March 16, 2010, Introduced by Senators JELINEK and ALLEN and referred to the Committee on Reforms and Restructuring.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 627, 1321, 1322, 1323, 1324, 1325, 1332, and
1333 (MCL 380.627, 380.1321, 380.1322, 380.1323, 380.1324,
380.1325, 380.1332, and 380.1333), section 627 as amended by 1995
PA 289, section 1321 as amended by 2008 PA 1, section 1323 as added
by 1986 PA 151, section 1324 as amended by 1994 PA 416, section
1325 as added by 1992 PA 140, and section 1333 as amended by 1989
PA 159, and by adding section 1320.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 627. (1) An intermediate school board shall do all of the
following:
(a) Upon request of the board of a constituent district,
furnish services on a management, consultant, or supervisory basis
to the district. The intermediate school board may charge a
constituent district for the costs of services furnished under this
subdivision.
(b) Upon request of the board of a constituent district,
direct, supervise, and conduct cooperative educational programs on
behalf of the district. The intermediate school board may utilize
available funds not otherwise obligated by law and accept
contributions from other sources for the purpose of financing the
programs. The funds shall be deposited with the treasurer in a
cooperative education fund and shall be disbursed as the
intermediate school board directs. The intermediate school board
may employ personnel and take other action necessary to direct,
supervise, and conduct cooperative educational programs.
(c) Conduct cooperative programs mutually agreed upon by 2 or
more intermediate school boards.
(d) Conduct cooperative programs mutually agreed upon with 1
or more public school academies.
(2) An intermediate school board may conduct or participate in
cooperative programs for information technology systems which may
include, but are not limited to, equipment for storage, retrieval,
processing, and transmission of voice, data, or video
communications; contract with public schools or other educational
institutions, government agencies, public broadcasting stations or
systems, or information technology service providers in conducting
the programs; and acquire and install the equipment, software, and
training necessary for the programs in the manner and at the places
the intermediate school board considers appropriate.
(3) Upon request of the board of a constituent school district
or public school academy located within the intermediate school
district, an intermediate school board may provide, either solely
or as part of a consortium of intermediate school districts,
comprehensive school improvement support services to the district
or public school academy. These services may include, but are not
limited to, all of the following:
(a) The development of a core curriculum.
(b) The evaluation of a core curriculum.
(c) The preparation of 1 or more school improvement plans.
(d) The dissemination of information concerning 1 or more
school improvement plans.
(e) The preparation of an annual educational report.
(f) Professional development.
(g) Educational research.
(h) The compilation of instructional objectives, instructional
resources, pupil demographics, and pupil academic achievement.
(i) Assistance in obtaining school accreditation.
(j) The provision of general technical assistance.
(4) To the extent allowed by law, if the most cost-effective
business services are not available to constituent districts, an
intermediate school board shall offer to provide for constituent
districts and public school academies located within the
intermediate school district business services that can be
accomplished more cost-effectively by an intermediate school
district. An intermediate school district may charge a fee for
these services, and may contract with a third party for provision
of
some or all of these services. These Subject to subsection (5)
and section 1320, these services may include, but are not limited
to, any of the following:
(a) Data processing.
(b) Payroll.
(c) Class scheduling.
(d) Distance learning coordination and delivery.
(e) Transportation services.
(5) Beginning July 1, 2010, an intermediate school district
shall provide transportation services for constituent districts and
public school academies located within the intermediate school
district in accordance with section 1320.
Sec. 1320. (1) Beginning July 1, 2010, an intermediate school
district shall provide transportation services on behalf of its
constituent districts, or public school academies located within
the intermediate school district, that choose to provide
transportation for pupils. An intermediate school district may
charge a fee to a constituent district or public school academy for
providing transportation services, not to exceed the actual cost to
the intermediate school district.
(2) An intermediate school district may contract or enter into
an agreement with any person or entity, including, but not limited
to, another governmental entity, an authority, or a private entity,
to provide the transportation services under subsection (1), or may
have these services provided on an employment basis by a group of
its employees after obtaining competitive bids under subsection
(3). The intermediate school district shall not enter into or renew
a contract or a collective bargaining agreement with a provider for
providing these services without first obtaining competitive bids
under subsection (3).
