SB-0710, As Passed Senate, October 27, 2011

SUBSTITUTE FOR

SENATE BILL NO. 710

A bill to amend 1996 PA 160, entitled

"Postsecondary enrollment options act,"

by amending the title and sections 3a, 4, 7, 9, 10, and 11 (MCL

388.513a, 388.514, 388.517, 388.519, 388.520, and 388.521), section

3a as added and section 9 as amended by 2004 PA 594.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

An act to establish a postsecondary enrollment options program

for certain students; ~~enrolled in Michigan schools;~~ to prescribe

certain duties of public schools, certain nonpublic schools, and

certain postsecondary institutions; to prescribe certain powers and

duties of certain state departments, officials, and agencies; and

to repeal acts and parts of acts.

Sec. 3a. (1) Not later than July 1, 2005, the superintendent

of public instruction shall do both of the following:

(a) Approve 1 or more readiness assessments that may be used

for the purposes of determining eligible students beginning with

participation in the 2006-2007 school year. Readiness assessments

shall be aligned with state learning standards and shall provide

high school students with an early indication of proficiency in the

subject areas of English, mathematics, reading, social studies, and

science and contain a comprehensive career planning program.

(b) Determine qualifying scores for each subject area

component of a readiness assessment that indicate readiness to

enroll in a postsecondary course in that subject area under this

act.

(2) Not later than July 1, 2006, the superintendent of public

instruction shall determine qualifying scores for each subject area

component of the Michigan merit examination that indicate readiness

to enroll in a postsecondary course in that subject area under this

act.

(3) Unless the school district or state approved nonpublic

school in which the student is enrolled elects to pay these costs,

a student who takes a readiness assessment for the purposes of this

act is responsible for paying all costs for taking and obtaining

qualifying scores on a readiness assessment for the purposes of

this act. This state is not responsible for any of these costs.

Sec. 4. (1) The school district or state approved nonpublic

school in which an eligible student is enrolled shall provide to

the eligible student a letter signed by the student's principal

indicating the student's eligibility under this act. For a home-

schooled child, the child's parent or legal guardian may supply

this letter.

(2) An eligible student may apply to an eligible postsecondary

institution to enroll in 1 or more eligible courses offered by that

eligible postsecondary institution and, if accepted, may enroll in

1 or more of those courses.

(3) ~~Within~~ For an eligible student enrolled in a school

district, within a reasonable time after registration, the eligible

postsecondary institution shall send written notice to the eligible

student and his or her school district. For an eligible student

enrolled in a state approved nonpublic school, within a reasonable

time after registration, the eligible postsecondary institution

shall send written notice to the eligible student and his or her

state approved nonpublic school and to the department. For an

eligible student who is a home-schooled child, within a reasonable

time after registration, the eligible postsecondary institution

shall send written notice to the eligible student and his or her

parent or legal guardian and to the department. The notice shall

indicate the course or courses and hours of enrollment of that

eligible student. The eligible postsecondary institution shall

notify the eligible student about tuition, fees, books, materials,

and other related charges, as determined by the postsecondary

institution, in the customary manner used by the eligible

postsecondary institution, and shall notify the eligible student of

the estimated amount of the eligible charges that will be billed to

the school district or the department, as applicable, under

subsection (4).

(4) ~~Unless~~ For an eligible student enrolled in a school

district, unless otherwise agreed between the eligible

postsecondary institution and the school district, after the

expiration of the institution's drop/add period for the course, an

eligible postsecondary institution shall send a bill to the

eligible student's school district detailing the eligible charges

for each eligible course in which the eligible student is enrolled

under this act. For an eligible student who is enrolled in a state

approved nonpublic school or who is a home-schooled child, after

the expiration of the eligible postsecondary institution's drop/add

period for the course, both of the following apply:

(a) Eligible postsecondary institution shall send a bill to

the department detailing the eligible charges for each eligible

course in which the eligible student is enrolled under this act.

(b) The department shall determine the amount of the eligible

charges to be paid by the department of treasury to the eligible

postsecondary institution on behalf of the eligible student under

this act and shall deliver this information to the department of

treasury by appropriate electronic means.

