SB-0174, As Passed Senate, April 27, 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 174

 

 

 

 

 

 

 

 

 

 

 

     A bill to make appropriations for the department of education

 

and certain other purposes relating to education for the fiscal

 

year ending September 30, 2012; to provide for the expenditure of

 

the appropriations; to provide anticipated appropriations for the

 

fiscal year ending September 30, 2013; and to provide for the

 

disposition of fees and other income received by the state agency.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

FOR FISCAL YEAR 2011-2012

 

     Sec. 101. There is appropriated for the department of

 

education and certain state purposes related to education as set

 

forth in this act for the fiscal year ending September 30, 2012,


 

from the following funds:

 

DEPARTMENT OF EDUCATION

 

APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 562.0

 

GROSS APPROPRIATION.................................... $    113,793,300

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $    113,793,300

 

   Federal revenues:

 

IMLS, library services and technology act..............         5,562,100

 

Federal revenues.......................................        68,186,100

 

Federal indirect funds.................................         4,181,000

 

Total federal revenues.................................        77,929,200

 

   Special revenue funds:

 

Local cost sharing (schools for deaf/blind)............         6,835,000

 

Local school district service fees.....................           324,200

 

Total local revenues...................................         7,159,200

 

Gifts, bequests, and donations.........................           760,800

 

Private foundations....................................         2,283,600

 

Total private revenues.................................         3,044,400

 

Total local and private revenues.......................        10,203,600

 

Certification fees.....................................         6,065,200

 

Commodity distribution fees............................            71,700

 

Student insurance revenue..............................           218,600

 

Teacher college review fees............................            55,300


 

Teacher testing fees...................................           344,500

 

Tenant rent............................................           261,000

 

Training and orientation workshop fees.................           150,000

 

Total other state restricted revenues..................         7,166,300

 

State general fund/general purpose..................... $     18,494,200

 

   Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE

 

SUPERINTENDENT

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........... 14.0

 

State board of education, per diem payments............ $         24,400

 

Unclassified positions--6.0 FTE positions..............           645,600

 

State board/superintendent operations--14.0 FTE

 

   positions............................................         1,943,800

 

GROSS APPROPRIATION.................................... $      2,613,800

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................           114,400

 

   Special revenue funds:

 

Private foundations....................................            28,100

 

Certification fees.....................................           627,000

 

State general fund/general purpose..................... $      1,844,300

 

   Sec. 103. CENTRAL SUPPORT

 

   Full-time equated classified positions........... 21.6

 

Central support--21.6 FTE positions.................... $      3,070,600

 

Worker's compensation..................................            54,000

 

Building occupancy charges - property management

 

   services.............................................         2,628,200


 

Tenant rent............................................           261,000

 

Training and orientation workshops.....................           150,000

 

Terminal leave payments................................           554,700

 

GROSS APPROPRIATION.................................... $      6,718,500

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         1,441,700

 

Federal indirect funds.................................         2,294,700

 

   Special revenue funds:

 

Certification fees.....................................           413,800

 

Teacher testing fees...................................            13,500

 

Tenant rent............................................           261,000

 

Training and orientation workshop fees.................           150,000

 

State general fund/general purpose..................... $      2,143,800

 

   Sec. 104. INFORMATION TECHNOLOGY SERVICES

 

Information technology operations...................... $       3,142,300

 

GROSS APPROPRIATION.................................... $      3,142,300

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................           494,600

 

Federal indirect funds.................................         1,455,300

 

   Special revenue funds:

 

Local cost sharing (schools for deaf/blind)............            76,500

 

Certification fees.....................................           313,000

 

State general fund/general purpose..................... $        802,900

 

   Sec. 105. SPECIAL EDUCATION SERVICES

 

   Full-time equated classified positions........... 47.0


 

Special education operations--47.0 FTE positions....... $       7,909,900

 

GROSS APPROPRIATION.................................... $      7,909,900

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         7,463,200

 

   Special revenue funds:

 

Private foundations....................................           110,100

 

