September 24, 2007, Introduced by Senators JELINEK, SWITALSKI, GLEASON, PAPPAGEORGE and KAHN and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1278a and 1278b (MCL 380.1278a and 380.1278b),
section 1278a as added by 2006 PA 124 and section 1278b as amended
by 2006 PA 623.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1278a. (1) Except as otherwise provided in this section
or section 1278b, beginning with pupils entering grade 8 in 2006,
the board of a school district or board of directors of a public
school academy shall not award a high school diploma to a pupil
unless the pupil meets all of the following:
(a) Has successfully completed all of the following credit
requirements of the Michigan merit standard before graduating from
high school:
(i) At least 4 credits in mathematics that are aligned with
subject area content expectations developed by the department and
approved by the state board under section 1278b, including
completion of at least algebra I, geometry, and algebra II, or an
integrated sequence of this course content that consists of 3
credits, and an additional mathematics credit, such as
trigonometry, statistics, precalculus, calculus, applied math,
accounting, business math, or a retake of algebra II. Each pupil
must successfully complete at least 1 mathematics course during his
or her final year of high school enrollment.
(ii) At least 3 credits in social science that are aligned with
subject area content expectations developed by the department and
approved by the state board under section 1278b, including
completion of at least 1 credit in United States history and
geography, 1 credit in world history and geography, 1/2 credit in
economics, and the civics course described in section 1166(2).
(iii) At least 1 credit in subject matter that includes both
health and physical education aligned with guidelines developed by
the department and approved by the state board under section 1278b.
(iv) At least 1 credit in visual arts, performing arts, or
applied arts, as defined by the department, that is aligned with
guidelines developed by the department and approved by the state
board under section 1278b.
(v) The credit requirements specified in section 1278b(1).
(b) Meets the online course or learning experience requirement
of this subsection. A school district or public school academy
shall provide the basic level of technology and internet access
required by the state board to complete the online course or
learning experience. For a pupil to meet this requirement, the
pupil shall meet either of the following, as determined by the
school district or public school academy:
(i) Has successfully completed at least 1 course or learning
experience that is presented online, as defined by the department.
(ii) The pupil's school district or public school academy has
integrated an online experience throughout the high school
curriculum by ensuring that each teacher of each course that
provides the required credits of the Michigan merit curriculum has
integrated an online experience into the course.
(2) In addition to the requirements under subsection (1),
beginning with pupils entering grade 3 in 2006, the board of a
school district or board of directors of a public school academy
shall not award a high school diploma to a pupil unless the pupil
has successfully completed during grades 9 to 12 at least 2
credits, as determined by the department, in a language other than
English, or the pupil has successfully completed at any time during
grades K to 12 course work or other learning experiences that are
substantially equivalent to 2 credits in a language other than
English, based on guidelines developed by the department. For the
purposes of this subsection, all of the following apply:
(a) American sign language is considered to be a language
other than English.
(b) The pupil may meet all or part of this requirement with
online course work.
(3) The requirements under this section and section 1278b for
a high school diploma are in addition to any local requirements
imposed by the board of a school district or board of directors of
a public school academy. The board of a school district or board of
directors of a public school academy, as a local requirement for a
high school diploma, may require a pupil to complete some or all of
the
subject area assessments under section 1279 or the Michigan
merit
examination under section 1279g , as applicable to the pupil
under
section 1279g, or may require a
pupil to participate in the
MIAccess assessments if appropriate for the pupil.
(4) For the purposes of this section and section 1278b, all of
the following apply:
(a) A pupil is considered to have completed a credit if the
pupil successfully completes the subject area content expectations
or guidelines developed by the department that apply to the credit.
(b) A school district or public school academy shall base its
determination of whether a pupil has successfully completed the
subject area content expectations or guidelines developed by the
department that apply to a credit at least in part on the pupil's
performance
on the assessments developed or selected by the
department
under section 1278b or on 1 or more
assessments
developed or selected by the school district or public school
academy that measure a pupil's understanding of the subject area
content expectations or guidelines that apply to the credit.
