SENATE BILL No. 423

 

 

June 11, 2013, Introduced by Senators COLBECK, GREEN, MOOLENAAR, EMMONS, PAPPAGEORGE, MARLEAU, ROBERTSON, KOWALL, PROOS, MEEKHOF, JANSEN and SCHUITMAKER and referred to the Committee on Education.

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1278 and 1279g (MCL 380.1278 and 380.1279g),

 

section 1278 as amended by 2004 PA 596 and section 1279g as amended

 

by 2008 PA 349, and by adding sections 1167 and 1259.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1167. (1) The board of a school district or board of

 

directors of a public school academy shall ensure that instruction

 

that focuses on the following topics is provided during the school

 

year in a grade- and age-level appropriate manner for all of its

 

pupils in grades K to 12:

 

     (a) The core principles of the declaration of independence,

 

including, but not limited to, the following:

 

     (i) We hold these truths to be self-evident, that all men are

 


created equal, that they are endowed by their creator with certain

 

unalienable rights, that among these are life, liberty, and the

 

pursuit of happiness.

 

     (ii) The purpose of government is to secure our unalienable

 

rights.

 

     (iii) Government derives its just powers from the consent of the

 

governed.

 

     (b) The core principles of our United States constitution,

 

including, but not limited to, the following:

 

     (i) Our constitution has been established to ensure justice,

 

ensure domestic tranquility, provide for the common defense,

 

promote the general welfare, and secure the blessings of liberty

 

for ourselves and our posterity.

 

     (ii) All legislative powers are vested in a congress of the

 

United States which consists of a senate and a house of

 

representatives.

 

     (iii) The legislative powers delegated by the people to the

 

congress are limited and enumerated in article I, section 8 of the

 

United States constitution.

 

     (iv) The executive power is vested in a president.

 

     (v) The powers delegated by the people to the president are

 

limited and delineated in article II, section 2 of the United

 

States constitution.

 

     (vi) The judicial powers shall be vested in 1 supreme court and

 

in such inferior courts as the congress may from time to time

 

ordain and establish.

 

     (vii) The powers delegated by the people to the judicial branch

 


are limited and delineated in article III, section 2 of the United

 

States constitution.

 

     (viii) Every state in the union shall have a republican form of

 

government.

 

     (ix) Our constitution can be amended in accordance with the

 

stipulations of article V of the United States constitution.

 

     (x) Congress shall make no law respecting an establishment of

 

religion or prohibiting the free exercise of religion.

 

     (xi) Congress shall make no law abridging the freedom of

 

speech.

 

     (xii) Congress shall make no law abridging the freedom of the

 

press.

 

     (xiii) Congress shall make no law abridging the right of the

 

people peaceably to assemble.

 

     (xiv) Congress shall make no law abridging the right of the

 

people to petition the government for a redress of grievances.

 

     (xv) The right of the people to keep and bear arms shall not be

 

infringed.

 

     (xvi) The powers not delegated to the United States by the

 

constitution or prohibited by it to the states are reserved to the

 

states respectively, or to the people.

 

     (c) The core principles of our state constitution, including,

 

but not limited to, the following:

 

     (i) All political power is inherent in the people.

 

     (ii) Government is instituted for equal benefit, security, and

 

protection of the people.

 

     (iii) No person shall be denied the equal protection of the laws

 


because of religion, race, color, or national origin.

 

     (iv) Every person shall be at liberty to worship God according

 

to the dictates of his or her own conscience. A person's civil and

 

political rights, privileges, and capacities shall not be

 

diminished or enlarged on account of his or her religious belief.

 

     (v) No law impairing the obligation of contract shall be

 

enacted.

 

     (vi) Religion, morality, and knowledge being necessary to good

 

government and the happiness of mankind, schools and the means of

 

education shall forever be encouraged.

 

     (vii) The legislature shall maintain and support a system of

 

free public elementary and secondary schools as defined by law.

 

     (viii) Every person has a right to keep and bear arms for the

 

defense of himself or herself and this state.

 

     (ix) The public health and general welfare of the people of the

 

state are declared to be matters of primary public concern. The

 

legislature shall pass suitable laws for the protection and

 

promotion of public health.

