March 16, 2005, Introduced by Reps. Dillon, Mayes, Miller, Meisner, Waters, Kehrl, Polidori, Stewart, Clemente and Leland and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 502 and 1311d (MCL 380.502 and 380.1311d),
section 502 as amended by 1995 PA 289 and section 1311d as added by
1999 PA 23.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 502. (1) A public school academy shall be organized and
administered under the direction of a board of directors in
accordance with this part and with bylaws adopted by the board of
directors. A public school academy corporation shall be organized
under
the nonprofit corporation act, Act No. 162 of the Public
Acts
of 1982, being sections 450.2101 to 450.3192 of the Michigan
Compiled
Laws 1982 PA 162, MCL
450.2101 to 450.3192, except that a
public school academy corporation is not required to comply with
sections
170 to 177 of Act No. 327 of the Public Acts of 1931,
being
sections 450.170 to 450.177 of the Michigan Compiled Laws
1931 PA 327, MCL 450.170 to 450.177. To the extent disqualified
under the state or federal constitution, a public school academy
shall not be organized by a church or other religious organization
and shall not have any organizational or contractual affiliation
with or constitute a church or other religious organization.
(2) Any of the following may act as an authorizing body to
issue a contract to organize and operate 1 or more public school
academies under this part:
(a) The board of a school district that operates grades K to
12. However, the board of a school district shall not issue a
contract for a public school academy to operate outside the school
district's boundaries, and a public school academy authorized by
the board of a school district shall not operate outside that
school district's boundaries.
(b) An intermediate school board. However, the board of an
intermediate school district shall not issue a contract for a
public school academy to operate outside the intermediate school
district's boundaries, and a public school academy authorized by
the board of an intermediate school district shall not operate
outside that intermediate school district's boundaries.
(c)
The board of a community college.
However, except All of
the following apply to the issuance of a contract by the board of a
community college:
(i) Except as otherwise
provided in this subdivision
subparagraph (v), the board of a community college shall not issue a
contract for a public school academy to operate in a school
district organized as a school district of the first class, a
public school academy authorized by the board of a community
college shall not operate in a school district organized as a
school district of the first class, the board of a community
college shall not issue a contract for a public school academy to
operate outside the boundaries of the community college district,
and a public school academy authorized by the board of a community
college shall not operate outside the boundaries of the community
college district.
(ii) Except as otherwise provided in subparagraph (v),
beginning with contracts issued after August 1, 2005, the board of
a community college shall not issue a contract for a public school
academy to operate at a location more than 50 miles from the
principal place of business of the community college, and a public
school academy authorized by the board of a community college shall
not operate at a location more than 50 miles from the principal
place of business of the community college.
(iii) Except as otherwise provided in subparagraph (v),
beginning with contracts issued after August 1, 2005, the board of
a community college shall not issue a contract for a public school
academy to be located within the boundaries of another community
college district unless the board first obtains the written
permission of the board of that other community college.
(iv) If the board of a community college that is a federal
tribally controlled community college issues a contract for a
public school academy on or before August 1, 2005, the public
school academy shall enroll pupils and begin operating as a public
school not later than September 1, 2005. If the public school
academy does not meet this requirement, the contract is void.
(v) The board of a community college also may issue a contract
for not more than 1 public school academy to operate on the grounds
of an active or closed federal military installation located
outside the boundaries of the community college district, or may
operate a public school academy itself on the grounds of such a
federal military installation, if the federal military installation
is not located within the boundaries of any community college
district and the community college has previously offered courses
on the grounds of the federal military installation for at least 10
years.
(d) The governing board of a state public university. However,
the combined total number of contracts for public school academies
issued by all state public universities shall not exceed 85 through
1996, and, after the initial evaluation under section 501a, shall
not exceed 100 through 1997, 125 through 1998, or 150 thereafter.
Further, the total number of contracts issued by any 1 state public
university shall not exceed 50 through 1996, and thereafter shall
not exceed 50% of the maximum combined total number that may be
issued under this subdivision.
(3) To obtain a contract to organize and operate 1 or more
public school academies, 1 or more persons or an entity may apply
to an authorizing body described in subsection (2). The application
shall include at least all of the following:
(a) Identification of the applicant for the contract.
(b) Subject to the resolution adopted by the authorizing body
under
section 503(4) 503, a list of the proposed members of the
board of directors of the public school academy and a description
of the qualifications and method for appointment or election of
members of the board of directors.
(c) The proposed articles of incorporation, which shall
include at least all of the following:
(i) The name of the proposed public school academy.
(ii) The purposes for the public school academy corporation.
This language shall provide that the public school academy is
incorporated pursuant to this part and that the public school
academy corporation is a governmental entity.
(iii) The name of the authorizing body.
(iv) The proposed time when the articles of incorporation will
be effective.
(v) Other matters considered expedient to be in the articles
of incorporation.
(d) A copy of the proposed bylaws of the public school
academy.
(e) Documentation meeting the application requirements of the
authorizing body, including at least all of the following:
(i) The governance structure of the public school academy.
