SENATE BILL NO. 444 March 17, 1999, Introduced by Senator BENNETT and referred to the Committee on Appropriations. A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 104a and 164c (MCL 388.1704a and 388.1764c), section 104a as amended by 1997 PA 176 and section 164c as added by 1995 PA 130. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 104a. (1) In order to receive state aid under this 2 act, a district shall comply with this section and shall adminis- 3 ter state assessments to high school pupils in the subject areas 4 of communications skills, mathematics, science, and, beginning 5 with pupils scheduled to graduate in 2000, social studies. The 6 district shall include on the pupil's high school transcript all 7 of the following: 01697'99 TAV 2 1 (a) For each high school graduate who has completed a 2 subject area assessment under this section, the pupil's scaled 3 score on the assessment. 4 (b) If the pupil's scaled score on a subject area assessment 5 falls within the range required under subsection (2) for a cate- 6 gory established under subsection (2), an indication that the 7 pupil has achieved state endorsement for that subject area. 8 (c) The number of school days the pupil was in attendance at 9 school each school year during high school and the total number 10 of school days in session for each of those school years. 11 (2) The department shall develop scaled scores for reporting 12 subject area assessment results for each of the subject areas 13 under this section. Subject to approval by the state board, the 14 superintendent of public instruction shall establish 3 categories 15 for each subject area indicating basic competency, above average, 16 and outstanding, and shall establish the scaled score range 17 required for each category. The department shall design and dis- 18 tribute to districts, intermediate districts, and nonpublic 19 schools a simple and concise document that describes these cate- 20 gories in each subject area and indicates the scaled score ranges 21 for each category in each subject area. A district may award a 22 high school diploma to a pupil who successfully completes local 23 district requirements established in accordance with state law 24 for high school graduation, regardless of whether the pupil is 25 eligible for any state endorsement. 26 (3) The assessments administered for the purposes of this 27 section shall be administered to pupils during the last 30 school 01697'99 3 1 days of grade 11. The department shall ensure that the 2 assessments are scored and the scores are returned to pupils, 3 their parents or legal guardians, and districts not later than 4 the beginning of the pupil's first semester of grade 12. Not 5 later than fall 1999, the department shall arrange for those por- 6 tions of a pupil's assessment that cannot be scored mechanically 7 to be scored in Michigan by persons who are Michigan teachers, 8 retired Michigan teachers, or Michigan school administrators and 9 who have been trained in scoring the assessments. The returned 10 scores shall indicate the pupil's scaled score for each subject 11 area assessment, the range of scaled scores for each subject 12 area, and the range of scaled scores required for each category 13 established under subsection (2). In reporting the scores to 14 pupils, parents, and schools, the department shall provide spe- 15 cific, meaningful, and timely feedback on the pupil's performance 16 on the assessment. 17 (4) For each pupil who does not achieve state endorsement in 18 1 or more subject areas, the board of the district in which the 19 pupil is enrolled shall provide that there be at least 1 meeting 20 attended by at least the pupil and a member of the district's 21 staff or a local or intermediate district consultant who is pro- 22 ficient in the measurement and evaluation of pupils. The dis- 23 trict may provide the meeting as a group meeting for pupils in 24 similar circumstances. If the pupil is a minor, the district 25 shall invite and encourage the pupil's parent, legal guardian, or 26 person in loco parentis to attend the meeting and shall mail a 27 notice of the meeting to the pupil's parent, legal guardian, or 01697'99 4 1 person in loco parentis. The purpose of this meeting and any 2 subsequent meeting under this subsection shall be to determine an 3 educational program for the pupil designed to have the pupil 4 achieve state endorsement in each subject area in which he or she 5 did not achieve state endorsement. In addition, a district may 6 provide for subsequent meetings with the pupil conducted by a 7 high school counselor or teacher designated by the pupil's high 8 school principal, and shall invite and encourage the pupil's 9 parent, legal guardian, or person in loco parentis to attend the 10 subsequent meetings. The district shall provide special programs 11 for the pupil or develop a program using the educational programs 12 regularly provided by the district unless the board of the dis- 13 trict decides otherwise and publishes and explains its decision 14 in a public justification report. 15 (5) A pupil who wants to repeat an assessment administered 16 under this section may repeat the assessment, without charge to 17 the pupil, in the next school year or after graduation. An indi- 18 vidual may repeat an assessment at any time the district adminis- 19 ters an applicable assessment instrument or during a retesting 20 period under subsection (7). 21 (6) The department shall ensure that the length of the 22 assessments used for the purposes of this section and the com- 23 bined total time necessary to administer all of the assessments, 24 including social studies, are the shortest possible that will 25 still maintain the degree of reliability and validity of the 26 assessment results determined necessary by the department. The 27 department shall ensure that the maximum total combined length of 01697'99 5 1 time that schools are required to set aside for administration of 2 all of the assessments used for the purposes of this section, 3 including social studies, does not exceed 8 hours. However, this 4 subsection does not limit the amount of time that individuals may 5 have to complete the assessments. 