Certification fees.....................................            39,500

 

State general fund/general purpose..................... $        297,100

 

   Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

 

   Full-time equated classified positions.......... 109.0

 

Michigan schools for the deaf and blind

 

   operations--108.0 FTE positions...................... $     13,632,000

 

Camp Tuhsmeheta--1.0 FTE position......................           295,100

 

Private gifts - blind..................................           200,000

 

Private gifts - deaf...................................           250,000

 

GROSS APPROPRIATION.................................... $     14,377,100

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         6,326,700

 

   Special revenue funds:

 

Local cost sharing (schools for deaf/blind)............         6,758,500

 

Local school district service fees.....................           312,500

 

Gifts, bequests, and donations.........................           760,800

 

Student insurance revenue..............................           218,600

 

State general fund/general purpose..................... $              0

 

   Sec. 107. PROFESSIONAL PREPARATION SERVICES


 

   Full-time equated classified positions........... 34.0

 

Professional preparation operations--34.0 FTE

 

   positions............................................ $      5,674,100

 

Department of attorney general.........................            50,000

 

GROSS APPROPRIATION.................................... $      5,724,100

 

   Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         1,386,700

 

   Special revenue funds:

 

Certification fees.....................................         3,564,900

 

Teacher testing fees...................................           331,000

 

Teacher college review fees............................            55,300

 

State general fund/general purpose..................... $        386,200

 

   Sec. 108. EARLY CHILDHOOD EDUCATION AND FAMILY

 

SERVICES

 

   Full-time equated classified positions........... 26.0

 

Early childhood education and family services

 

   operations--26.0 FTE positions....................... $       4,195,700

 

GROSS APPROPRIATION.................................... $      4,195,700

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         3,388,300

 

   Special revenue funds:

 

Certification fees.....................................            59,100

 

State general fund/general purpose..................... $        748,300

 

   Sec. 109. STATE AID AND SCHOOL FINANCE SERVICES

 

   Full-time equated classified positions............ 7.5


 

State aid and school finance operations--7.5 FTE

 

   positions............................................ $         935,400

 

GROSS APPROPRIATION.................................... $        935,400

 

    Appropriated from:

 

State general fund/general purpose..................... $        935,400

 

   Sec. 110. AUDIT SERVICES

 

   Full-time equated classified positions............ 3.5

 

Audit operations--3.5 FTE positions.................... $         541,800

 

GROSS APPROPRIATION.................................... $        541,800

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................           431,000

 

   Special revenue funds:

 

Certification fees.....................................            55,200

 

State general fund/general purpose..................... $         55,600

 

   Sec. 111. ADMINISTRATIVE LAW SERVICES

 

   Full-time equated classified positions............ 2.0

 

Administrative law operations--2.0 FTE positions....... $       1,044,800

 

GROSS APPROPRIATION.................................... $      1,044,800

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................           541,700

 

   Special revenue funds:

 

Certification fees.....................................           452,000

 

State general fund/general purpose..................... $         51,100

 

   Sec. 112. EDUCATIONAL ASSESSMENT AND ACCOUNTABILITY

 

   Full-time equated classified positions........... 64.1


 

Educational assessment operations--64.1 FTE positions.. $      11,387,500

 

GROSS APPROPRIATION.................................... $     11,387,500

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         9,704,500

 

State general fund/general purpose..................... $      1,683,000

 

   Sec. 113. GRANTS ADMINISTRATION AND SCHOOL SUPPORT

 

SERVICES

 

   Full-time equated classified positions........... 73.6

 

Grants administration and school support services

 

   operations--67.6 FTE positions....................... $     10,937,400

 

College access challenge grant program--6.0 FTE

 

   positions............................................         4,293,200

 

Federal and private grants.............................         3,000,000

 

GROSS APPROPRIATION.................................... $     18,230,600

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................        16,654,000

 

   Special revenue funds:

 

Local school district service fees.....................            11,700

 

Private foundations....................................         1,000,000

 

Commodity distribution fees............................            71,700

 