(c) A school district or public school academy shall also
grant
a pupil a credit if the pupil earns a qualifying score, as
determined
by the department, on the assessments developed or
selected
for the subject area by the department under section 1278b
or
the pupil earns a qualifying score,
as determined by the school
district or public school academy, on 1 or more assessments
developed or selected by the school district or public school
academy that measure a pupil's understanding of the subject area
content expectations or guidelines that apply to the credit.
(5) If a high school is designated by the superintendent of
public instruction as a specialty school and the high school meets
the requirements of subsection (6), then the pupils of the high
school are not required to successfully complete the 4 credits in
English language arts required under section 1278b(1)(a) or the 3
credits in social science required under subsection (1)(a)(ii) and
the school district or public school academy is not required to
ensure that each pupil is offered the curriculum necessary for
meeting those English language arts or social science credit
requirements. The superintendent of public instruction may
designate up to 15 high schools that meet the requirements of this
subsection as specialty schools. Subject to this maximum number,
the superintendent of public instruction shall designate a high
school as a specialty school if the superintendent of public
instruction finds that the high school meets all of the following
criteria:
(a) The high school incorporates a significant reading and
writing component throughout its curriculum.
(b) The high school uses a specialized, innovative, and
rigorous curriculum in such areas as performing arts, foreign
language, extensive use of internships, or other learning
innovations that conform to pioneering innovations among other
leading national or international high schools.
(6) A high school that is designated by the superintendent of
public instruction as a specialty school under subsection (5) is
only exempt from requirements as described under subsection (5) as
long as the superintendent of public instruction finds that the
high school continues to meet all of the following requirements:
(a) The high school clearly states to prospective pupils and
their parents that it does not meet the requirements of the
Michigan merit standard under this section and section 1278b but is
a designated specialty school that is exempt from some of those
requirements and that a pupil who enrolls in the high school and
subsequently transfers to a high school that is not a specialty
school meeting the requirements of this subsection will be required
to comply with the requirements of the Michigan merit standard
under this section and section 1278b.
(b) For the most recent year for which the data are available,
the mean scores on both the mathematics and science portions of the
ACT examination for the pupils of the high school exceed by at
least 10% the mean scores on the mathematics and science portions
of the ACT examination for the pupils of the school district in
which the greatest number of the pupils of the high school reside.
(c) For the most recent year for which the data are available,
the high school had a graduation rate of at least 85%, as
determined by the department.
(d) For the most recent year for which the data are available,
at least 75% of the pupils who graduated from the high school the
preceding year are enrolled in a postsecondary institution.
(e) All pupils of the high school are required to meet the
mathematics credit requirements of subsection (1)(a)(i), with no
modification of these requirements under section 1278b(5), and each
pupil is offered the curriculum necessary to meet this requirement.
(f) All pupils of the high school are required to meet the
science credit requirements of section 1278b(1)(b) and are also
required to successfully complete at least 1 additional science
credit, for a total of at least 4 science credits, with no
modification of these requirements under section 1278b(5), and each
pupil is offered the curriculum necessary to meet this requirement.
Sec. 1278b. (1) Except as otherwise provided in this section
or section 1278a, beginning with pupils entering grade 8 in 2006,
as part of the requirements under section 1278a the board of a
school district or board of directors of a public school academy
shall not award a high school diploma to a pupil unless the pupil
has successfully completed all of the following credit requirements
of the Michigan merit standard before graduating from high school:
(a) At least 4 credits in English language arts that are
aligned with subject area content expectations developed by the
department and approved by the state board under this section.
(b) At least 3 credits in science that are aligned with
subject area content expectations developed by the department and
approved by the state board under this section, including
completion of at least biology and either chemistry or physics. The
legislature strongly encourages pupils to complete a fourth credit
in science, such as forensics, astronomy, Earth science,
agricultural science, environmental science, geology, physics or
chemistry, physiology, or microbiology.