(5) ~~Upon~~ For an eligible student enrolled in a school

district, upon receiving the bill under subsection (4), the school

district shall cause to be paid to the eligible postsecondary

institution on behalf of the eligible student an amount equal to

the lesser of the amount of the eligible charges or the prorated

percentage of the ~~state portion of the foundation allowance paid on~~

~~behalf of that particular eligible student under section 20 of the~~

~~state school aid act of 1979, Act No. 94 of the Public Acts of~~

~~1979, being section 388.1620 of the Michigan Compiled Laws, with~~

~~the proration based on the proportion of the school year that the~~

~~eligible student attends the postsecondary institution.~~ statewide

pupil-weighted average foundation allowance, as calculated under

section 20 of the state school aid act of 1979, 1979 PA 94, MCL

388.1620, for all school districts for the state fiscal year that

begins on October 1 of the academic year of enrollment in the

eligible postsecondary institution, with the proration based on the

proportion of the school year that the eligible student attends the

eligible postsecondary institution. However, in the calculation of

the statewide pupil-weighted average foundation allowance for the

purposes of this subsection, if a school district's foundation

allowance is above the basic foundation allowance under section 20

of the state school aid act of 1979, 1979 PA 94, MCL 388.1620, then

the school district's foundation allowance shall be considered to

be the basic foundation allowance. Not later than September 1 of

each year, the department shall notify the department of treasury

of the amount of the statewide pupil-weighted average foundation

allowance as calculated for the purposes of this subsection. A

school district may pay more money to an eligible postsecondary

institution on behalf of an eligible student than is required under

this act, and may use local school operating revenue for that

purpose. The eligible student is responsible for payment of the

remainder of the costs associated with his or her postsecondary

enrollment that exceed the amount the school district is required

to pay under this act and that are not paid by the school district.

As used in this subsection, "local school operating revenue" means

that term as defined in section 20 of ~~Act No. 94 of the Public Acts~~

~~of 1979.~~the state school aid act of 1979, 1979 PA 94, MCL 388.1620.

(6) For an eligible student who is enrolled in a state

approved nonpublic school or who is a home-schooled child, upon

receiving from the department under subsection (4) the amount of

the eligible charges to be paid on behalf of the eligible student,

the department of treasury shall cause to be paid to the eligible

postsecondary institution on behalf of the eligible student an

amount equal to the lesser of the amount of the eligible charges or

the prorated percentage of the statewide pupil-weighted average

foundation allowance, as calculated under section 20 of the state

school aid act of 1979, 1979 PA 94, MCL 388.1620, for all school

districts for the state fiscal year that begins on October 1 of the

academic year of enrollment in the eligible postsecondary

institution, with the proration based on the proportion of the

school year that the eligible student attends the eligible

postsecondary institution. However, in the calculation of the

statewide pupil-weighted average foundation allowance for the

purposes of this subsection, if a school district's foundation

allowance is above the basic foundation allowance under section 20

of the state school aid act of 1979, 1979 PA 94, MCL 388.1620, then

the school district's foundation allowance shall be considered to

be the basic foundation allowance. Not later than September 1 of

each year, the department shall notify the department of treasury

of the amount of the statewide pupil-weighted average foundation

allowance as calculated for the purposes of this subsection. The

eligible student is responsible for payment of the remainder of the

costs associated with his or her postsecondary enrollment that

exceed the amount the department of treasury is required to pay

under this act and that are not paid by the department of treasury.

(7) ~~(6)~~ An eligible postsecondary institution shall not charge

a late fee to an eligible student, or a school district, the

department, or the department of treasury for a payment that is

made in compliance with the timetable prescribed under this act

even if the payment would otherwise be considered late by the

postsecondary institution.

(8) ~~(7)~~ A school district, state approved nonpublic school, or

the department may require an eligible student to provide, on a

form supplied by the school district, state approved nonpublic

school, or the department, reasonable verification that the

eligible student is regularly attending a postsecondary course.

