SB-1156, As Passed Senate, November 10, 2004
SUBSTITUTE FOR
SENATE BILL NO. 1156
A bill to amend 1999 PA 94, entitled
"Michigan merit award scholarship act,"
by amending sections 2, 6, 7, 8, and 9 (MCL 390.1452, 390.1456,
390.1457, 390.1458, and 390.1459), sections 2 and 7 as amended by
2002 PA 736, section 6 as amended by 2002 PA 537, and section 8
as amended by 2004 PA 69, and by adding sections 7a and 7b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. As used in this act:
2 (a) "Approved postsecondary educational institution" means
3 any of the following:
4 (i) A degree or certificate granting public or private
5 college or university, junior college, or community college.
6 (ii) A service academy.
7 (iii) An educational institution, other than an educational
8 institution described in subparagraph (i) or (ii), granting
1 degrees, certificates, or other recognized credentials and
2 designated by the board as an approved postsecondary educational
3 institution.
4 (iv) A program of an educational institution, other than an
5 educational institution described in subparagraph (i) or (ii),
6 granting degrees, certificates, or other recognized credentials
7 and designated by the board as an approved postsecondary
8 educational institution.
9 (b) "Assessment
test" means the Michigan education
10 assessment program
(MEAP) subject area assessments or any
11 successor assessment
test designated by the board middle
school
12 assessment test, the high school assessment test, or the Michigan
13 merit examination.
14 (c) "Board" means the Michigan merit award board established
15 in this act.
16 (d) "Department of career development" means the department
17 of career development created in Executive Order No. 1999-1.
18 (e) "Eligible costs" means tuition and fees charged by an
19 approved postsecondary educational institution; related costs for
20 room, board, books, supplies, transportation, or day care; and
21 other costs determined by the board.
22 (f) "Fiscal year" means the fiscal year of this state.
23 (g) "High school assessment test" means the state assessments
24 described in section 1279 of the revised school code, 1976 PA
25 451, MCL 380.1279, and section 104a of the state school aid act,
26 1979 PA 94, MCL 388.1704a.
27 (h) (g) "Michigan merit
award scholarship" means a
1 scholarship awarded by the board under section 7 or 7a.
2 (i) "Michigan merit examination" means the Michigan merit
3 examination described in section 1279g of the revised school
4 code, 1976 PA 451, MCL 380.1279g, and section 104b of the state
5 school aid act of 1979, 1979 PA 94, MCL 388.1704b.
6 (j) "Middle school assessment test" means the Michigan
7 education assessment program (MEAP) subject area assessments
8 given in grades 7 and 8 or any successor assessment test
9 designated by the board.
10 (k) (h) "Qualifying
results" means assessment test results,
11 scores, or ranges of scores determined by the board that qualify
12 a student pupil
for a Michigan merit award scholarship under
13 section 7 or 7a.
14 (l) (i) "Service
academy" means the United States military
15 academy, United States naval academy, United States air force
16 academy, United States coast guard academy, or United States
17 merchant marine academy.
18 (m) (j) "State
board" means the state board of education.
19 (n) (k) "Superintendent"
means the superintendent of public
20 instruction.
21 (o) (l) "Tobacco
settlement revenue" means money received
22 by this state that is attributable to the master settlement
23 agreement incorporated into a consent decree and final judgment
24 entered on December 7, 1998 in Kelley Ex Rel. Michigan v Philip
25 Morris Incorporated, et al., Ingham county circuit court, docket
26 no. 96-84281CZ.
27 (p) (m) "Trust
fund" means the Michigan merit award trust
1 fund established in section 3.
2 Sec. 6. (1) The board shall conduct business in compliance
3 with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
4 The board shall give public notice of the time, date, and place
5 of meetings of the board in the manner required by the open
6 meetings act, 1976 PA 267, MCL 15.261 to 15.275.
7 (2) The board shall meet not less than annually and shall
8 keep a record of its proceedings. The board shall make any
9 writing prepared, owned, used, in the possession of, or retained
10 by the board in the performance of an official function available
11 to the public in compliance with the freedom of information act,
12 1976 PA 442, MCL 15.231 to 15.246.
