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HB-4079, As Passed House, June 7, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4079

[A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1290; and to repeal acts

and parts of acts.]

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1290. (1) A school district may apply to the

superintendent of public instruction for an education mandate

rollback contract under this section for the school district or for

1 or more schools operated by the school district. An education

mandate rollback contract allows the superintendent of public

instruction to waive a provision of this act or of the state school

aid act of 1979, or of a rule promulgated under this act or the

state school aid act of 1979, designated as part of a performance-

based contract with clearly defined and measurable performance

goals. A school district also may apply to the superintendent of

public instruction for waiver of certain federal requirements, in

accordance with federal law allowing federal education waivers to

be issued by this state.

(2) If the board of a school district intends to apply for an

education mandate rollback contract, the board shall establish an

education mandate rollback planning committee to work with the

board to develop the resolution under subsection (3) and the

application under subsection (4). This committee shall include a

representative of each of the school district's collective

bargaining units that will be affected by the education mandate

rollback contract.

(3) Before applying for an education mandate rollback

contract, the board of a school district must adopt a resolution

indicating the board's intent to apply for the education mandate

rollback contract. If the contract is not intended to cover the

entire school district, the resolution shall specify the schools to

be covered. Before adopting the resolution, the board shall hold at

least 2 public hearings at which the types of waivers sought and

the need for the waivers are explained and public comment is

allowed.

(4) A school district shall submit an application for an

education mandate rollback contract to the superintendent of public

instruction in the form and manner prescribed by the department.

The application shall contain at least all of the following:

(a) A specific listing of the statutes and rules proposed to

be waived. If the application is intended to also serve as an

application for federal waivers under federal law, the application

also shall include a specific listing of the federal statutes and

regulations proposed to be waived.

(b) A statement specifying the need for waiver for each

statute or rule proposed to be waived, including the purpose and

intended results for each waiver.

term of the contract, of the specific measurable goals for improved

pupil performance in the school district or school. These goals

shall include, but are not limited to, goals for improving MEAP

scores.

(d) A description, for each school year and for the overall

term of the contract, of the measurements to be used to determine

whether the pupil performance goals under subdivision (c) have been

met.

(e) An explanation of how the contract and the waivers will

assist the school district or school in achieving its specified

performance goals.

(f) A fiscal impact statement that estimates how the waiver or

waivers may increase or reduce program costs.

(g) If the contract is not intended to cover the entire school

district, the specific schools to be covered.

(h) A copy of the board resolution required under subsection

(3). If the application is intended to also serve as an application

for federal waivers under federal law, the application also shall

include an explanation of how the public notice requirements of

federal law have been met.

(5) Within 60 days after receiving an application under

subsection (4), the superintendent of public instruction shall

approve or disapprove the application and notify the school

district of the decision. Subject to subsection (6), if the

superintendent of public instruction approves the application, the

superintendent of public instruction shall promptly enter into an

education mandate rollback contract with the school district. If

the superintendent of public instruction disapproves the

application, the notification to the school district shall include

notice of the specific reasons for the disapproval, and the school

district may submit a revised application under subsection (4).

Subject to subsection (6), if the superintendent of public

instruction does not act on an application and notify the school

district of his or her decision within the time limit required

under this subsection, the application is considered approved and

the superintendent of public instruction shall promptly enter into

the proposed education mandate rollback contract with the school

district.

(6) Within 5 days after approving an application for an

education mandate rollback contract under subsection (5) or after

the expiration of the time limit in subsection (5) for approving or

disapproving an application, whichever is earlier, the

superintendent of public instruction shall submit the application

to the state board. At its next board meeting occurring at least 10

days after it receives the application, the state board may by

majority vote override the approval of the application, whether it

is approved by the superintendent of public instruction or

considered approved due to the expiration of the time limit. If the

state board does not override the approval at this board meeting,

the superintendent of public instruction shall promptly enter into

the education mandate rollback contract with the school district.

If the state board overrides an approval under this subsection, the

state board shall notify the superintendent of public instruction

and the school district and shall include notice of the specific

reasons for the override. The school district may submit a revised

application under subsection (4).

