February 17, 2010, Introduced by Rep. McMillin and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 501, 502, and 504 (MCL 380.501, 380.502, and
380.504), section 501 as amended by 2003 PA 179, section 502 as
amended by 1995 PA 289, and section 504 as amended by 2008 PA 1.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 501. (1) A public school academy is a public school under
section 2 of article VIII of the state constitution of 1963, is a
school district for the purposes of section 11 of article IX of the
state constitution of 1963 and for the purposes of section 1225 and
section 1351a, and is subject to the leadership and general
supervision of the state board over all public education under
section 3 of article VIII of the state constitution of 1963. A
public school academy is a body corporate and is a governmental
agency. The powers granted to a public school academy under this
part constitute the performance of essential public purposes and
governmental functions of this state.
(2) As used in this part:
(a) "Authorizing body" means any of the following that issues
a contract as provided in this part:
(i) The board of a school district that operates grades K to
12.
(ii) An intermediate school board.
(iii) The board of a community college.
(iv) The governing board of a state public university.
(v) The legislative body of a municipality.
(b) "Certificated teacher" means an individual who holds a
valid teaching certificate issued by the superintendent of public
instruction under section 1531.
(c) "Community college" means a community college organized
under the community college act of 1966, 1966 PA 331, MCL 389.1 to
389.195, or a federal tribally controlled community college that is
recognized under the tribally controlled community college
assistance act of 1978, Public Law 95-471, 92 Stat. 1325, and is
determined by the department to meet the requirements for
accreditation by a recognized regional accrediting body.
(d) "Contract" means the executive act taken by an authorizing
body that evidences the authorization of a public school academy
and that establishes, subject to the constitutional powers of the
state board and applicable law, the written instrument executed by
an authorizing body conferring certain rights, franchises,
privileges, and obligations on a public school academy, as provided
by this part, and confirming the status of a public school academy
as a public school in this state.
(e) "Entity" means a partnership, nonprofit or business
corporation, labor organization, or any other association,
corporation, trust, or other legal entity.
(f) "Municipality" means a city, village, or township.
(g)
(f) "State public university" means a state
university
described in section 4, 5, or 6 of article VIII of the state
constitution of 1963.
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.
(e) The legislative body of a municipality. However, a public
school academy authorized by the legislative body of a municipality
may only be located within the boundaries of the municipality and
within the boundaries of a school district in which, as of the date
the contract is issued, the percentage of all pupils enrolled in
the school district who took the most recent Michigan education
assessment program (MEAP) assessments or Michigan merit
examination, as applicable, for which results are available in
mathematics or English language arts and who scored at least
"proficient" was less than 60% in either mathematics or English
language arts, or both. The legislative body of a municipality
shall not issue a contract for a public school academy to operate
outside the boundaries of the municipality or outside the
boundaries of a school district described in this subdivision, and
a public school academy authorized by the legislative body of a
municipality shall not operate outside the boundaries of that
municipality or outside the boundaries of a school district
described in 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 the Michigan
merit examination.
(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. 504. (1) A public school academy may be located in all or
part of an existing public school building. A public school academy
shall not operate at a site other than the single site requested
for the configuration of grades that will use the site, as
specified in the application required under section 502 and in the
contract.
(2) A public school academy shall not charge tuition and shall
not discriminate in its pupil admissions policies or practices on
the basis of intellectual or athletic ability, measures of
achievement or aptitude, status as a student with a disability, or
any other basis that would be illegal if used by a school district.
However, a public school academy may limit admission to pupils who
are within a particular range of age or grade level or on any other
basis that would be legal if used by a school district.
(3) Except for a foreign exchange student who is not a United
States citizen, a public school academy shall not enroll a pupil
who
is not a resident of this state. Enrollment For a public school
academy authorized by an authorizing body described in section
502(2)(a) to (c), enrollment in the public school academy may be
open to all individuals who reside in this state who meet the
admission policy and shall be open to all pupils who reside within
the geographic boundaries, if any, of the authorizing body as
described in section 502(2)(a) to (c) who meet the admission
policy, except that admission to a public school academy authorized
by the board of a community college to operate, or operated by the
board of a community college, on the grounds of a federal military
installation, as described in section 502(2)(c), shall be open to
all pupils who reside in the county in which the federal military
installation is located. For a public school academy authorized by
a state public university, enrollment shall be open to all pupils
who reside in this state who meet the admission policy. For a
public school academy authorized by the legislative body of a
municipality, enrollment in the public school academy may be open
to all individuals who reside in this state who meet the admission
policy and shall be open to all pupils who reside within the
geographic boundaries of that municipality and of the school
district in which the public school academy is located who meet the
admission policy. If there are more applications to enroll in the
public school academy than there are spaces available, pupils shall
be selected to attend using a random selection process. However, a
public school academy may give enrollment priority to a sibling of
a pupil enrolled in the public school academy. A public school
academy shall allow any pupil who was enrolled in the public school
academy in the immediately preceding school year to enroll in the
public school academy in the appropriate grade unless the
appropriate grade is not offered at that public school academy.
(4) A public school academy may include any grade up to grade
12 or any configuration of those grades, including kindergarten and
early childhood education, as specified in its contract. If
specified in its contract, a public school academy may also operate
an adult basic education program, adult high school completion
program, or general education development testing preparation
program. The authorizing body may approve amendment of a contract
with respect to ages of pupils or grades offered.