HOUSE BILL No. 5923

September 19, 2012, Introduced by Reps. Lyons and Haveman and referred to the Committee on Education.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 10, 1278a, 1401, 1473, and 1481 (MCL 380.10,

380.1278a, 380.1401, 380.1473, and 380.1481), section 10 as added

by 1995 PA 289, section 1278a as amended by 2009 PA 205, and

section 1473 as amended and section 1481 as added by 2000 PA 230,

and by adding part 6f and sections 1233c, 1482, and 1483.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 10. (1) It is the natural, fundamental right of parents

and legal guardians to determine and direct the care, teaching, and

education of their children. The public schools of this state serve

the needs of the pupils by cooperating with the pupil's parents and

legal guardians to develop the pupil's intellectual capabilities

and vocational skills in a safe and positive environment. Within

available resources and to the extent that it is consistent with

the state constitution of 1963, the parent or legal guardian of

each child is entitled to choose among available public or

nonpublic schools and home schooling for some or all of the

education necessary to develop the child's intellectual

capabilities and vocational skills in a safe and positive

environment.

(2) Public schools are part of the community in which they are

located and should be actively engaged with municipal government,

employers, labor organizations, cultural and community

organizations, and others in providing education and growth

opportunities for young people.

(3) An authorizing body for a public school academy or for a

school with a special designation under part 6f may issue or

release an opinion, report, data, or research materials regarding

the academic, financial, and compliance performance of a vendor,

contractor, or educational service provider providing educational

services in a public school academy or a school with a special

designation. In taking an action described in this subsection, an

authorizing body has governmental immunity as provided in section 7

of 1964 PA 170, MCL 691.1407.

PART 6F

NEW FORMS OF SCHOOLS

Sec. 571. (1) To provide pupils and parents with more

opportunities to receive public education, new forms of schools may

be authorized under this part within this state's system of public

schools, as provided under this part. A school authorized under

this part shall further 1 or more of the following purposes:

(a) To improve pupil achievement for all pupils, including,

but not limited to, educationally disadvantaged pupils, by

improving the learning environment.

(b) To stimulate innovative teaching methods.

new type of public school in which the school structure and

educational program can be innovatively designed and managed by

teachers at the school site level.

(d) To achieve school accountability for pupil educational

outcomes by placing full responsibility for performance at the

school site level.

(e) To provide parents or legal guardians and pupils with

greater choices among public schools, both within and outside their

existing school districts.

(f) To permit parents or legal guardians and pupils to choose

to attend and compete in globally competitive public schools.

(g) To expand the number and types of public entities

permitted to authorize, supervise, operate, manage, and oversee

public schools.

(h) To provide for new forms of public school governance.

(i) To permit public schools to form international schools in

cooperation with the educational authorities of other nations.

(j) To permit international students to pay tuition to receive

education and diplomas from public schools in this state.

(k) To permit municipal authorities to establish public

municipal schools as a more efficient way to exercise governmental

powers.

(l) To permit employers to sponsor and support public schools

and provide limited enrollment preferences for children of

employees of the sponsoring employers.

(m) To permit cultural organizations in this state to sponsor

and support specialized public schools that utilize the special

talents and expertise of the cultural organization.

(n) To authorize greater cooperation among nonpublic schools,

public schools, and parents of home school students to the extent

permitted under the state constitution of 1963.

(o) To permit single-gender public schools available equally

to both genders to provide improved educational opportunities and

outcomes.

(2) In addition to existing school districts, public school

academies, strict discipline academies, urban high school

academies, schools of excellence, university schools, cyber

schools, achievement schools, and other public schools, this part

authorizes additional types of public schools to meet the

educational needs of pupils in this state.

(3) As used in this part:

(a) "Achievement authority" means the education achievement

authority described in section 771.

(b) "Achievement school" means a public school operated,

managed, authorized, established, or overseen by the achievement

authority, including, but not limited to, a public school under the

control of the achievement authority under section 1280c.

another governmental entity that is authorized to function as an

authorizing body and issue a contract under part 6a.

(d) "Certificated teacher" means an individual who holds a

valid teaching certificate, permit, authorization, or adjunct

inspector certificate issued by the department.

(e) "Community college" means a community college organized

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

389.195, or a federal tribally controlled community college that is

recognized under the tribally controlled colleges and universities

assistance act of 1978, 25 USC 1801 to 1825, and is determined by

the department to meet the requirements for accreditation by a

recognized regional accrediting body.

(f) "Eligible public school" means a public school academy, a

university school, or an achievement school.

(g) "Special designation" means the authority to operate as 1

or more types of specialized public school under this part, as

issued by an authorizing body under a special designation

agreement.

(h) "Special designation agreement" means the executive act

taken by an authorizing body that evidences the authorization for

an eligible public school to operate as a school with a special

designation under this part, subject to the constitutional powers

of the state board and applicable law. For a public school academy,

special designation agreement means a contract amendment executed

by the authorizing body conferring certain rights, franchises,

privileges, and obligations as provided by this part, and

confirming the authority of the public school academy to operate as

a school with a special designation under this part.

(i) "State public university" means a state university

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

constitution of 1963.

Sec. 572. (1) Subject to the leadership and general

supervision of the state board over all public education, a school

with a special designation under this part is a public school under

section 2 of article VIII of the state constitution of 1963.

(2) The powers granted to a school with a special designation

under this part constitute the performance of essential public

purposes and governmental functions of this state.

(3) To the extent disqualified under the state or federal

constitution, a school with a special designation under this part

shall not be organized by a church or other religious organization

and shall not have any organizational or contractual affiliation

with or constitute a church or other religious organization. A

school or academy authorized under this part shall comply with all

state and federal law applicable to public schools concerning

church-state issues.

Sec. 573. (1) Subject to the provisions of this part, the

authority may issue 1 or more special designations to an eligible

public school for the following types of specialized schools:

(a) A single-gender school authorized under section 584.

(b) An online school authorized under section 585.

586.

(d) An international cultural school authorized under section

587.

(e) A residential public school authorized under section 588.

(f) A university school authorized under section 589.

(g) An employer-supported school authorized under section 590.

(h) A cultural institution-affiliated school authorized under

section 591.

(i) A municipal school authorized under section 592.

(2) A special designation may be issued to an eligible school

under more than 1 section of this part, and, if the school complies

with all applicable law and requirements related to each special

designation, a school may operate under more than 1 special

designation issued under this part at the same time.

(3) Any pupil who is a resident of this state may apply for

admission to any school with a special designation under this part,

subject to the equal application of enrollment criteria authorized

for the school.

