December 17, 2009, Introduced by Rep. Sheltrown and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 502, 503, 522, 523, 1278, 1279a, 1279c, 1279d,
1280, 1282, 1311d, 1311e, and 1525 (MCL 380.502, 380.503, 380.522,
380.523, 380.1278, 380.1279a, 380.1279c, 380.1279d, 380.1280,
380.1282, 380.1311d, 380.1311e, and 380.1525), section 502 as
amended by 1995 PA 289, section 503 as amended by 2003 PA 299,
sections 522 and 523 as added by 2003 PA 179, sections 1278, 1279a,
1279c, 1279d, and 1525 as amended by 2004 PA 596, section 1280 as
amended by 2006 PA 123, section 1282 as amended by 1997 PA 181, and
sections 1311d and 1311e 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 as
otherwise provided in this subdivision, 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. 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), 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 an assessment
used under section 2 of 1970 PA 38, MCL 388.1082, or the Michigan
merit examination developed under section 1279g, as applicable.
(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. 503. (1) An authorizing body is not required to issue a
contract to any person or entity. Public school academy contracts
shall be issued on a competitive basis taking into consideration
the resources available for the proposed public school academy, the
population to be served by the proposed public school academy, and
the educational goals to be achieved by the proposed public school
academy.
(2) If a person or entity applies to the board of a school
district for a contract to organize and operate 1 or more public
school academies within the boundaries of the school district and
the board does not issue the contract, the person or entity may
petition the board to place the question of issuing the contract on
the ballot to be decided by the school electors of the school
district. The petition shall contain all of the information
required to be in the contract application under section 502 and
shall be signed by a number of school electors of the school
district equal to at least 15% of the total number of school
electors of that school district. The petition shall be filed with
the school district filing official. If the board receives a
petition meeting the requirements of this subsection, the board
shall have the question of issuing the contract placed on the
ballot at its next regular school election held at least 60 days
after receiving the petition. If a majority of the school electors
of the school district voting on the question vote to issue the
contract, the board shall issue the contract.
(3) Within 10 days after issuing a contract for a public
school academy, the authorizing body shall submit to the
superintendent of public instruction a copy of the contract and of
the application under section 502.
(4) An authorizing body shall adopt a resolution establishing
the method of selection, length of term, and number of members of
the board of directors of each public school academy subject to its
jurisdiction.
(5) A contract issued to organize and administer a public
school academy shall contain at least all of the following:
(a) The educational goals the public school academy is to
achieve and the methods by which it will be held accountable. To
the extent applicable, the pupil performance of a public school
academy
shall be assessed using at least a Michigan education
assessment
program (MEAP) test or an assessment instrument
developed
under section 1279 an
assessment used under section 2 of
1970 PA 38, MCL 388.1082, or the Michigan merit examination
developed
under section 1279g, as applicable.
(b) A description of the method to be used to monitor the
public school academy's compliance with applicable law and its
performance in meeting its targeted educational objectives.
(c) A description of the process for amending the contract
during the term of the contract.
(d) All of the matters set forth in the application for the
contract.
(e) For a public school academy authorized by a school
district, an agreement that employees of the public school academy
will be covered by the collective bargaining agreements that apply
to employees of the school district employed in similar
classifications in schools that are not public school academies.
(f) Procedures for revoking the contract and grounds for
revoking the contract, including at least the grounds listed in
section 507.
(g) A description of and address for the proposed physical
plant in which the public school academy will be located.
(h) Requirements and procedures for financial audits. The
financial audits shall be conducted at least annually by a
certified public accountant in accordance with generally accepted
governmental auditing principles.
(6) A public school academy shall comply with all applicable
law, including all of the following:
(a) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(b) The freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(c) 1947 PA 336, MCL 423.201 to 423.217.
(d) 1965 PA 166, MCL 408.551 to 408.558.
(e) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, and 1274.
(7) A public school academy and its incorporators, board
members, officers, employees, and volunteers have governmental
immunity as provided in section 7 of 1964 PA 170, MCL 691.1407. An
authorizing body and its board members, officers, and employees are
immune from civil liability, both personally and professionally,
for an act or omission in authorizing a public school academy if
the authorizing body or the person acted or reasonably believed he
or she acted within the authorizing body's or the person's scope of
authority.
(8) A public school academy is exempt from all taxation on its
earnings and property. Instruments of conveyance to or from a
public school academy are exempt from all taxation including taxes
imposed by 1966 PA 134, MCL 207.501 to 207.513. A public school
academy may not levy ad valorem property taxes or another tax for
any purpose. However, operation of 1 or more public school
academies by a school district or intermediate school district does
not affect the ability of the school district or intermediate
school district to levy ad valorem property taxes or another tax.
