May 7, 2003, Introduced by Reps. Milosch, Hoogendyk, Brandenburg, Caswell, Sheen and Drolet and referred to the Committee on Education.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 105 and 105c (MCL 388.1705 and 388.1705c),
section 105 as amended by 2002 PA 191 and section 105c as amended
by 2000 PA 297.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 105. (1) In order to avoid a penalty under this
2 section, and in order to count a nonresident pupil residing
3 within the same intermediate district in membership without the
4 approval of the pupil's district of residence, a district shall
5 comply with this section.
6 (2) Except as otherwise provided in this section, a district
7 shall determine
whether or not it will that has
space available
8 in 1 or more grades, schools, or special programs shall accept
9 applications for enrollment by nonresident applicants residing
1 within the same intermediate district for the next school year in
2 those grades, schools, or programs. If the district determines
3 to accept applications
for enrollment of a number of
4 nonresidents, beyond
those entitled to Subject to
enrollment
5 preference under this section, the district shall use the
6 following procedures for accepting applications from and
7 enrolling nonresidents:
8 (a) The district shall publish the grades, schools, and
9 special programs , if
any, for which enrollment may be
10 available to, and for which applications will be accepted from,
11 nonresident applicants residing within the same intermediate
12 district.
13 (b) If the district has a limited number of positions
14 available for nonresidents residing within the same intermediate
15 district in a grade, school, or program, all of the following
16 apply to accepting applications for and enrollment of
17 nonresidents in that grade, school, or program:
18 (i) The district shall do all of the following not later than
19 the second Friday in August:
20 (A) Provide notice to the general public that applications
21 will be taken for a 15-day period from nonresidents residing
22 within the same intermediate district for enrollment in that
23 grade, school, or program. The notice shall identify the 15-day
24 period and the place and manner for submitting applications.
25 (B) During the application period under sub-subparagraph (A),
26 accept applications from nonresidents residing within the same
27 intermediate district for enrollment in that grade, school, or
1 program.
2 (C) Within 15 days after the end of the application period
3 under sub-subparagraph (A), using the procedures and preferences
4 required under this section, determine which nonresident
5 applicants will be allowed to enroll in that grade, school, or
6 program, using the random draw system required under subsection
7 (13) (12) as necessary, and notify the parent or
legal guardian
8 of each nonresident applicant of whether or not the applicant may
9 enroll in the district. The notification to parents or legal
10 guardians of nonresident applicants accepted for enrollment shall
11 contain notification of the date by which the applicant must
12 enroll in the district and procedures for enrollment.
13 (ii) Beginning on the third Monday in August and not later
14 than the end of the first week of school, if any positions become
15 available in a grade, school, or program due to accepted
16 applicants failing to enroll or to more positions being added,
17 the district may enroll nonresident applicants from the waiting
18 list maintained under
subsection (13) (12), offering enrollment
19 in the order that applicants appear on the waiting list. If
20 there are still positions available after enrolling all
21 applicants from the waiting list who desire to enroll, the
22 district may not fill those positions until the second semester
23 enrollment under subsection (3), as provided under that
24 subsection, or until the next school year.
25 (c) For a grade, school, or program that has an unlimited
26 number of positions available for nonresidents residing within
27 the same intermediate district, all of the following apply to
1 enrollment of nonresidents in that grade, school, or program:
2 (i) The district may accept applications for enrollment in
3 that grade, school, or program, and may enroll nonresidents
4 residing within the same intermediate district in that grade,
5 school, or program, until the end of the first week of school.
6 The district shall provide notice to the general public of the
7 place and manner for submitting applications and, if the district
8 has a limited application period, the notice shall include the
9 dates of the application period. The application period shall be
10 at least a 15-day period.
11 (ii) Not later than the end of the first week of school, the
12 district shall notify the parent or legal guardian of each
13 nonresident applicant who is accepted for enrollment that the
14 applicant has been accepted for enrollment in the grade, school,
15 or program and of the date by which the applicant must enroll in
16 the district and the procedures for enrollment.