State general fund/general purpose..................... $        493,200

 

   Sec. 114. FIELD SERVICES

 

   Full-time equated classified positions........... 44.0

 

Field services operations--44.0 FTE positions.......... $       9,302,700

 

GROSS APPROPRIATION.................................... $      9,302,700


 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         8,537,900

 

   Special revenue funds:

 

Private foundations....................................           572,100

 

Certification fees.....................................            51,600

 

State general fund/general purpose..................... $        141,100

 

   Sec. 115. EDUCATIONAL IMPROVEMENT AND INNOVATION

 

SERVICES

 

   Full-time equated classified positions........... 55.7

 

Educational improvement and innovation

 

   operations--55.7 FTE positions....................... $      10,586,100

 

GROSS APPROPRIATION.................................... $     10,586,100

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         8,688,200

 

   Special revenue funds:

 

Private foundations....................................           573,300

 

Certification fees.....................................           489,100

 

State general fund/general purpose..................... $        835,500

 

   Sec. 116. CAREER AND TECHNICAL EDUCATION

 

   Full-time equated classified positions........... 26.0

 

Career and technical education operations--26.0 FTE

 

   positions............................................ $       4,019,700

 

GROSS APPROPRIATION.................................... $      4,019,700

 

    Appropriated from:

 

   Federal revenues:


 

Federal revenues.......................................         3,444,200

 

State general fund/general purpose..................... $        575,500

 

   Sec. 117. LIBRARY OF MICHIGAN

 

   Full-time equated classified positions........... 34.0

 

Library of Michigan operations--33.0 FTE positions..... $      3,808,500

 

Library services and technology program--1.0 FTE

 

   positions............................................         5,562,100

 

State aid to libraries.................................         3,642,700

 

Book distribution centers..............................            50,000

 

GROSS APPROPRIATION.................................... $     13,063,300

 

    Appropriated from:

 

   Federal revenues:

 

IMLS, library services and technology act..............         5,562,100

 

State general fund/general purpose..................... $      7,501,200

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2011-2012

 

GENERAL SECTIONS

 

     Sec. 201. Pursuant to section 30 of article IX of the state

 

constitution of 1963, total state spending from state resources

 

under part 1 for the fiscal year ending September 30, 2012 is

 

$25,660,500.00 and state spending from state resources to be paid

 

to local units of government for the fiscal year ending September

 

30, 2012 is $3,642,700.00. The itemized statement below identifies

 

appropriations from which spending to local units of government


 

will occur:

 

DEPARTMENT OF EDUCATION

 

State aid to libraries................................. $       3,642,700

 

Total department of education.......................... $      3,642,700

 

     Sec. 202. The appropriations authorized under this act are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this act:

 

     (a) "Department" means the Michigan department of education.

 

     (b) "District" means a local school district as defined in

 

section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a

 

public school academy as defined in section 5 of the revised school

 

code, 1976 PA 451, MCL 380.5.

 

     (c) "FTE" means full-time equated.

 

     (d) "IMLS" means institute of museum and library services.

 

     Sec. 204. The civil service commission shall bill departments

 

and agencies at the end of the first fiscal quarter for the charges

 

authorized by section 5 of article XI of the state constitution of

 

1963. Payments shall be made for the total amount of the billing by

 

the end of the second fiscal quarter.

 

     Sec. 205. The department shall use the Internet to fulfill the

 

reporting requirements of this act. This requirement may include

 

transmission of reports via electronic mail to the recipients

 

identified for each reporting requirement, or it may include

 

placement of reports on an Internet or Intranet site.

 

     Sec. 206. The department shall provide through the Internet

 

the state board of education agenda and all supporting documents,


 

and shall notify the state budget director and the senate and house

 

fiscal agencies that the agenda and supporting documents are

 

available on the Internet, at the time the agenda and supporting

 

documents are provided to state board of education members.