Sec. 574. (1) To operate as a school with a special

designation under this part, an eligible public school shall apply

to an authorizing body for a special designation agreement and must

be issued a special designation by an authorizing body under this

part. If the eligible public school is an achievement school, the

special designation may only be issued by the achievement

authority. If the eligible public school is a public school

academy, the special designation may only be issued by the public

school academy's authorizing body. If the eligible public school is

a university school, the special designation may only be issued by

the governing board of the university school.

(2) An authorizing body shall establish a process and forms

for development, submission, consideration, approval, or rejection

of applications from eligible public schools for a special

designation agreement for a proposed school with a special

designation under this part. The process shall include at least all

of the following:

(a) Notice of time periods for the submission and

consideration of applications. The notice shall be made public and

shall be posted on a website of the authorizing body.

(b) Preconditions or requirements for the consideration of

applications, as established by the authorizing body.

available under the freedom of information act, 1976 PA 442, MCL

15.231 to 15.246.

(3) The application process established by an authorizing body

under subsection (2) shall ensure that the documentation required

includes at least all of the following:

(a) Identification of the applicant for the special

designation.

(b) Identification of each type of school with a special

designation that the eligible school is applying to operate and

each section under this part under which the school with a special

designation will operate.

which shall include at least all of the following:

(i) The name of the proposed school with a special designation,

and whether the school with a special designation will be known as

an academy, an institute, or a school.

(ii) The purposes of the school with a special designation.

This provision shall include among the purposes that the school

with a special designation is authorized under this part and that

the school with a special designation is a governmental entity.

(iii) The time period during which the special designation

agreement will be effective.

(iv) Other matters the authorizing body considers to be

expedient for inclusion in the special designation agreement.

(d) At least all of the following in the form and manner

required by the authorizing body:

(i) The proposed school calendar and school day schedule for

the school with a special designation.

(ii) The age or grade range of pupils to be enrolled in the

school with a special designation.

(iii) The proposed location or locations of the school with a

special designation.

(4) An authorizing body is not required to issue a special

designation to any eligible public school. A special designation

shall be issued in the discretion of an authorizing body, taking

into consideration the role and resources of the authorizing body,

the resources available for the proposed school with a special

designation, the population to be served by the proposed school

with a special designation, and the proposed educational goals of

the proposed school with a special designation. An authorizing body

may establish a competitive process for the issuance of special

designations.

(5) A special designation is issued and effective to create a

school with a special designation when an authorizing body and the

governing body of an eligible public school enter into a special

designation agreement providing for the issuance of a special

designation. If the eligible public school is a public school

academy, the special designation agreement shall be in the form of

an amendment to the contract between the eligible public school and

its authorizing body.

Sec. 576. (1) An authorizing body may establish an alternative

governance structure for a school with a special designation to fit

the nature of the school with a special designation. If an

authorizing body establishes an alternative governance structure

for a school with a special designation, then the school with a

special designation is exempt from any provision of this act that

is inconsistent with that alternative governance structure, and the

school with a special designation shall operate under that

alternative governance structure notwithstanding any other

provision of this act.

(2) Any alternative governance structure shall be detailed in

the special designation agreement for a school with a special

designation and may involve any of the following:

(a) The manner, term, and method of selection of a board of

directors, officers, trustees, or managers for the school with a

special designation, if any. A director, officer, trustee, or

manager of a school with a special designation is a public officer

of this state.

(b) The powers and duties of any board of directors, officer,

trustee, or manager. These powers and duties shall not include any

powers and duties expressly prohibited by law.

(3) A single board or governance structure may govern 1 or

more schools with a special designation authorized under this part,

as provided in the special designation agreement of each school

with a special designation, with the approval of the authorizing

body.

(4) A special designation agreement may provide for the

creation and selection of a parent advisory board or a community

advisory board pursuant to procedures established in the special

designation agreement.

(5) If an individual exercises governance authority over a

school with a special designation, that exercise of governance

authority constitutes the holding of a public office, and each

individual exercising the governance authority shall execute and

file with the secretary of state the constitutional oath provided

under section 1 of article XI of the state constitution of 1963 as

a public officer within this state.

(6) A school with a special designation and its board members,

officers, employees, and volunteers have governmental immunity as

provided in section 7 of 1964 PA 170, MCL 691.1407. The authorizing

body for a school with a special designation and its board members,

officers, trustees, managers, employees, and volunteers are immune

from civil liability, both personally and professionally, for any

acts or omissions in authorizing a school with a special

designation under this part.

Sec. 577. (1) A special designation agreement shall designate

the public entity that will oversee a school with a special

designation. The oversight shall be sufficient to ensure that the

authorizing body can certify that the school with a special

designation is in compliance with applicable law, rules, and the

terms of the special designation agreement.

(2) An authorizing body for a school with a special

designation has the authority to oversee a school with a special

designation's compliance with the special designation agreement and

all applicable law. The authorizing body may revoke a special

designation issued under this part if the authorizing body

determines that 1 or more of the following have occurred:

(a) Failure of the school with a special designation to abide

by and meet educational goals in the special designation agreement.

(b) Failure of the school with a special designation to comply

with all applicable law.

any pupil performance requirements in the special designation

agreement.

(d) Failure of the school with a special designation to meet

generally accepted public sector accounting principles.

(e) The existence of 1 or more other grounds for revocation of

the special designation as specified in the special designation

agreement for the school with a special designation.

(3) Unless the authorizing body also revokes the public school

academy's contract at the same time as revoking the special

designation, the revocation of a special designation under

subsection (2) for a public school academy does not affect the

contract for that public school academy.

(4) If a public school academy's contract expires and the

public school academy is a school with a special designation, the

special designation expires at the same time as the contract.

(5) The decision of an authorizing body to revoke a special

designation under this section is solely within the discretion of

the authorizing body, is a final administrative action, and is not

subject to review by a court or any state agency. If an authorizing

body revokes a special designation under this section, the

authorizing body is not liable for that action to the school with a

special designation, an entity operating or managing the school

with a special designation, a pupil of the school with a special

designation, the parent or guardian of a pupil of the school with a

special designation, or any other person.

Sec. 578. (1) Except as otherwise provided in this act, a

school with a special designation shall not charge tuition and

shall not discriminate in its pupil admissions policies or

practices on the basis of intellectual or athletic ability,

measures of achievement or aptitude, status as a person with a

disability, or any other basis that would be illegal if used by a

school district. A school with a special designation may limit

admission to pupils who are within a particular range of age or

grade level or on any other basis that would be legal if used by a

school district or for which an enrollment provision is provided

under this part.