(9) A public school academy may acquire by purchase, gift,
devise, lease, sublease, installment purchase agreement, land
contract, option, or by any other means, hold and own in its own
name buildings and other property for school purposes, and
interests therein, and other real and personal property, including,
but not limited to, interests in property subject to mortgages,
security interests, or other liens, necessary or convenient to
fulfill its purposes. For the purposes of condemnation, a public
school academy may proceed under the uniform condemnation
procedures act, 1980 PA 87, MCL 213.51 to 213.75, excluding
sections 6 to 9 of that act, MCL 213.56 to 213.59, or other
applicable statutes, but only with the express, written permission
of the authorizing body in each instance of condemnation and only
after just compensation has been determined and paid.
Sec. 522. (1) An urban high 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. An urban high school academy corporation shall be
organized under the nonprofit corporation act, 1982 PA 162, MCL
450.2101 to 450.3192, except that an urban high school 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, an urban high 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) The governing board of a state public university may act
as an authorizing body to issue a contract for the organization and
operation of an urban high school academy under this part. Subject
to section 524(1), not more than 15 contracts may be issued under
this part. A contract issued under this part shall be for an urban
high school academy that will be located in a school district of
the first class. An urban high school academy authorized under this
part shall not operate outside the boundaries of a school district
of the first class.
(3) A contract issued under this part shall be issued for an
initial term of 10 years. If the urban high school academy meets
the educational goals set forth in the contract and operates in
substantial compliance with this part, the authorizing body shall
automatically renew the contract for subsequent 10-year terms.
(4) To obtain a contract to organize and operate 1 or more
urban high school academies, an entity may apply to an authorizing
body described in subsection (2). The contract shall be issued to
an urban high school academy corporation designated by the entity
applying for the contract. The application shall include at least
all of the following:
(a) Name of the entity applying for the contract.
(b) Subject to the resolution adopted by the authorizing body
under section 528, a list of the proposed members of the board of
directors of the urban high 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 urban high school academy to which
the contract will be issued.
(ii) The purposes for the urban high school academy
corporation. This language shall provide that the urban high school
academy is incorporated pursuant to this part and that the urban
high school academy corporation is a governmental entity and
political subdivision of this state.
(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 urban high 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 urban high school academy.
(ii) A copy of the educational goals of the urban high school
academy and the curricula to be offered and methods of pupil
assessment to be used by the urban high school academy. To the
extent applicable, the progress of the pupils in the urban high
school
academy shall be assessed using at least a Michigan
education
assessment program (MEAP) test or an assessment
instrument
developed under section 1279 an
assessment used under
section 2 of 1970 PA 38, MCL 388.1082, or the Michigan merit
examination developed under section 1279g, as applicable.
(iii) The admission policy and criteria to be maintained by the
urban high school academy. The admission policy and criteria shall
comply with section 524. This part of the application also shall
include a description of how the applicant will provide to the
general public adequate notice that an urban high 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 urban
high school academy's governance structure.
(g) A description of and address for the proposed building or
buildings in which the urban high school academy will be located,
and a financial commitment by the entity applying for the contract
to construct or renovate the building or buildings that will be
occupied by the urban high school academy that is issued the
contract.
(5) If a particular state public university issues a contract
that allows an urban high school academy to operate the same
configuration of grades at more than 1 site, as provided in section
524(1), each of those sites shall be under the direction of the
board of directors that is a party to the contract.
(6) If the state board finds that an authorizing body is not
engaging in appropriate continuing oversight of 1 or more urban
high school academies operating under a contract issued by the
authorizing body, the state board by unanimous vote may suspend the
power of the authorizing body to issue new contracts to organize
and operate urban high 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.
(7) 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 an urban high school academy in an amount that exceeds
a combined total of 3% of the total state school aid received by
the urban high school academy in the school year in which the fees
or expenses are charged. All of the following apply to this fee:
(a) An authorizing body may use this fee only for the
following purposes:
(i) Considering applications and issuing or administering
contracts.
(ii) Compliance monitoring and oversight of urban high school
academies.
(iii) Training for urban high school academy applicants,
administrators, and boards of directors.
(iv) Technical assistance to urban high school academies.
(v) Academic support to urban high school academies or to
pupils or graduates of urban high school academies.
(vi) Evaluation of urban high school academy performance.
(vii) Training of teachers, including supervision of teacher
interns.
(viii) Other purposes that assist the urban high school
academies or traditional public schools in achieving improved
academic performance.
(b) An authorizing body may provide other services for an
urban high 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 urban high school academy.
(8) An urban high school academy shall be presumed to be
legally organized if it has exercised the franchises and privileges
of an urban high school academy for at least 2 years.
Sec. 523. (1) An authorizing body is not required to issue a
contract to any entity. Urban high school academy contracts shall
be issued on a competitive basis taking into consideration the
resources available for the proposed urban high school academy, the
population to be served by the proposed urban high school academy,
and the educational goals to be achieved by the proposed urban high
school academy. In evaluating if an applicant is qualified, the
authorizing body shall examine the proposed performance standards,
proposed academic program, financial viability of the applicant,
and the ability of the proposed board of directors to meet the
contract goals and objectives. An authorizing body shall give
priority to applicants that demonstrate all of the following:
(a) The proposed school will operate at least all of grades 9
through 12 within 3 years after beginning operation.