13 (3) Except as provided in subsection (4), the board shall
14 obtain and make available to the public all of the qualifying
15 questions and answers, along with the corresponding answer key,
16 to a high school assessment test or a middle school assessment
17 tests test administered during the spring of the preceding
18 school year not later than September 1. The board shall obtain
19 and make available to the public preparatory materials for the
20 Michigan merit examination that contain sample test questions and
21 correct answers.
22 (4) If any question will
be used is designated by the state
23 board of education for use in a future high school assessment
24 test or middle school assessment test for validity purposes, the
25 board may elect not to make that question and the answer
26 available to the public under subsection (3) for a period of up
27 to 2 years from the date the assessment test that first includes
1 the question is administered.
2 (5) By December 1 of each year, the board shall submit a
3 report on its activities to the governor and to the legislature.
4 The report shall contain all of the following information:
5 (a) A list of approved postsecondary educational institutions
6 for the current and immediately preceding fiscal years.
7 (b) The number of Michigan merit award scholarships awarded
8 and the total amount of Michigan merit award scholarship money
9 paid in the immediately preceding fiscal year.
10 (c) A projection of revenues and expenditures from the trust
11 fund for the current fiscal year and the next 10 fiscal years.
12 (d) The dollar amount of the Michigan merit award
13 scholarships available
under section 7(2) and (3) sections 7
14 and 7a in the current fiscal year, the amount of any adjustments
15 to the dollar amount
under section 7(5) sections 7(4) and 7a(2)
16 from the beginning of the immediately preceding fiscal year, and
17 any adjustments to the dollar amount projected for the remainder
18 of the current fiscal year or for the next fiscal year.
19 (e) All of the following results, scores, or ranges of
20 scores:
21 (i) Used as qualifying results in the immediately preceding
22 fiscal year.
23 (ii) Determined by the board as qualifying results in the
24 current fiscal year.
25 (iii) Projected by the board as qualifying results for the
26 next fiscal year.
27 (f) For the immediately preceding fiscal year, the number of
1 students pupils who took the assessment tests, the
number of
2 students pupils by subject area who received qualifying
3 results, the number of graduating high school seniors who met the
4 requirements for a Michigan merit award scholarship, and the
5 total number of students
pupils who met the requirements for a
6 Michigan merit award scholarship.
7 (g) The number of persons participating in and the amount
8 awarded in the immediately preceding fiscal year under the
9 tuition incentive program
described in section 310 of 2002 PA
10 144 2003 PA 144 or a successor to that program.
11 (6) At least 60 days before changing the results, scores, or
12 ranges of scores used as qualifying results, the board shall
13 provide written notice of its intent to change the results,
14 scores, or ranges of scores used as qualifying results, and a
15 report explaining the board's decision to change the results,
16 scores, or ranges of scores used as qualifying results, to the
17 standing committees of the senate and the house of
18 representatives that have primary jurisdiction over legislation
19 pertaining to education. The standing committees shall review
20 the board's report and may hold hearings on the board's
21 decision.
22 Sec. 7. (1) The Michigan merit award scholarship program is
23 established. The board shall administer the Michigan merit award
24 scholarship program.
25 (2) Subject to subsection (6) and section 7b(2) and (5), and
26 to adjustment under subsection (4), each student enrolled in
27 grade 11 in or after the 1998-1999 school year and before the
1 2006-2007 school year who
meets the requirements of subsection
2 (4), and subject to
adjustment under subsection (5), section
3 7b(1) is eligible for the award of a $2,500.00 Michigan merit
4 award scholarship if the student is enrolled in an approved
5 postsecondary educational institution in this state or in a
6 service academy, or the award of a $1,000.00 Michigan merit award
7 scholarship if the student is enrolled in an approved
8 postsecondary educational institution outside this state other
9 than a service academy, if the board finds that the student while
10 in high school has taken the high school assessment test in the
11 subject areas of reading, writing, mathematics, and science and
12 meets 1 of the following:
13 (a) Has received qualifying results in each of the subject
14 areas of reading, writing, mathematics, and science.
15 (b) Did not receive qualifying results in 1 or 2 of the
16 subject areas of reading, writing, mathematics, and science, but
17 received an overall score in the top 25% of a nationally
18 recognized college admission examination.