(3) Before entering into or renewing a contract, agreement, or
collective bargaining agreement described in subsection (2), an
intermediate school board shall obtain competitive bids on the
provision of the transportation services. Not later than May 1,
2010, the superintendent of public instruction shall develop and
make available to intermediate school districts a model competitive
bidding process that may be used for the purposes of this
subsection. This model process may be based on the process
prescribed for competitive bidding of construction contracts under
section 1267. This model process and the competitive bidding
process adopted by an intermediate school district shall require
that competing bids will be posted, with a link on the homepage, on
the intermediate school district's website.
(4) Subsection (3) does not apply to contracts of less than
$20,000.00. The maximum amount specified in this subsection shall
be adjusted each year by multiplying the amount for the immediately
preceding year by the percentage by which the average consumer
price index for all items for the 12 months ending August 31 of the
year in which the adjustment is made differs from that index's
average for the 12 months ending on August 31 of the immediately
preceding year and adding that product to the maximum amount that
applied in the immediately preceding year, rounding to the nearest
whole dollar.
Sec. 1321. (1) Subject to the balance of this section, the
board of a school district providing transportation for its
resident pupils, other than students with a disability transported
under article 3 or other pupils who cannot safely walk to school,
shall provide transportation for each resident public or nonpublic
school pupil if all of the following requirements are met:
(a) The school district provides transportation for the
elementary school level, middle or junior high school level, or
high school level, as defined by the local school board, in which
the pupil is enrolled.
(b) The pupil is a person for whom the school district is
eligible to receive state school aid for transportation.
(c) The pupil is attending either the public or the nearest
state approved nonpublic school in the school district to which the
pupil is eligible to be admitted.
(2) Transportation provided under subsection (1) shall be
without charge to the resident pupil, the parent, guardian, or
person standing in loco parentis to the pupil.
(3) A school district is not required to transport or pay for
transportation of a resident pupil living within 1-1/2 miles, by
the nearest traveled route, to the public or state approved
nonpublic school in which the pupil is enrolled. A school district
is not required to transport or pay for the transportation of a
resident pupil attending a nonpublic school who lives in an area
less than 1-1/2 miles from a public school in which public school
pupils are not transported, except that the school district is
required to transport or pay for the transportation of the resident
pupil from the public school within the area to the nonpublic
school the pupil attends.
(4) A school district is not required to transport or pay for
the transportation of resident pupils to state approved nonpublic
schools located outside the district unless the school district
transports some of its resident pupils, other than students with a
disability under article 3, to public schools located outside the
district, in which case the school district shall transport or pay
for the transportation of resident pupils attending a state
approved nonpublic school at least to the distance of the public
schools located outside the district to which the district
transports resident pupils and in the same general direction.
(5) Beginning July 1, 2010, a school district shall not
directly provide transportation services for pupils but may provide
these services through its intermediate school district as provided
under section 1320.
Sec.
1322. (1) A Subject to
section 1320, a school district
that provides transportation for pupils shall transport a pupil
attending public school or the nearest state approved nonpublic
school available, to which nonpublic school the pupil may be
admitted,
shall be transported along the regular routes as
determined by the board of the school district to public and state
approved nonpublic schools. Transportation to public and the
nearest state approved nonpublic school located within or outside
the district to which nonpublic school the pupil is eligible to be
admitted shall be provided under the rules promulgated by the state
board. Rules shall not require the transportation or payment for
transportation for nonpublic school pupils on days when public
school pupils are not transported.
(2) This section shall not be construed to require or permit
transportation of pupils to a state approved nonpublic school
attending in the elementary grades when transportation is furnished
by the school district for secondary pupils only, nor to require or
permit the transportation of pupils to a state approved nonpublic
school attending the secondary grades when transportation is
furnished by the district for elementary pupils only.
(3) Vehicles used for the transportation of pupils shall be
adequate and of ample capacity.
Sec.
1323. (1) Except Subject
to section 1320, except as
otherwise provided in this section, the board of a school district
that provides auxiliary services to pupils pursuant to section 1296
shall provide transportation from the nonpublic school to and from
the site where the auxiliary services are provided to resident and
nonresident nonpublic school pupils receiving those services, to
the extent the reasonable costs of the transportation of nonspecial
education
pupils are paid for by the state.
