HOUSE BILL No. 6377

 

August 30, 2006, Introduced by Reps. Mortimer, Emmons, Moore, Farhat and Nitz and referred to the Committee on Higher Education and Career Preparation.

 

     A bill to amend 1979 PA 94, entitled

 

"The state school aid act of 1979,"

 

by amending section 107 (MCL 388.1707), as amended by 2005 PA 155.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 107. (1) From the appropriation in section 11, there is

 

allocated an amount not to exceed $21,000,000.00 for 2005-2006 for

 

adult education programs authorized under this section.

 

     (2) To be eligible to be a participant funded under this

 

section, a person shall be enrolled in an adult basic education

 

program, an adult English as a second language program, a general

 

educational development (G.E.D.) test preparation program, a job or

 

employment related program, or a high school completion program,

 


that meets the requirements of this section, and shall meet either

 

of the following, as applicable:

 

     (a) If the individual has obtained a high school diploma or a

 

general educational development (G.E.D.) certificate, the

 

individual meets 1 of the following:

 

     (i) Is less than 20 years of age on September 1 of the school

 

year and is enrolled in the state technical institute and

 

rehabilitation center.

 

     (ii) Is less than 20 years of age on September 1 of the school

 

year, is not attending an institution of higher education, and is

 

enrolled in a job or employment-related program through a referral

 

by an employer.

 

     (iii) Is enrolled in an English as a second language program.

 

     (iv) Is enrolled in a high school completion program.

 

     (b) If the individual has not obtained a high school diploma

 

or G.E.D. certificate, the individual meets 1 of the following:

 

     (i) Is at least 20 years of age on September 1 of the school

 

year.

 

     (ii) Is at least 16 years of age on September 1 of the school

 

year, has been permanently expelled from school under section

 

1311(2) or 1311a of the revised school code, MCL 380.1311 and

 

380.1311a, and has no appropriate alternative education program

 

available through his or her district of residence.

 

     (3) Except as otherwise provided in subsection (4), the amount

 

allocated under subsection (1) shall be distributed as follows:

 

     (a) For districts and consortia that received payments for

 

2003-2004 under this section, the amount allocated to each for

 


2005-2006 shall be based on the number of participants served by

 

the district or consortium for 2005-2006, using the amount

 

allocated per full-time equated participant under subsection (5),

 

up to a maximum total allocation under this section in an amount

 

equal to the amount the district or consortium received for 2003-

 

2004 under this section before any reallocations made for 2003-2004

 

under subsection (4).

 

     (b) A district or consortium that received funding in 2003-

 

2004 under this section may operate independently of a consortium

 

or join or form a consortium for 2005-2006. In addition, a district

 

that had a declaration of financial emergency in place under the

 

local government fiscal responsibility act, 1990 PA 72, MCL

 

141.1201 to 141.1291, and for which that declaration was revoked

 

during 2005 may operate a program under this section independently

 

of a consortium or may join or form a consortium to operate a

 

program under this section. The allocation for 2005-2006 to the

 

district or the newly formed consortium under this subsection shall

 

be determined by the department  of labor and economic growth  and

 

shall be based on the proportion of the amounts that are

 

attributable to the district or consortium that received funding in

 

2003-2004 or, for a district for which a declaration of financial

 

emergency was revoked during 2005, based on the amount the district

 

received under this section using a 3-year average of the 3 most

 

recent fiscal years the district received funding under this

 

section. A district or consortium described in this subdivision

 

shall notify the department  of labor and economic growth  of its

 

intention with regard to 2005-2006 by October 1, 2005.

 


     (4) A district that operated an adult education program in

 

2004-2005 and does not intend to operate a program in 2005-2006

 

shall notify the department  of labor and economic growth  by

 

October 1, 2005 of its intention. The funds intended to be

 

allocated under this section to a district that does not operate a

 

program in 2005-2006 and the unspent funds originally allocated

 

under this section to a district or consortium that subsequently

 

operates a program at less than the level of funding allocated

 

under subsection (3) shall instead be proportionately reallocated

 

to the other districts described in subsection (3)(a) that are

 

operating an adult education program in 2005-2006 under this

 

section.

 

     (5) The amount allocated under this section per full-time

 

equated participant is $2,850.00 for a 450-hour program. The amount

 

shall be proportionately reduced for a program offering less than

 

450 hours of instruction.

 

     (6) An adult basic education program or an adult English as a

 

second language program operated on a year-round or school year

 

basis may be funded under this section, subject to all of the

 

following:

 

     (a) The program enrolls adults who are determined by an

 

appropriate assessment to be below ninth grade level in reading or

 

mathematics, or both, or to lack basic English proficiency.

 

     (b) The program tests individuals for eligibility under

 

subdivision (a) before enrollment and tests participants to

 

determine progress after every 90 hours of attendance, using

 

assessment instruments approved by the department.  of labor and

 


economic growth.

 

     (c) A participant in an adult basic education program is

 

eligible for reimbursement until 1 of the following occurs:

 

     (i) The participant's reading and mathematics proficiency are

 

assessed at or above the ninth grade level.

 

     (ii) The participant fails to show progress on 2 successive

 

assessments after having completed at least 450 hours of

 

instruction.