(c) The credit requirements specified in section 1278a(1)(a)(i)
to (iv).
(2) If a pupil successfully completes 1 or more of the high
school credits required under subsection (1) or under section
1278a(1) before entering high school, the pupil shall be given high
school credit for that credit.
(3) For the purposes of this section and section 1278a, the
department shall do all of the following:
(a) Develop subject area content expectations that apply to
the credit requirements of the Michigan merit standard that are
required under subsection (1)(a) and (b) and section 1278a(1)(a)(i)
and (ii) and develop guidelines for the remaining credit
requirements of the Michigan merit standard that are required under
this section and section 1278a(1)(a), for the online course or
learning experience required under section 1278a(1)(b), and for the
requirements for a language other than English under section
1278a(2). All of the following apply to these subject area content
expectations and guidelines:
(i) All subject area content expectations shall be consistent
with the state board recommended model core academic curriculum
content standards under section 1278. Subject area content
expectations or guidelines shall not include attitudes, beliefs, or
value systems that are not essential in the legal, economic, and
social structure of our society and to the personal and social
responsibility of citizens of our society. The subject area content
expectations shall require pupils to demonstrate critical thinking
skills.
(ii) The subject area content expectations and the guidelines
must be approved by the state board under subsection (4).
(iii) The subject area content expectations shall state in clear
and measurable terms what pupils are expected to know upon
completion of each credit.
(iv) The department shall complete the development of the
subject area content expectations that apply to algebra I and the
guidelines for the online course or learning experience under
section 1278a(1)(b) not later than August 1, 2006.
(v) The department shall complete development of the subject
area content expectations or guidelines that apply to each of the
other credits required in the Michigan merit standard under
subsection (1) and section 1278a(1)(a) not later than 1 year before
the beginning of the school year in which a pupil entering high
school in 2007 would normally be expected to complete the credit.
(vi) If the department has not completed development of the
subject area content expectations that apply to a particular credit
required in the Michigan merit standard under subsection (1) or
section 1278a(1)(a) by the date required under this subdivision, a
school district or public school academy may align the content of
the credit with locally adopted standards.
(vii) Until all of the subject area content expectations and
guidelines have been developed by the department and approved by
the state board, the department shall submit a report at least
every 6 months to the senate and house standing committees
responsible for education legislation on the status of the
development of the subject area content expectations and
guidelines. The report shall detail any failure by the department
to meet a deadline established under subparagraph (iv) or (v) and
the reasons for that failure.
(b) Develop and implement a process for developing the subject
area content expectations and guidelines required under this
section. This process shall provide for all of the following:
(i) Soliciting input from all of the following groups:
(A) Recognized experts in the relevant subject areas.
(B) Representatives from 4-year colleges or universities,
community colleges, and other postsecondary institutions.
(C) Teachers, administrators, and school personnel who have
specialized knowledge of the subject area.
(D) Representatives from the business community.
(E) Representatives from vocational and career and technical
education providers.
(F) Government officials, including officials from the
legislature.
(G) Parents of public school pupils.
(ii) A review of the subject area content expectations or
guidelines by national experts.
(iii) An opportunity for the public to review and provide input
on the proposed subject area content expectations or guidelines
before they are submitted to the state board for approval. The time
period allowed for this review and input shall be at least 15
business days.
(c) Determine the basic level of technology and internet
access required for pupils to complete the online course or
learning experience requirement of section 1278a(1)(b), and submit
that determination to the state board for approval.
(d)
Not later than 3 years after the effective date of this
section,
develop or select and approve assessments that may be used
by
school districts and public school academies to determine
whether
a pupil has successfully completed a credit required under
the
Michigan merit standard under subsection (1) or section
1278a(1)(a).
The assessments for each credit shall measure a
pupil's
understanding of the subject area content expectations or
guidelines
that apply to the credit. The department shall develop
or
select and approve assessments for at least each of the
following
credits: algebra I, geometry, algebra II, Earth science,
biology,
physics, chemistry, grade 9 English, grade 10 English,
grade
11 English, grade 12 English, world history, United States
history,
economics, and civics.