(2) Enrollment in a school with a special designation is open

to all individuals who reside in this state, foreign exchange

students, and all other pupils, who meet the admission policy for

the school and the requirements of this part.

(3) Except as otherwise provided in this act, if there are

more applications to enroll in a school with a special designation

than there are spaces available, eligible pupils shall be selected

for enrollment using a random selection process.

(4) A school with a special designation may give enrollment

priority to an eligible sibling of a pupil enrolled in the school

or academy.

(5) A school with a special designation shall allow any pupil

who was enrolled in the school with a special designation in the

immediately preceding school year to enroll in the school with a

special designation in the appropriate grade unless the appropriate

grade for the pupil is not offered at the school with a special

designation or the pupil was expelled from the school with a

special designation for disciplinary reasons.

(6) A school with a special designation may include any grade

up to grade 12 or any configuration of those grades, including, but

not limited to, kindergarten, junior kindergarten, prekindergarten,

and early childhood education, as specified in its special

designation agreement. If specified in its special designation

agreement, a school with a special designation also may operate an

adult basic education program, adult high school completion

program, or general education development testing preparation

program. An authorizing body may approve at any time an amendment

of a special designation agreement with respect to ages of pupils

or grades offered.

(7) A school with a special designation may charge tuition

only as follows or as otherwise authorized by this act:

(a) The school with a special designation may admit out-of-

state pupils as authorized in its special designation agreement and

charge tuition to those pupils. As used in this section, "out-of-

state pupil" means a pupil who is not a resident of this state and

who is not eligible to be counted in membership under the state

school aid act of 1979. The method for determining the rates of

tuition of the out-of-state pupils and collecting the tuition shall

be approved by the authorizing body.

(b) In addition to the tuition, a school with a special

designation may charge an out-of-state pupil for noneducational

expenses such as travel costs, medical tests, and other matters not

directly related to the provision of instructional or educational

program.

(8) An out-of-state pupil who pays tuition as provided under

subsection (7) shall not be considered to be a resident of this

state by reason of attending the school with a special designation.

Sec. 579. A school with a special designation shall provide

its authorizing body with a copy of the educational goals of the

school with a special designation and the curricula to be offered

and methods of pupil assessment to be used by the school with a

special designation. A school with a special designation may

establish assessment standards to measure the progress of pupils in

the school that are more stringent than the Michigan education

assessment program (MEAP) tests or the Michigan merit examination

under section 1279g.

Sec. 582. (1) A school with a special designation may employ

or contract with personnel as necessary for the operation of the

school with a special designation, prescribe their duties, and fix

their compensation.

(2) Except as otherwise provided by law, a school with a

special designation shall use certificated teachers according to

rules promulgated by the superintendent of public instruction. A

school with a special designation may use a teacher who is not a

certificated teacher in any situation in which a school district is

permitted to use a teacher who is not a certificated teacher. In

addition, a school with a special designation may use as a

classroom instructor an adjunct instructor authorized under section

1233c or a faculty member employed by a state public university or

community college with experience in teaching the subject matter

that he or she is teaching at the school with a special

designation.

Sec. 584. (1) The authorizing body may issue a special

designation for a single-gender school under this part, and that

single-gender school may limit attendance to a single gender, only

if all of the following apply:

(a) The special designation agreement provides that the school

limits its enrollment to a single gender.

(b) The authorizing body makes a specific finding that the

educational mission and teaching strategy of the school justifies

limiting enrollment to a single gender.

by a pupil in a single-gender school or participation in a single-

gender class or program is wholly voluntary and that a

substantially equal coeducational school, class, or program is

available at other public schools in which the pupil may enroll.

(d) The authorizing body makes a specific written finding that

there are sufficient public schools within the intermediate school

district in which the single-gender school is located to make

available a substantially equal school, class, or program for

pupils of the other gender.

(2) Except as authorized in this section, a public school

shall not require participation by any of its pupils in a single-

gender school, class, or program. A decision by a parent or legal

guardian to enroll a pupil in a single-gender school under this

section shall be voluntary.

(3) This section does not authorize a separate school, class,

program, or department on account of race, color, national origin,

or any other prohibited category except gender, and only as limited

by this section.

Sec. 585. (1) To accelerate this state's ability to respond to

current and emerging educational demands, an authorizing body may

issue a special designation for an online school under this part.

An online school under this section is a public school that

delivers all or a substantial amount of educational content or

instructional services by means of websites, the internet, digital

broadcast, satellite network, or other distance learning

technology.

(2) An online school may offer teachers opportunities to learn

new skills and strategies for developing and delivering educational

content and instructional services.

(3) An online school may permit a pupil to enroll in a college

level equivalent course that is offered by electronic means,

including, but not limited to, websites, the internet, digital

broadcast, or satellite network.

(4) An online school may be designed to allow pupils to

satisfy graduation requirements, including requirements established

under this act, through the development of projects or courses that

are based on thematically grouped strands or projects or courses

that are cross-curricular in 2 or more areas of study.

(5) An online school may develop thematically grouped strands,

projects, or courses in areas such as the fine arts, humanities,

and mathematics and science.

(6) An online school may provide course offerings and

supplemental resources for at-risk programs and services,

information technology courses, test preparation tools, and special

interest courses for offering to pupils of the online school and

other schools.

(7) If an online school serves at-risk pupils, as defined in

section 31a of the state school aid act of 1979, MCL 388.1631a, the

online school shall ensure that a mentor is made available to each

at-risk pupil to significantly support the pupil and ensure

academic success.

(8) An online school may, through contracts and agreements,

seek to significantly expand curricular offerings for other schools

across this state.

(9) Nonpublic school students and home-schooled students may

participate in course offerings of an online school to the same

extent that they are allowed to participate in school district

course offerings under this act and the state school aid act of

1979.

(10) An online school may be designed to deliver a full

curriculum for migrant pupils through distance learning and may

limit enrollment to pupils for whom that curriculum is appropriate.

(11) An online school may be designed to deliver a full

curriculum to homebound or hospitalized pupils, as described in

section 109 of the state school aid act of 1979, MCL 388.1709, and

may limit enrollment to those pupils.

(12) An online school may coordinate services with local

workforce development entities, businesses, labor organizations,

cultural institutions, state universities, and community colleges

to make available additional hours of operation for training,

college courses, and technical assistance in which it has expertise

or can coordinate services.