 

     (2) In order to encourage a school culture that respects and

 

values our civic heritage, the board of a school district or

 

intermediate school district or board of directors of a public

 

school academy shall allow and encourage any public school teacher,

 

educator, or administrator to read or post in a public school

 

building, in a classroom, or at any public school event excerpts or

 

portions of writings, documents, and records that reflect the

 

history of the United States, including, but not limited to, any of

 

the following:

 


     (a) The declaration of independence.

 

     (b) The constitution of the United States.

 

     (c) The federalist papers.

 

     (d) The anti-federalist papers.

 

     (e) The bill of rights.

 

     (f) The pledge of allegiance to the flag of the United States.

 

     (g) The Northwest ordinances.

 

     (3) A school district or public school academy, and its

 

professional school personnel, may develop curricula and materials

 

for the instruction required under this section that are aligned

 

with the state board recommended model core academic curriculum

 

content standards developed under section 1278 and are grade and

 

age-level appropriate.

 

     Sec. 1259. (1) On real property that it controls, a school

 

district, intermediate school district, or public school academy

 

may display documents and objects of historical significance that

 

have formed and influenced the legal system or republican form of

 

free representative government of the United States based on the

 

rule of law found in the constitution of the United States and the

 

bill of rights. The documents and objects that may be displayed

 

include, but are not limited to, all of the following:

 

     (a) The documents listed in section 1167(2).

 

     (b) The Magna Carta.

 

     (c) The federalist papers.

 

     (d) The anti-federalist papers.

 

     (e) The Mayflower compact.

 

     (f) The state constitution of 1963 or another constitution of

 


this state.

 

     (g) The national motto.

 

     (h) The national anthem.

 

     (i) The writings, speeches, documents, and proclamations of

 

the founding fathers and presidents of the United States.

 

     (j) The Northwest ordinances.

 

     (k) Another document or object of historical significance in

 

forming or influencing the United States or its legal or

 

governmental system or that exemplifies the development of the rule

 

of law.

 

     (2) A display described in subsection (1) may include, but

 

shall not be limited to, documents that contain words associated

 

with a religion. However, the display shall not seek to establish

 

or promote religion or other philosophy. The display of a document

 

containing words associated with a religion shall be in the same

 

manner and appearance generally as other documents and objects

 

displayed and shall not be presented or displayed in any fashion

 

that results in calling attention to it apart from the other

 

displayed documents and objects. The display also shall be

 

accompanied by a prominent sign quoting the First Amendment to the

 

constitution of the United States as follows: "Congress shall make

 

no law respecting an establishment of religion, or prohibiting the

 

free exercise thereof; or abridging the freedom of speech, or of

 

the press; or the right of the people peaceably to assemble, and to

 

petition the government for a redress of grievances.".

 

     Sec. 1278. (1) In addition to the requirements for

 

accreditation under section 1280 specified in that section, if the

 


board of a school district wants all of the schools of the school

 

district to be accredited under section 1280, the board shall

 

provide to all pupils attending public school in the district a

 

core academic curriculum in compliance with subsection (3) in each

 

of the curricular areas specified in the state board recommended

 

model core academic curriculum content standards developed under

 

subsection (2). The state board model core academic curriculum

 

content standards shall encompass academic and cognitive

 

instruction only. For purposes of this section, the state board

 

model core academic curriculum content standards 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.

 

     (2) Recommended model core academic curriculum content

 

standards shall be developed and periodically updated by the state

 

board, shall be in the form of knowledge and skill content

 

standards that are recommended as state standards for adoption by

 

public schools in local curriculum formulation and adoption, and

 

shall be distributed to each school district in the state. The

 

recommended model core academic curriculum content standards shall

 

set forth desired learning objectives in math, science, reading,

 

history, geography, economics, American government, and writing for

 

all children at each stage of schooling and be based upon the

 

"Michigan K-12 program standards of quality" to ensure that high

 

academic standards, academic skills, and academic subject matters

 

are built into the instructional goals of all school districts for

 

all children. Not later than May 1, 2014, the state board shall

 


update the state board recommended model core academic curriculum

 

content standards developed under this subsection to ensure that

 

they cover the instruction required under section 1167. The state

 

board also shall ensure that the Michigan educational assessment

 

program and the Michigan merit examination are based on the state

 

recommended model core curriculum content standards, are testing

 

only for proficiency in basic and advanced academic skills and

 

academic subject matter, and are not used to measure pupils' values

 

or attitudes.

