January 27, 2005, Introduced by Reps. Palmer, Elsenheimer, Hummel, Moolenaar, Drolet, Garfield, Gosselin, Hoogendyk, Hildenbrand, Sheen, Jones, Acciavatti and Proos and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1290.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1290. (1) A school district may apply to the
superintendent of public instruction for an educational flexibility
and empowerment contract under this section for the school district
or for 1 or more schools operated by the school district. An ed-
flex 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
ed-flex contract, the board shall establish an ed-flex 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
ed-flex contract.
(3) Before applying for an ed-flex contract, the board of a
school district must adopt a resolution indicating the board's
intent to apply for the educational flexibility and empowerment
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 ed-
flex 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.
(c) A description, for each school year and for the overall
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
ed-flex 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 ed-flex contract with the
school district.
(6) Within 5 days after approving an application for an ed-
flex 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 governor. The
governor has 10 days from the date of receipt of the application to
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 governor does not
override the approval within this 10-day period, the superintendent
of public instruction shall promptly enter into the ed-flex
contract with the school district. If the governor overrides an
approval under this subsection, the governor 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 contract will allow the school district to
enhance learning and to operate in a more effective, efficient, or
economical manner.
(c) That the district has exhibited financial responsibility
during the preceding 3 fiscal years, as determined by the
superintendent of public instruction. This does not preclude the
approval of an educational flexibility and empowerment contract for
a school district in current financial hardship, so long as the
hardship is not due to financial irresponsibility as determined by
the superintendent of public instruction.
(d) That the 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 ed-flex
contract. The 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.
(c) An agreement that, in order for the contract to be
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
ed-flex 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 set 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 ed-flex 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 ed-flex 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 ed-flex 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 ed-flex contract:
(a) Health and safety requirements.
(b) Statutory teacher certification requirements.
(c) 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 educational
flexibility and empowerment program under this section, including a
report on ed-flex contracts issued during the year, and on progress
made toward attainment of performance goals.
(14) As the initial educational flexibility and empowerment
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 ed-flex contract.
(16) As used in this section:
(a) "Ed-flex contract" means an educational flexibility and
empowerment contract issued to a school district under this section
for the school district or for 1 or more schools operated by the
school district.
(b) "Empowerment report" means the final evaluation report
required to be filed at the end of the term of an ed-flex contract
under subsection (11).
(c) "MEAP scores" means the scores achieved by the pupils of a
school district or school, as applicable, on all Michigan
educational assessment program tests administered to pupils of the
school district or school.
(d) "School district" means either a school district or a
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
"educational flexibility and empowerment law".
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4080(request no.
00182'05 a) of the 93rd Legislature is enacted into law.