HOUSE BILL No. 5319

 

January 31, 2012, Introduced by Reps. Pscholka, Ananich, Hughes, Daley, Yonker, Jenkins, Constan, Tlaib, Roy Schmidt, Lane, Shaughnessy, Lori, LaFontaine, Tyler, Huuki, Nesbitt, Genetski and Muxlow and referred to the Committee on Appropriations.

 

     A bill to amend 1979 PA 94, entitled

 

"The state school aid act of 1979,"

 

by amending section 25b (MCL 388.1625b), as amended by 2008 PA 268.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 25b. (1) This section applies to an educating district's

 

enrollment of a pupil if the educating district is not a school

 

district of the first class and if all of the following apply:

 

     (a) The pupil transfers from 1 of 3 10 other districts

 

specified by the educating district and enrolls in the educating

 

district after the pupil membership count day.

 

     (b) Due to the pupil's enrollment status as of the pupil

 

membership count day, the pupil was counted in membership in the

 

district from which he or she transfers.

 


     (c) The pupil was a resident of the educating district on the

 

pupil membership count day or met other eligibility criteria under

 

section 6(4) or (6) to be counted in membership in the educating

 

district if the pupil had been enrolled in the educating district

 

on the pupil membership count day.

 

     (d) The total number of pupils enrolled in the district who

 

are described in subdivisions (a), (b), and (c) and who transfer

 

from 1 of the 3 10 other districts specified by the educating

 

district is at least equal to the greater of 25 10 or 1% 0.5% of

 

the educating district's membership.

 

     (2) If the conditions specified in subsection (1) are met, and

 

a pupil transfers from 1 of the 3 10 other specified districts

 

described in subsection (1)(d) and enrolls during a school year in

 

the educating district, the educating district shall report the

 

enrollment information to the department and to the district in

 

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

 

the pupil is counted in membership shall pay to the educating

 

district an amount equal to the amount of the foundation allowance

 

or per pupil payment as calculated under section 20 for the

 

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 educating district

 

compared to the number of days of the school year ending in the

 

fiscal year the pupil was actually enrolled in the 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 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 district

 

for that fiscal year under this act, and shall pay that amount to

 

the educating district. The district in which the pupil is counted

 

in membership and the educating district shall provide to the

 

department all information the department requires to enforce this

 

section.

 

     (3) In determining the total amount a district owes to the

 

educating district under this section, regardless of whether that

 

district is otherwise eligible for payment from the educating

 

district under this section, the district may calculate and

 

subtract from the amount owed, using the calculation described in

 

subsection (1), any amount applicable to pupils who transfer to

 

that district from the educating district and meet the requirements

 

of subsection (1)(a) to (c).

 

     (4) As used in this section, "educating district" means the

 

district in which a pupil enrolls after the pupil membership count

 

day as described in subsection (1).