19 (c) Did not receive qualifying results in 1 or 2 of the
20 subject areas of reading, writing, mathematics, and science, but
21 received a qualifying score or scores as determined by the board
22 on a nationally recognized job skills assessment test designated
23 by the board.
24 (3) Subject to
subsection (6) and to adjustment under
25 subsection (5), a
student who was enrolled in grade 7 in or after
26 the 1999-2000 school
year and who the board finds has taken the
27 assessment test in
each of the subject areas while in grades 7
1 and 8 is eligible for
1 of the following additional Michigan
2 merit award
scholarships:
3 (a) If the board
finds that the student while in grades 7 and
4 8 received qualifying
results in 2 of the subject areas of
5 reading, writing,
mathematics, and science, an additional
6 Michigan merit award scholarship of $250.00.
7 (b) If the board
finds that the student while in grades 7 and
8 8 received qualifying
results in 3 of the subject areas of
9 reading, writing,
mathematics, and science, an additional
10 Michigan merit award scholarship of $375.00.
11 (c) If the board
finds that the student while in grades 7 and
12 8 received qualifying
results in all of the subject areas of
13 reading, writing,
mathematics, and science, an additional
14 Michigan merit award scholarship of $500.00.
15 (4) In addition to
the requirements set forth in subsections
16 (2) and (3), to be
eligible for the award of 1 or both Michigan
17 merit award
scholarships under this section, the board must find
18 that a student
satisfies all of the following:
19 (a) The student
has graduated from high school or passed the
20 general educational
development (GED) test or other graduate
21 equivalency
examination approved by the state board.
22 (b) The student
graduated from high school or passed the
23 general educational
development (GED) test or other graduate
24 equivalency
examination approved by the state board within 1 of
25 the following time
periods:
26 (i) If the student graduated from high school or passed
the
27 test or examination
before March 1, 2002, within the 7-year
1 period preceding the
student's application to receive his or her
2 Michigan merit award scholarship money.
3 (ii) If the student graduated on or after March 1, 2002,
4 within the 4-year
period preceding the date of the student's
5 application to receive
his or her Michigan merit award
6 scholarship money, or
if the student becomes a member of the
7 United States armed forces or peace corps during this 4-year
8 period and serves for
4 years or less, the 4-year period is
9 extended by a period
equal to the number of days the student
10 served as a member of
the United States armed forces or peace
11 corps. The board may
also extend the 4-year period if the board
12 determines that an
extension is warranted because of an illness
13 or disability of the
student or in the student's immediate family
14 or another family
emergency.
15 (c) The student is
enrolled in an approved postsecondary
16 educational
institution. For students who qualify under
17 subsection (2)(c), the
student is enrolled in a vocational or
18 technical education
program at an approved postsecondary
19 educational
institution.
20 (d) The student
has not been convicted of a felony involving
21 an assault, physical
injury, or death.
22 (e) The student
satisfies any additional eligibility
23 requirements established
by the board.
24 (3) Subject to subsection (6) and section 7b(5) and to
25 adjustment under subsection (4), each student enrolled in grade
26 11 in or after the 2006-2007 school year who meets the
27 requirements of section 7b(1) is eligible for the award of a
1 $2,500.00 Michigan merit award scholarship if the student is
2 enrolled in an approved postsecondary educational institution in
3 this state or in a service academy, or the award of a $1,000.00
4 Michigan merit award scholarship if the student is enrolled in an
5 approved postsecondary educational institution outside this state
6 other than a service academy, if the board finds that the student
7 while in high school has taken the Michigan merit examination and
8 received qualifying results in each of the subject area
9 components of the Michigan merit examination.
10 (4) (5) In
any fiscal year, the board may adjust the amount
11 of a Michigan merit award scholarship available to students
12 eligible under 1 or more
of subsections (2), (3), and (9) (5),
13 based upon its determination of available resources and amounts
14 appropriated, but the board shall not increase an amount by more
15 than 5% in any fiscal year. The board shall notify the governor,
16 the speaker of the house of representatives, and the majority
17 leader of the senate in writing at least 30 days before an
18 adjustment under this subsection.
19 (6) For
assessment tests administered after January 1, 2000,
20 the board shall not
use the assessment test to determine
21 eligibility for a
Michigan merit award scholarship under this
22 section for a
particular year unless the board has reviewed and
23 approved the
assessment test before it was administered for that
24 year.