 

     (3) The board of each school district, considering academic

 

curricular objectives defined and recommended pursuant to

 

subsection (2), shall do both of the following:

 

     (a) Establish a core academic curriculum for its pupils at the

 

elementary, middle, and secondary school levels. The core academic

 

curriculum shall define academic objectives to be achieved by all

 

pupils and shall be based upon the school district's educational

 

mission, long-range pupil goals, and pupil performance objectives.

 

The core academic curriculum may vary from the model core academic

 

curriculum content standards recommended by the state board

 

pursuant to subsection (2).

 

     (b) After consulting with teachers and school building

 

administrators, determine the aligned instructional program for

 

delivering the core academic curriculum and identify the courses

 

and programs in which the core academic curriculum will be taught.

 

     (4) The board may supplement the core academic curriculum by

 

providing instruction through additional classes and programs.

 

     (5) For all pupils, the subjects or courses, and the delivery

 


of those including special assistance, that constitute the

 

curriculum the pupils engage in shall assure the pupils have a

 

realistic opportunity to learn all subjects and courses required by

 

the district's core academic curriculum. A subject or course

 

required by the core academic curriculum pursuant to subsection (3)

 

shall be provided to all pupils in the school district by a school

 

district, a consortium of school districts, or a consortium of 1 or

 

more school districts and 1 or more intermediate school districts.

 

     (6) To the extent practicable, the state board may adopt or

 

develop academic objective-oriented high standards for knowledge

 

and life skills, and a recommended core academic curriculum, for

 

special education pupils for whom it may not be realistic or

 

desirable to expect achievement of initial mastery of the state

 

board recommended model core academic content standards objectives

 

or of a high school diploma.

 

     (7) The state board shall make available to all nonpublic

 

schools in this state, as a resource for their consideration, the

 

model core academic curriculum content standards developed for

 

public schools pursuant to subsection (2) for the purpose of

 

assisting the governing body of a nonpublic school in developing

 

its core academic curriculum.

 

     (8) Excluding special education pupils, pupils having a

 

learning disability, and pupils with extenuating circumstances as

 

determined by school officials, a pupil who does not score

 

satisfactorily on the 4th or 7th grade Michigan educational

 

assessment program reading test shall be provided special

 

assistance reasonably expected to enable the pupil to bring his or

 


her reading skills to grade level within 12 months.

 

     (9) Any course that would have been considered a nonessential

 

elective course under Snyder v Charlotte School Dist, 421 Mich 517

 

(1984), on April 13, 1990 shall continue to be offered to resident

 

pupils of nonpublic schools on a shared time basis.

 

     Sec. 1279g. (1) The board of a school district or board of

 

directors of a public school academy shall comply with this section

 

and shall administer the Michigan merit examination to pupils in

 

grade 11, and to pupils in grade 12 who did not take the complete

 

Michigan merit examination in grade 11, as provided in this

 

section.

 

     (2) For the purposes of this section, the department of

 

technology, management, and budget shall contract with 1 or more

 

providers to develop, supply, and score the Michigan merit

 

examination. The Michigan merit examination shall consist of all of

 

the following:

 

     (a) Assessment instruments that measure English language arts,

 

mathematics, reading, and science and are used by colleges and

 

universities in this state for entrance or placement purposes. This

 

shall include a writing component in which the pupil produces an

 

extended writing sample. The Michigan merit examination shall not

 

require any other extended writing sample.

 

     (b) One or more tests from 1 or more test developers that

 

assess a pupil's ability to apply at least reading and mathematics

 

skills in a manner that is intended to allow employers to use the

 

results in making employment decisions. The department of

 

technology, management, and budget and the superintendent of public

 


instruction shall ensure that any test or tests selected under this

 

subdivision have all the components necessary to allow a pupil to

 

be eligible to receive the results of a nationally recognized

 

evaluation of workforce readiness if the pupil's test performance

 

is adequate.

 

     (c) A social studies component.

 

     (d) Any other component that is necessary to obtain the

 

approval of the United States department of education to use the

 

Michigan merit examination for the purposes of the no child left

 

behind act of 2001, Public Law 107-110.

 

     (3) In addition to all other requirements of this section, all

 

of the following apply to the Michigan merit examination:

 

     (a) The department of technology, management, and budget and

 

the superintendent of public instruction shall ensure that any

 

contractor used for scoring the Michigan merit examination supplies

 

an individual report for each pupil that will identify for the

 

pupil's parents and teachers whether the pupil met expectations or

 

failed to meet expectations for each standard, to allow the pupil's

 

parents and teachers to assess and remedy problems before the pupil

 

moves to the next grade.

