SENATE BILL No. 624

 

 

September 7, 2011, Introduced by Senator PAVLOV and referred to the Committee on Education.

 

 

 

     A bill to amend 1979 PA 94, entitled

 

"The state school aid act of 1979,"

 

by amending sections 6 and 105 (MCL 388.1606 and 388.1705), section

 

6 as amended by 2011 PA 62 and section 105 as amended by 2008 PA

 

268; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 6. (1) "Center program" means a program operated by a

 

district or by an intermediate district for special education

 

pupils from several districts in programs for pupils with autism

 

spectrum disorder, pupils with severe cognitive impairment, pupils

 

with moderate cognitive impairment, pupils with severe multiple

 

impairments, pupils with hearing impairment, pupils with visual

 

impairment, and pupils with physical impairment or other health

 

impairment. Programs for pupils with emotional impairment housed in

 


buildings that do not serve regular education pupils also qualify.

 

Unless otherwise approved by the department, a center program

 

either shall serve all constituent districts within an intermediate

 

district or shall serve several districts with less than 50% of the

 

pupils residing in the operating district. In addition, special

 

education center program pupils placed part-time in noncenter

 

programs to comply with the least restrictive environment

 

provisions of section 612 of part B of the individuals with

 

disabilities education act, 20 USC 1412, may be considered center

 

program pupils for pupil accounting purposes for the time scheduled

 

in either a center program or a noncenter program.

 

     (2) "District and high school graduation rate" means the

 

annual completion and pupil dropout rate that is calculated by the

 

center pursuant to nationally recognized standards.

 

     (3) "District and high school graduation report" means a

 

report of the number of pupils, excluding adult participants, in

 

the district for the immediately preceding school year, adjusted

 

for those pupils who have transferred into or out of the district

 

or high school, who leave high school with a diploma or other

 

credential of equal status.

 

     (4) "Membership", except as otherwise provided in this

 

article, means for a district, public school academy, university

 

school, or intermediate district the sum of the product of .90

 

times the number of full-time equated pupils in grades K to 12

 

actually enrolled and in regular daily attendance on the pupil

 

membership count day for the current school year, plus the product

 

of .10 times the final audited count from the supplemental count

 


day for the immediately preceding school year. All pupil counts

 

used in this subsection are as determined by the department and

 

calculated by adding the number of pupils registered for attendance

 

plus pupils received by transfer and minus pupils lost as defined

 

by rules promulgated by the superintendent, and as corrected by a

 

subsequent department audit. For the purposes of this section and

 

section 6a, for a school of excellence that is a cyber school, as

 

defined in section 551 of the revised school code, MCL 380.551, and

 

is in compliance with section 553a of the revised school code, MCL

 

380.553a, a pupil's participation in the cyber school's educational

 

program is considered regular daily attendance. The amount of the

 

foundation allowance for a pupil in membership is determined under

 

section 20. In making the calculation of membership, all of the

 

following, as applicable, apply to determining the membership of a

 

district, public school academy, university school, or intermediate

 

district:

 

     (a) Except as otherwise provided in this subsection, and

 

pursuant to subsection (6), a pupil shall be counted in membership

 

in the pupil's educating district or districts. An individual pupil

 

shall not be counted for more than a total of 1.0 full-time equated

 

membership.

 

     (b) If a pupil is educated in a district other than the

 

pupil's district of residence, if the pupil is not being educated

 

as part of a cooperative education program, if the pupil's district

 

of residence does not give the educating district its approval to

 

count the pupil in membership in the educating district, and if the

 

pupil is not covered by an exception specified in subsection (6) to

 


the requirement that the educating district must have the approval

 

of the pupil's district of residence to count the pupil in

 

membership, the pupil shall not be counted in membership in any

 

district.

 

     (c) A special education pupil educated by the intermediate

 

district shall be counted in membership in the intermediate

 

district.

 

     (d) A pupil placed by a court or state agency in an on-grounds

 

program of a juvenile detention facility, a child caring

 

institution, or a mental health institution, or a pupil funded

 

under section 53a, shall be counted in membership in the district

 

or intermediate district approved by the department to operate the

 

program.

 

     (e) A pupil enrolled in the Michigan schools for the deaf and

 

blind shall be counted in membership in the pupil's intermediate

 

district of residence.

 

     (f) A pupil enrolled in a career and technical education

 

program supported by a millage levied over an area larger than a

 

single district or in an area vocational-technical education

 

program established pursuant to section 690 of the revised school

 

code, MCL 380.690, shall be counted only in the pupil's district of

 

residence.

 

     (g) A pupil enrolled in a university school shall be counted

 

in membership in the university school.

 

     (h) A pupil enrolled in a public school academy shall be

 

counted in membership in the public school academy.

 

     (i) For a new district, university school, or public school

 


academy beginning its operation after December 31, 1994, membership

 

for the first 2 full or partial fiscal years of operation shall be

 

determined as follows:

 

     (i) If operations begin before the pupil membership count day

 

for the fiscal year, membership is the average number of full-time

 

equated pupils in grades K to 12 actually enrolled and in regular

 

daily attendance on the pupil membership count day for the current

 

school year and on the supplemental count day for the current

 

school year, as determined by the department and calculated by

 

adding the number of pupils registered for attendance on the pupil

 

membership count day plus pupils received by transfer and minus

 

pupils lost as defined by rules promulgated by the superintendent,

 

and as corrected by a subsequent department audit, plus the final

 

audited count from the supplemental count day for the current

 

school year, and dividing that sum by 2.

