SENATE BILL NO. 450 March 18, 1999, Introduced by Senator EMMONS 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 6 (MCL 388.1606), as amended by 1998 PA 553. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 6. (1) "Center program" means a program operated by a 2 district or intermediate district for special education pupils 3 from several districts in programs for the autistically impaired, 4 trainable mentally impaired, severely mentally impaired, severely 5 multiply impaired, hearing impaired, physically and otherwise 6 health impaired, and visually impaired. Programs for emotionally 7 impaired pupils housed in buildings that do not serve regular 8 education pupils also qualify. Unless otherwise approved by the 9 department, a center program either shall serve all constituent 10 districts within an intermediate district or shall serve several 11 districts with less than 50% of the pupils residing in the 01611'99 a TAV 2 1 operating district. In addition, special education center 2 program pupils placed part-time in noncenter programs to comply 3 with the least restrictive environment provisions of section 612 4 of part B of the individuals with disabilities education act, 5 title VI of Public Law 91-230, 20 U.S.C. 1412, may be considered 6 center program pupils for pupil accounting purposes for the time 7 scheduled in either a center program or a noncenter program. 8 (2) "District pupil retention rate" means the proportion of 9 pupils who have not dropped out of school in the immediately pre- 10 ceding school year and is equal to 1 minus the quotient of the 11 number of pupils unaccounted for in the immediately preceding 12 school year, as determined pursuant to subsection (3), divided by 13 the pupils of the immediately preceding school year. 14 (3) "District pupil retention report" means a report of the 15 number of pupils, excluding migrant and adult, in the district 16 for the immediately preceding school year, adjusted for those 17 pupils who have transferred into the district, transferred out of 18 the district, transferred to alternative programs, and have grad- 19 uated, to determine the number of pupils who are unaccounted 20 for. The number of pupils unaccounted for shall be calculated as 21 determined by the department. 22 (4) "Membership", except as otherwise provided in this act, 23 means for a district, public school academy, university school, 24 or intermediate district the sum of the product of .6 times the 25 number of full-time equated pupils in grades K to 12 actually 26 enrolled and in regular daily attendance on the pupil membership 27 count day for the current school year, plus the product of .4 01611'99 a 3 1 times the final audited count from the supplemental count day for 2 the immediately preceding school year, as determined by the 3 department and calculated by adding the number of pupils regis- 4 tered for attendance plus pupils received by transfer and minus 5 pupils lost as defined by rules promulgated by the state board, 6 and as corrected by a subsequent department audit. The amount of 7 the foundation allowance for a pupil in membership is determined 8 under section 20. In making the calculation of membership, all 9 of the following, as applicable, apply to determining the member- 10 ship of a district, public school academy, university school, or 11 intermediate district: 12 (a) Except as otherwise provided in this subsection, a pupil 13 shall be counted in membership in the pupil's educating district 14 or districts. An individual pupil shall not be counted for more 15 than a total of 1.0 full-time equated membership. 16 (b) If a pupil is educated in a district other than the 17 pupil's district of residence and the educating district is not 18 in the same intermediate district as the pupil's district of res- 19 idence, if the pupil is not being educated as part of a coopera- 20 tive education program, if the pupil's district of residence does 21 not give the educating district its approval to count the pupil 22 in membership in the educating district, and if the pupil is not 23 covered by an exception specified in subsection (6) to the 24 requirement that the educating district must have the approval of 25 the pupil's district of residence to count the pupil in member- 26 ship, the pupil shall not be counted in membership in any 27 district. 01611'99 a 4 1 (c) A special education pupil educated by the intermediate 2 district shall be counted in membership in the intermediate 3 district. 4 (d) A pupil placed by a court or state agency in an 5 on-grounds program of a juvenile detention facility, a child 6 caring institution, or a mental health institution, or a pupil 7 funded under section 53a, shall be counted in membership in the 8 district or intermediate district approved by the department to 9 operate the program. 10 (e) A pupil enrolled in the Michigan schools for the deaf 11 and blind shall be counted in membership in the pupil's interme- 12 diate district of residence. 13 (f) A pupil enrolled in a vocational education program sup- 14 ported by a millage levied over an area larger than a single dis- 15 trict or in an area vocational-technical education program estab- 16 lished pursuant to section 690 of the revised school code, MCL 17 380.690, shall be counted only in the pupil's district of 18 residence. 19 (g) A pupil enrolled in a university school shall be counted 20 in membership in the university school. 