(13) An online school shall make available to pupils, parents

or legal guardians, and staff at all times throughout the year

online reports of measured student progress of academic success.

(14) An online school may develop personalized learning plans

for all participating pupils. If developed, the personalized

learning plan shall ensure that pupil academic success and

competitive skills are measured incrementally and longitudinally.

(15) An online school may require pupils to produce portfolios

illustrating progress toward meeting academic criteria that

include, but are not limited to, some or all of the following:

(a) Critical thinking and problem solving.

(b) Collaboration across networks and leading by influence.

(d) Initiative, innovation, and entrepreneurship.

(e) Effective verbal and written communication.

(f) Accessing and analyzing information.

(g) Curiosity and imagination.

(16) A limitation or enrollment cap for a cyber school under

part 6e does not apply to an online school described in this

section. As provided in the state school aid act of 1979, the

required minimum number of days and hours of pupil instruction time

requirements and daily attendance requirements of that act do not

apply to an online school described in this section.

Sec. 586. (1) An authorizing body may issue a special

designation for a globally competitive school under this part. For

the purposes of this part, a globally competitive school is a

highly selective school designed to provide an innovative,

specialized learning environment for highly motivated pupils who

have a genuine interest in the curriculum of the school and in

performing at an educational level equal to or exceeding the

highest-performing students in the world.

(2) A globally competitive school may adopt a competitive

admissions process to select highly motivated pupils with diverse

backgrounds, talents, and skills, who demonstrate 1 or more of the

following:

(a) High ability, aptitude, and interest in mathematics,

science, or technology.

(b) Intellectual curiosity and self-motivation to pursue

scientific research.

focused in mathematics, science, and technology.

(d) The highest academic and personal integrity.

(e) An aspiration to become a member of a community of

learners, explorers, mentors, and leaders.

(f) The capability to become a leader in the future.

(3) The special designation agreement for a globally

competitive school must require the school to adopt academic

standards that require test scores that meet or exceed high

international testing and ranking standards.

(4) A globally competitive school may recruit pupils from

anywhere in the world who meet the enrollment standards of the

globally competitive school and may charge tuition to pupils who

are not residents of this state as provided in this act.

Sec. 587. (1) An authorizing body may issue a special

designation for an international cultural school under this part.

For the purposes of this part, an international cultural school is

a public school that is designed with a curriculum that provides a

distinct focus regarding the culture and peoples of 1 or more of

the various parts of the world.

(2) A special designation for an international cultural school

shall be issued by an authorizing body only if the superintendent

of public instruction has entered into an agreement with the

minister of education, or official holding an equivalent position,

of another nation or province to provide for dual enrollment of

pupils in the international cultural school and in a public school

in that other nation or province. The agreement shall also provide

that a pupil may be awarded a diploma from both schools upon

successful completion of the required curriculum. State funds may

not be used to pay for the pupils from the other nation or

province.

(3) The agreement under subsection (2) shall require a pupil

who is not a resident of this state to pay tuition as provided

under this act.

(4) An international cultural school may also be a residential

public school as provided under section 588.

Sec. 588. (1) An authorizing body may issue a special

designation under this part for a residential public school. A

residential public school may include a school that meets any of

the following:

(a) The residential public school is a high school that

focuses on the intensive study of science, mathematics, and

technology and meets all of the following:

(i) The school is limited to high school juniors and seniors.

(ii) The school is a public school in which enrollment is

limited and applicants undergo a highly competitive review process

prior to admission.

(iii) The special designation agreement for the residential

public school provides that the school shall seek to participate in

the national consortium for specialized secondary schools of

mathematics, science, and technology, which is an alliance of

specialized high schools in the United States whose focus is

advanced preparatory studies in mathematics, science, and

technology.

(b) The residential public school is operated in cooperation

with the department of human services or a public or private agency

approved by the department of human services. The authorizing body

or the department may waive any provision of this act as necessary

to comply with any consent decree affecting the pupils enrolled in

a residential public school described in this subdivision.

department of military and veterans affairs, the department of

state police, or another public safety organization and meets all

of the following:

(i) The residential public school is limited to high school

pupils.

(ii) The residential public school is operated as a public

school in which applicants undergo a competitive review process

before admission.

(d) The residential school is operated by the department of

natural resources.

(e) The residential school is operated by a cultural

institution in this state described in section 591.

(2) If a residential public school enrolls a pupil who is not

a resident of this state, the pupil shall pay tuition as provided

under this act.

(3) Money in the state school aid fund established under

section 11 of article IX of the state constitution of 1963 shall

not be used for room and board for pupils in a residential public

school.

(4) The superintendent of public instruction may promulgate

rules under this section relating to the boarding of pupils at a

residential public school to facilitate the safety and security of

the pupils.

Sec. 589. (1) A state public university may issue a special

designation under this part for a university school. For the

purposes of this part, a university school is an instructional

program operated by a state public university for some or all of

grades K to 12.

(2) All of the following apply to a university school:

(a) A university school shall comply with the provisions of

this section and section 23 of the state school aid act of 1979,

MCL 388.1623.

(b) A university school shall be established as a separate

public body corporate. The financial accounts of the university

school shall not be consolidated or intermingled with those of the

authorizing state public university or universities.

university shall determine the governance of the university school.

(d) The state public university may enter into matriculation

agreements with the university school, and may enter into

matriculation agreements with other public schools, pursuant to

enrollment standards established by the university school.

(e) The university school may provide that for all or part of

the school, the enrollment is limited, and that applicants must

undergo a competitive review process before admission.

(f) The university school may enroll and charge tuition to

pupils who are not residents of this state or other pupils not

otherwise eligible to be counted in membership under the state

school aid act of 1979.

(g) One or more public universities or community colleges may

enter into matriculation agreements with the university school

assuring pupils enrollment into the state public university or

community college upon meeting the requirements established in the

matriculation agreement.

(3) This section does not limit a state public university from

cooperating with any other public school or enrolling any public

school student for credit or noncredit courses in the state public

university.

Sec. 590. (1) An authorizing body may issue a special

designation under this part for an employer-supported school. For

the purposes of this part, an employer-supported school is a school

designed to retain or encourage employers to locate job-producing

facilities in a manner that encourages employees to locate and

reside in the community in which the job-producing facility is

located.

(2) Before issuing a special designation for an employer-

supported school, the authorizing body shall enter into an

agreement with 1 or more employers that requires the employer or

employers to provide some or all of the following as determined by

the authorizing body, and shall include these requirements in the

special designation agreement:

(a) Assistance in meeting the capital requirements for the

school.