17 (3) If a district determines during the first semester of a
18 school year that it has positions available for enrollment of a
19 number of nonresidents residing within the same intermediate
20 district, beyond those entitled to preference under this section,
21 for the second semester
of the school year, the district may
22 shall accept applications from and enroll nonresidents residing
23 within the same intermediate district for the second semester
24 using the following procedures:
25 (a) Not later than 2 weeks before the end of the first
26 semester, the district shall publish the grades, schools, and
27 special programs, if any, for which enrollment for the second
1 semester may be available to, and for which applications will be
2 accepted from, nonresident applicants residing within the same
3 intermediate district.
4 (b) During the last 2 weeks of the first semester, the
5 district shall accept applications from nonresidents residing
6 within the same intermediate district for enrollment for the
7 second semester in the available grades, schools, and programs.
8 (c) By the beginning of the second semester, using the
9 procedures and preferences required under this section, the
10 district shall determine which nonresident applicants will be
11 allowed to enroll in the district for the second semester and
12 notify the parent or legal guardian of each nonresident applicant
13 residing within the same intermediate district of whether or not
14 the applicant may enroll in the district. The notification to
15 parents or legal guardians of nonresident applicants accepted for
16 enrollment shall contain notification of the date by which the
17 applicant must enroll in the district and procedures for
18 enrollment.
19 (4) If deadlines similar to those described in subsection (2)
20 or (3) have been established in an intermediate district, and if
21 those deadlines are not later than the deadlines under
22 subsection (2) or (3), the districts within the intermediate
23 district may use those deadlines.
24 (5) A district
offering to enroll nonresident applicants
25 residing within the
same intermediate district may limit the
26 number of nonresident
pupils it accepts in a grade, school, or
27 program, at its
discretion, and may use that limit as the reason
1 for refusal to enroll
an applicant.
2 (5) (6) A
nonresident applicant residing within the same
3 intermediate district shall not be granted or refused enrollment
4 based on intellectual, academic, artistic, or other ability,
5 talent, or accomplishment, or lack thereof, or based on a mental
6 or physical disability, except that a district may refuse to
7 admit a nonresident applicant if the applicant does not meet the
8 same criteria, other than residence, that an applicant who is a
9 resident of the district must meet to be accepted for enrollment
10 in a grade or a specialized, magnet, or intra-district choice
11 school or program to which the applicant applies.
12 (6) (7) A
nonresident applicant residing within the same
13 intermediate district shall not be granted or refused enrollment
14 based on age, except that a district may refuse to admit a
15 nonresident applicant applying for a program that is not
16 appropriate for the age of the applicant.
17 (7) (8) A
nonresident applicant residing within the same
18 intermediate district shall not be granted or refused enrollment
19 based upon religion, race, color, national origin, sex, height,
20 weight, marital status, or athletic ability, or, generally, in
21 violation of any state or federal law prohibiting
22 discrimination.
23 (8) (9) A
district may refuse to enroll a nonresident
24 applicant if the applicant is, or has been within the preceding 2
25 years, suspended from another school or if the applicant has ever
26 been expelled from another school.
27 (9) (10) A
district shall continue to allow a pupil who was
1 enrolled in and attended the district under this section in the
2 school year or semester immediately preceding the school year or
3 semester in question to enroll in the district until the pupil
4 graduates from high school. This subsection does not prohibit a
5 district from expelling a pupil described in this subsection for
6 disciplinary reasons.
7 (10) (11) A
district shall give preference for enrollment
8 under this section over all other nonresident applicants residing
9 within the same intermediate district to other school-age
10 children who reside in the same household as a pupil described in
11 subsection (10) (9).
12 (11) (12) If
a nonresident pupil was enrolled in and
13 attending school in a district as a nonresident pupil in the
14 1995-96 school year and continues to be enrolled continuously
15 each school year in that district, the district shall allow that
16 nonresident pupil to continue to enroll in and attend school in
17 the district until high school graduation, without requiring the
18 nonresident pupil to apply for enrollment under this section.
19 This subsection does not prohibit a district from expelling a
20 pupil described in this subsection for disciplinary reasons.
