.

 

     (9) (8) If For an eligible student enrolled who is enrolled in

 

a school district and who enrolls in an eligible course under this

 

act, if the eligible student does not complete the eligible course,

 

and if the school district has paid money for the course or, if the

 

eligible student enrolls in an eligible course for postsecondary

 

credit only and the eligible student does not successfully complete

 

the eligible course, as determined by the career and technical

 

preparation program, on behalf of the student, all of the following

 

apply:

 

     (a) The career and technical preparation program shall forward

 

to the school district any funds that are refundable due to

 

noncompletion of the course. If applicable, the school district

 

shall then forward to the eligible student any refunded money in

 

excess of the amount paid by the school district for the course on


 

behalf of the student.

 

     (b) The eligible student shall repay to the school district

 

any funds that were expended by the school district for the course

 

that are not refunded to the school district by the career and

 

technical preparation program. If the eligible student does not

 

repay this money, the school district may impose sanctions against

 

the eligible student as determined by school district policy. This

 

subdivision does not apply to a an eligible student who does not

 

complete the course due to a family or medical emergency, as

 

determined by the career and technical preparation program.

 

     (10) For an eligible student who is enrolled in a state

 

approved nonpublic school and who enrolls in an eligible course

 

under this act, if the eligible student does not complete the

 

eligible course or, if the eligible student enrolls in an eligible

 

course for postsecondary credit only and the eligible student does

 

not successfully complete the eligible course, as determined by the

 

career and technical preparation program, and if the department of

 

treasury has paid money for the course on behalf of the eligible

 

student, all of the following apply:

 

     (a) The career and technical preparation program shall forward

 

to the department of treasury any funds that are refundable due to

 

noncompletion of the course. If applicable, the career and

 

technical preparation program shall then refund to the eligible

 

student any funds that are refundable due to noncompletion of the

 

course and are in excess of the amount paid by the department of

 

treasury for the course on behalf of the eligible student.

 

     (b) The eligible student shall repay to the department of


 

treasury any funds that were expended by the department of treasury

 

for the course that are not refunded to the department of treasury

 

by the career and technical preparation program. This subdivision

 

does not apply to an eligible student who does not complete the

 

course due to a family or medical emergency, as determined by the

 

career and technical preparation program.

 

     (11) (9) A school district, state approved nonpublic school,

 

the department, or the department of treasury shall make available

 

to an eligible student enrolled in the school district copies of

 

all correspondence in the possession of the school district, state

 

approved nonpublic school, department, or department of treasury

 

regarding the eligible student's participation in a career and

 

technical preparation course under this act. Correspondence

 

described in this subsection shall be kept by the school district,

 

state approved nonpublic school, department, or department of

 

treasury for at least 1 year.

 

     (12) (10) If a school district pays for books for an eligible

 

student for a career and technical preparation course under this

 

section, the books are the property of the school district and

 

shall be turned over to the school district after the eligible

 

student completes the course.

 

     (13) (11) This section does not apply to any career and

 

technical preparation courses in which an eligible student is

 

enrolled in addition to being enrolled full-time in that eligible

 

student's school district or state approved nonpublic school; to a

 

career and technical preparation course an eligible student is

 

retaking after failing to achieve a satisfactory grade; or to a


 

course contrary to the eligibility provisions of this act. In

 

determining full-time enrollment in a school district under this

 

act section or a school district's full-time equated membership

 

under the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to

 

388.1772, 388.1896, for pupils a pupil enrolled in a career and

 

technical preparation program under this act, the pupil's

 

enrollment in both the school district and the career and technical

 

preparation program shall be counted as enrollment in the school

 

district and a pupil shall not be considered to be enrolled in a

 

school district less than full-time solely because of the effect of

 

the pupil's enrollment in 1 or more career and technical

 

preparation courses under this act, including necessary travel

 

time, on the number of class hours provided by the school district

 

to the pupil. In determining full-time enrollment in a state

 

approved nonpublic school under this section for a student enrolled

 

in a career and technical preparation program under this act, the

 

student's enrollment in both the state approved nonpublic school

 

and the career and technical preparation program shall be counted

 

as enrollment in the state approved nonpublic school and a student

 

shall not be considered to be enrolled in a state approved

 

nonpublic school less than full-time solely because of the effect

 

of the student's enrollment in 1 or more career and technical

 

preparation courses under this act, including necessary travel

 

time, on the number of class hours provided by the state approved

 

nonpublic school to the student.