(b) The proposed school will occupy a building or buildings
that are newly constructed or renovated after January 1, 2003.
(c) The proposed school has a stated goal of increasing high
school graduation rates.
(d) The proposed school has received commitments for financial
and educational support from the entity applying for the contract.
(e) The entity that submits the application for a contract has
net assets of at least $50,000,000.00.
(2) A contract issued to organize and administer an urban high
school academy shall contain at least all of the following:
(a) The educational goals the urban high school academy is to
achieve and the methods by which it will be held accountable. To
the extent applicable, the pupil performance of an urban high
school
academy shall be assessed using at least a Michigan
education
assessment program (MEAP) test or an assessment
instrument
developed under section 1279 an
assessment used under
section 2 of 1970 PA 38, MCL 388.1082, or the Michigan merit
examination developed under section 1279g, as applicable.
(b) A description of the method to be used to monitor the
urban high school academy's compliance with applicable law and its
performance in meeting its targeted educational objectives.
(c) A description of the process for amending the contract
during the term of the contract. An authorizing body may approve
amendment of the contract with respect to any provision contained
in the contract.
(d) A certification, signed by an authorized member of the
urban high school academy board of directors, that the urban high
school academy will comply with the contract and all applicable
law.
(e) Procedures for revoking the contract and grounds for
revoking the contract.
(f) A description of and address for the proposed building or
buildings in which the urban high school academy will be located.
(g) Requirements and procedures for financial audits. The
financial audits shall be conducted at least annually by an
independent certified public accountant in accordance with
generally accepted governmental auditing principles.
(h) A requirement that the board of directors shall ensure
compliance with the requirements of 1968 PA 317, MCL 15.321 to
15.330.
(i) A requirement that the board of directors shall prohibit
specifically identified family relationships between members of the
board of directors, individuals who have an ownership interest in
or who are officers or employees of an educational management
company involved in the operation of the urban high school academy,
and employees of the urban high school academy. The contract shall
identify the specific prohibited relationships consistent with
applicable law.
(j) A requirement that the board of directors of the urban
high school academy shall make information concerning its operation
and management available to the public and to the authorizing body
in the same manner as is required by state law for school
districts.
(k) A requirement that the board of directors of the urban
high school academy shall collect, maintain, and make available to
the public and the authorizing body, in accordance with applicable
law and the contract, at least all of the following information
concerning the operation and management of the urban high school
academy:
(i) A copy of the contract issued by the authorizing body for
the urban high school academy.
(ii) A list of currently serving members of the board of
directors of the urban high school academy, including name,
address, and term of office; copies of policies approved by the
board of directors; board meeting agendas and minutes; copy of the
budget approved by the board of directors and of any amendments to
the budget; and copies of bills paid for amounts of $10,000.00 or
more as they were submitted to the board of directors.
(iii) Quarterly financial reports submitted to the authorizing
body.
(iv) A current list of teachers working at the urban high
school academy that includes their individual salaries; copies of
the teaching certificates or permits of current teaching staff; and
evidence of compliance with the criminal background and records
checks and unprofessional conduct check required under sections
1230, 1230a, and 1230b for all teachers and administrators working
at the urban high school academy.
(v) Curriculum documents and materials given to the
authorizing body.
(vi) Proof of insurance as required by the contract.
(vii) Copies of facility leases or deeds, or both, and of any
equipment leases.
(viii) Copies of any management contracts or services contracts
approved by the board of directors.
(ix) All health and safety reports and certificates, including
those relating to fire safety, environmental matters, asbestos
inspection, boiler inspection, and food service.
(x) Any management letters issued as part of the annual
financial audit under subdivision (g).
(xi) Any other information specifically required under this
act.
(l) A requirement that the authorizing body must review and may
disapprove any agreement between the board of directors and an
educational management company before the agreement is final and
valid. An authorizing body may disapprove an agreement described in
this subdivision only if the agreement is contrary to the contract
or applicable law.
(m) A requirement that the board of directors shall
demonstrate all of the following to the satisfaction of the
authorizing body with regard to its pupil admission process:
(i) That the urban high school academy has made a reasonable
effort to advertise its enrollment openings in a newspaper of
general circulation in the intermediate school district in which
the urban high school academy is located.
(ii) That the urban high school academy has made the following
additional efforts to recruit pupils who are eligible for special
education programs and services to apply for admission:
(A) Reasonable efforts to advertise all enrollment openings to
organizations and media that regularly serve and advocate for
individuals with disabilities within the boundaries of the
intermediate school district in which the urban high school academy
is located.