(9) ~~(8) If~~ For an eligible student ~~enrolled~~ who is enrolled in

a school district and who enrolls in an eligible course under this

act, if the student does not complete the eligible course or, if

the student enrolls in an eligible course for postsecondary credit

only and the student does not successfully complete the eligible

course, as determined by the eligible postsecondary institution,

and if the school district has paid money for the course on behalf

of the student, ~~the~~ all of the following apply:

(a) The eligible postsecondary institution shall forward to

the school district any funds that are refundable due to

noncompletion of the course. The school district shall then forward

to the student any refunded money in excess of the amount paid by

the school district for the course on behalf of the student.

(b) The student shall repay to the school district any funds

that were expended by the school district for the course that are

not refunded to the school district by the eligible postsecondary

institution. If the student does not repay this money, the school

district may impose sanctions against the student as determined by

school district policy. This subdivision does not apply to a

student who does not complete the course due to a family or medical

emergency, as determined by the eligible postsecondary institution.

(10) For an eligible student who is enrolled in a state

approved nonpublic school, or is a home-schooled child, and who

enrolls in an eligible course under this act, if the student does

not complete the eligible course or, if the student enrolls in an

eligible course for postsecondary credit only and the student does

not successfully complete the eligible course, as determined by the

eligible postsecondary institution, and if the department of

treasury has paid money for the course on behalf of the student,

all of the following apply:

(a) The eligible postsecondary institution shall forward to

the department of treasury any funds that are refundable due to

noncompletion of the course. If applicable, the eligible

postsecondary institution shall then refund to the student any

funds that are refundable due to noncompletion of the course and

are in excess of the amount paid by the department of treasury for

the course on behalf of the student.

(b) The student shall repay to the department of treasury any

funds that were expended by the department of treasury for the

course that are not refunded to the department of treasury by the

eligible postsecondary institution. This subdivision does not apply

to a student who does not complete the course due to a family or

medical emergency, as determined by the eligible postsecondary

institution.

(11) ~~(9)~~ A school district, state approved nonpublic school,

the department, or the department of treasury shall make available

to an eligible student ~~enrolled in the school district~~ copies of

all correspondence in the possession of the school district, state

approved nonpublic school, department, or department of treasury

regarding the eligible student's participation in postsecondary

enrollment under this act. Correspondence described in this

subsection shall be kept by the school district, state approved

nonpublic school, department, or department of treasury for at

least 1 year.

(12) ~~(10)~~ If a school district pays for books for an eligible

student for a postsecondary course under this section, the books

are the property of the school district and shall be turned over to

the school district after the eligible student completes the

course.

(13) ~~(11)~~ This section does not apply to any postsecondary

courses in which an eligible student is enrolled in addition to

being enrolled full-time in that eligible student's school

district, state approved nonpublic school, or home school program;

to a postsecondary course an eligible student is retaking after

failing to achieve a satisfactory grade; or to a course contrary to

the eligibility provisions of this act. In determining full-time

enrollment in a school district under this ~~act~~ section or a school

district's full-time equated membership under ~~Act No. 94 of the~~

~~Public Acts of 1979, being sections 388.1601 to 388.1772 of the~~

~~Michigan Compiled Laws,~~ the state school aid act of 1979, 1979 PA

94, MCL 388.1601 to 388.1772, for ~~pupils~~ a pupil enrolled in a

postsecondary institution under this act, the pupil's enrollment in

both the school district and the postsecondary institution shall be

counted as enrollment in the school district and a pupil shall not

be considered to be enrolled in a school district less than full-

time solely because of the effect of the pupil's postsecondary

enrollment, including necessary travel time, on the number of class

hours provided by the school district to the pupil. In determining

full-time enrollment in a state approved nonpublic school or home

school program under this section for a student enrolled in a

postsecondary institution under this act, the student's enrollment

in both the state approved nonpublic school or home school program

and the postsecondary institution shall be counted as enrollment in

the state approved nonpublic school or home school program and a

student shall not be considered to be enrolled in a state approved

nonpublic school or home school program less than full-time solely

because of the effect of the student's postsecondary enrollment

under this act, including necessary travel time, on the number of

class hours provided by the state approved nonpublic school or home

school program to the student.