 

     (b) The department of technology, management, and budget and

 

the superintendent of public instruction shall ensure that any

 

contractor used for scoring, developing, or processing the Michigan

 

merit examination meets quality management standards commonly used

 

in the assessment industry, including at least meeting level 2 of

 

the capability maturity model developed by the software engineering

 

institute of Carnegie Mellon university for the first year the

 


Michigan merit examination is offered to all grade 11 pupils and at

 

least meeting level 3 of the capability maturity model for

 

subsequent years.

 

     (c) The department of technology, management, and budget and

 

the superintendent of public instruction shall ensure that any

 

contract for scoring, administering, or developing the Michigan

 

merit examination includes specific deadlines for all steps of the

 

assessment process, including, but not limited to, deadlines for

 

the correct testing materials to be supplied to schools and for the

 

correct results to be returned to schools, and includes penalties

 

for noncompliance with these deadlines.

 

     (d) The superintendent of public instruction shall ensure that

 

the Michigan merit examination meets all of the following:

 

     (i) Is designed to test pupils on grade level content

 

expectations or course content expectations, as appropriate, in all

 

subjects tested.

 

     (ii) Complies with requirements of the no child left behind act

 

of 2001, Public Law 107-110.

 

     (iii) Is consistent with the code of fair testing practices in

 

education prepared by the joint committee on testing practices of

 

the American psychological association.

 

     (iv) Is factually accurate. If the superintendent of public

 

instruction determines that a question is not factually accurate

 

and should be excluded from scoring, the state board and the

 

superintendent of public instruction shall ensure that the question

 

is excluded from scoring.

 

     (4) A school district or public school academy that operates a

 


high school shall include on each pupil's high school transcript

 

all of the following:

 

     (a) For each high school graduate who has completed the

 

Michigan merit examination under this section, the pupil's scaled

 

score on each subject area component of the Michigan merit

 

examination.

 

     (b) The number of school days the pupil was in attendance at

 

school each school year during high school and the total number of

 

school days in session for each of those school years.

 

     (5) The superintendent of public instruction shall work with

 

the provider or providers of the Michigan merit examination to

 

produce Michigan merit examination subject area scores for each

 

pupil participating in the Michigan merit examination, including

 

scaling and merging of test items for the different subject area

 

components. The superintendent of public instruction shall design

 

and distribute to school districts, public school academies,

 

intermediate school districts, and nonpublic schools a simple and

 

concise document that describes the scoring for each subject area

 

and indicates the scaled score ranges for each subject area.

 

     (6) The Michigan merit examination shall be administered each

 

year after March 1 and before June 1 to pupils in grade 11. The

 

superintendent of public instruction shall ensure that the Michigan

 

merit examination is scored and the scores are returned to pupils,

 

their parents or legal guardians, and schools not later than the

 

beginning of the pupil's first semester of grade 12. The returned

 

scores shall indicate at least the pupil's scaled score for each

 

subject area component and the range of scaled scores for each

 


subject area. In reporting the scores to pupils, parents, and

 

schools, the superintendent of public instruction shall provide

 

standards-specific, meaningful, and timely feedback on the pupil's

 

performance on the Michigan merit examination.

 

     (7) A school district or public school academy shall

 

administer the complete Michigan merit examination to a pupil only

 

once and shall not administer the complete Michigan merit

 

examination to the same pupil more than once. If a pupil does not

 

take the complete Michigan merit examination in grade 11, the

 

school district or public school academy shall administer the

 

complete Michigan merit examination to the pupil in grade 12. If a

 

pupil chooses to retake the college entrance examination component

 

of the Michigan merit examination, as described in subsection

 

(2)(a), the pupil may do so through the provider of the college

 

entrance examination component and the cost of the retake is the

 

responsibility of the pupil unless all of the following are met:

 

     (a) The pupil has taken the complete Michigan merit

 

examination.

 

     (b) The pupil did not qualify for a Michigan promise grant

 

under section 6 of the Michigan promise grant act, 2006 PA 479, MCL

 

390.1626, based on the pupil's performance on the complete Michigan

 

merit examination.