 

     Sec. 208. The department shall require all public school

 

districts to maintain complete records within the personnel file of

 

a teacher or school employee of any disciplinary actions taken by

 

the local school board against the teacher or employee for sexual

 

misconduct. The records shall not be destroyed or removed from the

 

teacher's or employee's personnel file except as required by a

 

court order.

 

     Sec. 209. From the funds appropriated in part 1 for

 

information technology, departments and agencies shall pay user

 

fees to the department of technology, management, and budget for

 

technology-related services and projects. Such user fees shall be

 

subject to provisions of an interagency agreement between the

 

departments and agencies and the department of technology,

 

management, and budget.

 

     Sec. 210. Amounts appropriated in part 1 for information

 

technology may be designated as work projects and carried forward

 

to support technology projects under the direction of the

 

department of technology, management, and budget. Funds designated

 

in this manner are not available for expenditure until approved as

 

work projects under section 451a of the management and budget act,

 

1984 PA 431, MCL 18.1451a.

 

     Sec. 211. Before publishing a list of schools or districts

 

determined to have failed to make adequate yearly progress as


 

required by the no child left behind act of 2001, Public Law 107-

 

110, the department shall allow a school or district to appeal that

 

determination. The department shall consider and act upon the

 

appeal within 30 days after it is submitted and shall not publish

 

the list until after all appeals have been considered and decided.

 

     Sec. 212. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and comparable quality American goods or

 

services, or both, are available. Preference shall be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses if they are competitively priced and of comparable

 

quality. In addition, preference should be given to goods or

 

services, or both, manufactured or provided by Michigan businesses

 

owned and operated by veterans if they are competitively priced and

 

of comparable quality.

 

     Sec. 213. (1) A hiring freeze is imposed on the state

 

classified civil service. State departments and agencies are

 

prohibited from hiring any new full-time state classified civil

 

service employees and prohibited from filling any vacant state

 

classified civil service positions. This hiring freeze does not

 

apply to internal transfers of classified employees from 1 position

 

to another within a department.

 

     (2) The state budget director may grant exceptions to this

 

hiring freeze for the purpose of filling positions necessary to

 

carry out state or federal activities related to race to the top

 

legislation, or when the state budget director believes that the

 

hiring freeze will result in rendering a state department or agency


 

unable to deliver basic services, cause loss of revenue to the

 

state, result in the inability of the state to receive federal

 

funds, or necessitate additional expenditures that exceed any

 

savings from maintaining a vacancy. The state budget director shall

 

report quarterly to the chairpersons of the senate and house of

 

representatives standing committees on appropriations the number of

 

exceptions to the hiring freeze approved during the previous

 

quarter and the reasons to justify the exception.

 

     Sec. 214. (1) Due to the current budgetary problems in this

 

state, out-of-state travel for the fiscal year ending September 30,

 

2012 shall be limited to situations in which 1 or more of the

 

following conditions apply:

 

     (a) The travel is required by legal mandate or court order or

 

for law enforcement purposes.

 

     (b) The travel is necessary to protect the health or safety of

 

Michigan citizens or visitors or to assist other states in similar

 

circumstances.

 

     (c) The travel is necessary to produce budgetary savings or to

 

increase state revenues, including protecting existing federal

 

funds or securing additional federal funds.

 

     (d) The travel is necessary to comply with federal

 

requirements.

 

     (e) The travel is necessary to secure specialized training for

 

staff that is not available within this state.

 

     (f) The travel is financed entirely by federal or nonstate

 

funds.

 

     (2) Not later than January 1 of each year, each department


 

shall prepare a travel report listing all travel by classified and

 

unclassified employees outside this state in the immediately

 

preceding fiscal year that was funded in whole or in part with

 

funds appropriated in the department's budget. The report shall be

 

submitted to the house and senate standing committees on

 

appropriations, the house and senate fiscal agencies, and the state

 

budget director. The report shall include the following

 

information:

 

     (a) The name of each person receiving reimbursement for travel

 

outside this state or whose travel costs were paid by this state.

 

     (b) The destination of each travel occurrence.

 

     (c) The dates of each travel occurrence.