 

     (14) (12) This act does not require a school district or the

 

department of treasury to pay or otherwise provide financial


 

support for transportation or parking costs necessary for an

 

eligible student to participate in a career and technical

 

preparation program under this act. A school district, state

 

approved nonpublic school, or this state is not liable for any

 

injury incurred by an eligible student that is related to

 

transportation necessary for the eligible student to participate in

 

a career and technical preparation program under this act.

 

     (15) The legislature shall appropriate funds to the department

 

of treasury for making payments required to be made by the

 

department of treasury under this act.

 

     Sec. 7. (1) An eligible student who is enrolled in a school

 

district may enroll in, and receive payment by the school district

 

under section 4 4(5) of all or part of eligible charges for, an

 

eligible course under this act for high school credit or

 

postsecondary credit, or both. At the time an eligible student who

 

is enrolled in a school district enrolls in a career and technical

 

preparation course under this act, he or she shall designate

 

whether the course is for high school or postsecondary credit, or

 

both, and shall notify both his or her high school and the career

 

and technical preparation program of that designation. An eligible

 

student taking more than 1 eligible course under this act may make

 

different credit designations under this subsection for different

 

courses.

 

     (2) Except as otherwise provided in subsection (3), an

 

eligible student who is enrolled in a state approved nonpublic

 

school may enroll in, and receive payment by the department of

 

treasury under section 4(6) of all or part of eligible charges for,


Senate Bill No. 709 (H-2) as amended April 26, 2012

 

an eligible course under this act only for postsecondary credit and

 

may not receive high school credit for the course.

 

     (3) If an eligible student who is enrolled in a state approved

 

nonpublic school is enrolled in an eligible course that would have

 

been considered a nonessential elective course under Snyder v

 

Charlotte School Dist, 421 Mich 517 (1984), then the eligible

 

student may enroll in, and receive payment by the department of

 

treasury under section 4(6) of all or part of eligible charges for,

 

an eligible course under this act for high school credit or

 

postsecondary credit, or both. At the time an eligible student

 

enrolls under this act in an eligible course described in this

 

subsection, he or she shall designate whether the course is for

 

high school or postsecondary credit, or both, and shall notify both

 

his or her high school and the career and technical [preparation]

 

program of that designation. An eligible student taking more than 1

 

eligible course described in this subsection under this act may

 

make different credit designations under this subsection for

 

different courses.

 

     (4) An eligible student shall not audit a course in which he

 

or she is enrolled under this act.

 

     (5) (2) A school district shall grant academic credit to an

 

eligible student enrolled in an eligible course for high school

 

credit under this act if he or she successfully completes the

 

course, as determined by the career and technical preparation

 

program. The amount of high school credit granted by a school

 

district for a course completed under this act shall be determined

 

by the school district.


 

     (6) (3) The high school credits granted to an eligible student

 

under this act shall be counted toward the graduation requirements

 

and subject area requirements of the school district. Evidence of

 

successful completion of each course and high school credits

 

granted shall be included in the eligible student's high school

 

record. Subject to section 444 of subpart 4 of part C of the

 

general education provisions act, title IV of Public Law 90-247, 20

 

U.S.C. 20 USC 1232g, commonly referred to as the family educational

 

rights and privacy act of 1974, a career and technical preparation

 

program shall provide the school district with a copy of the

 

eligible student's grade in each course taken for high school

 

credit under this act. Upon the request of an eligible student, his

 

or her high school record and transcript shall also include

 

evidence of successful completion and postsecondary credits granted

 

for a course taken for postsecondary credit under this act. In

 

either case, the eligible student's high school record and

 

transcript shall indicate that the credits were earned at a career

 

and technical preparation program and identify the career and

 

technical preparation program.

 

     (7) (4) If a student enrolls in a career and technical

 

preparation program after leaving high school, the career and

 

technical preparation program, in accordance with institutional

 

policy, shall award postsecondary credit for postsecondary courses

 

successfully completed by that student for high school credit under

 

this act at that career and technical preparation program. A career

 

and technical preparation program shall not charge a student for

 

credit awarded under this subsection.