(ii) A copy of the educational goals of the public school
academy and the curricula to be offered and methods of pupil
assessment to be used by the public school academy. To the extent
applicable, the progress of the pupils in the public school academy
shall be assessed using at least a Michigan education assessment
program (MEAP) test or an assessment instrument developed under
section
1279. for a state-endorsed high school diploma.
(iii) The admission policy and criteria to be maintained by the
public school academy. The admission policy and criteria shall
comply with section 504. This part of the application also shall
include a description of how the applicant will provide to the
general public adequate notice that a public school academy is
being created and adequate information on the admission policy,
criteria, and process.
(iv) The school calendar and school day schedule.
(v) The age or grade range of pupils to be enrolled.
(f) Descriptions of staff responsibilities and of the public
school academy's governance structure.
(g) For an application to the board of a school district, an
intermediate school board, or board of a community college,
identification of the local and intermediate school districts in
which the public school academy will be located.
(h) An agreement that the public school academy will comply
with the provisions of this part and, subject to the provisions of
this part, with all other state law applicable to public bodies and
with federal law applicable to public bodies or school districts.
(i) For a public school academy authorized by a school
district, an assurance that employees of the public school academy
will be covered by the collective bargaining agreements that apply
to other employees of the school district employed in similar
classifications in schools that are not public school academies.
(j) A description of and address for the proposed physical
plant in which the public school academy will be located.
(4) An authorizing body shall oversee, or shall contract with
an intermediate school district, community college, or state public
university to oversee, each public school academy operating under a
contract issued by the authorizing body. The oversight shall be
sufficient to ensure that the authorizing body can certify that the
public school academy is in compliance with statute, rules, and the
terms of the contract.
(5) If the state board finds that an authorizing body is not
engaging in appropriate continuing oversight of 1 or more public
school academies operating under a contract issued by the
authorizing body, the state board may suspend the power of the
authorizing body to issue new contracts to organize and operate
public school academies. A contract issued by the authorizing body
during the suspension is void. A contract issued by the authorizing
body before the suspension is not affected by the suspension.
(6) An authorizing body shall not charge a fee, or require
reimbursement of expenses, for considering an application for a
contract, for issuing a contract, or for providing oversight of a
contract for a public school academy in an amount that exceeds a
combined total of 3% of the total state school aid received by the
public school academy in the school year in which the fees or
expenses are charged. An authorizing body may provide other
services for a public school academy and charge a fee for those
services, but shall not require such an arrangement as a condition
to issuing the contract authorizing the public school academy.
(7) A public school academy shall be presumed to be legally
organized if it has exercised the franchises and privileges of a
public school academy for at least 2 years.
Sec. 1311d. (1) A strict discipline academy shall be organized
and administered under the direction of a board of directors in
accordance with sections 1311b to 1311l and with bylaws adopted by
the board of directors. A strict discipline academy corporation
created to operate a strict discipline academy shall be organized
under the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to
450.3192, except that the strict discipline academy corporation is
not required to comply with sections 170 to 177 of 1931 PA 327, MCL
450.170 to 450.177. To the extent disqualified under the state or
federal constitution, a strict discipline academy shall not be
organized by a church or other religious organization and shall not
have any organizational or contractual affiliation with or
constitute a church or other religious organization.
(2) Any of the following may act as an authorizing body to
issue a contract to organize and operate 1 or more strict
discipline academies under sections 1311b to 1311l:
(a) The board of a school district that operates grades K to
12. However, the board of a school district shall not issue a
contract for a strict discipline academy to operate outside the
school district's boundaries, and a strict discipline academy
authorized by the board of a school district shall not operate
outside that school district's boundaries.
(b) An intermediate school board. However, the board of an
intermediate school district shall not issue a contract for a
strict discipline academy to operate outside the intermediate
school district's boundaries, and a strict discipline academy
authorized by the board of an intermediate school district shall
not operate outside that intermediate school district's boundaries.
(c)
The board of a community college.
However, except All of
the following apply to the issuance of a contract by the board of a
community college:
(i) Except as otherwise
provided in this subdivision
subparagraph (v), the board of a community college shall not issue a
contract for a strict discipline academy to operate in a school
district organized as a school district of the first class, a
strict discipline academy authorized by the board of a community
college shall not operate in a school district organized as a
school district of the first class, the board of a community
college shall not issue a contract for a strict discipline academy
to operate outside the boundaries of the community college
district, and a strict discipline academy authorized by the board
of a community college shall not operate outside the boundaries of
the community college district.
(ii) Except as otherwise provided in subparagraph (v),
beginning with contracts issued after August 1, 2005, the board of
a community college shall not issue a contract for a strict
discipline academy to operate at a location more than 50 miles from
the principal place of business of the community college, and a
strict discipline academy authorized by the board of a community
college shall not operate at a location more than 50 miles from the
principal place of business of the community college.