 

     (d) A brief statement of the reason for each travel

 

occurrence.

 

     (e) The transportation and related costs of each travel

 

occurrence, including the proportion funded with state general

 

fund/general purpose revenues, the proportion funded with state

 

restricted revenues, the proportion funded with federal revenues,

 

and the proportion funded with other revenues.

 

     (f) A total of all out-of-state travel funded for the

 

immediately preceding fiscal year.

 

     Sec. 215. The department shall not approve the travel of more

 

than 1 departmental employee to a specific professional development

 

conference or training seminar that is located outside of this

 

state unless the professional development conference or training

 

seminar is funded by a federal or private funding source and

 

requires more than 1 person from a department to attend, or the


 

conference or training seminar includes multiple issues in which 1

 

employee from the department does not have expertise.

 

     Sec. 216. The department shall not take disciplinary action

 

against an employee who communicates truthfully and factually with

 

a member of the legislature or his or her staff.

 

     Sec. 217. The state superintendent of public instruction shall

 

take all reasonable steps to ensure businesses in deprived and

 

depressed communities compete for and perform contracts to provide

 

services or supplies, or both. The director shall strongly

 

encourage firms with which the department contracts to subcontract

 

with certified businesses in depressed and deprived communities for

 

services, supplies, or both.

 

     Sec. 218. The department and agencies receiving appropriations

 

in part 1 shall receive and retain copies of all reports funded

 

from appropriations in part 1. Federal and state guidelines for

 

short-term and long-term retention of records shall be followed.

 

The department may electronically retain copies of reports unless

 

otherwise required by federal and state guidelines.

 

     Sec. 219. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $5,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this act under section 393(2) of the management and budget act,

 

1984 PA 431, MCL 18.1393.

 

     (2) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $700,000.00 for state

 

restricted contingency funds. These funds are not available for


 

expenditure until they have been transferred to another line item

 

in this act under section 393(2) of the management and budget act,

 

1984 PA 431, MCL 18.1393.

 

     (3) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $250,000.00 for local

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in this act

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     (4) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $3,000,000.00 for private

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in this act

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     Sec. 220. The department shall provide data requested by a

 

member of the legislature, his or her staff, or the house and

 

senate fiscal agencies in a timely manner.

 

     Sec. 221. Funds appropriated in part 1 shall not be used by a

 

principal executive department, state agency, or authority to hire

 

a person to provide legal services that are the responsibility of

 

the attorney general. This prohibition does not apply to legal

 

services for bonding activities and for those activities that the

 

attorney general authorizes.

 

     Sec. 222. (1) The department shall report no later than April

 

1, 2012 on each specific policy change made by the department to

 

implement a public act affecting that department that took effect


 

during the preceding calendar year. The department shall report to

 

the house and senate appropriations subcommittees on the budget for

 

the department, the joint committee on administrative rules, and

 

the senate and house fiscal agencies.

 

     (2) Funds appropriated in part 1 shall not be used by the

 

department to adopt a rule that will apply to a small business and

 

that will have a disproportionate economic impact on small

 

businesses because of the size of those businesses if the

 

department fails to reduce the disproportionate economic impact of

 

the rule on small businesses as provided under section 40 of the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.240.

 

     (3) As used in this section:

 

     (a) "Rule" means that term as defined under section 7 of the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.207.

 

     (b) "Small business" means that term as defined under section

 

7a of the administrative procedures act of 1969, 1969 PA 306, MCL

 

24.207a.

 

     Sec. 225. It is the intent of the legislature that not later

 

than 60 days after the state receives audited membership counts

 

from intermediate school districts, the state superintendent of

 

public instruction shall investigate and report to the legislature

 

on the scope of and proposed solutions to pupil membership fraud

 

and the incidence of students counted in membership in a district

 

and not remaining in that district for the balance of the school

 

year.

