SB-0691, As Passed Senate, December 14, 2011

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 691

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1979 PA 94, entitled

 

"The state school aid act of 1979,"

 

by amending section 25 (MCL 388.1625), as amended by 2005 PA 155.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 25. (1) If a pupil is enrolled in an alternative

 

education program operated by an intermediate district or district

 

for the purpose of educating pupils who have been expelled from

 

school or referred from the court, or is enrolled in a strict

 

discipline academy for pupils who have been expelled or suspended

 

from school as described in section 1311g of the revised school

 

code, MCL 380.1311g, and if the pupil is counted in membership in

 

another intermediate district or district, the intermediate

 

district or district operating the alternative education program or

 

the strict discipline academy shall report the enrollment

 


information to the department and to the district in which the

 

pupil is counted in membership, and the intermediate district or

 

district in which the pupil is counted in membership shall pay to

 

the intermediate district or district operating the alternative

 

education program or to the strict discipline academy an amount

 

equal to the amount of the foundation allowance or per pupil

 

payment as calculated under section 20 for the intermediate

 

district or district in which the pupil is counted in membership,

 

prorated according to the number of days of the school year ending

 

in the fiscal year the pupil is educated in the alternative

 

education program or strict discipline academy compared to the

 

number of days of the school year ending in the fiscal year the

 

pupil was actually enrolled in the intermediate district or

 

district in which the pupil is counted in membership. The

 

foundation allowance or per pupil payment shall be adjusted by the

 

pupil's full-time equated status as affected by the membership

 

definition under section 6(4). If a an intermediate district or

 

district does not make the payment required under this section

 

within 30 days after receipt of the report, the department shall

 

calculate the amount owed, shall deduct that amount from the

 

remaining state school aid payments to the intermediate district or

 

district for that fiscal year under this act, and shall pay that

 

amount to the intermediate district or district operating the

 

alternative education program. or to the strict discipline academy.

 

The intermediate district or district in which the pupil is counted

 

in membership and the intermediate district or district operating

 

the alternative education program or strict discipline academy

 


shall provide to the department all information the department

 

requires to enforce this section.

 

     (2) If a pupil is enrolled in a strict discipline academy for

 

pupils who have been expelled or suspended from school or otherwise

 

placed in a strict discipline academy as described in section 1311g

 

of the revised school code, MCL 380.1311g, and if the pupil is

 

counted in membership in another district or intermediate district,

 

the strict discipline academy shall report the enrollment

 

information to the department and to the district or intermediate

 

district in which the pupil is counted in membership. Upon receipt

 

of enrollment information under this subsection indicating that a

 

pupil has enrolled in a strict discipline academy as described in

 

this subsection, the department shall do both of the following:

 

     (a) Adjust the membership calculation for the district or

 

intermediate district in which the pupil was counted in membership

 

so that the district's or intermediate district's membership is

 

prorated to allow the district or intermediate district to receive

 

for each school day in which the pupil was enrolled in the district

 

an amount equal to 1/180 of the foundation allowance or per-pupil

 

payment as calculated under section 20 for the district or

 

intermediate district. The foundation allowance or per-pupil

 

payment shall be adjusted by the pupil's full-time equated status

 

as affected by the membership definition under section 6(4).

 

     (b) Include in the calculation of state school aid for the

 

strict discipline academy for each school day in which the pupil is

 

enrolled in the strict discipline academy, not to exceed a number

 

of school days equal to the difference between 180 and the number

 


of school days in which the pupil was reported under this section

 

as previously enrolled in 1 or more other districts or intermediate

 

districts, an amount equal to 1/180 of the per-pupil payment as

 

calculated under section 20 for the strict discipline academy. The

 

per-pupil payment shall be adjusted by the pupil's full-time

 

equated status as affected by the membership definition under

 

section 6(4).

 

     (3) The changes in calculation of state school aid required

 

under subsection (2) shall take effect as of the date that the

 

pupil enrolls in the strict discipline academy, and the department

 

shall base all subsequent payments under this act for the fiscal

 

year to the affected districts or intermediate districts and for

 

the strict discipline academy, as applicable, on this recalculation

 

of state school aid.

 

     (4) If a pupil enrolls in a strict discipline academy as

 

described in subsection (2), if adjustments are made in

 

calculations pursuant to subsection (2) due to that enrollment, and

 

if the pupil subsequently ceases to be enrolled in the strict

 

discipline academy, the strict discipline academy shall notify the

 

department of the last date of the pupil's enrollment in the strict

 

discipline academy and the number of days the pupil was enrolled in

 

the strict discipline academy.

 

     (5) If a pupil enrolls in a strict discipline academy as

 

described in subsection (2), the district or intermediate district

 

in which the pupil is counted in membership and the strict

 

discipline academy shall provide to the department all information

 

the department requires to comply with this section.

 


     (6) The changes in the requirements under this section that

 

are contained in subsections (2) to (5) apply beginning with

 

payments made for the 2011-2012 fiscal year.