SB-0622, As Passed House, April 26, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 622

A bill to amend 1996 PA 160, entitled

"Postsecondary enrollment options act,"

by amending section 3 (MCL 388.513), as amended by 2005 PA 180.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 3. (1) As used in this act:

(a) "Community college" means a community college established

under the community college act of 1966, 1966 PA 331, MCL 389.1 to

389.195, or under part 25 of the revised school code, 1976 PA 451,

MCL 380.1601 to 380.1607, or a federal tribally controlled

community college located in this state that is recognized under

the tribally controlled ~~community college~~ colleges and universities

assistance act of 1978, 25 USC 1801 to 1852, and is determined by

the department to meet the requirements for accreditation by a

recognized regional accrediting body.

(b) "Department" means the department of education.

fees, material fees, and registration fees required by an eligible

institution for enrollment in an eligible course. Eligible charges

also include any late fees charged by an eligible postsecondary

institution due to the school district's or department of

treasury's failure to make a required payment according to the

timetable prescribed under this act. Eligible charges do not

include transportation or parking costs or activity fees.

(d) "Eligible course" means a course offered by an eligible

postsecondary institution that is offered for postsecondary credit;

that is not offered by the school district or state approved

nonpublic school in which the eligible student is enrolled, or that

is offered by the school district or state approved nonpublic

school but is determined by ~~the board of the school district~~ its

governing board to not be available to the eligible student because

of a scheduling conflict beyond the eligible student's control;

that is an academic course not ordinarily taken as an activity

course; that is a course that the postsecondary institution

normally applies toward satisfaction of degree requirements; that

is not a hobby craft or recreational course; and that is in a

subject area other than physical education, theology, divinity, or

religious education. ~~However, until the 2006-2007 school year, for~~

~~an eligible student who has not achieved state endorsement in all~~

~~subject areas under section 1279 of the revised school code, 1976~~

~~PA 451, MCL 380.1279, an eligible course is limited to a course in~~

~~a subject area for which he or she has achieved state endorsement,~~

~~a course in computer science or foreign language not offered by the~~

~~school district, or a course in fine arts as permitted by the~~

~~school district. Beginning with eligibility to participate under~~

~~this act during the 2006-2007 school year, for~~ However, for an

eligible student who has not achieved a qualifying score in each

subject area on a readiness assessment or the Michigan merit

examination, as applicable for the student, an eligible course is

limited to a course in a subject area for which he or she has

achieved a qualifying score, a course in computer science or

foreign language not offered by the school district, or a course in

fine arts as permitted by the school district. For each individual

eligible student, unless there is a written agreement between the

eligible student's school district and the eligible postsecondary

institution to waive these limits, a course described in this

subdivision is not an eligible course if the eligible student's

enrollment in, and the payment of eligible charges under this act

for, the course would exceed the following limits:

(i) Not more than 10 courses overall. This limit and the limits

under subparagraphs (ii) to (iv) do not apply to a course if the

eligible student does not receive tuition and fee support under

this act for that course.

(ii) If the eligible student first enrolls in a course under

this act when the eligible student is in grade 9, not more than 2

courses during each academic year in the eligible student's first,

second, or third academic year of enrollment under this act in an

eligible postsecondary institution and not more than 4 courses

during the academic year in the eligible student's fourth academic

year of enrollment under this act in an eligible postsecondary

institution.

(iii) If the eligible student first enrolls in a course under

this act when the eligible student is in grade 10, not more than 2

courses during the academic year in the eligible student's first

academic year of enrollment under this act in an eligible

postsecondary institution, not more than 4 courses during the

academic year in the eligible student's second academic year of

enrollment under this act in an eligible postsecondary institution,

and not more than 4 courses during the academic year in the

eligible student's third academic year of enrollment under this act

in an eligible postsecondary institution.

(iv) Subject to the overall course limit under subparagraph

(i), if the eligible student first enrolls in a course under this

act when the eligible student is in grade 11 or 12, not more than 6

courses during either of those academic years of enrollment in an

eligible postsecondary institution.

(e) "Eligible postsecondary institution" means a state

university, community college, or independent nonprofit degree-

granting college or university that is located in this state and

that chooses to comply with this act.