Senate Bill No. 709 (H-2) as amended April 26, 2012

 

     Sec. 9. (1) Each school district or state approved nonpublic

 

school shall provide information to all high school students on the

 

career and technical preparation enrollment options under this act,

 

including enrollment eligibility; the programs and types of courses

 

that are eligible for participation; the decision-making process

 

for granting academic credits; an explanation of eligible charges

 

that will be paid by the school district or department of treasury,

 

as applicable, and of financial arrangements for eligible charges

 

and for paying costs not paid for by the school district or

 

department of treasury; eligibility for payment of all or part of

 

eligible charges by the school district or department of treasury,

 

as applicable, under this act; an explanation that, if the student

 

qualifies for payment of all or part of eligible charges by the

 

school district or department of treasury under this act, the

 

school district or department of treasury, as applicable, will pay

 

that support directly to the career and technical preparation

 

program upon being billed by the career and technical preparation

 

program and that the student is not responsible for that payment

 

but is responsible for payment of costs not paid for under this

 

act; available support services; the need to arrange an appropriate

 

schedule; consequences of failing or not completing a vocational

 

career and technical [education preparation] course in which the eligible

student

 

enrolls, including the possibility of being required to repay the

 

school district or department of treasury, as applicable, for money

 

paid on behalf of the eligible student; the effect of enrolling in

 

a career and technical preparation course on the eligible student's

 

ability to complete the required high school graduation


 

requirements; and the academic and social responsibilities that

 

must be assumed by the eligible student and his or her parent or

 

guardian.

 

     (2) To the extent possible, a school district or state

 

approved nonpublic school shall provide counseling services to an

 

eligible student and his or her parent or guardian before the

 

eligible student enrolls in a career and technical preparation

 

course under this act to ensure that the eligible student and his

 

or her parent or guardian are fully aware of the benefits, risks,

 

and possible consequences of enrolling in the course. The person

 

providing the counseling shall encourage the eligible student and

 

his or her parent or guardian to also use available counseling

 

services at the career and technical preparation program before the

 

quarter or semester of enrollment to ensure that anticipated plans

 

are appropriate. A school district or state approved nonpublic

 

school may provide the counseling required under this section in a

 

group meeting if additional personalized counseling is also made

 

available.

 

     (3) Before enrolling in an eligible course at a career and

 

technical preparation program under this act, an eligible student

 

and his or her parent or guardian shall file with the career and

 

technical preparation program a signed form provided by the

 

eligible student's school district or state approved nonpublic

 

school stating that the student is an eligible student and has

 

received the information and counseling specified in subsections

 

(1) and (2) and that the student understands the responsibilities

 

that must be assumed in enrolling in the course. Upon request, the


 

department shall provide technical assistance to a school district

 

or state approved nonpublic school and to a career and technical

 

preparation program in developing appropriate forms and counseling

 

guidelines for purposes of this section.

 

     Sec. 10. By May 1, 2001, and by March 1 of each school year

 

thereafter, a school district or state approved nonpublic school

 

shall provide general information about the career and technical

 

preparation enrollment options under this act to all pupils in

 

grade 8 or higher.

 

     Sec. 11. (1) Each intermediate school district annually shall

 

collect from each of its constituent school districts and provide

 

to the department of education at the same time that it submits the

 

annual comprehensive financial report required under section 18 of

 

the state school aid act of 1979, 1979 PA 94, MCL 388.1618,

 

information for the immediately preceding school year on all of the

 

following:

 

     (a) The amount of money expended by the school district for

 

payments required under this act.

 

     (b) The number of eligible students who were enrolled in the

 

school district and the number of those eligible students who

 

enrolled in 1 or more eligible courses under this act and received

 

payment of all or part of eligible charges under this act, both in

 

the aggregate and by grade level.

 

     (c) The percentage of the school district's enrollment

 

represented by the eligible students described in subdivision (b),

 

both in the aggregate and by grade level.

 

     (d) The total number of courses for which the school district


 

made payment under this act, the number of those courses for which

 

postsecondary credit was granted, the number of those courses for

 

which high school credit was granted, and the number of those

 

courses that were not completed by the eligible student.

 

     (2) Each career and technical preparation program that

 

receives funds under this act shall annually report to the

 

department, in the form and manner prescribed by the department,

 

all of the following information:

 

     (a) The number of eligible students who enrolled in the career

 

and technical preparation program under this act during the

 

preceding academic year.

 

     (b) The total number of eligible courses completed by eligible

 

students under this act at the career and technical preparation

 

program during the preceding academic year.

 

     (c) The number of eligible courses under subdivision (b) for

 

which the career and technical preparation program granted

 

postsecondary credit to the eligible student.

 

     (d) The number of eligible courses under subdivision (b) for

 

which the career and technical preparation program declined to

 

grant postsecondary credit to the eligible student.

 

     (3) (2) Not later than March 1 of each year, the department

 

shall prepare and submit to the house and senate fiscal agencies

 

and the department of technology, management, and budget a summary

 

annual report on the information received under subsection (1).

 

this section. The department of education and department of

 

treasury shall work cooperatively with the department in the

 

preparation of this report.


 

     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. 622.

 

     (b) Senate Bill No. 623.

 

     (c) Senate Bill No. 710.