21 (h) A pupil enrolled in a public school academy shall be 22 counted in membership in the public school academy. 23 (i) For a new district, university school, or public school 24 academy beginning its operation after December 31, 1994, member- 25 ship for the first 2 full or partial fiscal years of operation 26 shall be determined as follows: 01611'99 a 5 1 (i) If operations begin before the pupil membership count 2 day for the fiscal year, membership is the average number of 3 full-time equated pupils in grades K to 12 actually enrolled and 4 in regular daily attendance on the pupil membership count day for 5 the current school year and on the supplemental count day for the 6 current school year, as determined by the department and calcu- 7 lated by adding the number of pupils registered for attendance on 8 the pupil membership count day plus pupils received by transfer 9 and minus pupils lost as defined by rules promulgated by the 10 state board, and as corrected by a subsequent department audit, 11 plus the final audited count from the supplemental count day for 12 the current school year, and dividing that sum by 2. 13 (ii) If operations begin after the pupil membership count 14 day for the fiscal year and not later than the supplemental count 15 day for the fiscal year, membership is the final audited count of 16 the number of full-time equated pupils in grades K to 12 actually 17 enrolled and in regular daily attendance on the supplemental 18 count day for the current school year. 19 (j) If a district is the authorizing body for a public 20 school academy, then, in the first school year in which pupils 21 are counted in membership on the pupil membership count day in 22 the public school academy, the determination of the district's 23 membership shall exclude from the district's pupil count for the 24 immediately preceding supplemental count day any pupils who are 25 counted in the public school academy on that first pupil member- 26 ship count day who were also counted in the district on the 27 immediately preceding supplemental count day. 01611'99 a 6 1 (k) In a district, public school academy, university school, 2 or intermediate district operating an extended school year pro- 3 gram approved by the state board, a pupil enrolled, but not 4 scheduled to be in regular daily attendance on a pupil membership 5 count day, shall be counted. 6 (l) Pupils to be counted in membership shall benot less7thanAT LEAST 5 years of ageon December 1and less than 20 8 years of age on September 1 of the school year except a special 9 education pupil who is enrolled and receiving instruction in a 10 special education program approved by the department and not 11 having a high school diploma who is less than 26 years of age as 12 of September 1 of the current school year shall be counted in 13 membership. 14 (m) An individual who has obtained a high school diploma 15 shall not be counted in membership. An individual who has 16 obtained a general education development (G.E.D.) certificate 17 shall not be counted in membership. An individual participating 18 in a job training program funded under former section 107a or a 19 jobs program funded under former section 107b, both administered 20 by the Michigan jobs commission, or participating in any succes- 21 sor of either of those 2 programs, shall not be counted in 22 membership. 23 (n) If a pupil counted in membership in a public school 24 academy is also educated by a district or intermediate district 25 as part of a cooperative education program, the pupil shall be 26 counted in membership only in the public school academy, and the 27 instructional time scheduled for the pupil in the district or 01611'99 a 7 1 intermediate district shall be included in the full-time equated 2 membership determination under subdivision (q). However, for 3 pupils receiving instruction in both a public school academy and 4 in a district or intermediate district but not as a part of a 5 cooperative education program, the following apply: 6 (i) If the public school academy provides instruction for at 7 least 1/2 of the class hours specified in subdivision (q), the 8 public school academy shall receive as its prorated share of the 9 full-time equated membership for each of those pupils an amount 10 equal to 1 times the product of the hours of instruction the 11 public school academy provides divided by the number of hours 12 specified in subdivision (q) for full-time equivalency, and the 13 remainder of the full-time membership for each of those pupils 14 shall be allocated to the district or intermediate district pro- 15 viding the remainder of the hours of instruction. 16 (ii) If the public school academy provides instruction for 17 less than 1/2 of the class hours specified in subdivision (q), 18 the district or intermediate district providing the remainder of 19 the hours of instruction shall receive as its prorated share of 20 the full-time equated membership for each of those pupils an 21 amount equal to 1 times the product of the hours of instruction 22 the district or intermediate district provides divided by the 23 number of hours specified in subdivision (q) for full-time equiv- 24 alency, and the remainder of the full-time membership for each of 25 those pupils shall be allocated to the public school academy. 