HOUSE BILL No. 6142 September 22, 1998, Introduced by Rep. Law and referred to the Committee on Appropriations. A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 107 (MCL 388.1707), as amended by 1997 PA 142. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 107. (1) From the appropriation in section 11, there 2 is allocated for 1997-98 and for 1998-99 an amount not to exceed 3 $80,000,000.00 each fiscal year for adult education programs 4 authorized under this section. 5 (2) To be eligible to be a participant funded under this 6 section, a person shall be enrolled in an adult basic education 7 program, an adult English as a second language program, a general 8 education development (G.E.D.) test preparation program, a job 9 or employment related program, or a high school completion 05738'98 TAV 2 1 program, that meets the requirements of this section, and shall 2 meet either of the following, as applicable: 3 (a) If the individual has obtained a high school diploma or 4 a general education development (G.E.D.) certificate, the indi- 5 vidual meets 1 of the following: 6 (i) Is less than 20 years of age on September 1 of the 7 school year and is enrolled in the state technical institute and 8 rehabilitation center. 9 (ii) Is less than 20 years of age on September 1 of the 10 school year, is not attending an institution of higher education, 11 and is enrolled in a job or employment related program through a 12 referral by an employer. 13 (iii) Is enrolled in an English as a second language 14 program. 15 (iv) Is enrolled in a high school completion program. 16 (b) If the individual has not obtained a high school diploma 17 or G.E.D. certificate, is at least 20 years of age on September 1 18 of the school year. 19 (3) The amount allocated under subsection (1) shall be dis- 20 tributed as follows: 21 (a) For districts and consortia that received payments for 22 1995-96 under former section 107f and that received payments for 23 1996-97 under subsection (4) of this section as in effect in 24 1996-97, the amount allocated to each for 1997-98 and for 1998-99 25 shall be an amount each fiscal year equal to 36.76% of the amount 26 the district or consortium received for 1995-96 under former 27 section 107f. 05738'98 3 1 (b) For districts and consortia that received payments under 2 subsection (3) of this section as in effect for 1996-97, the 3 amount allocated to each for 1997-98 and for 1998-99 shall be an 4 amount each fiscal year equal to the product of the number of 5 full-time equated participants actually enrolled and in 6 attendance during the 1996-97 school fiscal year in the program 7 funded under subsection (3) of this section as in effect for 8 1996-97 as reported to the department, audited, and adjusted 9 according to subsection (10) of this section as in effect for 10 1996-97, multiplied by $2,750.00. 11 (c) For districts and consortia that meet the conditions of 12 both subdivisions (a) and (b), the amount allocated each fiscal 13 year for 1997-98 and for 1998-99 shall be the sum of the alloca- 14 tions to the district or consortium under subdivisions (a) and 15 (b). 16 (d) A district or consortium that received funding in 17 1996-97 under this section as in effect for 1996-97 may operate 18 independently of a consortium or join or form a consortium for 19 1997-98 or for 1998-99. The allocation for 1997-98 or for 20 1998-99 to the district or the newly formed consortium under this 21 subsection shall be determined by the department and shall be 22 based on the proportion of the amounts specified in 23 subdivision (a) or (b), or both, that are attributable to the 24 district or consortium that received funding in 1996-97. A dis- 25 trict or consortium described in this subdivision shall notify 26 the department of its intention with regard to 1997-98 or 1998-99 27 by October 1 of the affected fiscal year. 05738'98 4 1 (4) A district that operated an adult education program in 2 1996-97 and does not intend to operate a program in 1997-98 or 3 1998-99 shall notify the department by October 1 of the affected 4 fiscal year of its intention. The funds intended to be allocated 5 under this section to a district that does not operate a program 6 in 1997-98 or 1998-99 and the unspent funds originally allocated 7 under this section to a district or consortium that subsequently 8 operates a program at less than the level of funding allocated 9 under subsection (3) shall instead be proportionately reallocated 10 to the other districts described in subsection (3)(a) that are 11 operating an adult education program in 1997-98 or 1998-99 under 12 this section. 13 (5) The amount allocated under this section per full-time 14 equated participant is $2,850.00 for a 450-hour program. The 15 amount shall be proportionately reduced for a program offering 16 less than 450 hours of instruction. 17 (6) An adult basic education program or an adult English as 18 a second language program operated on a year-round or school year 19 basis may be funded under this section, subject to all of the 20 following: 21 (a) The program enrolls adults who are determined by an 22 appropriate assessment to be below ninth grade level in reading 23 or mathematics, or both, or to lack basic English proficiency. 24 (b) The program tests individuals for eligibility under 25 subdivision (a) before enrollment and tests participants to 26 determine progress after every 90 hours of attendance, using 27 assessment instruments approved by the department. 05738'98 5 1 (c) A participant in an adult basic education program is 2 eligible for reimbursement until 1 of the following occurs: 3 (i) The participant's reading and mathematics proficiency 4 are assessed at or above the ninth grade level. 5 (ii) The participant fails to show progress on 2 successive 6 assessments after having completed at least 450 hours of 7 instruction. 