(iii) Except as otherwise provided in subparagraph (v),
beginning with contracts issued after August 1, 2005, the board of
a community college shall not issue a contract for a strict
discipline academy to be located within the boundaries of another
community college district unless the board first obtains the
written permission of the board of that other community college.
(iv) If the board of a community college that is a federal
tribally controlled community college issues a contract for a
strict discipline academy on or before August 1, 2005, the strict
discipline academy shall enroll pupils and begin operating as a
public school not later than September 1, 2005. If the strict
discipline academy does not meet this requirement, the contract is
void.
(v) The board of a community college also may issue a contract
for not more than 1 strict discipline academy to operate on the
grounds of an active or closed federal military installation
located outside the boundaries of the community college district,
or may operate a strict discipline academy itself on the grounds of
such a federal military installation, if the federal military
installation is not located within the boundaries of any community
college district and the community college has previously offered
courses on the grounds of the federal military installation for at
least 10 years.
(d) The governing board of a state public university.
(3) To obtain a contract to organize and operate 1 or more
strict discipline academies, 1 or more persons or an entity may
apply to an authorizing body described in subsection (2). The
application shall include at least all of the following:
(a) Identification of the applicant for the contract.
(b) Subject to the resolution adopted by the authorizing body
under section 1311e, a list of the proposed members of the board of
directors of the strict discipline academy and a description of the
qualifications and method for appointment or election of members of
the board of directors.
(c) The proposed articles of incorporation, which shall
include at least all of the following:
(i) The name of the proposed strict discipline academy.
(ii) The purposes for the strict discipline academy corporation
that will operate the strict discipline academy. This language
shall provide that the strict discipline academy is established
pursuant to sections 1311b to 1311l and that the strict discipline
academy corporation is a governmental entity.
(iii) The name of the authorizing body.
(iv) The proposed time when the articles of incorporation will
be effective.
(v) Other matters considered expedient to be in the articles
of incorporation.
(d) A copy of the proposed bylaws of the strict discipline
academy.
(e) Documentation meeting the application requirements of the
authorizing body, including at least all of the following:
(i) The governance structure of the strict discipline academy.
(ii) A copy of the educational goals of the strict discipline
academy and the curricula to be offered and methods of pupil
assessment to be used by the strict discipline academy. To the
extent applicable, the progress of the pupils in the strict
discipline academy shall be assessed using at least a Michigan
education assessment program (MEAP) test or an assessment
instrument
developed under section 1279. for a state-endorsed high
school
diploma.
(iii) The admission policy and criteria to be maintained by the
strict discipline academy. The admission policy and criteria shall
comply with section 1311g. This part of the application also shall
include a description of how the applicant will provide to the
general public adequate notice that a strict discipline academy is
being created and adequate information on the admission policy,
criteria, and process.
(iv) The school calendar and school day schedule.
(v) The age or grade range of pupils to be enrolled.
(vi) The type of pupils to be enrolled in the strict discipline
academy, as described in section 1311g(3) and (4).
(f) Descriptions of staff responsibilities and of the strict
discipline academy's governance structure.
(g) For an application to the board of a school district, an
intermediate school board, or board of a community college,
identification of the local and intermediate school districts in
which the strict discipline academy will be located.
(h) An agreement that the strict discipline academy will
comply with the provisions of sections 1311b to 1311l and, subject
to the provisions of these sections, with all other state law
applicable to public bodies and with federal law applicable to
public bodies or school districts.
(i) For a strict discipline academy authorized by a school
district, an assurance that employees of the strict discipline
academy will be covered by the collective bargaining agreements
that apply to other employees of the school district employed in
similar classifications in schools that are not strict discipline
academies.
(j) A description of and address for the proposed physical
plant in which the strict discipline academy will be located.
(4) An authorizing body shall oversee, or shall contract with
an intermediate school district, community college, or state public
university to oversee, each strict discipline academy operating
under a contract issued by the authorizing body. The oversight
shall be sufficient to ensure that the authorizing body can certify
that the strict discipline academy is in compliance with statute,
rules, and the terms of the contract.
(5) If the state board finds that an authorizing body is not
engaging in appropriate continuing oversight of 1 or more strict
discipline academies operating under a contract issued by the
authorizing body, the state board may suspend the power of the
authorizing body to issue new contracts to organize and operate
strict discipline academies. A contract issued by the authorizing
body during the suspension is void. A contract issued by the
authorizing body before the suspension is not affected by the
suspension.
(6) An authorizing body shall not charge a fee, or require
reimbursement of expenses, for considering an application for a
contract, for issuing a contract, or for providing oversight of a
contract for a strict discipline academy in an amount that exceeds
a combined total of 3% of the total state school aid received by
the strict discipline academy in the school year in which the fees
or expenses are charged. An authorizing body may provide other
services for a strict discipline academy and charge a fee for those
services, but shall not require such an arrangement as a condition
to issuing the contract authorizing the strict discipline academy.
(7) A strict discipline academy shall be presumed to be
legally organized if it has exercised the franchises and privileges
of a strict discipline academy for at least 2 years.