26 (o) An individual less than 16 years of age as of September 27 1 of the current school year who is being educated in an 01611'99 a 8 1 alternative education program shall not be counted in membership 2 if there are also adult education participants being educated in 3 the same program or classroom. 4 (p) The department shall give a uniform interpretation of 5 full-time and part-time memberships. 6 (q) The number of class hours used to calculate full-time 7 equated memberships shall be consistent with section 1284 of the 8 revised school code, MCL 380.1284. In determining full-time 9 equated memberships for pupils who are enrolled in a postsecond- 10 ary institution, a pupil shall not be considered to be less than 11 a full-time equated pupil solely because of the effect of his or 12 her postsecondary enrollment, including necessary travel time, on 13 the number of class hours provided by the district to the pupil. 14 (r) Full-time equated memberships for pupils in kindergarten 15 shall be determined by dividing the number of class hours sched- 16 uled and provided per year per kindergarten pupil by a number 17 equal to 1/2 the number used for determining full-time equated 18 memberships for pupils in grades 1 to 12. 19 (s) For a district that has qualified currently migrant 20 pupils enrolled in the district as of the pupil membership count 21 day who were not counted in membership in the district on the 22 supplemental count day for the immediately preceding school year, 23 as determined by the department using the criteria used for eli- 24 gibility for the migrant education program under the improving 25 America's schools act of 1994, Public Law 103-382, 108 26 Stat. 3518, the number of those pupils counted in the district's 01611'99 a 9 1 membership is 3/4 of the number of those pupils counted on the 2 pupil membership count day only. 3 (t) For a district, university school, or public school 4 academy that has pupils enrolled in a grade level that was not 5 offered by the district, university school, or public school 6 academy in the immediately preceding school year, the number of 7 pupils enrolled in that grade level to be counted in membership 8 is the average of the number of those pupils enrolled and in reg- 9 ular daily attendance on the pupil membership count day and the 10 supplemental count day of the current school year, as determined 11 by the department. Membership shall be calculated by adding the 12 number of pupils registered for attendance in that grade level on 13 the pupil membership count day plus pupils received by transfer 14 and minus pupils lost as defined by rules promulgated by the 15 state board, and as corrected by subsequent department audit, 16 plus the final audited count from the supplemental count day for 17 the current school year, and dividing that sum by 2. 18 (u) A pupil enrolled in a cooperative education program may 19 be counted in membership in the pupil's district of residence 20 with the written approval of all parties to the cooperative 21 agreement. 22 (v) If, as a result of a disciplinary action, a district 23 determines through the district's alternative or disciplinary 24 education program that the best instructional placement for a 25 pupil is in the pupil's home, if that placement is authorized in 26 writing by the district superintendent and district alternative 27 or disciplinary education supervisor, and if the district 01611'99 a 10 1 provides appropriate instruction as described in this subdivision 2 to the pupil at the pupil's home, the district may count the 3 pupil in membership on a pro rata basis, with the proration based 4 on the number of hours of instruction the district actually pro- 5 vides to the pupil divided by the number of hours specified in 6 subdivision (q) for full-time equivalency. For the purposes of 7 this subdivision, a district shall be considered to be providing 8 appropriate instruction if all of the following are met: 9 (i) The district provides at least 2 nonconsecutive hours of 10 instruction per week to the pupil at the pupil's home under the 11 supervision of a certificated teacher. 12 (ii) The district provides instructional materials, 13 resources, and supplies, except computers, that are comparable to 14 those otherwise provided in the district's alternative education 15 program. 16 (iii) Course content is comparable to that in the district's 17 alternative education program. 18 (iv) Credit earned is awarded to the pupil and placed on the 19 pupil's transcript. 20 (w) A pupil enrolled in an alternative or disciplinary edu- 21 cation program described in section 25 shall be counted in mem- 22 bership in the district or public school academy that expelled 23 the pupil. 24 (x) For 1997-98 only, if a pupil was enrolled in a public 25 school academy on the pupil membership count day, if the public 26 school academy's contract with its authorizing body is revoked, 27 and if the pupil enrolls in a district within 45 days after the 01611'99 a 11 1 pupil membership count day, the department shall adjust the 2 district's pupil count for the pupil membership count day to 3 include the pupil in the count. 