October 19, 2011, Introduced by Rep. Hobbs and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 504a, 525, and 557 (MCL 380.504a, 380.525, and
380.557), section 504a as amended and section 525 as added by 2003
PA 179 and section 557 as added by 2009 PA 205, and by adding
section 1280d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 504a. In addition to other powers set forth in this part,
a public school academy may take action to carry out the purposes
for which it was incorporated under this part, including, but not
limited to, all of the following:
(a) To sue and be sued in its name.
(b) Subject to section 503b, to acquire, hold, and own in its
own name real and personal property, or interests in real or
personal property, for educational purposes by purchase, gift,
grant, devise, bequest, lease, sublease, installment purchase
agreement, land contract, option, or condemnation, and subject to
mortgages, security interests, or other liens; and to sell or
convey the property as the interests of the public school academy
require.
(c) To receive, disburse, and pledge funds for lawful
purposes.
(d)
To Subject to section
1280d, to enter into binding legal
agreements with persons or entities as necessary for the operation,
management, financing, and maintenance of the public school
academy.
(e) To incur temporary debt in accordance with section 1225.
(f) To solicit and accept any grants or gifts for educational
purposes and to establish or permit to be established on its behalf
1 or more nonprofit corporations the purpose of which is to assist
the public school academy in the furtherance of its public
purposes.
(g) To borrow money and issue bonds in accordance with section
1351a and in accordance with part VI of the revised municipal
finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the
borrowing of money and issuance of bonds by a public school academy
is not subject to section 1351a(4) or section 1351(2) to (4). Bonds
issued under this section shall be full faith and credit
obligations of the public school academy, pledging the general
funds or any other money available for such a purpose. Bonds issued
under this section are subject to the revised municipal finance
act, 2001 PA 34, MCL 141.2101 to 141.2821.
Sec. 525. In addition to other powers set forth in this part,
an urban high school academy may take action to carry out the
purposes for which it was incorporated under this part, including,
but not limited to, all of the following:
(a) To sue and be sued in its name.
(b) Subject to section 523a, to acquire, hold, and own in its
own name real and personal property, or interests in real or
personal property, for educational purposes by purchase, gift,
grant, devise, bequest, lease, sublease, installment purchase
agreement, land contract, option, or condemnation, and subject to
mortgages, security interests, or other liens; and to sell or
convey the property as the interests of the urban high school
academy require.
(c) To receive, disburse, and pledge funds for lawful
purposes.
(d)
To Subject to section
1280d, to enter into binding legal
agreements with persons or entities as necessary for the operation,
management, financing, and maintenance of the urban high school
academy.
(e) To incur temporary debt in accordance with section 1225.
(f) To solicit and accept any grants or gifts for educational
purposes and to establish or permit to be established on its behalf
1 or more nonprofit corporations the purpose of which is to assist
the urban high school academy in the furtherance of its public
purposes.
(g) To borrow money and issue bonds in accordance with section
1351a and in accordance with part VI of the revised municipal
finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the
borrowing of money and issuance of bonds by an urban high school
academy are not subject to section 1351a(4) or section 1351(2) to
(4). Bonds issued under this section shall be full faith and credit
obligations of the urban high school academy, pledging the general
funds or any other money available for such a purpose. Bonds issued
under this section are subject to the revised municipal finance
act, 2001 PA 34, MCL 141.2101 to 141.2821.
Sec. 557. In addition to other powers set forth in this part,
a school of excellence may take action to carry out the purposes
for which it was incorporated under this part, including, but not
limited to, all of the following:
(a) To sue and be sued in its name.
(b) Subject to section 555, to acquire, hold, and own in its
own name real and personal property, or interests in real or
personal property, for educational purposes by purchase, gift,
grant, devise, bequest, lease, sublease, installment purchase
agreement, land contract, option, or condemnation, and subject to
mortgages, security interests, or other liens; and to sell or
convey the property as the interests of the school of excellence
require.
(c) To receive, disburse, and pledge funds for lawful
purposes.
(d)
To Subject to section
1280d, to enter into binding legal
agreements with persons or entities as necessary for the operation,
management, financing, and maintenance of the school of excellence.
(e) To incur temporary debt in accordance with section 1225.
(f) To solicit and accept any grants or gifts for educational
purposes and to establish or permit to be established on its behalf
1 or more nonprofit corporations the purpose of which is to assist
the school of excellence in the furtherance of its public purposes.
(g) To borrow money and issue bonds in accordance with section
1351a and in accordance with part VI of the revised municipal
finance act, 2001 PA 34, MCL 141.2601 to 141.2613, except that the
borrowing of money and issuance of bonds by a school of excellence
is not subject to section 1351a(4) or section 1351(2) to (4). Bonds
issued under this section shall be full faith and credit
obligations of the school of excellence, pledging the general funds
or any other money available for such a purpose. Bonds issued under
this section are subject to the revised municipal finance act, 2001
PA 34, MCL 141.2101 to 141.2821.
Sec. 1280d. (1) If an educational management organization is a
party to a management agreement with 1 or more public schools on
the list under section 1280c(1) of the public schools in this state
that the department has determined to be among the lowest achieving
5% of all public schools in this state, the board of a school
district or board of directors of a public school academy shall not
enter into a management agreement with the educational management
organization. The department shall compile and annually update a
list of educational management organizations described in this
section and post that list on its website.
(2) As used in this section:
(a) "Educational management organization" means an entity that
enters into a management agreement with the governing board of a
public school.
(b) "Entity" means a partnership, nonprofit or business
corporation, or any other association, corporation, trust, or other
legal entity.
(c) "Management agreement" means an agreement to provide
comprehensive educational, administrative, management, or
instructional services or staff to a public school.