21 (12) (13) If
the number of qualified nonresident applicants
22 eligible for acceptance in a school, grade, or program does not
23 exceed the positions available for nonresident pupils in the
24 school, grade, or program, the school district shall accept for
25 enrollment all of the qualified nonresident applicants eligible
26 for acceptance. If the number of qualified nonresident
27 applicants residing within the same intermediate district
1 eligible for acceptance exceeds the positions available in a
2 grade, school, or program in a district for nonresident pupils,
3 the district shall use a
random draw system, subject to the need
4 to abide by compliance with state and federal
antidiscrimination
5 laws and court orders and subject to preferences allowed by this
6 section. The district shall develop and maintain a waiting list
7 based on the order in which nonresident applicants were drawn
8 under this random draw system.
9 (13) (14) If
a district, or the nonresident applicant,
10 requests the district in which a nonresident applicant resides to
11 supply information needed by the district for evaluating the
12 applicant's application for enrollment or for enrolling the
13 applicant, the district of residence shall provide that
14 information on a timely basis.
15 (14) (15) If
a district is subject to a court-ordered
16 desegregation plan, and if the court issues an order prohibiting
17 pupils residing in that district from enrolling in another
18 district or prohibiting pupils residing in another district from
19 enrolling in that district, this section is subject to the court
20 order.
21 (15) (16) This
section does not require a district to
22 provide transportation for a nonresident pupil enrolled in the
23 district under this section or for a resident pupil enrolled in
24 another district under this section. However, at the time a
25 nonresident pupil enrolls in the district, a district shall
26 provide to the pupil's parent or legal guardian information on
27 available transportation to and from the school in which the
1 pupil enrolls.
2 (17) If the total
number of pupils enrolled and counted in
3 membership in a
district for 2001-2002 is less than 90% of the
4 total number of pupils
residing in the district who are enrolled
5 and counted in
membership in either that district or 1 or more
6 other districts for 2001-2002,
the total amount of money
7 allocated to that
district for 2001-2002 under sections 22a and
8 22b shall be adjusted
so that the district receives a total
9 allocation under those
sections equal to the amount the district
10 would receive under
those sections if exactly 90% of the pupils
11 residing in the
district who are enrolled and counted in either
12 that district or 1 or
more other districts were enrolled and
13 counted in membership
in that district.
14 (16) (18) Beginning
in 2002-2003, if the total number of
15 pupils enrolled and counted in membership in a district for a
16 fiscal year is less than 90% of the sum of the total number of
17 pupils residing in the district who are enrolled and counted in
18 membership for the fiscal year in that district plus the total
19 number of pupils residing in that district who are enrolled and
20 counted in membership for the fiscal year in 1 or more other
21 districts under this section or section 105c, the department
22 shall calculate the total amount of money that would be allocated
23 to that district for the fiscal year under sections 22a and 22b
24 if exactly 90% of the sum of the total number of pupils residing
25 in the district who are enrolled and counted in membership for
26 the fiscal year in that district plus the total number of pupils
27 residing in that district who are enrolled and counted in
1 membership for the fiscal year in 1 or more other districts under
2 this section or section 105c were enrolled and counted in
3 membership in that district for the fiscal year. The department
4 shall use this calculation to calculate a payment under
5 subsection (19) (17).
6 (17) (19) Subject
to subsection (20) (18), beginning in
7 2002-2003, the department shall make a payment to a district
8 described in subsection (18)
(16) in an amount equal to a
9 percentage of the difference between the total amount of money
10 the district would receive under sections 22a and 22b for the
11 particular fiscal year as otherwise calculated under this act and
12 the amount calculated
under subsection (18) (16). This
13 percentage is as follows:
14 (a) For 2002-2003, 75%.
15 (b) For 2003-2004, 50%.
16 (c) For 2004-2005, 25%.
17 (d) For 2005-2006 and succeeding fiscal years, 0%.
18 (18) (20) A
district is not eligible for a payment under
19 subsection (19) (17)
if the district receives additional
20 funding for the applicable fiscal year due to the membership
21 calculation under section 6(4)(y).
22 (19) (21) A
district may participate in a cooperative
23 education program with 1 or more other districts or intermediate
24 districts whether or not the district enrolls any nonresidents
25 pursuant to this section.