4 (5) "Public school academy" means a public school academy 5 operating under the revised school code. 6 (6) "Pupil" means a person in membership in a public 7 school. A district must have the approval of the pupil's dis- 8 trict of residence to count the pupil in membership, except 9 approval by the pupil's district of residence shall not be 10 required for any of the following: 11 (a) Nonpublic part-time pupils enrolled in grades 1 to 12 in 12 accordance with section 166b. 13 (b) Pupils receiving 1/2 or less of their instruction in a 14 district other than their district of residence. 15 (c) Pupils enrolled in a public school academy or university 16 school. 17 (d) Pupils enrolled in a district other than their district 18 of residence under an intermediate district schools of choice 19 pilot program as described in section 91a or former section 91 if 20 the intermediate district and its constituent districts have been 21 exempted from section 105. 22 (e) Pupils enrolled in a district other than their district 23 of residence but within the same intermediate district if the 24 educating district enrolls nonresident pupils in accordance with 25 section 105. 26 (f) Pupils enrolled in a district other than their district 27 of residence if the pupils have been continuously enrolled in the 01611'99 a 12 1 educating district since a school year in which the pupils 2 enrolled in the educating district under section 105 and in which 3 the educating district enrolled nonresident pupils in accordance 4 with section 105. 5 (g) A nonresident pupil who has made an official written 6 complaint or whose parent or legal guardian has made an official 7 written complaint to law enforcement officials and to school 8 officials of the pupil's district of residence that the pupil has 9 been the victim of a criminal sexual assault or other serious 10 assault, if the official complaint either indicates that the 11 assault occurred at school or that the assault was committed by 1 12 or more other pupils enrolled in the school the nonresident pupil 13 would otherwise attend in the district of residence or by an 14 employee of the district of residence. A person who intention- 15 ally makes a false report of a crime to law enforcement officials 16 for the purposes of this subdivision is subject to section 411a 17 of the Michigan penal code, 1931 PA 328, MCL 750.411a, which pro- 18 vides criminal penalties for that conduct. As used in this 19 subdivision: 20 (i) "At school" means in a classroom, elsewhere on school 21 premises, on a school bus or other school-related vehicle, or at 22 a school-sponsored activity or event whether or not it is held on 23 school premises. 24 (ii) "Serious assault" means an act that constitutes a 25 felony violation of chapter XI of the Michigan penal code, 1931 26 PA 328, MCL 750.81 to 750.90f, or that constitutes an assault and 01611'99 a 13 1 infliction of serious or aggravated injury under section 81a of 2 the Michigan penal code, 1931 PA 328, MCL 750.81a. 3 However, if a district that is not a first class district 4 educates pupils who reside in a first class district and if the 5 primary instructional site for those pupils is located within the 6 boundaries of the first class district, the educating district 7 must have the approval of the first class district to count those 8 pupils in membership. As used in this subsection, "first class 9 district" means a district organized as a school district of the 10 first class under the revised school code. 11 (7) "Pupil membership count day" of a district or intermedi- 12 ate district means: 13 (a) Except as provided in subdivision (b), the fourth 14 Wednesday in September each school year. 15 (b) For a district or intermediate district maintaining 16 school during the entire school year, the following days: 17 (i) Fourth Wednesday in July. 18 (ii) Fourth Wednesday in September. 19 (iii) Second Wednesday in February. 20 (iv) Fourth Wednesday in April. 21 (8) "Rule" means a rule promulgated pursuant to the adminis- 22 trative procedures act of 1969, 1969 PA 306, MCL 24.201 to 23 24.328. 24 (9) "The revised school code" means 1976 PA 451, MCL 380.1 25 to 380.1852. 26 (10) "School fiscal year" means a fiscal year that commences 27 July 1 and continues through June 30. 01611'99 a 14 1 (11) "State board" means the state board of education. 2 (12) "Supplemental count day" means the day on which the 3 supplemental pupil count is conducted under section 6a. 4 (13) "Tuition pupil" means a pupil of school age attending 5 school in a district other than the pupil's district of residence 6 for whom tuition may be charged. Tuition pupil does not include 7 a pupil who is a special education pupil or a pupil described in 8 subsection (6)(d) to (g). A pupil's district of residence shall 9 not require a high school tuition pupil, as provided under sec- 10 tion 111, to attend another school district after the pupil has 11 been assigned to a school district. 12 (14) "State school aid fund" means the state school aid fund 13 established in section 11 of article IX of the state constitution 14 of 1963. 15 (15) "Taxable value" means the taxable value of property as 16 determined under section 27a of the general property tax act, 17 1893 PA 206, MCL 211.27a. 18 (16) "Total state aid" or "total state school aid" means the 19 total combined amount of all funds due to a district, intermedi- 20 ate district, or other entity under all of the provisions of this 21 act. 22 (17) "University school" means an instructional program 23 operated by a public university under section 23 that meets the 24 requirements of section 23. 01611'99 a Final page. TAV