(f) "Eligible student" means, except as otherwise provided in

this subdivision, a student enrolled in at least 1 high school

class in ~~at least grade 11 in~~ a school district or state approved

nonpublic school in this state, except a foreign exchange pupil

enrolled ~~in a school district~~ under a cultural exchange program or

a student who does not have at least 1 parent or legal guardian who

is a resident of this state. ~~Until the 2006-2007 school year, to be~~

~~an eligible student a student must have achieved state endorsement~~

~~in all subject areas under section 1279 of the revised school code,~~

~~1976 PA 451, MCL 380.1279, and,~~ However, subject to subsection (2),

the student shall not have been enrolled in high school for more

than 4 school years including the school year in which the student

seeks to enroll in an eligible course under this act. ~~However, if~~

~~the student has not achieved state endorsement in all subject areas~~

~~under that section, the student is an eligible student only for the~~

~~limited purpose of enrolling in 1 or more eligible courses under~~

~~this act in a subject area for which he or she has achieved state~~

~~endorsement, in computer science or foreign language not offered by~~

~~the school district, or in fine arts as permitted by the school~~

~~district. Beginning with eligibility to participate under this act~~

~~during the 2006-2007 school year, to~~ To be an eligible student, a

student who has not taken the Michigan merit examination must have

achieved a qualifying score in all subject areas on a readiness

assessment and a student who has taken the Michigan merit

examination must have achieved a qualifying score in all subject

areas on the Michigan merit examination, and, subject to subsection

(2), the student shall not have been enrolled in high school for

more than 4 school years including the school year in which the

student seeks to enroll in an eligible course under this act.

However, if the student has not achieved a qualifying score in all

subject areas on a readiness assessment or the Michigan merit

examination, as applicable for the student, the student is an

eligible student only for the limited purpose of enrolling in 1 or

more eligible courses under this act in a subject area for which he

or she has achieved a qualifying score, in computer science or

foreign language not offered by the school district, or in fine

arts as permitted by the school district. For the purposes of

determining the number of years a pupil has been enrolled in high

school, a pupil who is enrolled in high school for less than 90

days of a school year due to illness or other circumstances beyond

the control of the pupil or the pupil's parent or guardian is not

considered to be enrolled in high school for that school year.

(g) "Intermediate school district" means that term as defined

in section 4 of the revised school code, 1976 PA 451, MCL 380.4.

(h) "Michigan merit examination" means that examination

developed under section 1279g of the revised school code, 1976 PA

451, MCL 380.1279g.

(i) "Qualifying score" means a score on a readiness assessment

or the Michigan merit examination that has been determined by the

superintendent of public instruction to indicate readiness to

enroll in a postsecondary course in that subject area under this

act.

(j) "Readiness assessment" means assessment instruments that

are aligned with state learning standards; that are used nationally

to provide high school students with an early indication of college

readiness proficiency in English, mathematics, reading, social

studies, and science and may contain a comprehensive career

planning program; and that are approved by the superintendent of

public instruction for the purposes of this act.

(k) "School district" means that term as defined in section 6

of the revised school code, 1976 PA 451, MCL 380.6, ~~a local act~~

~~school district as defined in section 5 of the revised school code,~~

~~1976 PA 451, MCL 380.5,~~ or a public school academy as defined in

section 5 of the revised school code, 1976 PA 451, MCL 380.5.

(l) "State approved nonpublic school" means that term as

defined in section 6 of the revised school code, 1976 PA 451, MCL

380.6.

(m) (l) "State university" means a state institution of higher

education described in section 4, 5, or 6 of article VIII of the

state constitution of 1963.

(2) The superintendent of public instruction shall promulgate

rules establishing criteria and procedures under which a student

who has been enrolled in high school for more than 4 years but not

more than 5 years may be considered to be an eligible student. The

rules shall address special circumstances under which a student may

qualify to be considered an eligible student under this subsection

and may limit the number of courses in which a student who

qualifies under this subsection may enroll. For the purposes of

determining the number of years a pupil has been enrolled in high

school, a pupil who is enrolled in high school for less than 90

days of a school year due to illness or other circumstances beyond

the control of the pupil or the pupil's parent or guardian is not

considered to be enrolled for that school year.

Enacting section 1. This amendatory act takes effect July 1,

2012.

Enacting section 2. This amendatory act does not take effect