 

     Sec. 226. Not later than October 15, 2012, the department

 

shall prepare and transmit a report that provides for estimates of


 

the total general fund/general purpose appropriation lapses at the

 

close of the fiscal year. This report shall summarize the projected

 

year-end general fund/general purpose appropriation lapses by major

 

departmental program or program areas. The report shall be

 

transmitted to the office of the state budget, the chairpersons of

 

the senate and house appropriations committees, and the senate and

 

house fiscal agencies.

 

     Sec. 229. The department and the superintendent of public

 

instruction shall use funds appropriated in part 1 to ensure that

 

all of the activities and duties required to be carried out by the

 

department and the superintendent of public instruction under

 

section 1280c of the revised school code, 1976 PA 451, MCL

 

380.1280c, are completed not later than the deadlines prescribed in

 

that section.

 

     Sec. 230. Not later than March 1, 2012, the department shall

 

provide a report to the legislature that includes an estimate of

 

the savings and also details the local and state impacts that would

 

occur if intermediate districts performed the accounting,

 

information technology, and human resources functions of their

 

constituent districts. The report shall include recommendations for

 

consolidation, as well as estimated savings. The department shall

 

convene and lead a workgroup, consisting of education stakeholders,

 

to compile this report.

 

     Sec. 231. Not later than March 1, 2012, the department shall

 

provide a report to the legislature that includes an estimate of

 

the costs or savings and also details the local and state impacts

 

that would occur if the state department of education or the center


 

for educational performance and information performed the

 

accounting, information technology, and human resources functions

 

of districts and intermediate districts. The report shall include

 

recommendations for consolidation, as well as estimated costs or

 

savings, at the state and local levels. The department shall

 

convene and lead a workgroup, consisting of education stakeholders,

 

to compile this report.

 

     Sec. 232. Not later than March 1, 2012, the department shall

 

provide a report to the legislature including an estimate of the

 

fiscal impact and any local or state implications of consolidating

 

all active school employees into a state-operated health savings

 

account plan for employee health care. The department shall use

 

private industry standards and averages as the basis for the health

 

savings accounts that would be provided to school employees under

 

such a plan.

 

 

 

STATE BOARD/OFFICE OF THE SUPERINTENDENT

 

     Sec. 301. (1) The appropriations in part 1 may be used for per

 

diem payments to the state board for meetings at which a quorum is

 

present or for performing official business authorized by the state

 

board. The per diem payments shall be at a rate as follows:

 

     (a) State board of education - president - $110.00 per day.

 

     (b) State board of education - member other than president -

 

$100.00 per day.

 

     (2) A state board of education member shall not be paid a per

 

diem for more than 30 days per year.

 

     (3) The state board executive shall report to the public, the


 

senate and house fiscal agencies, and the state budget director the

 

previous quarter's expenses by fund source for members of the state

 

board of education.

 

     Sec. 302. From the amount appropriated in part 1 to the state

 

board of education, not more than $35,000.00 shall be expended for

 

in-state travel and out-of-state travel directly related to the

 

duties of the state board of education.

 

 

 

MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

 

     Sec. 401. The employees at the Michigan schools for the deaf

 

and blind who work on a school year basis shall be considered

 

annual employees for purposes of service credits, retirement, and

 

insurance benefits.

 

     Sec. 402. For each student enrolled at the Michigan schools

 

for the deaf and blind, the department shall assess the

 

intermediate school district of residence 100% of the cost of

 

operating the student's instructional program. The amount shall

 

exclude room and board related costs and the cost of weekend

 

transportation between the school and the student's home.

 

     Sec. 404. (1) The department may assess rent or lease excess

 

property located on the campus of the Michigan schools for the deaf

 

and blind in Flint to private or publicly funded organizations.

 

     (2) From the amount appropriated in part 1 for tenant rent,

 

the department may receive and expend funds from lease agreements

 

at the Michigan schools for the deaf and blind Flint campus that

 

have been negotiated with the approval of the department of

 

technology, management, and budget. These funds shall be used for


 

the operation, maintenance, and renovation expenses associated with

 

the leased space.