6 (7) The department shall establish, schedule, and arrange 7 periodic retesting periods throughout the year for individuals 8 who desire to repeat an assessment under this section. The 9 department shall coordinate the arrangements for administering 10 the repeat assessments and shall ensure that the retesting is 11 made available at least within each intermediate district and, to 12 the extent possible, within each district. 13 (8) A district shall provide accommodations to a pupil with 14 disabilities for the assessments required under this section, as 15 provided under section 504 of title V of the rehabilitation act 16 of 1973, Public Law 93-112, 29 U.S.C. 794; subtitle A of title II 17 of the Americans with disabilities act of 1990, Public Law 18 101-336, 42 U.S.C. 12131 to 12134; and the implementing regula- 19 tions for those statutes. 20 (9) For the purposes of this section, the state board shall 21 develop or select and approve assessment instruments to measure 22 pupil performance in communications skills, mathematics, social 23 studies, and science. The assessment instruments shall be based 24 on the state board model core academic content standards 25 objectives. 26 (10) Upon written request by the pupil's parent or legal 27 guardian stating that the request is being made for the purpose 01697'99 6 1 of providing the pupil with an opportunity to qualify to take 1 2 or more postsecondary courses as an eligible student under the 3 postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 4 388.524, the board of a district shall allow a pupil who is in at 5 least grade 10 to take an assessment administered under this sec- 6 tion without charge at any time the district regularly adminis- 7 ters the assessment or during a retesting period established 8 under subsection (7). A district is not required to include in 9 an annual education report, or in any other report submitted to 10 the department for accreditation purposes, results of assessments 11 taken under this subsection by a pupil in grade 11 or lower until 12 the results of that pupil's graduating class are otherwise 13 reported. 14 (11) All assessment instruments developed or selected and 15 approved by the state under any statute or rule for a purpose 16 related to K to 12 education shall be objective-oriented and con- 17 sistent with the state board model core academic content stan- 18 dards objectives. 19 (12) A person who has graduated from high school after 1996 20 and who has not previously taken an assessment under this section 21 may take an assessment used for the purposes of this section, 22 without charge to the person, at the district from which he or 23 she graduated from high school at any time that district adminis- 24 ters the assessment or during a retesting period scheduled under 25 subsection (7) and have his or her scaled score on the assessment 26 included on his or her high school transcript. If the person's 27 scaled score on a subject area assessment falls within the range 01697'99 7 1 required under subsection (2) for a category established under 2 subsection (2), the district shall also indicate on the person's 3 high school transcript that the person has achieved state 4 endorsement for that subject area. 5 (13) Not later than July 1 of each year until 2000, the 6 department shall submit a comprehensive report to the legislature 7 on the status of the assessment program under this section. The 8 report shall include at least all of the following: 9 (a) The annual pupil assessment data. 10 (b) A description of the feedback provided to pupils, par- 11 ents, and schools. 12 (c) A description of any significant alterations made in the 13 program by the department or state board during the period cov- 14 ered by the report. 15 (d) Any recommendations by the department or state board for 16 legislative changes to the program. 17 (e) An update of the reports of the assessment advisory com- 18 mittees of the state board. 19(14) Pupils scheduled to graduate in 1998 who took the20assessments used for the purposes of this section during the211996-97 school year may repeat 1 or more of the assessments22during the 1997-98 school year. The department, in cooperation23with districts, shall make arrangements for repeat assessments to24be available for these pupils in each district that operates a25high school during the 1997-98 school year in time for these26pupils to repeat the assessments before graduation. The repeat01697'99 8 1assessments may be administered at times other than regular2school hours.3 (14)(15)A child who is a student in a nonpublic school 4 or home school may take an assessment under this section. To 5 take an assessment, a child who is a student in a home school 6 shall contact the district in which the child resides, and that 7 district shall administer the assessment, or the child may take 8 the assessment at a nonpublic school if allowed by the nonpublic 9 school. Upon request from a nonpublic school, the department 10 shall supply assessments and the nonpublic school may administer 11 the assessment. 12 (15)(16)The purpose of the assessment under this section 13 is to assess pupil performance in mathematics, science, social 14 studies, and communication arts for the purpose of improving aca- 15 demic achievement and establishing a statewide standard of 16 competency. The assessment under this section provides a common 17 measure of data that will contribute to the improvement of 18 Michigan schools' curriculum and instruction by encouraging 19 alignment with Michigan's curriculum framework standards. These 20 standards are based upon the expectations of what pupils should 21 know and be able to do by the end of grade 11. 22 (16)(17)As used in this section: 23 (a) "Communications skills" means reading and writing. 24 (b) "Social studies" means geography, history, economics, 25 and American government. 26 Sec. 164c. (1) A district or intermediate district shall 27 not use funds appropriated under this act to purchase foreign 01697'99 9 1 goods or services if competitively priced American goods or 2 AMERICAN services of comparable quality are available. 3 (2) AS USED IN THIS SECTION: 4 (A) "AMERICAN GOODS" MEANS GOODS PRODUCED IN THE UNITED 5 STATES OF AMERICA. 6 (B) "AMERICAN SERVICES" MEANS SERVICES PROVIDED BY INDIVIDU- 7 ALS WHO ARE CITIZENS OF THE UNITED STATES OF AMERICA OR BY BUSI- 8 NESS ENTITIES THAT MAINTAIN THEIR PRINCIPAL PLACE OF BUSINESS IN 9 THE UNITED STATES OF AMERICA. 01697'99 Final page. TAV