25 (7) The board
shall provide each student written notice of
26 whether or not the
student is eligible for the award of 1 or more
27 Michigan merit award
scholarships described in this section. If
1 the student is
eligible, the written notice shall also contain
2 the Michigan merit
award scholarship amount for which the student
3 is eligible, how the
student applies for payment of Michigan
4 merit award
scholarship, and any other information the board
5 considers necessary
regarding qualification requirements or
6 conditions relating to
the use of the Michigan merit award
7 scholarship.
8 (8) It is the
intent of the legislature that the level of
9 student performance
required to achieve qualifying results in a
10 subject area of an
assessment test remains approximately the
11 same, and that the
board not reduce the required level of student
12 performance as a means
of increasing the number of Michigan merit
13 award scholarships
awarded.
14 (5) (9) If
a student who has previously received a
15 $1,000.00 Michigan merit award scholarship under this section as
16 a student enrolled in an approved postsecondary educational
17 institution outside of this state other than a service academy
18 enrolls in an approved postsecondary educational institution in
19 this state and meets the
requirements of subsection (4) section
20 7b(1), and subject to
adjustment under subsection (5) (4), the
21 student is eligible for the award of an additional $1,500.00
22 Michigan merit award scholarship.
23 (10) A pupil who
does not initially receive qualifying
24 results shall be
extended an opportunity to achieve the requisite
25 qualifying results by
taking a subsequent assessment test.
26 (11) A nonpublic
school student or home school student may
27 take, and the board
shall administer if requested, an assessment
1 test at a site
designated by the board.
2 (6) If the United States department of education has not
3 approved the use of the Michigan merit examination for the
4 purposes of the federal no child left behind act of 2001, Public
5 Law 107-110, by December 31, 2006, all of the following apply:
6 (a) Eligibility for a Michigan merit award scholarship under
7 this section shall be determined under subsection (2) until the
8 next calendar year that begins after that approval occurs.
9 (b) Eligibility for a Michigan merit award scholarship under
10 this section shall be determined under subsection (3) beginning
11 in the next calendar year that begins after that approval occurs.
12 Sec. 7a. (1) Subject to section 7b(2) and to adjustment
13 under subsection (2), a student who was enrolled in grade 7 in or
14 after the 1999-2000 school year, who meets the requirements of
15 section 7b(1), and who the board finds has taken the middle
16 school assessment test in each of the subject areas while in
17 grades 7 and 8 is eligible for 1 of the following Michigan merit
18 award scholarships:
19 (a) If the board finds that the student while in grades 7 and
20 8 received qualifying results in 2 of the subject areas of
21 reading, writing, mathematics, and science, a Michigan merit
22 award scholarship of $250.00.
23 (b) If the board finds that the student while in grades 7 and
24 8 received qualifying results in 3 of the subject areas of
25 reading, writing, mathematics, and science, a Michigan merit
26 award scholarship of $375.00.
27 (c) If the board finds that the student while in grades 7 and
1 8 received qualifying results in all of the subject areas of
2 reading, writing, mathematics, and science, a Michigan merit
3 award scholarship of $500.00.
4 (2) In any fiscal year, the board may adjust the amount of a
5 Michigan merit award scholarship available to students eligible
6 under subsection (1) based upon its determination of available
7 resources and amounts appropriated, but the board shall not
8 increase an amount by more than 5% in any fiscal year. The board
9 shall notify the governor, the speaker of the house of
10 representatives, and the majority leader of the senate in writing
11 at least 30 days before an adjustment under this subsection.
12 Sec. 7b. (1) In addition to the requirements set forth in
13 section 7(2) or (3) or section 7a(1), to be eligible for the
14 award of a Michigan merit award scholarship under this act, the
15 board must find that a student satisfies all of the following:
16 (a) The student has graduated from high school or passed the
17 general educational development (GED) test or other graduate
18 equivalency examination approved by the state board.