(d) (e)
Develop and make available material
to assist school
districts and public school academies in implementing the
requirements of this section and section 1278a. This shall include
developing guidelines for alternative instructional delivery
methods as described in subsection (7).
(4) The state board shall approve subject area content
expectations and guidelines developed by the department under
subsection (3) before those subject area content expectations and
guidelines may take effect. The state board also shall approve the
basic level of technology and internet access required for pupils
to complete the online course or learning experience requirement of
section 1278a(1)(b).
(5) The parent or legal guardian of a pupil may request a
personal curriculum for the pupil that modifies certain of the
Michigan merit standard requirements under subsection (1) or
section 1278a(1)(a). If all of the requirements under this
subsection for a personal curriculum are met, then the board of a
school district or board of directors of a public school academy
may award a high school diploma to a pupil who successfully
completes his or her personal curriculum even if it does not meet
the requirements of the Michigan merit standard required under
subsection (1) and section 1278a(1)(a). All of the following apply
to a personal curriculum:
(a) The personal curriculum shall be developed by a group that
includes at least the pupil, at least 1 of the pupil's parents or
the pupil's legal guardian, and the pupil's high school counselor
or another designee qualified to act in a counseling role under
section 1233 or 1233a selected by the high school principal. In
addition, for a pupil who receives special education services, a
school psychologist should also be included in this group.
(b) The personal curriculum shall incorporate as much of the
subject area content expectations of the Michigan merit standard
required under subsection (1) and section 1278a(1)(a) as is
practicable for the pupil; shall establish measurable goals that
the pupil must achieve while enrolled in high school and shall
provide a method to evaluate whether the pupil achieved these
goals; and shall be aligned with the pupil's educational
development plan developed under subsection (11).
(c) Before it takes effect, the personal curriculum must be
agreed to by the pupil's parent or legal guardian and by the
superintendent of the school district or chief executive of the
public school academy or his or her designee.
(d) The pupil's parent or legal guardian shall be in
communication with each of the pupil's teachers at least once each
calendar quarter to monitor the pupil's progress toward the goals
contained in the pupil's personal curriculum.
(e) Revisions may be made in the personal curriculum if the
revisions are developed and agreed to in the same manner as the
original personal curriculum.
(f) The English language arts credit requirements of
subsection (1)(a) and the science credit requirements of subsection
(1)(b) are not subject to modification as part of a personal
curriculum under this subsection.
(g) Except as otherwise provided in this subdivision, the
mathematics credit requirements of section 1278a(1)(a)(i) may be
modified as part of a personal curriculum only after the pupil has
successfully completed at least 2-1/2 credits of the mathematics
credits required under that section and only if the pupil
successfully completes at least 3-1/2 total credits of the
mathematics credits required under that section before completing
high school. The requirement under that section that a pupil must
successfully complete at least 1 mathematics course during his or
her final year of high school enrollment is not subject to
modification as part of a personal curriculum under this
subsection. The algebra II credit required under that section may
be modified as part of a personal curriculum under this subsection
only if the pupil has successfully completed at least 2 credits of
the mathematics credits required under section 1278a(1)(a)(i) and
meets 1 or more of the following:
(i) Has successfully completed the same content as 1 semester
of algebra II, as determined by the department.
(ii) Elects to complete the same content as algebra II over 2
years, with a credit awarded for each of those 2 years, and
successfully completes that content.
(iii) Enrolls in a formal career and technical education program
or curriculum and in that program or curriculum successfully
completes the same content as 1 semester of algebra II, as
determined by the department.
(h) The social science credit requirements of section
1278a(1)(a)(ii) may be modified as part of a personal curriculum
only if all of the following are met:
(i) The pupil has successfully completed 2 credits of the
social science credits required under section 1278a(1), including
the civics course described in section 1166(2).