(b) Continuing financial support for the school for the

benefit of all pupils in the school.

the site of the employer.

(3) An authorizing body shall not issue a special designation

for an employer-supported school unless the applicant certifies

that the employer or employers provide or propose to provide

substantial employment in the area in which the school is to be

located.

(4) Two or more employers may jointly enter into an agreement

with an authorizing body for an employer-supported school.

(5) Not more than 75% of the pupils at an employer-supported

school shall be children of employees and contractors of the

employer or employers. At least 25% of the pupils enrolled in the

school shall be selected by random selection of applicants who are

not children of employees or contractors of the employer or

employers and who meet the school's admission policy for applicants

who are not children of employees or contractors of the employer or

employers.

(6) Not more than 1/3 of the members of the board or

governance of the employer-sponsored school may be affiliated with

the employer or employers of the employer-sponsored school. For

purposes of this subsection, "affiliated" means employed by, under

contract with, or a member of the governing board of the employer

or employers, but does not include retired or former employees.

Sec. 591. (1) An authorizing body may issue a special

designation under this part for a cultural institution-affiliated

school. For the purposes of this part, a cultural institution-

affiliated school is a school that is affiliated with an

organization providing cultural services that is either an

organization recognized under section 501(c)(3) of the internal

revenue code or is an instrumentality of government.

(2) Before issuing a special designation for a cultural

institution-affiliated school, an authorizing body shall enter into

an agreement with a cultural institution in which the cultural

institution agrees to provide continuing support and guidance to

the cultural institution-affiliated school in the manner required

under the agreement, and shall include these requirements in the

special designation agreement.

(3) An authorizing body shall not issue a special designation

for a cultural institution-affiliated school unless the cultural

institution agrees to provide continuing support and guidance to

the cultural institution-affiliated school and agrees that it will

comply with the terms of the special designation agreement and all

applicable state laws and will recognize that the cultural

institution-affiliated school is a public school of this state.

(4) Not more than 1/3 of the members of the board or

governance of the school or academy may be affiliated with the

cultural institution. For purposes of this subsection, "affiliated"

means employed by, under contract with, or a member of the

governing body of the cultural institution, but does not include a

person who provides services on a volunteer basis.

Sec. 592. (1) An authorizing body may issue a special

designation under this part for a municipal school. For the

purposes of this part, a municipal school is a school that is

affiliated with a county, city, village, township, or metropolitan

authority.

(2) Before granting a special designation for a municipal

school, an authorizing body shall enter into an agreement with a

county, city, village, township, or metropolitan authority in which

the county, city, village, township, or metropolitan authority

agrees to provide continuing support and guidance to the municipal

school in the manner required under the agreement, and shall

include these requirements in the special designation agreement.

(3) An authorizing body shall not grant a special designation

for a municipal school unless the county, city, village, township,

or metropolitan authority agrees to provide continuing support and

guidance to the municipal school and agrees that it will comply

with the terms of the special designation agreement and all

applicable state laws and will recognize that the municipal school

is a public school of this state.

(4) A municipal school may give enrollment priority to a

resident of the county, city, village, township, or metropolitan

authority in which the municipal school is located.

(5) A member of the board or governance of a municipal school

may be affiliated with the county, city, village, township, or

metropolitan authority. Service by an official of a county, city,

or village on the board of a municipal school is not an

incompatible office under 1978 PA 566, MCL 15.181 to 15.185. For

purposes of this subsection, "affiliated" means employed by, under

contract with, or a member of the governing body of the county,

city, village, township, or metropolitan authority, but does not

include a person who provides services on a volunteer basis.

Sec. 1233c. (1) The governing body of a public school may

contract for an individual to serve as an adjunct instructor to

provide instruction to pupils on an hourly, daily, or other

periodic basis as provided under this section.

(2) The governing body of a public school shall not contract

for an individual to serve as an adjunct instructor unless the

individual possesses a valid adjunct instructor certificate under

this section for the adjunct certification area for which he or she

is providing instruction. The superintendent of public instruction

shall issue an adjunct instructor certificate to an individual for

an adjunct certification area if the department determines that the

individual meets all of the following:

(a) The individual possesses a written letter of interest from

a public school.

(b) The individual possesses a bachelor's, master's, or

doctorate degree from a regionally accredited college or university

and maintained overall postsecondary grade point average of 2.50 or

higher and a grade point average of 2.50 or higher in the

individual's major area of study.

the individual has obtained a passing Praxis score on the Praxis II

examination in the appropriate adjunct certification area.

(d) The individual demonstrates at least 5 years of verifiable

occupational experience within the immediately preceding 10-year

period in the content field of the adjunct certification area or in

a field related to the adjunct certification area.

(e) The individual files a complete application for an adjunct

instructor certification in the form and manner prescribed by the

department and pays a $100.00 application fee. The department may

require that the application include official postsecondary

transcripts, any applicable official Praxis test result reports, or

any other relevant information requested by the department.

(f) If the individual previously served as an adjunct

instructor at any public school, the individual received

satisfactory performance reviews. An individual is not required to

have previously served as an adjunct instructor in order to obtain

an initial adjunct instructor certificate.

(3) Before allowing an individual to serve as an adjunct

instructor to provide instruction to pupils, the governing body

shall ensure that both the public school and the individual comply

with the requirements of sections 1230 to 1230h.

(4) An adjunct instructor shall be a part-time contractor

serving at the public school and shall not be an employee of the

public school. An adjunct instructor is not eligible for continuing

service status or to participate in the retirement system

established under the public school employees retirement act of

1979, 1980 PA 300, MCL 38.1301 to 38.1437. Service as an adjunct

instructor is not creditable for purposes of obtaining a teaching

certificate under this act.

(5) In a single academic year, an adjunct instructor may not

teach more than 2 courses that are offered for academic credit.

(6) If a public school contracts for 1 or more adjunct

instructors, all of the following apply:

(a) The public school shall provide an orientation program for

each adjunct instructor providing educational services at the

public school.

(b) The public school shall assign to each adjunct instructor

a certificated teacher or school administrator to serve as a

mentor. The teacher or school administrator shall be certificated

in the same subject area as the adjunct certification area in which

the adjunct instructor was issued an adjunct instructor

certificate.

(7) A public school may not utilize the services of an adjunct

instructor to meet requirements for highly qualified teachers

imposed under the no child left behind act of 2001, Public Law 107-

110.