(B) Inclusion in all pupil recruitment materials of a
statement that appropriate special education services will be made
available to pupils attending the school as required by law.
(iii) That the open enrollment period for the urban high school
academy is for a duration of at least 2 weeks and that the
enrollment times include some evening and weekend times.
(n) A requirement that the board of directors shall prohibit
any individual from being employed by the urban high school academy
in more than 1 full-time position and simultaneously being
compensated at a full-time rate for each of those positions.
(o) A requirement that, if requested, the board of directors
shall report to the authorizing body the total compensation for
each individual working at the urban high school academy.
(3) An urban high school academy shall comply with all
applicable law, including all of the following:
(a) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(b) The freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(c) 1947 PA 336, MCL 423.201 to 423.217.
(d) 1965 PA 166, MCL 408.551 to 408.558.
(e) 1978 PA 566, MCL 15.181 to 15.185.
(f) 1968 PA 317, MCL 15.321 to 15.330.
(g) The uniform budgeting and accounting act, 1968 PA 2, MCL
141.421 to 141.440a.
(h) The revised municipal finance act, 2001 PA 34, MCL
141.2101 to 141.2821.
(i)
The federal no child left behind act of 2001, Public Law
107-110, 115 Stat. 1425.
(j) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, 1274, and
1280.
(4) An urban high school academy and its incorporators, board
members, officers, employees, and volunteers have governmental
immunity as provided in section 7 of 1964 PA 170, MCL 691.1407. An
authorizing body and its board members, officers, and employees are
immune from civil liability, both personally and professionally,
for any acts or omissions in authorizing or oversight of an urban
high school academy if the authorizing body or the person acted or
reasonably believed he or she acted within the authorizing body's
or the person's scope of authority.
(5) An urban high school academy is exempt from all taxation
on its earnings and property. Instruments of conveyance to or from
an urban high school academy are exempt from all taxation,
including taxes imposed by 1966 PA 134, MCL 207.501 to 207.513. An
urban high school academy may not levy ad valorem property taxes or
any other tax for any purpose.
(6) An urban high school academy may acquire by purchase,
gift, devise, lease, sublease, installment purchase agreement, land
contract, option, or any other means, hold, and own in its own name
buildings and other property for school purposes, and interests
therein, and other real and personal property, including, but not
limited to, interests in property subject to mortgages, security
interests, or other liens, necessary or convenient to fulfill its
purposes. For the purposes of condemnation, an urban high school
academy may proceed under the uniform condemnation procedures act,
1980 PA 87, MCL 213.51 to 213.75, excluding sections 6 to 9 of that
act, MCL 213.56 to 213.59, or other applicable statutes, but only
with the express, written permission of the authorizing body in
each instance of condemnation and only after just compensation has
been determined and paid.
Sec. 1278. (1) In addition to the requirements for
accreditation under section 1280 specified in that section, if the
board of a school district wants all of the schools of the school
district to be accredited under section 1280, the board shall
provide to all pupils attending public school in the district a
core academic curriculum in compliance with subsection (3) in each
of the curricular areas specified in the state board recommended
model core academic curriculum content standards developed under
subsection (2). The state board model core academic curriculum
content standards shall encompass academic and cognitive
instruction only. For purposes of this section, the state board
model core academic curriculum content standards 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.
(2) Recommended model core academic curriculum content
standards shall be developed and periodically updated by the state
board, shall be in the form of knowledge and skill content
standards that are recommended as state standards for adoption by
public schools in local curriculum formulation and adoption, and
shall be distributed to each school district in the state. The
recommended model core academic curriculum content standards shall
set forth desired learning objectives in math, science, reading,
history, geography, economics, American government, and writing for
all children at each stage of schooling and be based upon the
"Michigan K-12 program standards of quality" to ensure that high
academic standards, academic skills, and academic subject matters
are built into the instructional goals of all school districts for
all
children. The state board also shall ensure that the Michigan
educational
assessment program assessments
used under section 2 of
1970 PA 38, MCL 388.1082, and the Michigan merit examination are
based on the state recommended model core curriculum content
standards, are testing only for proficiency in basic and advanced
academic skills and academic subject matter, and are not used to
measure pupils' values or attitudes.
(3) The board of each school district, considering academic
curricular objectives defined and recommended pursuant to
subsection (2), shall do both of the following:
(a) Establish a core academic curriculum for its pupils at the
elementary, middle, and secondary school levels. The core academic
curriculum shall define academic objectives to be achieved by all
pupils and shall be based upon the school district's educational
mission, long-range pupil goals, and pupil performance objectives.
The core academic curriculum may vary from the model core academic
curriculum content standards recommended by the state board
pursuant to subsection (2).
(b) After consulting with teachers and school building
administrators, determine the aligned instructional program for
delivering the core academic curriculum and identify the courses
and programs in which the core academic curriculum will be taught.