(14) ~~(12)~~ This act does not require a school district or the

department of treasury to pay or otherwise provide financial

support for transportation or parking costs necessary for an

eligible student to participate in postsecondary enrollment under

this act. A school district, state approved nonpublic school, or

Senate Bill No. 710 as amended October 27, 2011

this state is not liable for any injury incurred by an eligible

student that is related to transportation necessary for the

eligible student to participate in postsecondary enrollment under

this act.

(15) The legislature shall appropriate funds to the department

of treasury for making payments required to be made by the

department of treasury under this act.

Sec. 7. (1) An eligible student who is enrolled in a school

district may enroll in, and receive payment by the school district

under section 4(5) of all or part of eligible charges for, an

eligible course under this act for high school credit or

postsecondary credit, or both. At the time an eligible student who

is enrolled in a school district enrolls in a postsecondary course

under this act, he or she shall designate whether the course is for

high school or postsecondary credit, or both, and shall notify both

his or her high school and the eligible postsecondary institution

of that designation. An eligible student taking more than 1

postsecondary course under this act may make different credit

designations under this subsection for different courses.

(2) Except as otherwise <<provided>> in subsection (3), an

eligible student who is enrolled in a state approved nonpublic

school or who is a home-schooled child may enroll in, and receive

payment by the department of treasury under section 4(6) of all or

part of eligible charges for, an eligible course under this act

only for postsecondary credit and may not receive high school

credit for the course.

(3) If an eligible student who is enrolled in a state approved

nonpublic school or who is a home-schooled child is enrolled in an

eligible course that would have been considered a nonessential

elective course under Snyder v Charlotte School Dist, 421 Mich 517

(1984), then the eligible student may enroll in, and receive

payment by the department of treasury under section 4(6) of all or

part of eligible charges for, an eligible course under this act for

high school credit or postsecondary credit, or both. At the time an

eligible student enrolls under this act in an eligible course

described in this subsection, he or she shall designate whether the

course is for high school or postsecondary credit, or both, and

shall notify both his or her high school and the eligible

postsecondary institution of that designation. An eligible student

taking more than 1 eligible course described in this subsection

under this act may make different credit designations under this

subsection for different courses.

(4) An eligible student shall not audit a postsecondary course

in which he or she is enrolled under this act.

(5) ~~(2)~~ A school district shall grant academic credit to an

eligible student enrolled in an eligible course for high school

credit under this act if he or she successfully completes the

course, as determined by the eligible postsecondary institution.

The amount of high school credit granted by a school district for a

postsecondary course completed under this act shall be determined

by the school district.

(6) ~~(3)~~ The high school credits granted to an eligible student

under this act shall be counted toward the graduation requirements

and subject area requirements of the school district. Evidence of

successful completion of each course and high school credits

granted shall be included in the eligible student's high school

record. Subject to ~~section 438 of subpart 2 of part C of the~~

~~general education provisions act, title IV of Public Law 90-247, 20~~

~~U.S.C.~~ 20 USC 1232g, commonly referred to as the family educational

rights and privacy act of 1974, an eligible postsecondary

institution shall provide the school district with a copy of the

eligible student's grade in each course taken for high school

credit under this act. Upon the request of an eligible student, his

or her high school record and transcript shall also include

evidence of successful completion and postsecondary credits granted

for a course taken for postsecondary credit under this act. In

either case, the eligible student's high school record and

transcript shall indicate that the credits were earned at an

eligible postsecondary institution and identify the postsecondary

institution.

(7) ~~(4)~~ If a student enrolls in an eligible postsecondary

institution after leaving high school, the eligible postsecondary

institution, in accordance with institutional policy, shall award

postsecondary credit for postsecondary courses successfully

completed by that student for high school credit under this act at

that eligible postsecondary institution. An eligible postsecondary

institution shall not charge a student for credit awarded under

this subsection.