 

     (3) From the unexpended balances of appropriations for the

 

Michigan schools for the deaf and blind operations, up to

 

$250,000.00 of any unexpended and unencumbered funds remaining on

 

September 30, 2012 may be carried forward as a work project and

 

expended for special maintenance and repairs of facilities at the

 

campus of the Michigan schools for the deaf and blind in Flint. The

 

work shall be carried out by state employees, or by contract as

 

necessary, at an estimated cost of $250,000.00. The estimated

 

completion date of the work is September 30, 2013.

 

     (4) From the tenant rent appropriation for Michigan schools

 

for the deaf and blind operations, up to $100,000.00 of any

 

unexpended and unencumbered funds remaining on September 30, 2012

 

may be carried forward as a work project or as restricted revenue

 

and expended for special maintenance and repairs of facilities at

 

Fay hall. The work project may be performed by state employees, or

 

by contract when necessary, at an estimated cost of $100,000.00.

 

The estimated completion date of the work project is September 30,

 

2013.

 

     Sec. 405. The department may assist the department of

 

community health, other departments, and local school districts to

 

secure reimbursement for eligible services provided in Michigan

 

schools from the federal Medicaid program. The department may

 

submit reports of direct expenses related to this effort to the

 

department of community health for reimbursement.

 

     Sec. 406. (1) The Michigan schools for the deaf and blind may


 

promote its residential program as a possible appropriate option

 

for children who are deaf or hard of hearing or who are blind or

 

visually impaired. The Michigan schools for the deaf and blind

 

shall distribute information detailing its services to all

 

intermediate school districts in the state.

 

     (2) Upon knowledge of or recognition by an intermediate school

 

district that a child in the district is deaf or hard of hearing or

 

blind or visually impaired, the intermediate school district shall

 

provide to the parents of the child the literature distributed by

 

the Michigan schools for the deaf and blind to intermediate school

 

districts under subsection (1).

 

     (3) Parents will continue to have a choice regarding the

 

educational placement of their deaf or hard-of-hearing children.

 

     Sec. 407. Revenue received by the Michigan schools for the

 

deaf and blind from gifts, bequests, and donations that is

 

unexpended at the end of the state fiscal year may be carried over

 

to the succeeding fiscal year and shall not revert to the general

 

fund.

 

 

 

Professional preparation services

 

     Sec. 501. From the funds appropriated in part 1 for

 

professional preparation services, the department shall maintain

 

the professional personnel register and certificate

 

revocation/felony conviction files.

 

     Sec. 502. The department shall authorize teacher preparation

 

institutions to provide an alternative program by which up to 1/2

 

of the required student internship or student teaching credits may


 

be earned through substitute teaching. The department shall require

 

that teacher preparation institutions collaborate with school

 

districts to ensure that the quality of instruction provided to

 

student teachers is comparable to that required in a traditional

 

student teaching program.

 

     Sec. 506. Revenue received from teacher testing fees that is

 

unexpended at the end of the state fiscal year may be carried over

 

to the succeeding fiscal year and shall not revert to the general

 

fund.

 

 

 

OFFICE OF EDUCATIONAL IMPROVEMENT AND INNOVATION

 

     Sec. 601. From the amount appropriated in part 1 for the

 

office of educational improvement and innovation, there is

 

allocated $350,000.00 and 3.5 FTE positions to operate a charter

 

school office to administer charter school legislation and

 

associated regulations, and to coordinate the activities of the

 

department relating to charter schools.

 

 

 

INFORMATION TECHNOLOGY

 

     Sec. 701. The department shall work in collaboration with the

 

center for educational performance and information to support the

 

comprehensive educational information system and all data

 

collection and reporting efforts of the department.

 

 

 

LIBRARY OF MICHIGAN

 

     Sec. 801. In addition to the funds appropriated in part 1, the

 

funds collected by the department for document reproduction and


 

services; conferences, workshops, and training classes; and the use

 

of specialized equipment, facilities, and software are appropriated

 

for all expenses necessary to provide the required services. These

 

funds are available for expenditure when they are received and may

 

be carried forward into the next succeeding fiscal year.