(ii) The modification requires the pupil to complete 1
additional credit in English language arts, mathematics, or science
or 1 additional credit in a language other than English. This
additional credit must be in addition to the number of those
credits otherwise required under subsection (1) and section
1278a(1) or under section 1278a(2).
(i) The health and physical education credit requirement under
section 1278a(1)(a)(iii) may be modified as part of a personal
curriculum only if the modification requires the pupil to complete
1 additional credit in English language arts, mathematics, or
science or 1 additional credit in a language other than English.
This additional credit must be in addition to the number of those
credits otherwise required under subsection (1) and section
1278a(1) or under section 1278a(2).
(j) The visual arts, performing arts, or applied arts credit
requirement under section 1278a(1)(a)(iv) may be modified as part of
a personal curriculum only if the modification requires the pupil
to complete 1 additional credit in English language arts,
mathematics, or science or 1 additional credit in a language other
than English. This additional credit must be in addition to the
number of those credits otherwise required under subsection (1) and
section 1278a(1) or under section 1278a(2).
(k) If the parent or legal guardian of a pupil requests as
part of the pupil's personal curriculum a modification of the
Michigan merit standard requirements that would not otherwise be
allowed under this section and demonstrates that the modification
is necessary because the pupil is a child with a disability, the
school district or public school academy may allow that additional
modification to the extent necessary because of the pupil's
disability if the group under subdivision (a) determines that the
modification is consistent with both the pupil's educational
development plan under subsection (11) and the pupil's
individualized education program. If the superintendent of public
instruction has reason to believe that a school district or a
public school academy is allowing modifications inconsistent with
the requirements of this subdivision, the superintendent of public
instruction shall monitor the school district or public school
academy to ensure that the school district's or public school
academy's policies, procedures, and practices are in compliance
with the requirements for additional modifications under this
subdivision. As used in this subdivision, "child with a disability"
means that term as defined in 20 USC 1401.
(l) If a pupil is at least age 18 or is an emancipated minor,
the pupil may act on his or her own behalf under this subsection.
(m) This subsection does not apply to a pupil enrolled in a
high school that is designated as a specialty school under section
1278a(5) and that is exempt under that section from the English
language arts requirement under subsection (1)(a) and the social
science credit requirement under section 1278a(1)(a)(ii).
(6) If a pupil receives special education services, the
pupil's individualized education program, in accordance with the
individuals with disabilities education act, title VI of Public Law
91-230, shall identify the appropriate course or courses of study
and identify the supports, accommodations, and modifications
necessary to allow the pupil to progress in the curricular
requirements of this section and section 1278a, or in a personal
curriculum as provided under subsection (5), and meet the
requirements for a high school diploma.
(7) The board of a school district or board of directors of a
public school academy that operates a high school shall ensure that
each pupil is offered the curriculum necessary for the pupil to
meet the curricular requirements of this section and section 1278a.
The board or board of directors may provide this curriculum by
providing the credits specified in this section and section 1278a,
by using alternative instructional delivery methods such as
alternative course work, humanities course sequences, career and
technical education, industrial technology courses, or vocational
education, or by a combination of these. School districts and
public school academies that operate career and technical education
programs are encouraged to integrate the credit requirements of
this section and section 1278a into those programs.
(8) If the board of a school district or board of directors of
a public school academy wants its high school to be accredited
under section 1280, the board or board of directors shall ensure
that all elements of the curriculum required under this section and
section 1278a are made available to all affected pupils. If a
school district or public school academy does not offer all of the
required credits, the board of the school district or board of
directors of the public school academy shall ensure that the pupil
has access to the required credits by another means, such as
enrollment in a postsecondary course under the postsecondary
enrollment options act, 1996 PA 160, MCL 388.511 to 388.524;
enrollment in an online course; a cooperative arrangement with a
neighboring school district or with a public school academy; or
granting approval under section 6(6) of the state school aid act of
1979, MCL 388.1606, for the pupil to be counted in membership in
another school district.