19 (b) The student graduated from high school or passed the
20 general educational development (GED) test or other graduate
21 equivalency examination approved by the state board within 1 of
22 the following time periods:
23 (i) If the student graduated from high school or passed the
24 test or examination before March 1, 2002, within the 7-year
25 period preceding the student's application to receive his or her
26 Michigan merit award scholarship money.
27 (ii) If the student graduated on or after March 1, 2002,
1 within the 4-year period preceding the date of the student's
2 application to receive his or her Michigan merit award
3 scholarship money, or if the student becomes a member of the
4 United States armed forces or peace corps during this 4-year
5 period and serves for 4 years or less, the 4-year period is
6 extended by a period equal to the number of days the student
7 served as a member of the United States armed forces or peace
8 corps. The board may also extend the 4-year period if the board
9 determines that an extension is warranted because of an illness
10 or disability of the student or in the student's immediate family
11 or another family emergency.
12 (c) The student is enrolled in an approved postsecondary
13 educational institution. For students who qualify under section
14 7(2)(c), the student is enrolled in a vocational or technical
15 education program at an approved postsecondary educational
16 institution.
17 (d) The student has not been convicted of a felony involving
18 an assault, physical injury, or death.
19 (e) The student satisfies any additional eligibility
20 requirements established by the board.
21 (2) For a middle school assessment test or high school
22 assessment test administered after January 1, 2000, the board
23 shall not use that assessment test to determine eligibility for a
24 Michigan merit award scholarship under this section for a
25 particular year unless the board has reviewed and approved that
26 assessment test before it was administered for that year.
27 (3) The board shall provide each pupil written notice of
1 whether or not the pupil is eligible for the award of 1 or more
2 Michigan merit award scholarships described in this act. If the
3 pupil is eligible, the written notice shall also contain the
4 Michigan merit award scholarship amount for which the pupil is
5 eligible, how the pupil applies for payment of Michigan merit
6 award scholarship, and any other information the board considers
7 necessary regarding qualification requirements or conditions
8 relating to the use of the Michigan merit award scholarship.
9 (4) It is the intent of the legislature that the level of
10 pupil performance required to achieve qualifying results in a
11 subject area of an assessment test remains approximately the
12 same, and that the board not reduce the required level of pupil
13 performance as a means of increasing the number of Michigan merit
14 award scholarships awarded.
15 (5) A pupil who does not initially receive qualifying results
16 shall be extended an opportunity to achieve the requisite
17 qualifying results by taking a subsequent assessment test. A
18 pupil described in this subsection who is enrolled in grade 12 in
19 the 2006-2007 school year, or enrolled in grade 12 in the first
20 calendar year after the approval described in section 7(6) occurs
21 if that subsection applies, may elect either of the following:
22 (a) To take the high school assessment test for the purpose
23 of qualifying for a Michigan merit award scholarship under
24 section 7(2).
25 (b) To take the Michigan merit examination for the purpose of
26 qualifying for a Michigan merit award scholarship under section
27 7(3).
1 (6) A nonpublic school pupil or home school pupil may take,
2 and the board shall administer if requested, an assessment test
3 at a site designated by the board.
4 Sec. 8. (1) Michigan merit award scholarship money shall be
5 used only to pay for eligible costs.
6 (2) The board shall determine the manner and form of
7 application for payment of a Michigan merit award scholarship by
8 a student eligible under section
7 this act and the procedure
9 for payment to the student or to an approved postsecondary
10 educational institution on the student's behalf, subject to 1 of
11 the following, as applicable:
12 (a) As determined by the board, upon the request of a student
13 or parent or legal guardian of a minor student, the board may pay
14 a Michigan merit award scholarship in 2 consecutive annual
15 installments rather than 1 lump sum for a student who graduates
16 from high school or passes the general educational development
17 (GED) test or approved graduate equivalency examination before
18 March 1, 2003.
19 (b) For each student who graduates from high school or passes
20 the general educational development (GED) test or approved
21 graduate equivalency examination on or after March 1, 2003 and
22 before March 1, 2004, the board shall pay a Michigan merit award
23 scholarship in 2 consecutive annual installments, beginning in
24 the state fiscal year for which the student is otherwise
25 eligible. under
section 7. The first installment shall not
26 exceed 50% of the award amount, and the second installment shall
27 consist of the remaining award amount. Verification that the
1 student has met the
enrollment criteria under section 7(4)(c)
2 7b(1)(c) is required prior
to issuance before payment of the
3 second installment.