 

     Sec. 803. It is the intent of the legislature that the library

 

of Michigan and the component programs currently within the library

 

of Michigan shall be kept together in a state department.

 

     Sec. 804. From the funds appropriated in part 1 and other

 

funding available, the department and library of Michigan shall

 

maintain custody of the non-Michigan genealogy and all Michigan-

 

specific collections. These collections shall continue to be made

 

available to the public.

 

     Sec. 805. The funds appropriated in part 1 for book

 

distribution centers shall be distributed to the Michigan friends

 

of education.

 

 

 

GRANTS ADMINISTRATION AND SCHOOL SUPPORT SERVICES

 

     Sec. 901. Within 10 days of the receipt of a grant

 

appropriated in the federal and private grants line item in part 1,

 

the department shall notify the house and senate chairpersons of

 

the appropriations subcommittees responsible for the department

 

budget, the house and senate fiscal agencies, and the state budget

 

director of the receipt of the grant, including the funding source,

 

purpose, and amount of the grant.

 

     Sec. 902. The college access challenge grant program is a work

 

project as provided in section 451a of the management and budget


 

act, 1984 PA 431, MCL 18.1451a, and as follows and as such

 

appropriations for the program shall not lapse at the end of the

 

fiscal year but shall continue to be available for expenditure

 

until the project has been completed:

 

     (a) The purpose of the project is to provide assistance and

 

training to Michigan families, counselors, teachers, and community

 

leaders in applying for and securing funds for college to low-

 

income students.

 

     (b) The project will be accomplished by state employees and/or

 

by contracts with private vendors.

 

     (c) The total estimated cost of the project is $8,571,000.00.

 

     (d) The tentative completion date is September 30, 2012.

 

     Sec. 903. By not later than March 1, 2012, the department

 

shall work with districts that operate as a school of excellence

 

cyber school as defined in section 551 of the revised school code,

 

1976 PA 451, MCL 380.551, and districts that operate an alternative

 

education program with a seat-time waiver under section 101 of the

 

state school aid act of 1979, 1979 PA 94, MCL 388.1701, to provide

 

a report to the house and senate chairpersons of the appropriations

 

subcommittees responsible for the department budget, the house and

 

senate fiscal agencies, and the state budget director on all of the

 

following:

 

     (a) Each district operating a program and the districts that

 

enroll students in their program.

 

     (b) The total number of students and membership pupils

 

enrolled in each program.

 

     (c) The district in which each pupil is enrolled if other than


 

the district with the seat-time wavier or the cyber school.

 

     (d) The district in which the pupil was enrolled prior to

 

enrolling in the cyber school or the district with a seat-time

 

waiver program.

 

     (e) The number of participating students who had previously

 

dropped out of school.

 

     (f) The number of participating students who had previously

 

been expelled from school.

 

     (g) The cost per pupil paid to each online education provider.

 

     (h) The cost per pupil charged to school districts that enroll

 

their students in the program.

 

     (i) The name of each online education provider contracted by a

 

district with a seat-time waiver or a cyber school and the state in

 

which the online education provider is located.

 

 

 

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

FOR FISCAL YEAR 2012-2013

 

GENERAL SECTIONS

 

     Sec. 1201. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2013 for

 

the line items listed in part 1. The fiscal year 2012-2013

 

appropriations are anticipated to be the same as those for fiscal

 

year 2011-2012, except that the line items will be adjusted for

 

changes in caseload and related costs, federal fund match rates,

 

economic factors, and available revenue. These adjustments will be

 

determined after the January 2012 consensus revenue estimating


 

conference. The January 2012 consensus revenue estimating

 

conference shall include estimates for fiscal year 2011-2012,

 

fiscal year 2012-2013, and fiscal year 2013-2014 for the following:

 

     (a) State revenue.

 

     (b) Prison population and correction expenditures.

 

     (c) Annual percentage growth in the school aid basic

 

foundation allowance.

 

     (d) Medicaid expenditures.

 

     (e) Human service caseloads and expenditures.