(8) An adjunct instructor certificate issued under this

section is valid for a period of 3 years. The department shall not

issue a new or renewal adjunct instructor certificate to an

individual unless the individual meets the requirements of

subsection (2) and, within the 3-year period immediately preceding

his or her application for the new or renewal adjunct instructor

certificate, the individual has completed at least 20 contact hours

of professional development approved by the public school in which

the adjunct instructor is providing educational services.

(9) For the purposes of this section, the superintendent of

public instruction shall determine subject areas that are

appropriate for the use of adjunct instructors under this section

and shall designate those subject areas as recognized adjunct

certification areas. At least annually, the superintendent of

public instruction shall publish a list of the recognized adjunct

certification areas and shall maintain that list on the

department's website.

Sec. 1278a. (1) Except as otherwise provided in this section

or section 1278b, beginning with pupils entering grade 8 in 2006,

the board of a school district or board of directors of a public

school academy shall not award a high school diploma to a pupil

unless the pupil meets all of the following:

(a) Has successfully completed all of the following credit

requirements of the Michigan merit standard before graduating from

high school:

(i) At least 4 credits in mathematics that are aligned with

subject area content expectations developed by the department and

approved by the state board under section 1278b, including

completion of at least algebra I, geometry, and algebra II, or an

integrated sequence of this course content that consists of 3

credits, and an additional mathematics credit, such as

trigonometry, statistics, precalculus, calculus, applied math,

accounting, business math, a retake of algebra II, a course in

financial literacy as described in section 1165. A pupil may

complete algebra II over 2 years with 2 credits awarded or over 1.5

years with 1.5 credits awarded for the purposes of this section and

section 1278b. A pupil also may partially or fully fulfill the

algebra II requirement by completing a department-approved formal

career and technical education program or curriculum that has

appropriate embedded mathematics content, such as a program or

curriculum in electronics, machining, construction, welding,

engineering, or renewable energy. ~~Not later than 30 days after the~~

~~effective date of the amendatory act that added the immediately~~

~~preceding sentence, the department shall post on its website and~~

~~submit to the senate and house standing committees on education~~

~~guidelines for implementation of the immediately preceding~~

~~sentence.~~ Each pupil must successfully complete at least 1

mathematics course during his or her final year of high school

enrollment. This subparagraph does not require completion of

mathematics courses in any particular sequence.

(ii) At least 3 credits in social science that are aligned with

subject area content expectations developed by the department and

approved by the state board under section 1278b, including

completion of at least 1 credit in United States history and

geography, 1 credit in world history and geography, 1/2 credit in

economics, and the civics course described in section 1166(2).

(iii) At least 1 credit in subject matter that includes both

health and physical education aligned with guidelines developed by

the department and approved by the state board under section 1278b.

(iv) At least 1 credit in visual arts, performing arts, or

applied arts, as defined by the department, that is aligned with

guidelines developed by the department and approved by the state

board under section 1278b.

(v) The credit requirements specified in section 1278b(1).

(b) Meets the online course or learning experience requirement

of this subsection. A school district or public school academy

shall provide the basic level of technology and internet access

required by the state board to complete the online course or

learning experience. For a pupil to meet this requirement, the

pupil shall meet ~~either~~ any of the following, as determined by the

school district or public school academy:

(i) Has successfully completed at least 1 course or learning

experience that is presented online, as defined by the department.

(ii) The pupil's school district or public school academy has

integrated an online experience throughout the high school

curriculum by ensuring that each teacher of each course that

provides the required credits of the Michigan merit curriculum has

integrated an online experience into the course.

(iii) The pupil receives up to 2 hours of instruction each

school day through online learning provided under part 20B that is

approved by the pupil's school district or public school academy.

(2) In addition to the requirements under subsection (1),

beginning with pupils entering grade 3 in 2006, the board of a

school district or board of directors of a public school academy

shall not award a high school diploma to a pupil unless the pupil

has successfully completed during grades 9 to 12 at least 2

credits, as determined by the department, in a language other than

English, or the pupil has successfully completed at any time during

grades K to 12 course work or other learning experiences that are

substantially equivalent to 2 credits in a language other than

English, based on guidelines developed by the department. For the

purposes of this subsection, all of the following apply:

(a) American sign language is considered to be a language

other than English.

(b) The pupil may meet all or part of this requirement with

online course work.

(3) The requirements under this section and section 1278b for

a high school diploma are in addition to any local requirements

imposed by the board of a school district or board of directors of

a public school academy. The board of a school district or board of

directors of a public school academy, as a local requirement for a

high school diploma, may require a pupil to complete the Michigan

merit examination under section 1279g or may require a pupil to

participate in the MIAccess assessments if appropriate for the

pupil.

(4) For the purposes of this section and section 1278b, all of

the following apply:

(a) A pupil is considered to have completed a credit if the

pupil successfully completes the subject area content expectations

or guidelines developed by the department that apply to the credit.

(b) A school district or public school academy shall base its

determination of whether a pupil has successfully completed the

subject area content expectations or guidelines developed by the

department that apply to a credit at least in part on the pupil's

performance on the assessments developed or selected by the

department under section 1278b or on 1 or more assessments

developed or selected by the school district or public school

academy that measure a pupil's understanding of the subject area

content expectations or guidelines that apply to the credit.

grant a pupil a credit if the pupil earns a qualifying score, as

determined by the department, on the assessments developed or

selected for the subject area by the department under section 1278b

or the pupil earns a qualifying score, as determined by the school

district or public school academy, on 1 or more assessments

developed or selected by the school district or public school

academy that measure a pupil's understanding of the subject area

content expectations or guidelines that apply to the credit.

(5) If a high school is designated by the superintendent of

public instruction or, for an achievement school, by the chancellor

of the achievement authority, as a specialty school and the high

school meets the requirements of subsection (6), then the pupils of

the high school are not required to successfully complete the 4

credits in English language arts required under section 1278b(1)(a)

or the 3 credits in social science required under subsection

(1)(a)(ii) and the school district or public school academy is not

required to ensure that each pupil is offered the curriculum

necessary for meeting those English language arts or social science

credit requirements. The superintendent of public instruction may

designate up to 15 high schools that meet the requirements of this

subsection as specialty schools. Subject to this maximum number,

the superintendent of public instruction shall designate a high

school as a specialty school if the superintendent of public

instruction finds that the high school meets all of the following

criteria:

(a) The high school incorporates a significant reading and

writing component throughout its curriculum.

(b) The high school uses a specialized, innovative, and

rigorous curriculum in such areas as performing arts, foreign

language, extensive use of internships, or other learning

innovations that conform to pioneering innovations among other

leading national or international high schools.