(4) The board may supplement the core academic curriculum by
providing instruction through additional classes and programs.
(5) For all pupils, the subjects or courses, and the delivery
of those including special assistance, that constitute the
curriculum the pupils engage in shall assure the pupils have a
realistic opportunity to learn all subjects and courses required by
the district's core academic curriculum. A subject or course
required by the core academic curriculum pursuant to subsection (3)
shall be provided to all pupils in the school district by a school
district, a consortium of school districts, or a consortium of 1 or
more school districts and 1 or more intermediate school districts.
(6) To the extent practicable, the state board may adopt or
develop academic objective-oriented high standards for knowledge
and life skills, and a recommended core academic curriculum, for
special education pupils for whom it may not be realistic or
desirable to expect achievement of initial mastery of the state
board recommended model core academic content standards objectives
or of a high school diploma.
(7) The state board shall make available to all nonpublic
schools in this state, as a resource for their consideration, the
model core academic curriculum content standards developed for
public schools pursuant to subsection (2) for the purpose of
assisting the governing body of a nonpublic school in developing
its core academic curriculum.
(8) Excluding special education pupils, pupils having a
learning disability, and pupils with extenuating circumstances as
determined by school officials, a pupil who does not score
satisfactorily
on the 4th or 7th grade Michigan educational
assessment
program reading test reading
assessment used under
section 2 of 1970 PA 38, MCL 388.1082, shall be provided special
assistance reasonably expected to enable the pupil to bring his or
her reading skills to grade level within 12 months.
(9) Any course that would have been considered a nonessential
elective course under Snyder v Charlotte School Dist, 421 Mich 517
(1984), on April 13, 1990 shall continue to be offered to resident
pupils of nonpublic schools on a shared time basis.
Sec. 1279a. If the superintendent of public instruction has
reason to suspect that there are irregularities in a school
district's or public school academy's administration of, or
preparation
of pupils for, a Michigan educational assessment
program
(MEAP) test an assessment
used under section 2 of 1970 PA
38, MCL 388.1082, or the Michigan merit examination, the
superintendent of public instruction shall not report the suspected
irregularities to any person or entity not involved in the scoring
or administration of the test before notifying the school district
or public school academy of the suspected irregularities and
allowing at least 5 business days for school officials to respond.
Sec. 1279c. The state board, the superintendent of public
instruction, the board of each school district, and each public
school
academy shall ensure that the Michigan educational
assessment
program (MEAP) tests assessments
used under section 2 of
1970 PA 38, MCL 388.1082, and the Michigan merit examination are
not used to measure pupils' values or attitudes.
Sec. 1279d. If the superintendent of public instruction or any
other state agency has reason to suspect that there are
irregularities in a school district's or public school academy's
administration
of, or preparation of pupils for, a Michigan
educational
assessment program (MEAP) test an
assessment used under
section 2 of 1970 PA 38, MCL 388.1082, or the Michigan merit
examination, the superintendent of public instruction or other
state agency shall not report the suspected irregularities to any
person or entity not involved in the scoring or administration of
the test before notifying the school district or public school
academy of the suspected irregularities and allowing at least 5
business days for school officials to respond.
Sec. 1280. (1) The board of a school district that does not
want to be subject to the measures described in this section shall
ensure that each public school within the school district is
accredited.
(2) As used in subsection (1), and subject to subsection (6),
"accredited" means certified by the superintendent of public
instruction as having met or exceeded standards established under
this section for 6 areas of school operation: administration and
school organization, curricula, staff, school plant and facilities,
school and community relations, and school improvement plans and
student performance. The building-level evaluation used in the
accreditation process shall include, but is not limited to, school
data collection, self-study, visitation and validation,
determination of performance data to be used, and the development
of a school improvement plan.
(3) The department shall develop and distribute to all public
schools proposed accreditation standards. Upon distribution of the
proposed standards, the department shall hold statewide public
hearings for the purpose of receiving testimony concerning the
standards. After a review of the testimony, the department shall
revise and submit the proposed standards to the superintendent of
public instruction. After a review and revision, if appropriate, of
the proposed standards, the superintendent of public instruction
shall submit the proposed standards to the senate and house
committees that have the responsibility for education legislation.
Upon approval by these committees, the department shall distribute
to all public schools the standards to be applied to each school
for accreditation purposes. The superintendent of public
instruction shall review and update the accreditation standards
annually using the process prescribed under this subsection.
(4) The superintendent of public instruction shall develop and
distribute to all public schools standards for determining that a
school is eligible for summary accreditation under subsection (6).
The standards shall be developed, reviewed, approved, and
distributed using the same process as prescribed in subsection (3)
for accreditation standards, and shall be finally distributed and
implemented not later than December 31, 1994.