(7) The superintendent of public instruction shall not approve

an application submitted under subsection (4) unless he or she

finds all of the following:

(a) That the performance goals contained in the application

are sufficiently specific and will, if met, constitute improved

pupil achievement.

(b) That the education mandate rollback contract will allow

the school district to enhance learning and to operate in a more

effective, efficient, or economical manner.

during the preceding 3 fiscal years, as determined by the

superintendent of public instruction. This does not preclude the

approval of an education mandate rollback contract for a school

district in current financial hardship, if the hardship is not due

to financial irresponsibility as determined by the superintendent

of public instruction.

(d) That the education mandate rollback contract will not

result in the diminution of wages, hours, or other terms and

conditions of employment for employees or collective bargaining

units of the school district.

(8) In approving applications submitted under subsection (4),

the superintendent of public instruction shall give priority to

applications that are focused on reducing pupil achievement gaps

based on race, gender, and socioeconomic status.

(9) The department shall prescribe the form of an education

mandate rollback contract. The education mandate rollback contract

shall include at least all of the following:

(a) All matters addressed in the application.

(b) Assurance that the school district will report its annual

progress toward its performance goals.

renewed, the MEAP scores for the school district or school must

demonstrate adequate annual progress toward meeting the performance

goals and must attain a specific measurable benchmark by the end of

the contract.

(d) An agreement on the contents of the empowerment report to

be filed by the school district at the end of the contract term.

The empowerment report shall summarize the performance goals

achieved during the term of the contract and the programs,

curriculum, or other innovative approaches used to achieve these

goals.

(e) The term of the contract, which shall not exceed 5 years.

(10) The superintendent of public instruction may terminate an

education mandate rollback contract for a school before the end of

its term if the superintendent of public instruction determines

that the school has experienced 2 consecutive years of declining

pupil performance, based on the performance goals and measurements

specified in the contract, or that the school has failed for 2

consecutive years to meet the adequate yearly progress standards of

the no child left behind act of 2001, Public Law 107-110, in both

mathematics and English language arts at all applicable grade

levels for all applicable subgroups. The superintendent of public

instruction is not required to terminate an education mandate

rollback contract if he or she determines that the decline or

failure is due to exceptional or uncontrollable circumstances.

(11) At the conclusion of the term of an education mandate

rollback contract, the school district shall submit its empowerment

report describing how the school district or school met or did not

meet the performance goals set forth in the contract. The

superintendent of public instruction may renew the education

mandate rollback contract if the performance goals have been met.

(12) The superintendent of public instruction may not waive

any of the following as part of an education mandate rollback

contract:

(a) Health and safety requirements.

(b) Statutory teacher certification requirements.

(d) A requirement under part 6a, except waiver of section

503(6) to the extent necessary to allow waiver of another

requirement that meets both of the following:

(i) Is imposed under a part of this act other than part 6a.

(ii) Is a requirement that may be waived under this section for

a school district that is not a public school academy.

(13) The superintendent of public instruction shall submit an

annual report to the legislature on the status of the education

mandate rollback program under this section, including a report on

education mandate rollback contracts issued during the year, and on

progress made toward attainment of performance goals.

(14) As the initial education mandate rollback contracts

issued under this section expire, the department shall post

information on its website on the educational innovations and best

practices used to achieve pupil performance goals under the

contracts.

(15) Except as otherwise provided in subsection (12), any

provision of this act or the state school aid act of 1979, or of

any rule promulgated under this act or the state school aid act of

1979, is subject to waiver under an education mandate rollback

contract.

(16) As used in this section:

(a) "Empowerment report" means the final evaluation report

required to be filed at the end of the term of an education mandate

rollback contract under subsection (11).

(b) "MEAP scores" means the scores achieved by the pupils of a

school district or school, as applicable, on all Michigan

educational assessment program tests or other state assessments

administered to pupils of the school district or school.

public school academy, and "board" means either a school board or

the board of directors of a public school academy.

(17) This section shall be known and may be cited as the

"education mandate rollback law".

[(18) This section is repealed effective 10 years after the effective date of this section.]