26 (20) (22) A
district that, pursuant to this section,
27 enrolls a nonresident pupil who is eligible for special education
1 programs and services according to statute or rule, or who is a
2 child with disabilities, as defined under the individuals with
3 disabilities education act, title VI of Public Law 91-230, shall
4 be considered to be the resident district of the pupil for the
5 purpose of providing the pupil with a free appropriate public
6 education. Consistent with state and federal law, that district
7 is responsible for developing and implementing an individualized
8 education plan annually for a nonresident pupil described in this
9 subsection.
10 (21) (23) If
a district does not comply with this section,
11 the district forfeits 5% of the total state school aid allocation
12 to the district under this act.
13 (22) (24) Upon
application by a district, the
14 superintendent may grant a waiver for the district from a
15 specific requirement under this section for not more than 1
16 year.
17 Sec. 105c. (1) In order to avoid a penalty under this
18 section, and in order to count a nonresident pupil residing in a
19 district located in a contiguous intermediate district in
20 membership without the approval of the pupil's district of
21 residence, a district shall comply with this section.
22 (2) Except as otherwise provided in this section, a district
23 shall determine
whether or not it will that has
space available
24 in 1 or more grades, schools, or special programs shall accept
25 applications for enrollment by nonresident applicants residing in
26 a district located in a contiguous intermediate district for the
27 next school year in
those grades, schools, or programs. If the
1 district determines to
accept applications for enrollment of a
2 number of nonresidents
under this section, beyond those entitled
3 to Subject to enrollment preference under this
section, the
4 district shall use the following procedures for accepting
5 applications from and enrolling nonresidents under this section:
6 (a) The district shall publish the grades, schools, and
7 special programs , if
any, for which enrollment may be
8 available to, and for which applications will be accepted from,
9 nonresident applicants residing in a district located in a
10 contiguous intermediate district.
11 (b) If the district has a limited number of positions
12 available for nonresidents residing in a district located in a
13 contiguous intermediate district in a grade, school, or program,
14 all of the following apply to accepting applications for and
15 enrollment of nonresidents under this section in that grade,
16 school, or program:
17 (i) The district shall do all of the following not later than
18 the second Friday in August:
19 (A) Provide notice to the general public that applications
20 will be taken for a 15-day period from nonresidents residing in a
21 district located in a contiguous intermediate district for
22 enrollment in that grade, school, or program. The notice shall
23 identify the 15-day period and the place and manner for
24 submitting applications.
25 (B) During the application period under sub-subparagraph (A),
26 accept applications from nonresidents residing in a district
27 located in a contiguous intermediate district for enrollment in
1 that grade, school, or program.
2 (C) Within 15 days after the end of the application period
3 under sub-subparagraph (A), using the procedures and preferences
4 required under this section, determine which nonresident
5 applicants will be allowed to enroll under this section in that
6 grade, school, or program, using the random draw system required
7 under subsection (13)
(12) as necessary, and notify the parent
8 or legal guardian of each nonresident applicant of whether or not
9 the applicant may enroll in the district. The notification to
10 parents or legal guardians of nonresident applicants accepted for
11 enrollment under this section shall contain notification of the
12 date by which the applicant must enroll in the district and
13 procedures for enrollment.
14 (ii) Beginning on the third Monday in August and not later
15 than the end of the first week of school, if any positions become
16 available in a grade, school, or program due to accepted
17 applicants failing to enroll or to more positions being added,
18 the district may enroll nonresident applicants from the waiting
19 list maintained under
subsection (13) (12), offering enrollment
20 in the order that applicants appear on the waiting list. If
21 there are still positions available after enrolling all
22 applicants from the waiting list who desire to enroll, the
23 district may not fill those positions until the second semester
24 enrollment under subsection (3), as provided under that
25 subsection, or until the next school year.