(9) If a pupil is not successfully completing a credit
required for graduation under this section and section 1278a, or is
identified as being at risk of withdrawing from high school, then
the pupil's school district or public school academy shall notify
the pupil's parent or legal guardian or, if the pupil is at least
age 18 or is an emancipated minor, the pupil, of the availability
of tutoring or other supplemental educational support and
counseling services that may be available to the pupil under
existing state or federal programs, such as those programs or
services available under section 31a of the state school aid act of
1979, MCL 388.1631a, or under the no child left behind act of 2001,
Public Law 107-110.
(10) To the extent required by the no child left behind act of
2001, Public Law 107-110, the board of a school district or public
school academy shall ensure that all components of the curricular
requirements under this section and section 1278a are taught by
highly qualified teachers. If a school district or public school
academy demonstrates to the department that the school district or
public school academy is unable to meet the requirements of this
section because the school district or public school academy is
unable to hire enough highly qualified teachers, the department
shall work with the school district or public school academy to
develop a plan to allow the school district or public school
academy to hire enough highly qualified teachers to meet the
requirements of this section.
(11) The board of a school district or board of directors of a
public school academy shall ensure that each pupil in grade 7 is
provided with the opportunity to develop an educational development
plan, and that each pupil has developed an educational development
plan before he or she begins high school. An educational
development plan shall be developed by the pupil under the
supervision of the pupil's school counselor or another designee
qualified to act in a counseling role under section 1233 or 1233a
selected by the high school principal and shall be based on a
career pathways program or similar career exploration program. In
addition, if the pupil receives special education services, a
school psychologist should also participate in developing the
pupil's educational development plan.
(12) Except as otherwise provided in this subsection, if a
school district or public school academy is unable to implement all
of the curricular requirements of this section and section 1278a
for pupils entering grade 9 in 2007 or is unable to implement
another requirement of this section or section 1278a, the school
district or public school academy may apply to the department for
permission to phase in 1 or more of the requirements of this
section or section 1278a. To apply, the school district or public
school academy shall submit a proposed phase-in plan to the
department. The department shall approve a phase-in plan if the
department determines that the plan will result in the school
district or public school academy making satisfactory progress
toward full implementation of the requirements of this section and
section 1278a. If the department disapproves a proposed phase-in
plan, the department shall work with the school district or public
school academy to develop a satisfactory plan that may be approved.
However, if legislation is enacted that adds section 1290 to allow
school districts and public school academies to apply for a
contract that waives certain state or federal requirements, then
this subsection does not apply but a school district or public
school academy may take action as described in subsection (13).
This subsection does not apply to a high school that is designated
as a specialty school under section 1278a(5) and that is exempt
under that section from the English language arts requirement under
subsection (1)(a) and the social science credit requirement under
section 1278a(1)(a)(ii).
(13) If a school district or public school academy does not
offer all of the required credits or provide options to have access
to the required credits as provided under subsection (8) and if
legislation is enacted that adds section 1290 to allow school
districts and public school academies to apply for a contract that
waives certain state or federal requirements, then the school
district or public school academy is encouraged to apply for a
contract under section 1290. The purpose of a contract described in
this subsection is to improve pupil performance.
(14) This section and section 1278a do not prohibit a pupil
from satisfying or exceeding the credit requirements of the
Michigan merit standard under this section and section 1278a
through advanced studies such as accelerated course placement,
advanced placement, dual enrollment in a postsecondary institution,
or participation in the international baccalaureate program or an
early college/middle college program.
(15) Not later than April 1 of each year, the department shall
submit an annual report to the legislature that evaluates the
overall success of the curriculum required under this section and
section 1278a, the rigor and relevance of the course work required
by the curriculum, the ability of public schools to implement the
curriculum and the required course work, and the impact of the
curriculum on pupil success, and that details any activities the
department has undertaken to implement this section and section
1278a or to assist public schools in implementing the requirements
of this section and section 1278a.