(5) The standards for accreditation or summary accreditation
under this section shall include as criteria pupil performance on
Michigan education assessment program (MEAP) tests assessments used
under section 2 of 1970 PA 38, MCL 388.1082, and on the Michigan
merit
examination under section 1279g, and, until the Michigan
merit
examination has been fully implemented, the percentage of
pupils
achieving state endorsement under section 1279, but shall
not
be based solely on pupil performance on MEAP tests assessments
used under section 2 of 1970 PA 38, MCL 388.1082, or the Michigan
merit
examination. or on the percentage of pupils achieving state
endorsement
under section 1279. The standards
shall also include as
criteria
multiple year change in pupil performance on MEAP tests
assessments used under section 2 of 1970 PA 38, MCL 388.1082, and
the
Michigan merit examination. and, until after the Michigan merit
examination
is fully implemented, multiple year change in the
percentage
of pupils achieving state endorsement under section
1279.
If it is necessary for the superintendent
of public
instruction to revise accreditation or summary accreditation
standards established under subsection (3) or (4) to comply with
this subsection, the revised standards shall be developed,
reviewed, approved, and distributed using the same process as
prescribed in subsection (3).
(6) If the superintendent of public instruction determines
that a public school has met the standards established under
subsection (4) or (5) for summary accreditation, the school is
considered to be accredited without the necessity for a full
building-level evaluation under subsection (2).
(7) If the superintendent of public instruction determines
that a school has not met the standards established under
subsection (4) or (5) for summary accreditation but that the school
is making progress toward meeting those standards, or if, based on
a full building-level evaluation under subsection (2), the
superintendent of public instruction determines that a school has
not met the standards for accreditation but is making progress
toward meeting those standards, the school is in interim status and
is subject to a full building-level evaluation as provided in this
section.
(8) If a school has not met the standards established under
subsection (4) or (5) for summary accreditation and is not eligible
for interim status under subsection (7), the school is unaccredited
and subject to the measures provided in this section.
(9)
Beginning with the 2002-2003 school year, if If at
least
5% of a public school's answer sheets from the administration of
the
Michigan educational assessment program (MEAP) tests
assessments used under section 2 of 1970 PA 38, MCL 388.1082, are
lost by the department or by a state contractor and if the public
school can verify that the answer sheets were collected from pupils
and forwarded to the department or the contractor, the department
shall not assign an accreditation score or school report card grade
to the public school for that subject area for the corresponding
year for the purposes of determining state accreditation under this
section. The department shall not assign an accreditation score or
school report card grade to the public school for that subject area
until the results of all tests for the next year are available.
(10) Subsection (9) does not preclude the department from
determining whether a public school or a school district has
achieved adequate yearly progress for the school year in which the
answer sheets were lost for the purposes of the no child left
behind act of 2001, Public Law 107-110. However, the department
shall ensure that a public school or the school district is not
penalized when determining adequate yearly progress status due to
the
fact that the public school's MEAP answer sheets were lost by
the department or by a state contractor, but shall not require a
public school or school district to retest pupils or produce scores
from another test for this purpose.
(11) The superintendent of public instruction shall annually
review and evaluate for accreditation purposes the performance of
each school that is unaccredited and as many of the schools that
are in interim status as permitted by the department's resources.
(12) The superintendent of public instruction shall, and the
intermediate school district to which a school district is
constituent, a consortium of intermediate school districts, or any
combination thereof may, provide technical assistance, as
appropriate, to a school that is unaccredited or that is in interim
status upon request of the board of the school district in which
the school is located. If requests to the superintendent of public
instruction for technical assistance exceed the capacity, priority
shall be given to unaccredited schools.
(13) A school that has been unaccredited for 3 consecutive
years is subject to 1 or more of the following measures, as
determined by the superintendent of public instruction:
(a) The superintendent of public instruction or his or her
designee shall appoint at the expense of the affected school
district an administrator of the school until the school becomes
accredited.
(b) A parent, legal guardian, or person in loco parentis of a
child who attends the school may send his or her child to any
accredited public school with an appropriate grade level within the
school district.
(c) The school, with the approval of the superintendent of
public instruction, shall align itself with an existing research-
based school improvement model or establish an affiliation for
providing assistance to the school with a college or university
located in this state.
(d) The school shall be closed.
(14) The superintendent of public instruction shall evaluate
the school accreditation program and the status of schools under
this section and shall submit an annual report based upon the
evaluation to the senate and house committees that have the
responsibility for education legislation. The report shall address
the reasons each unaccredited school is not accredited and shall
recommend legislative action that will result in the accreditation
of all public schools in this state.
(15) Beginning with the 2008-2009 school year, a high school
shall not be accredited by the department unless the department
determines that the high school is providing or has otherwise
ensured that all pupils have access to all of the elements of the
curriculum required under sections 1278a and 1278b. If it is
necessary for the superintendent of public instruction to revise
accreditation or summary accreditation standards established under
subsection (3) or (4) to comply with the changes made to this
section by the amendatory act that added this subsection, the
revised standards shall be developed, reviewed, approved, and
distributed using the same process as prescribed in subsection (3).