, except for pupils
whose
transportation costs are being reimbursed under section 71 of
the
state school aid act of 1979, Act No. 94 of the Public Acts of
1979,
being section 388.1671 of the Michigan Compiled Laws.
(2) The board of a school district that does not provide
transportation for public school pupils, other than special
education pupils, is not required to transport nonpublic school
pupils to and from auxiliary service sites for nonspecial education
auxiliary services.
(3) The requirements of subsection (1) do not apply if the
superintendent of public instruction determines that a school
district is in substantial compliance with section 1296 without the
provision of transportation between the nonpublic school and the
site where the auxiliary services are provided.
Sec.
1324. The Subject to
section 1320, the board of a school
district or board of directors of a public school academy may enter
into a contract with the board of another school district or board
of directors of a public school academy or with private persons to
furnish transportation for nonresident pupils attending public and
state approved nonpublic schools located within the school district
or in other school districts. The price paid for the transportation
shall not be less than the actual cost of the transportation to the
school district or public school academy furnishing transportation.
Sec.
1325. (1) A Subject to
section 1320, a school district,
intermediate school district, or consortium consisting of any
combination of local or intermediate districts may contract with
the board of another district to provide transportation for the
pupils of the other district either within or outside the other
district.
(2) For purposes of providing the transportation, and subject
to the requirements of this act for school buildings, supplies, and
vehicles, a local or intermediate district or consortium that
enters into a contract with another district to provide
transportation as described in subsection (1) may do 1 or more of
the following:
(a) Acquire 1 or more sites, acquire or construct 1 or more
buildings, or improve or enlarge 1 or more existing buildings.
(b) Furnish, equip, operate, and maintain 1 or more buildings.
(c) Acquire school buses, other school vehicles, and related
supplies.
Sec.
1332. (1) The Subject to
section 1320, the board of a
school district may collect a fee for transporting pupils enrolled
in grades K to 12 to or from nonmandatory and noncredit events
sponsored by the school district. Fees charged shall cover expenses
for the trips involved, under rules promulgated by the state board.
(2) A board of education shall not purchase additional school
buses for the sole purpose of implementing this section.
(3) Insurance to indemnify the school district, its officers,
or employees against liability for damages arising out of the use
of school buses shall be obtained before fees or fares are charged.
Sec.
1333. (1) Pursuant Subject
to section 1320, pursuant to
an agreement made under subsection (4), the board of a school
district may permit the use of a school bus, which is not otherwise
being used for school purposes, by an organization or group for
purposes of transporting senior citizens or retired or disabled
persons, or by a nonprofit organization for purposes of
transporting its members, to or from an activity, event, or outing,
if the board determines that suitable or economically feasible
public or private transportation is not available for this purpose.
Mileage, insurance, and other costs may be paid by the group or
organization or may be waived by the board of the school district.
(2) The board of a school district may permit the use of a
school bus for the purposes of transporting persons other than
pupils to school-sponsored events. The board may collect a fee for
transporting persons other than pupils to or from school-sponsored
events to cover expenses for the trips involved. Insurance to
indemnify the school district, its officers, or employees against
liability for damages arising out of the use of school buses shall
be obtained before persons other than pupils are transported and
fees charged. The pupils of the district should be given first
priority for any transportation furnished by the board.
(3) The board of a school district shall not purchase
additional school buses for the sole purpose of implementing this
section.
(4) A local unit of government, including a city, county,
village, or township, may enter into an agreement with a board of a
school district within its area for the use of school buses to
transport senior citizens or retired or disabled persons or members
of a nonprofit organization, subject to the same terms and
conditions provided in subsection (1).
(5) As used in this section, "nonprofit organization" means
any 1 of the following:
(a) A corporation 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.
(b) A corporation to which the nonprofit corporation act
applies
as provided in sections 121 and 123 of Act No. 162 of the
Public
Acts of 1982, being sections 450.2121 and 450.2123 of the
Michigan
Compiled Laws the nonprofit
corporation act, 1982 PA 162,
MCL 450.2121 and 450.2123.
(c) A group, society, organization, or association organized
to carry out any lawful purpose not involving pecuniary profit or
gain for its officers, trustees, or members.
(6) The state board shall promulgate rules to implement this
section.