(6) A high school that is designated by the superintendent of

public instruction or the chancellor of the achievement authority

as a specialty school under subsection (5) is only exempt from

requirements as described under subsection (5) as long as the

superintendent of public instruction or chancellor, as applicable,

finds that the high school continues to meet all of the following

requirements:

(a) The high school clearly states to prospective pupils and

their parents that it does not meet the requirements of the

Michigan merit standard under this section and section 1278b but is

a designated specialty school that is exempt from some of those

requirements and that a pupil who enrolls in the high school and

subsequently transfers to a high school that is not a specialty

school meeting the requirements of this subsection will be required

to comply with the requirements of the Michigan merit standard

under this section and section 1278b.

(b) For the most recent year for which the data are available,

the mean scores on both the mathematics and science portions of the

ACT examination for the pupils of the high school exceed by at

least 10% the mean scores on the mathematics and science portions

of the ACT examination for the pupils of the school district in

which the greatest number of the pupils of the high school reside.

the high school had a graduation rate of at least 85%, as

determined by the department.

(d) For the most recent year for which the data are available,

at least 75% of the pupils who graduated from the high school the

preceding year are enrolled in a postsecondary institution.

(e) All pupils of the high school are required to meet the

mathematics credit requirements of subsection (1)(a)(i), with no

modification of these requirements under section 1278b(5), and each

pupil is offered the curriculum necessary to meet this requirement.

(f) All pupils of the high school are required to meet the

science credit requirements of section 1278b(1)(b) and are also

required to successfully complete at least 1 additional science

credit, for a total of at least 4 science credits, with no

modification of these requirements under section 1278b(5), and each

pupil is offered the curriculum necessary to meet this requirement.

Sec. 1401. (1) The board of a school district may admit

nonresident pupils and out-of-state pupils to the schools of the

school district. The board shall determine the rates of tuition of

the nonresident pupils and out-of state pupils and shall collect

the tuition.

(2) Tuition for grades K to 6 for nonresident pupils shall not

exceed 25% more than the operation cost per capita for the number

of pupils in membership in grades K to 12.

(3) Tuition for grades 7 to 12 for nonresident pupils shall

not exceed 12-1/2% more than 115% of the operation cost per capita

for the number of pupils in membership in grades K to 12.

(4) In a school district not maintaining grades above the

eighth grade, the tuition for nonresident pupils shall not exceed

25% more than the operation cost per capita for the number of

pupils in membership in grades K to 8.

(5) The operation costs and membership figures of the

preceding fiscal year shall be used in determining tuition for

nonresident pupils. The per capita cost used in determining tuition

for nonresident pupils shall not include ~~moneys~~ money expended for

school sites, school building construction, equipment, payment of

bonds, or other purposes not properly included in operation costs

as determined by the ~~state board.~~superintendent of public

instruction.

(6) As used in this part:

(a) "Nonresident pupil" means a pupil who is a resident of

this state but is not a resident of the school district.

(b) "Out-of-state pupil" means a pupil who is not a resident

of this state.

Sec. 1473. (1) The board of a school district, board of

directors of a public school academy, or governing board of a

nonpublic school shall consider providing college level equivalent

courses either directly, through an intermediate district program,

or by agreement in a consortium or cooperative program.

(2) If a public school pupil successfully completes a college

level equivalent course that is offered by electronic means,

including, but not limited to, the internet, digital broadcast, or

satellite network, and is offered by a school district, a public

school academy, a regionally accredited college or university, a

university school, or the Michigan virtual ~~high~~ school described in

section 1481, and if the pupil has been sponsored in this process

by a certificated teacher employed by the pupil's school district,

or public school academy, or university school, the school

district, or public school academy, or university school in which

the pupil is enrolled shall do all of the following:

(a) Grant appropriate high school credit for completion of the

course.

(b) Count that credit toward the graduation and subject area

requirements of the school district or public school academy.

PART 20B

~~MICHIGAN VIRTUAL HIGH SCHOOL~~ ONLINE LEARNING

Sec. 1481. (1) ~~Not later than the beginning of the 2000-2001~~

~~school year, the~~ The Michigan virtual university shall develop,

implement, and operate the Michigan virtual ~~high~~ school, as

described in this section.

(2) The Michigan virtual ~~high~~ school shall have the following

goals:

(a) Significantly expand curricular offerings for ~~high~~ schools

across this state through agreements with school districts or other

public schools or licenses from other recognized providers.

(b) ~~Create a~~ In cooperation with the department, the

achievement authority, and public schools, create 1 or more

statewide instructional ~~model~~ models using interactive multimedia

tools delivered by electronic means, including, but not limited to,

the internet, digital broadcast, or satellite network, for

distributed learning ~~at the high school level.~~in the schools of

this state.

competencies through on-line learning.

(d) Offer ~~high school~~ teachers opportunities to learn new

skills and strategies for developing and delivering instructional

services.

(e) Accelerate this state's ability to respond to current and

emerging educational demands.

(f) Grant high school diplomas through a dual enrollment

method with school districts and other public schools.

(g) Act as a broker for college level equivalent courses, as

defined in section 1471, and dual enrollment courses from

postsecondary education institutions.

(3) The Michigan virtual ~~high~~ school course offerings shall

include, but are not limited to, all of the following:

(a) Information technology courses.

(b) College level equivalent courses, as defined in section

1471.

(d) At-risk programs and services.

(e) General education development test preparation courses for

adjudicated youth.

(f) Special interest courses.

(g) Professional development programs and services for

teachers.

(4) In addition to its other duties under this section, the

Michigan virtual university shall work with the department and

other appropriate state agencies to explore the development and

delivery of a full curriculum for migrant pupils that would be

available through distance learning. ~~The Michigan virtual~~

~~university and the department shall submit a joint report on their~~

~~findings under this subsection to the legislature not later than 1~~

~~year after the effective date of this section.~~

(5) Nonpublic school students and home-schooled children may

participate in course offerings of the Michigan virtual ~~high~~ school

to the same extent they are allowed to participate in school

district course offerings under this act and the state school aid

act of 1979. ~~, 1979 PA 94, MCL 388.1601 to 388.1772.~~

(6) The Michigan virtual university shall fund the Michigan

virtual ~~high~~ school from ~~appropriations made for this purpose and~~

~~may also use funds received~~ fees and revenue received in exchange

for its services from school districts and other schools, from

tuition received from pupils who are not residents of this state,

and from other sources. The department shall provide technical

assistance as requested by the Michigan virtual university for the

purposes of this section.