 

     (d) A funding recipient enrolling a participant in an English

 

as a second language program is eligible for funding according to

 

subsection (10) until the participant meets 1 of the following:

 

     (i) The participant is assessed as having attained basic

 

English proficiency.

 

     (ii) The participant fails to show progress on 2 successive

 

assessments after having completed at least 450 hours of

 

instruction. The department  of labor and economic growth  shall

 

provide information to a funding recipient regarding appropriate

 

assessment instruments for this program.

 

     (7) A general educational development (G.E.D.) test

 

preparation program operated on a year-round or school year basis

 

may be funded under this section, subject to all of the following:

 

     (a) The program enrolls adults who do not have a high school

 

diploma.

 

     (b) The program shall administer a G.E.D. pre-test approved by

 

the department  of labor and economic growth  before enrolling an

 

individual to determine the individual's potential for success on

 

the G.E.D. test, and shall administer other tests after every 90

 


hours of attendance to determine a participant's readiness to take

 

the G.E.D. test.

 

     (c) A funding recipient shall receive funding according to

 

subsection (10) for a participant, and a participant may be

 

enrolled in the program until 1 of the following occurs:

 

     (i) The participant passes the G.E.D. test.

 

     (ii) The participant fails to show progress on 2 successive

 

tests used to determine readiness to take the G.E.D. test after

 

having completed at least 450 hours of instruction.

 

     (8) A high school completion program operated on a year-round

 

or school year basis may be funded under this section, subject to

 

all of the following:

 

     (a) The program enrolls adults who do not have a high school

 

diploma.

 

     (b) A funding recipient shall receive funding according to

 

subsection (10) for a participant in a course offered under this

 

subsection until 1 of the following occurs:

 

     (i) The participant passes the course and earns a high school

 

diploma.

 

     (ii) The participant fails to earn credit in 2 successive

 

semesters or terms in which the participant is enrolled after

 

having completed at least 900 hours of instruction.

 

     (9) A job or employment-related adult education program

 

operated on a year-round or school year basis may be funded under

 

this section, subject to all of the following:

 

     (a) The program enrolls adults referred by their employer who

 

are less than 20 years of age, have a high school diploma, are

 


determined to be in need of remedial mathematics or communication

 

arts skills and are not attending an institution of higher

 

education.

 

     (b) An individual may be enrolled in this program and the

 

grant recipient shall receive funding according to subsection (10)

 

until 1 of the following occurs:

 

     (i) The individual achieves the requisite skills as determined

 

by appropriate assessment instruments administered at least after

 

every 90 hours of attendance.

 

     (ii) The individual fails to show progress on 2 successive

 

assessments after having completed at least 450 hours of

 

instruction. The department  of labor and economic growth  shall

 

provide information to a funding recipient regarding appropriate

 

assessment instruments for this program.

 

     (10) A funding recipient shall receive payments under this

 

section in accordance with the following:

 

     (a) Ninety percent for enrollment of eligible participants.

 

     (b) Ten percent for completion of the adult basic education

 

objectives by achieving an increase of at least 1 grade level of

 

proficiency in reading or mathematics; for achieving basic English

 

proficiency; for passage of the G.E.D. test; for passage of a

 

course required for a participant to attain a high school diploma;

 

or for completion of the course and demonstrated proficiency in the

 

academic skills to be learned in the course, as applicable.

 

     (11) As used in this section, "participant" means the sum of

 

the number of full-time equated individuals enrolled in and

 

attending a department-approved adult education program under this

 


section, using quarterly participant count days on the schedule

 

described in section 6(7)(b).

 

     (12) A person who is not eligible to be a participant funded

 

under this section may receive adult education services upon the

 

payment of tuition. In addition, a person who is not eligible to be

 

served in a program under this section due to the program

 

limitations specified in subsection (6), (7), (8), or (9) may

 

continue to receive adult education services in that program upon

 

the payment of tuition. The tuition level shall be determined by

 

the local or intermediate district conducting the program.

 

     (13) An individual who is an inmate in a state correctional

 

facility shall not be counted as a participant under this section.

 

     (14) A district shall not commingle money received under this

 

section or from another source for adult education purposes with

 

any other funds of the district. A district receiving adult

 

education funds shall establish a separate ledger account for those

 

funds. This subsection does not prohibit a district from using

 

general funds of the district to support an adult education or

 

community education program.

 

     (15) A district or intermediate district receiving funds under

 

this section may establish a sliding scale of tuition rates based

 

upon a participant's family income. A district or intermediate

 

district may charge a participant tuition to receive adult

 

education services under this section from that sliding scale of

 

tuition rates on a uniform basis. The amount of tuition charged per

 

participant shall not exceed the actual operating cost per

 

participant minus any funds received under this section per

 


participant. A district or intermediate district may not charge a

 

participant tuition under this section if the participant's income

 

is at or below 200% of the federal poverty guidelines published by

 

the United States department of health and human services.

 

     Enacting section 1. This amendatory act is intended to

 

transfer back to the department of education certain powers,

 

duties, and functions that were transferred to the former

 

department of career development by Executive Reorganization Order

 

No. 1999-7, MCL 388.995.