8 (d) A funding recipient enrolling a participant in an 9 English as a second language program is eligible for funding 10 according to subsection (10) until the participant meets 1 of the 11 following: 12 (i) The participant is assessed as having attained basic 13 English proficiency. 14 (ii) The participant fails to show progress on 2 successive 15 assessments after having completed at least 450 hours of 16 instruction. The department shall provide information to a fund- 17 ing recipient regarding appropriate assessment instruments for 18 this program. 19 (7) A general education development (G.E.D.) test prepara- 20 tion program operated on a year-round or school year basis may be 21 funded under this section, subject to all of the following: 22 (a) The program enrolls adults who do not have a high school 23 diploma. 24 (b) The program shall administer a G.E.D. pre-test approved 25 by the department before enrolling an individual to determine the 26 individual's potential for success on the G.E.D. test, and shall 05738'98 6 1 administer other tests after every 90 hours of attendance to 2 determine a participant's readiness to take the G.E.D. test. 3 (c) A funding recipient shall receive funding according to 4 subsection (10) for a participant, and a participant may be 5 enrolled in the program until 1 of the following occurs: 6 (i) The participant passes the G.E.D. test. 7 (ii) The participant fails to show progress on 2 successive 8 tests used to determine readiness to take the G.E.D. test after 9 having completed at least 450 hours of instruction. 10 (8) A high school completion program operated on a 11 year-round or school year basis may be funded under this section, 12 subject to all of the following: 13 (a) The program enrolls adults who do not have a high school 14 diploma. 15 (b) A funding recipient shall receive funding according to 16 subsection (10) for a participant in a course offered under this 17 subsection until 1 of the following occurs: 18 (i) The participant passes the course and earns a high 19 school diploma. 20 (ii) The participant fails to earn credit in 2 successive 21 semesters or terms in which the participant is enrolled after 22 having completed at least 900 hours of instruction. 23 (9) A job or employment-related adult education program 24 operated on a year-round or school year basis may be funded under 25 this section, subject to all of the following: 26 (a) The program enrolls adults referred by their employer 27 who are less than 20 years of age, have a high school diploma, 05738'98 7 1 are determined to be in need of remedial mathematics or 2 communication arts skills or, for 1997-98 only, vocational 3 skills, and are not attending an institution of higher 4 education. 5 (b) An individual may be enrolled in this program and the 6 grant recipient shall receive funding according to subsection 7 (10) until 1 of the following occurs: 8 (i) The individual achieves the requisite skills as deter- 9 mined by appropriate assessment instruments administered at least 10 after every 90 hours of attendance. 11 (ii) The individual fails to show progress on 2 successive 12 assessments after having completed at least 450 hours of 13 instruction. The department shall provide information to a fund- 14 ing recipient regarding appropriate assessment instruments for 15 this program. 16 (10) A funding recipient shall receive payments under this 17 section in accordance with the following: 18 (a) Ninety percent for enrollment of eligible participants. 19 (b) Ten percent for completion of the adult basic education 20 objectives by achieving an increase of at least 1 grade level of 21 proficiency in reading or mathematics; for achieving basic 22 English proficiency; for passage of the G.E.D. test; for passage 23 of a course required for a participant to attain a high school 24 diploma; or for completion of the course and demonstrated profi- 25 ciency in the academic skills to be learned in the course, as 26 applicable. 05738'98 8 1 (11) As used in this section, "participant" means the sum of 2 the number of full-time equated individuals enrolled in and 3 attending a department-approved adult education program under 4 this section, using quarterly participant count days on the 5 schedule described in section 6(7)(b). 6 (12) A person who is not eligible to be a participant funded 7 under this section may receive adult education services upon the 8 payment of tuition. In addition, a person who is not eligible to 9 be served in a program under this section due to the program lim- 10 itations specified in subsection (6), (7), (8), or (9) may con- 11 tinue to receive adult education services in that program upon 12 the payment of tuition. ALSO, IF A PUPIL ENROLLED IN HIGH SCHOOL 13 IN A DISTRICT ENROLLS IN AN ADULT EDUCATION CLASS IN ADDITION TO 14 THE PUPIL'S ENROLLMENT IN HIGH SCHOOL, THE DISTRICT OR INTERMEDI- 15 ATE DISTRICT PROVIDING THE ADULT EDUCATION SERVICES MAY CHARGE 16 TUITION FOR THE PUPIL'S ENROLLMENT IN THE ADULT EDUCATION CLASS. 17 The tuition level shall be determined by the local or intermedi- 18 ate district conducting the program. 19 (13) An individual who is an inmate in a state correctional 20 facility shall not be counted as a participant under this 21 section. 22 (14) A district shall not commingle money received under 23 this section or from another source for adult education purposes 24 with any other funds of the district. A district receiving adult 25 education funds shall establish a separate ledger account for 26 those funds. This subsection does not prohibit a district from 05738'98 9 1 using general funds of the district to support an adult education 2 or community education program. 3 (15) From the general fund appropriation in section 11, 4 there is allocated for 1997-98 only an amount not to exceed 5 $250,000.00 for a grant to focus: hope for a fast-track adult 6 education program. 05738'98 Final page. TAV