(7) The Michigan virtual university may act as an educational

management organization for a public school academy, university

school, or achievement school that specializes in online learning.

As used in this subsection, "educational management organization"

means an entity that enters into an agreement with the governing

board of a public school to provide comprehensive educational,

administrative, management, or instructional services or staff to

the public school.

Sec. 1482. (1) It is the policy of this state to utilize the

power and scalability of technology, including, but not limited to,

online courses, to customize education so that a pupil may learn

consistent with the pupil's learning style and preferences and at

the pupil's pace.

(2) A public school shall offer online courses on an open

entry and exit method as determined by the public school. The

public school may provide the online course itself or may contract

with an online course provider for the provision of the online

course.

(3) An online course offered under this section shall be

designed to do 1 or more of the following:

(a) Provide high-quality learning options for a pupil

regardless of language, residence, family income, or special needs.

(b) Provide online learning options enabling a pupil to

acquire knowledge and technology skills necessary to be competitive

technologically anywhere in the world.

traditional classroom learning, allowing a pupil to access learning

virtually at any time and in any place and giving the pupil the

flexibility to take advantage of the pupil's peak learning time.

(d) Provide personalized learning, where a pupil can spend as

little or as much time as the pupil needs to master the material.

(e) Provide greater access to self-paced programs enabling a

high-achieving pupil to accelerate academically and affording a

struggling pupil additional time and help to gain competency.

(4) A public school shall require that an online course be

subject to the same data collection and assessment procedures as

any other course and may impose additional accountability measures

designed to fairly assess what is occurring at a particular school

or by an online provider.

(5) A public school and a teacher in a public school may use

an adjunct instructor authorized under section 1233c for an online

course if the adjunct instructor provides additional value to the

online course, including, but not limited to, community expertise,

technical skills, and competence relevant to the online course, or

widely recognized expertise or reputation in a field.

(6) As used in this section, "open entry and exit method"

means a method of instructional delivery that allows for flexible

scheduling in response to individual pupil needs or requirements

and demonstrated competency when knowledge and skills have been

mastered and that provides pupils with all of the following:

(a) The flexibility to begin or end study at any time.

(b) The ability to progress through course material at the

pupil's pace.

skills have been mastered.

Sec. 1483. (1) In order to expand innovative learning

opportunities for students, promote twenty-first century learning

skills, and reduce educational expenditures through the effective

use of online instructional programs, the public schools shall

provide eligible pupils the option to enroll in online

instructional programs or online courses.

(2) A pupil enrolled in a public school in any of grades 3 to

12 is eligible to enroll in an online instructional program or

online course. With the consent of the pupil's parent or legal

guardian, a public school shall enroll a pupil in online courses as

requested by the pupil, up to 2 online courses during a specific

academic term, semester, or trimester. However, if a pupil has

demonstrated previous success with online courses and the school

leadership and the pupil's parent or guardian determine that it is

in the best interest of the pupil, a pupil may be enrolled in more

than 2 online courses in a specific academic term, semester, or

trimester with the consent of the pupil's parent or legal guardian.

(3) The governing body of a public school shall ensure that

the public school informs parents and pupils at least annually

about the availability of online learning options. For a pupil who

enrolls in 1 or more online instructional programs, the governing

body shall apply a portion of the foundation allowance or per-pupil

payment under the state school aid act of 1979 that is attributable

to the pupil for the cost of the online instructional program.

(4) Using funds provided under the state school and act of

1979, a public school shall do all of the following as necessary to

meet the requirements of this section:

(a) Provide pupils access to school-owned internet-connected

devices to connect to online courses during regular school hours.

(b) Allow pupils to access online courses through the school's

wireless internet service while on school premises with the pupil's

own mobile device.

of their online coursework away from school facilities.

(5) If a pupil successfully completes an instructional program

or online course, the public school in which the pupil is enrolled

shall grant appropriate school credit for completion of the course

and count that credit toward completion of the graduation and

subject area requirements of the public school. A pupil's school

record and transcript shall identify online instructional programs

and online courses, including identification of the online

provider.

(6) A public school is encouraged to provide to a pupil and

parents and guardians academic counseling services that do all of

the following:

(a) Offer technical assistance to assess pupil readiness for

online learning.

(b) Make available to pupils and parents or guardians a list

of approved online providers maintained by the department.

the benefits, challenges, and possible consequences of enrolling in

an online course. A public school is also encouraged to engage

pupils and parents or guardians through the use of informal

contracts or written agreements that outline pupil and parental

responsibilities with regard to online learning.

(7) To assist pupils and their parents or guardians in

selecting appropriate online courses, a public school shall ensure

that all of the following are met with respect to each online

course the public school offers through an online provider:

(a) That each online course offered by an online provider is

of sufficient rigor, depth, and breadth to meet the educational

objectives of the public school.

(b) That each online course offered by an online provider

maintains a level of direct instructional support between pupils

and teachers or adjunct instructors.

offered by the online provider are aligned with the state board

recommended model core academic curriculum content standards under

section 1278 or that the course is not intended to be a course that

meets the recommended model core academic curriculum content

standards.

(d) That the online provider of the online course requires

each member of its instructional staff to hold a valid Michigan

teaching certificate, or an adjunct instructor certificate under

section 1233c, appropriate for the course he or she is teaching,

and provides assurance that the provider, before assigning an

individual to serve as an teacher in an online course, will comply

with sections 1230 and 1230a with respect to that individual to the

same extent as if the provider were a school district employing the

individual as a teacher and will provide the department with the

criminal history record information obtained under section 1230 and

with the results of the criminal records check under section 1230a.

The department of state police shall provide information to a

person or entity requesting information under this subdivision to

the same extent as if the person or entity were a school district

making the request under section 1230 or 1230a.

(e) That the online provider meets the requirements for

accreditation by 1 or more nationally recognized education

accreditation organizations that use a comprehensive program of

evaluation and external review, as approved by the department.

(f) That the online provider agrees to use end-of-course

assessments as they are made available in an online format by the

public school or the department.

(8) Public schools, online providers, and the department may

cooperate to publish an online inventory of online classes and

online providers that meet the requirements of this section.

(9) The department may post and periodically update on its

website a list of online providers and online courses that offer

high-quality online instructional programs to pupils.

(10) For each pupil enrolled in an online instructional

program, an online provider shall make available to the public

school in which the pupil is enrolled and to the pupil's parent or

legal guardian regular pupil progress reports and an end-of-course

achievement score or grade on a timely basis.