Sec. 1282. (1) The board of a school district shall establish
and carry on the grades, schools, and departments it considers
necessary or desirable for the maintenance and improvement of its
schools and determine the courses of study to be pursued.
(2) The board of a school district shall provide a core
academic curriculum, learning processes, special assistance
particularly for students with reading disorders or who have
demonstrated marked difficulty in achieving success on standardized
tests. ,
and sufficient access to each of these so that all pupils
have
a fair opportunity to achieve a state endorsement under
section
1279. The board shall use Michigan
education assessment
program
(MEAP) test results on the assessments used under section 2
of
1970 PA 38, MCL 388.1082, as an
indicator of which pupils need
special
assistance to have a fair opportunity to achieve state
endorsement
under section 1279 and of whether
the school district's
curriculum
is adequately aligned. to prepare pupils to achieve that
state
endorsement. This special
assistance may include at least 1
meeting attended by at least the pupil and a member of the school
district's staff or a local or intermediate school district
consultant who is knowledgeable in the measurement and evaluation
of pupils. The school district may provide the meeting as a group
meeting for pupils in similar circumstances. If the pupil is a
minor, the school district shall invite and encourage the pupil's
parent, legal guardian, or person in loco parentis to attend the
meeting and shall mail a notice of the meeting to the pupil's
parent, legal guardian, or person in loco parentis. The purpose of
this meeting and any subsequent meeting under this subsection
should be to determine an educational program for the pupil
designed
to assist the pupil to be prepared. to achieve state
endorsement
under section 1279. In addition,
the school district
may provide for subsequent meetings with the pupil conducted by a
counselor or teacher designated by the pupil's principal, and shall
invite and encourage the pupil's parent, legal guardian, or person
in loco parentis to attend the subsequent meetings. The school
district may provide special programs for the pupil or develop a
program using the educational programs regularly provided by the
school district.
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 as
otherwise provided in this subdivision, 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. 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 an assessment used
under section 2 of 1970 PA 38,
MCL 388.1082, or the Michigan merit examination developed under
section 1279g, as applicable.
(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.
Sec. 1311e. (1) An authorizing body is not required to issue a
contract to any person or entity. Contracts for strict discipline
academies shall be issued on a competitive basis taking into
consideration the resources available for the proposed strict
discipline academy, the population to be served by the proposed
strict discipline academy, and the educational goals to be achieved
by the proposed strict discipline academy.
(2) If a person or entity applies to the board of a school
district for a contract to organize and operate 1 or more strict
discipline academies within the boundaries of the school district
and the board does not issue the contract, the person or entity may
petition the board to place the question of issuing the contract on
the ballot to be decided by the school electors of the school
district. The petition shall contain all of the information
required to be in the contract application under section 1311d and
shall be signed by a number of school electors of the school
district equal to at least 15% of the total number of school
electors of that school district. The petition shall be filed with
the secretary of the board. If the board receives a petition
meeting the requirements of this subsection, the board shall place
the question of issuing the contract on the ballot at its next
annual school election held at least 60 days after receiving the
petition. If a majority of the school electors of the school
district voting on the question vote to issue the contract, the
board shall issue the contract.
(3) Within 10 days after issuing a contract for a strict
discipline academy, the board of the authorizing body shall submit
to the state board a copy of the contract and of the application
under section 1311d.
(4) An authorizing body shall adopt a resolution establishing
the method of selection, length of term, and number of members of
the board of directors of each strict discipline academy subject to
its jurisdiction.
(5) A contract issued to organize and administer a strict
discipline academy shall contain at least all of the following:
(a) The educational goals the strict discipline academy is to
achieve and the methods by which it will be held accountable. To
the extent applicable, the pupil performance of a 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
an assessment used under
section 2 of 1970 PA 38, MCL
388.1082, or the Michigan merit examination developed under section
1279g, as applicable.
(b) A description of the method to be used to monitor the
strict discipline academy's compliance with applicable law and its
performance in meeting its targeted educational objectives.
(c) A description of the process for amending the contract
during the term of the contract.
(d) All of the matters set forth in the application for the
contract.
(e) For a strict discipline academy authorized by a school
district, an agreement that employees of the strict discipline
academy will be covered by the collective bargaining agreements
that apply to employees of the school district employed in similar
classifications in schools that are not strict discipline
academies.
(f) Procedures for revoking the contract and grounds for
revoking the contract, including at least the grounds listed in
section 1311l.
(g) A description of and address for the proposed physical
plant in which the strict discipline academy will be located.
(h) Requirements and procedures for financial audits. The
financial audits shall be conducted at least annually by a
certified public accountant in accordance with generally accepted
governmental auditing principles.
(6) A strict discipline academy shall comply with all
applicable law, including all of the following:
(a) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(b) The freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(c) 1947 PA 336, MCL 423.201 to 423.217.