Sec. 9. (1) Each school district or state approved nonpublic

school shall provide information to all high school students on the

postsecondary enrollment options under this act, including

enrollment eligibility; the institutions and types of courses that

are eligible for participation; the decision making process for

granting academic credits; an explanation of eligible charges that

will be paid by the school district or department of treasury, as

applicable, and of financial arrangements for eligible charges and

for paying costs not paid for by the school district or department

of treasury; eligibility for payment of all or part of eligible

charges by the school district or department of treasury, as

applicable, under this act; an explanation that, if the student

qualifies for payment of all or part of eligible charges by the

school district or department of treasury under this act, the

school district or department of treasury, as applicable, will pay

that support directly to the eligible postsecondary institution

upon being billed by the eligible postsecondary institution and

that the student is not responsible for that payment but is

responsible for payment of costs not paid for under this act;

available support services; the need to arrange an appropriate

schedule; consequences of failing or not completing a postsecondary

course in which the eligible student enrolls, including the

possibility of being required to repay the school district or

department of treasury, as applicable, for money paid on behalf of

the student; the effect of enrolling in a postsecondary course on

the eligible student's ability to complete the required high school

graduation requirements; and the academic and social

responsibilities that must be assumed by the eligible student and

his or her parent or guardian.

(2) To the extent possible, a school district or state

approved nonpublic school shall provide counseling services to an

eligible student and his or her parent or guardian before the

eligible student enrolls in postsecondary courses under this act to

ensure that the eligible student and his or her parent or guardian

are fully aware of the benefits, risks, and possible consequences

of enrolling in a postsecondary course. The person providing the

counseling shall encourage the eligible student and his or her

parent or guardian to also use available counseling services at the

eligible postsecondary institutions before the quarter or semester

of enrollment to ensure that anticipated plans are appropriate. A

school district or state approved nonpublic school may provide the

counseling required under this section in a group meeting if

additional personalized counseling is also made available.

(3) Before enrolling in an eligible course at an eligible

postsecondary institution under this act, an eligible student and

his or her parent or guardian shall file with the eligible

postsecondary institution a signed form provided by the eligible

student's school district or state approved nonpublic school

stating that the student is an eligible student and has received

the information and counseling specified in subsections (1) and (2)

and that the student understands the responsibilities that must be

assumed in enrolling in the course. Upon request, the department

shall provide technical assistance to a school district or state

approved nonpublic school and to an eligible postsecondary

institution in developing appropriate forms and counseling

guidelines for purposes of this section.

Sec. 10. By ~~May 1, 1996, and by~~ March 1 of each ~~succeeding~~

year, a school district or state approved nonpublic school shall

provide general information about the postsecondary enrollment

options under this act to all pupils in grade 8 or higher.

Sec. 11. (1) Each intermediate school district annually shall

collect from each of its constituent school districts and provide

to the department at the same time that it submits the annual

comprehensive financial report required under section 18 of the

state school aid act of 1979, ~~Act No. 94 of the Public Acts of~~

~~1979, being section 388.1618 of the Michigan Compiled Laws,~~ 1979 PA

94, MCL 388.1618, information for the immediately preceding school

year on all of the following:

(a) The amount of money expended by the school district for

payments required under this act.

(b) The number of eligible students who were enrolled in the

school district and the number of those eligible students who

enrolled in 1 or more postsecondary courses and received payment of

all or part of eligible charges under this act, both in the

aggregate and by grade level.

represented by the eligible students described in subdivision (b),

both in the aggregate and by grade level.

(d) The total number of postsecondary courses for which the

school district made payment under this act, the number of those

courses for which postsecondary credit was granted, the number of

those courses for which high school credit was granted, and the

number of those courses that were not completed by the eligible

student.

(2) Each eligible postsecondary institution shall annually

report to the department, in the form and manner prescribed by the

department, all of the following information:

(a) The number of eligible students who enrolled in the

eligible postsecondary institution under this act during the

preceding academic year.

(b) The total number of eligible courses completed by eligible

students under this act at the eligible postsecondary institution

during the preceding academic year.

which the eligible postsecondary institution granted postsecondary

credit to the eligible student.

(d) The number of eligible courses under subdivision (b) for

which the eligible postsecondary institution declined to grant

postsecondary credit to the eligible student.

(3) ~~(2)~~ Not later than March 1 of each year, the department

shall prepare and submit to the house and senate fiscal agencies

and the department of technology, management, and budget a summary

annual report on the information received under ~~subsection (1).~~this

section.

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

2012.

Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 96th Legislature are

enacted into law:

(a) Senate Bill No. 622.

(b) Senate Bill No. 623.