26 (c) For a grade, school, or program that has an unlimited
27 number of positions available for nonresidents residing in a
1 district located in a contiguous intermediate district, all of
2 the following apply to enrollment of nonresidents in that grade,
3 school, or program under this section:
4 (i) The district may accept applications for enrollment in
5 that grade, school, or program, and may enroll nonresidents
6 residing in a district located in a contiguous intermediate
7 district in that grade, school, or program, until the end of the
8 first week of school. The district shall provide notice to the
9 general public of the place and manner for submitting
10 applications and, if the district has a limited application
11 period, the notice shall include the dates of the application
12 period. The application period shall be at least a 15-day
13 period.
14 (ii) Not later than the end of the first week of school, the
15 district shall notify the parent or legal guardian of each
16 nonresident applicant who is accepted for enrollment under this
17 section that the applicant has been accepted for enrollment in
18 the grade, school, or program and of the date by which the
19 applicant must enroll in the district and the procedures for
20 enrollment.
21 (3) If a district determines during the first semester of a
22 school year that it has positions available for enrollment of a
23 number of nonresidents residing in a district located in a
24 contiguous intermediate district, beyond those entitled to
25 preference under this section, for the second semester of the
26 school year, the district
may shall accept applications from
27 and enroll nonresidents residing in a district located in a
1 contiguous intermediate district for the second semester using
2 the following procedures:
3 (a) Not later than 2 weeks before the end of the first
4 semester, the district shall publish the grades, schools, and
5 special programs, if any, for which enrollment for the second
6 semester may be available to, and for which applications will be
7 accepted from, nonresident applicants residing in a district
8 located in a contiguous intermediate district.
9 (b) During the last 2 weeks of the first semester, the
10 district shall accept applications from nonresidents residing in
11 a district located in a contiguous intermediate district for
12 enrollment for the second semester in the available grades,
13 schools, and programs.
14 (c) By the beginning of the second semester, using the
15 procedures and preferences required under this section, the
16 district shall determine which nonresident applicants will be
17 allowed to enroll under this section in the district for the
18 second semester and notify the parent or legal guardian of each
19 nonresident applicant residing in a district located in a
20 contiguous intermediate district of whether or not the applicant
21 may enroll in the district. The notification to parents or legal
22 guardians of nonresident applicants accepted for enrollment shall
23 contain notification of the date by which the applicant must
24 enroll in the district and procedures for enrollment.
25 (4) If deadlines similar to those described in subsection (2)
26 or (3) have been established in an intermediate district, and if
27 those deadlines are not later than the deadlines under
1 subsection (2) or (3), the districts within the intermediate
2 district may use those deadlines.
3 (5) A district
offering to enroll nonresident applicants
4 residing in a district
located in a contiguous intermediate
5 district may limit the
number of those nonresident pupils it
6 accepts in a grade,
school, or program, at its discretion, and
7 may use that limit as
the reason for refusal to enroll an
8 applicant under this
section.
9 (5) (6) A
nonresident applicant residing in a district
10 located in a contiguous intermediate district shall not be
11 granted or refused enrollment based on intellectual, academic,
12 artistic, or other ability, talent, or accomplishment, or lack
13 thereof, or based on a mental or physical disability, except that
14 a district may refuse to admit a nonresident applicant under this
15 section if the applicant does not meet the same criteria, other
16 than residence, that an applicant who is a resident of the
17 district must meet to be accepted for enrollment in a grade or a
18 specialized, magnet, or intra-district choice school or program
19 to which the applicant applies.
20 (6) (7) A
nonresident applicant residing in a district
21 located in a contiguous intermediate district shall not be
22 granted or refused enrollment under this section based on age,
23 except that a district may refuse to admit a nonresident
24 applicant applying for a program that is not appropriate for the
25 age of the applicant.
26 (7) (8) A
nonresident applicant residing in a district
27 located in a contiguous intermediate district shall not be
1 granted or refused enrollment under this section based upon
2 religion, race, color, national origin, sex, height, weight,
3 marital status, or athletic ability, or, generally, in violation
4 of any state or federal law prohibiting discrimination.
5 (8) (9) A
district may refuse to enroll a nonresident
6 applicant under this section if the applicant is, or has been
7 within the preceding 2 years, suspended from another school or if
8 the applicant has ever been expelled from another school.