4 (c) For each student who graduates from high school or passes
5 the general educational development (GED) test or approved
6 graduate equivalency examination on or after March 1, 2004, the
7 board shall pay a Michigan merit award scholarship in 2
8 consecutive annual installments, beginning in the state fiscal
9 year that begins after the beginning of the academic year for
10 which the student is
otherwise eligible. under section 7. The
11 first installment shall not exceed 50% of the award amount, and
12 the second installment shall consist of the remaining award
13 amount. Verification that the student has met the enrollment
14 criteria under section 7(4)(c)
7b(1)(c) is required prior to
15 issuance before payment of the second installment.
16 (3) An approved postsecondary educational institution shall
17 not consider a Michigan merit award scholarship in determining a
18 student's eligibility for a financial aid program administered by
19 this state. It is the intent of the legislature that an approved
20 postsecondary educational institution not reduce
21 institutionally-funded student aid because of the Michigan merit
22 award scholarship program.
23 (4) Before payment of a Michigan merit award scholarship to a
24 student or an approved postsecondary educational institution, the
25 student shall certify or affirm in writing to the board each of
26 the following:
27 (a) That the student is enrolled at an approved postsecondary
1 educational institution.
2 (b) The name of the approved postsecondary educational
3 institution in which the student is enrolled.
4 (c) That the student agrees to use the Michigan merit award
5 scholarship only for eligible costs.
6 (d) That the student has not been convicted of a felony
7 involving an assault, physical injury, or death.
8 (e) That the student graduated from high school or passed the
9 general educational development (GED) test or approved graduate
10 equivalency examination within 1 of the following time periods:
11 (i) If the student graduated from high school or passed the
12 test or examination before March 1, 2002, within the 7-year
13 period preceding the date of the student's application to receive
14 his or her Michigan merit award scholarship.
15 (ii) If the student graduated on or after March 1, 2002,
16 within the 4-year period preceding the date of the student's
17 application to receive his or her Michigan merit award
18 scholarship, or within a period equal to 4 years plus the number
19 of days the student served as a member of the United States armed
20 forces or peace corps if the student became a member of the
21 United States armed forces or peace corps during this 4-year
22 period and served for 4 years or less. The board may also extend
23 the 4-year period if the board determines that an extension is
24 warranted because of an illness or disability of the student or
25 in the student's immediate family or another family emergency.
26 (5) The board shall not begin disbursing funds for a Michigan
27 merit award scholarship to a student or an approved postsecondary
1 educational institution on behalf of the student unless it
2 receives the request or application for payment, including the
3 written certification or affirmation described in this section,
4 from the student on or before 1 of the following dates, for
5 disbursement in that academic year:
6 (a) In the 2002-2003 academic year, January 15.
7 (b) In the 2003-2004 academic year, September 15 if the
8 student received notification of eligibility prior to August 1.
9 (c) In the 2003-2004 academic year, November 15 if the
10 student received notification of eligibility on or after August
11 1.
12 (d) In the 2004-2005 academic year, December 15.
13 (e) (d) In
any other academic year, October November 15.
14 Sec. 9. The board may promulgate rules pursuant to the
15 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
16 24.328, to implement and administer this act, including, but not
17 limited to, 1 or more of the following:
18 (a) Rules establishing the board's administrative
19 procedures.
20 (b) Rules governing the qualification requirements for or the
21 award of Michigan merit award scholarships under this act.
22 (c) Rules establishing an appeals process from a
23 determination of ineligibility for a Michigan merit award
24 scholarship.
25 (d) Rules establishing what information or reports a student
26 or postsecondary educational institution must provide to
27 establish eligibility and when that information or those reports
1 must be provided.
2 (e) Rules prescribing the reports to be made by a student
3 awarded 1 or more Michigan merit award scholarships and by a
4 postsecondary educational institution to which the Michigan merit
5 award scholarship is paid.
6 (f) Rules
governing assessment test administration and
7 addressing cheating on
an assessment test.
8 Enacting section 1. This amendatory act does not take
9 effect unless all of the following bills of the 92nd Legislature
10 are enacted into law:
11 (a) Senate Bill No. 1153.
12 (b) Senate Bill No. 1154.
13 (c) Senate Bill No. 1155.
14 (d) Senate Bill No. 1157.