 

     (c) The pupil meets the income eligibility criteria for free

 

breakfast, lunch, or milk, as determined under the Richard B.

 

Russell national school lunch act, 42 USC 1751 to 1769i.

 

     (d) The pupil has applied to the provider of the college

 

entrance examination component for a scholarship or fee waiver to

 


cover the cost of the retake and that application has been denied.

 

     (e) After taking the complete Michigan merit examination, the

 

pupil has not already received a free retake of the college

 

entrance examination component paid for either by this state or

 

through a scholarship or fee waiver by the provider.

 

     (8) The superintendent of public instruction shall ensure that

 

the length of the Michigan merit examination and the combined total

 

time necessary to administer all of the components of the Michigan

 

merit examination are the shortest possible that will still

 

maintain the degree of reliability and validity of the Michigan

 

merit examination results determined necessary by the

 

superintendent of public instruction. The superintendent of public

 

instruction shall ensure that the maximum total combined length of

 

time that schools are required to set aside for pupils to answer

 

all test questions on the Michigan merit examination does not

 

exceed 8 hours if the superintendent of public instruction

 

determines that sufficient alignment to applicable Michigan merit

 

curriculum content standards can be achieved within that time

 

limit.

 

     (9) A school district or public school academy shall provide

 

accommodations to a pupil with disabilities for the Michigan merit

 

examination, as provided under section 504 of title V of the

 

rehabilitation act of 1973, 29 USC 794; subtitle A of title II of

 

the Americans with disabilities act of 1990, 42 USC 12131 to 12134;

 

the individuals with disabilities education act amendments of 1997,

 

Public Law 105-17; and the implementing regulations for those

 

statutes. The provider or providers of the Michigan merit

 


examination and the superintendent of public instruction shall

 

mutually agree upon the accommodations to be provided under this

 

subsection.

 

     (10) To the greatest extent possible, the Michigan merit

 

examination shall be based on grade level content expectations or

 

course content expectations, as appropriate. Not later than July 1,

 

2008, the department shall identify specific grade level content

 

expectations to be taught before and after the middle of grade 11,

 

so that teachers will know what content will be covered within the

 

Michigan merit examination.

 

     (11) A child who is a student in a nonpublic school or home

 

school may take the Michigan merit examination under this section.

 

To take the Michigan merit examination, a child who is a student in

 

a home school shall contact the school district in which the child

 

resides, and that school district shall administer the Michigan

 

merit examination, or the child may take the Michigan merit

 

examination at a nonpublic school if allowed by the nonpublic

 

school. Upon request from a nonpublic school, the superintendent of

 

public instruction shall direct the provider or providers to supply

 

the Michigan merit examination to the nonpublic school and the

 

nonpublic school may administer the Michigan merit examination. If

 

a school district administers the Michigan merit examination under

 

this subsection to a child who is not enrolled in the school

 

district, the scores for that child are not considered for any

 

purpose to be scores of a pupil of the school district.

 

     (12) In contracting under subsection (2), the department of

 

technology, management, and budget shall consider a contractor that

 


provides electronically-scored essays with the ability to score

 

constructed response feedback in multiple languages and provide

 

ongoing instruction and feedback.

 

     (13) The purpose of the Michigan merit examination is to

 

assess pupil performance in mathematics, science, social studies,

 

and English language arts for the purpose of improving academic

 

achievement and establishing a statewide standard of competency.

 

The assessment under this section provides a common measure of data

 

that will contribute to the improvement of Michigan schools'

 

curriculum and instruction by encouraging alignment with Michigan's

 

curriculum framework standards and promotes pupil participation in

 

higher level mathematics, science, social studies, and English

 

language arts courses. These standards are based upon the

 

expectations of what pupils should learn through high school and

 

are aligned with national standards.

 

     (14) In addition to the other requirements of this section and

 

the requirements of 1970 PA 38, MCL 388.1081 to 388.1086, beginning

 

with assessments conducted during the 2014-2015 school year, the

 

superintendent of public instruction shall ensure that the Michigan

 

merit examination and the Michigan education assessment program

 

assessments include questions related to the instruction required

 

under and documents enumerated in section 1167, including at least

 

the declaration of independence and the constitution of the United

 

States.

 

     (15) (14) As used in this section:

 

     (a) "English language arts" means reading and writing.

 

     (b) "Social studies" means United States history, world

 


history, world geography, economics, and American government.