(d) 1965 PA 166, MCL 408.551 to 408.558.
(e) Sections 1134, 1135, 1146, 1153, 1263(3), 1267, and 1274.
(f) Except for part 6a, all provisions of this act that
explicitly apply to public school academies established under part
6a.
(7) A strict discipline academy and its incorporators, board
members, officers, employees, and volunteers have governmental
immunity as provided in section 7 of 1964 PA 170, MCL 691.1407. An
authorizing body and its board members, officers, and employees are
immune from civil liability, both personally and professionally,
for any acts or omissions in authorizing a strict discipline
academy if the authorizing body or the person acted or reasonably
believed he or she acted within the authorizing body's or the
person's scope of authority.
(8) A strict discipline academy is exempt from all taxation on
its earnings and property. Instruments of conveyance to or from a
strict discipline academy are exempt from all taxation including
taxes imposed by 1966 PA 134, MCL 207.501 to 207.513. A strict
discipline academy may not levy ad valorem property taxes or any
other tax for any purpose. However, operation of 1 or more strict
discipline academies by a school district or intermediate school
district does not affect the ability of the school district or
intermediate school district to levy ad valorem property taxes or
any other tax.
(9) A strict discipline academy may acquire by purchase, gift,
devise, lease, sublease, installment purchase agreement, land
contract, option, or by any other means, hold and own in its own
name buildings and other property for school purposes, and
interests therein, and other real and personal property, including,
but not limited to, interests in property subject to mortgages,
security interests, or other liens, necessary or convenient to
fulfill its purposes. For the purposes of condemnation, a strict
discipline academy may proceed under the uniform condemnation
procedures act, 1980 PA 87, MCL 213.51 to 213.75, excluding
sections 6 to 9 of that act, MCL 213.56 to 213.59, or other
applicable statutes, but only with the express, written permission
of the authorizing body in each instance of condemnation and only
after just compensation has been determined and paid.
Sec. 1525. (1) State and federal funds appropriated by the
legislature to support professional development and education may
be used for the following:
(a) Professional development programs for administrators and
teachers. These programs shall emphasize the improvement of
teaching and pupils' learning of academic core curriculum
objectives,
as measured by Michigan educational assessment program
the assessments used under section 2 of 1970 PA 38, MCL 388.1082,
the Michigan merit examination, and other criterion - reference
assessments; collaborative decision-making; site-based management;
the process of school improvement; instructional leadership; and
the use of data and assessment instruments to improve teaching and
learning for all pupils.
(b) A biennial education policy leadership institute. The
state board shall organize and convene a biennial education policy
leadership institute for the governor, the lieutenant governor, the
state board, the state superintendent, the legislature, and the
presidents of the state board approved teacher education
institutions, and the staff of each as may be considered
appropriate, to examine the most current public education policy
issues and initiatives and the appropriate role of policy leaders.
(c) A statewide academy for school leadership established by
the state board.
(d) A principal leadership academy. The department, in
collaboration with statewide associations of school principals,
shall establish the principal leadership academy. The principal
leadership academy shall consist of training for school principals
that is conducted by other school principals who have a record of
demonstrated success in improving pupil performance. The department
shall solicit input from school district superintendents and
intermediate superintendents to compile a list of successful school
principals who would likely be effective in conducting the training
at the principal leadership academy and shall select school
principals to conduct the training from this list. The training
shall include all aspects of successful school leadership,
including at least all of the following:
(i) Strategies for increasing parental involvement.
(ii) Strategies for engaging community support and involvement.
(iii) Creative problem-solving.
(iv) Financial decision-making.
(v) Management rights and techniques.
(vi) Other strategies for improving school leadership to
achieve better pupil performance.
(e) Community leadership development. The state board, in
conjunction with intermediate school districts, shall conduct a
leadership development training program in each school district for
members of the community.
(f) Promotion of high educational standards. The state board,
in collaboration with the business community and educators, shall
coordinate and assist in the promotion of a statewide public
education and information program concerning the need to achieve
world class educational standards in the public schools of this
state.
(g) Sabbatical leaves. School districts shall provide
sabbatical leaves for up to 1 academic year for selected master
teachers who aid in professional development.
(h) Any other purpose authorized in the appropriation for
professional development in the state school aid act of 1979.
(2) In order to receive professional development funding
described in subsection (1), each school district and intermediate
school district shall prepare and submit to the state board for
approval an annual professional development plan.
(3) The state board may disapprove for state funding proposed
professional development that the state board finds to be 1 or more
of the following:
(a) Not in furtherance of core academic curriculum needs.
(b) Not constituting serious, informed innovation.
(c) Of generally inferior overall quality or depth regardless
of who sponsors or conducts the education or training.
(d) Not in compliance with the requirements of section 1526.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5710(request no.
05076'09) of the 95th Legislature is enacted into law.