9 (9) (10) A
district shall continue to allow a pupil who was
10 enrolled in and attended the district under this section in the
11 school year or semester immediately preceding the school year or
12 semester in question to enroll in the district until the pupil
13 graduates from high school. This subsection does not prohibit a
14 district from expelling a pupil described in this subsection for
15 disciplinary reasons.
16 (10) (11) A
district shall give preference for enrollment
17 under this section over all other nonresident applicants residing
18 in a district located in a contiguous intermediate district to
19 other school-age children who reside in the same household as a
20 pupil described in
subsection (10) (9).
21 (11) (12) If
a nonresident pupil was enrolled in and
22 attending school in a district as a nonresident pupil in the
23 1995-96 school year and continues to be enrolled continuously
24 each school year in that district, the district shall allow that
25 nonresident pupil to continue to enroll in and attend school in
26 the district until high school graduation, without requiring the
27 nonresident pupil to apply for enrollment under this section.
1 This subsection does not prohibit a district from expelling a
2 pupil described in this subsection for disciplinary reasons.
3 (12) (13) If
the number of qualified nonresident applicants
4 eligible for acceptance under this section in a school, grade, or
5 program does not exceed the positions available for nonresident
6 pupils under this section in the school, grade, or program, the
7 school district shall accept for enrollment all of the qualified
8 nonresident applicants eligible for acceptance. If the number of
9 qualified nonresident applicants residing in a district located
10 in a contiguous intermediate district eligible for acceptance
11 under this section exceeds the positions available in a grade,
12 school, or program in a district for nonresident pupils, the
13 district shall use a
random draw system, subject to the need to
14 abide by compliance with state and federal
antidiscrimination
15 laws and court orders and subject to preferences allowed by this
16 section. The district shall develop and maintain a waiting list
17 based on the order in which nonresident applicants were drawn
18 under this random draw system.
19 (13) (14) If
a district, or the nonresident applicant,
20 requests the district in which a nonresident applicant resides to
21 supply information needed by the district for evaluating the
22 applicant's application for enrollment or for enrolling the
23 applicant under this section, the district of residence shall
24 provide that information on a timely basis.
25 (14) (15) If
a district is subject to a court-ordered
26 desegregation plan, and if the court issues an order prohibiting
27 pupils residing in that district from enrolling in another
1 district or prohibiting pupils residing in another district from
2 enrolling in that district, this section is subject to the court
3 order.
4 (15) (16) This
section does not require a district to
5 provide transportation for a nonresident pupil enrolled in the
6 district under this section or for a resident pupil enrolled in
7 another district under this section. However, at the time a
8 nonresident pupil enrolls in the district, a district shall
9 provide to the pupil's parent or legal guardian information on
10 available transportation to and from the school in which the
11 pupil enrolls.
12 (16) (17) A
district may participate in a cooperative
13 education program with 1 or more other districts or intermediate
14 districts whether or not the district enrolls any nonresidents
15 pursuant to this section.
16 (17) (18) In
order for a district or intermediate district
17 to enroll pursuant to this section a nonresident pupil who
18 resides in a district located in a contiguous intermediate
19 district and who is eligible for special education programs and
20 services according to statute or rule, or who is a child with
21 disabilities, as defined under the individuals with disabilities
22 education act, title VI of Public Law 91-230, the enrolling
23 district shall have a written agreement with the resident
24 district of the pupil for the purpose of providing the pupil with
25 a free appropriate public education. The written agreement shall
26 include, but is not limited to, an agreement on the
27 responsibility for the payment of the added costs of special
1 education programs and services for the pupil.
2 (18) (19) If
a district does not comply with this section,
3 the district forfeits 5% of the total state school aid allocation
4 to the district under this act.
5 (19) (20) Upon
application by a district, the
6 superintendent may grant a waiver for the district from a
7 specific requirement under this section for not more than 1
8 year.
9 (20) (21) This
section is repealed if the final decision of
10 a court of competent jurisdiction holds that any portion of this
11 section is unconstitutional, ineffective, invalid, or in
12 violation of federal law.
13 (21) (22) As
used in this section, "district located in a
14 contiguous intermediate district" means a district located in an
15 intermediate district that is contiguous to the intermediate
16 district in which a pupil's district of residence is located.