 

     (ii) If operations begin after the pupil membership count day

 

for the fiscal year and not later than the supplemental count day

 

for the fiscal year, membership is the final audited count of the

 

number of full-time equated pupils in grades K to 12 actually

 

enrolled and in regular daily attendance on the supplemental count

 

day for the current school year.

 

     (j) If a district is the authorizing body for a public school

 

academy, then, in the first school year in which pupils are counted

 

in membership on the pupil membership count day in the public

 

school academy, the determination of the district's membership

 

shall exclude from the district's pupil count for the immediately

 

preceding supplemental count day any pupils who are counted in the

 


public school academy on that first pupil membership count day who

 

were also counted in the district on the immediately preceding

 

supplemental count day.

 

     (k) In a district, public school academy, university school,

 

or intermediate district operating an extended school year program

 

approved by the superintendent, a pupil enrolled, but not scheduled

 

to be in regular daily attendance on a pupil membership count day,

 

shall be counted.

 

     (l) Pupils to be counted in membership shall be not less than 5

 

years of age on December 1 and less than 20 years of age on

 

September 1 of the school year except as follows:

 

     (i) A special education pupil who is enrolled and receiving

 

instruction in a special education program or service approved by

 

the department, who does not have a high school diploma, and who is

 

less than 26 years of age as of September 1 of the current school

 

year shall be counted in membership.

 

     (ii) A pupil who is determined by the department to meet all of

 

the following may be counted in membership:

 

     (A) Is enrolled in a public school academy or an alternative

 

education high school diploma program, that is primarily focused on

 

educating homeless pupils and that is located in a city with a

 

population of more than 500,000.

 

     (B) Had dropped out of school for more than 1 year and has re-

 

entered school.

 

     (C) Is less than 22 years of age as of September 1 of the

 

current school year.

 

     (m) An individual who has obtained a high school diploma shall

 


not be counted in membership. An individual who has obtained a

 

general educational development (G.E.D.) certificate shall not be

 

counted in membership unless the individual is a student with a

 

disability as defined in R 340.1702 of the Michigan administrative

 

code. An individual participating in a job training program funded

 

under former section 107a or a jobs program funded under former

 

section 107b, administered by the Michigan strategic fund or the

 

workforce development agency, or participating in any successor of

 

either of those 2 programs, shall not be counted in membership.

 

     (n) If a pupil counted in membership in a public school

 

academy is also educated by a district or intermediate district as

 

part of a cooperative education program, the pupil shall be counted

 

in membership only in the public school academy unless a written

 

agreement signed by all parties designates the party or parties in

 

which the pupil shall be counted in membership, and the

 

instructional time scheduled for the pupil in the district or

 

intermediate district shall be included in the full-time equated

 

membership determination under subdivision (q). However, for pupils

 

receiving instruction in both a public school academy and in a

 

district or intermediate district but not as a part of a

 

cooperative education program, the following apply:

 

     (i) If the public school academy provides instruction for at

 

least 1/2 of the class hours specified in subdivision (q), the

 

public school academy shall receive as its prorated share of the

 

full-time equated membership for each of those pupils an amount

 

equal to 1 times the product of the hours of instruction the public

 

school academy provides divided by the number of hours specified in

 


subdivision (q) for full-time equivalency, and the remainder of the

 

full-time membership for each of those pupils shall be allocated to

 

the district or intermediate district providing the remainder of

 

the hours of instruction.

 

     (ii) If the public school academy provides instruction for less

 

than 1/2 of the class hours specified in subdivision (q), the

 

district or intermediate district providing the remainder of the

 

hours of instruction shall receive as its prorated share of the

 

full-time equated membership for each of those pupils an amount

 

equal to 1 times the product of the hours of instruction the

 

district or intermediate district provides divided by the number of

 

hours specified in subdivision (q) for full-time equivalency, and

 

the remainder of the full-time membership for each of those pupils

 

shall be allocated to the public school academy.

 

     (o) An individual less than 16 years of age as of September 1

 

of the current school year who is being educated in an alternative

 

education program shall not be counted in membership if there are

 

also adult education participants being educated in the same

 

program or classroom.

 

     (p) The department shall give a uniform interpretation of

 

full-time and part-time memberships.

 

     (q) The number of class hours used to calculate full-time

 

equated memberships shall be consistent with section 101(3). In

 

determining full-time equated memberships for pupils who are

 

enrolled in a postsecondary institution, a pupil shall not be

 

considered to be less than a full-time equated pupil solely because

 

of the effect of his or her postsecondary enrollment, including

 


necessary travel time, on the number of class hours provided by the

 

district to the pupil.

 

     (r) Full-time equated memberships for pupils in kindergarten

 

shall be determined by dividing the number of class hours scheduled

 

and provided per year per kindergarten pupil by a number equal to

 

1/2 the number used for determining full-time equated memberships

 

for pupils in grades 1 to 12. However, beginning in 2012-2013,

 

full-time equated memberships for pupils in kindergarten shall be

 

determined by dividing the number of class hours scheduled and

 

provided per year per kindergarten pupil by the same number used

 

for determining full-time equated memberships for pupils in grades

 

1 to 12.

 

     (s) For a district, university school, or public school

 

academy that has pupils enrolled in a grade level that was not

 

offered by the district, university school, or public school

 

academy in the immediately preceding school year, the number of

 

pupils enrolled in that grade level to be counted in membership is

 

the average of the number of those pupils enrolled and in regular

 

daily attendance on the pupil membership count day and the

 

supplemental count day of the current school year, as determined by

 

the department. Membership shall be calculated by adding the number

 

of pupils registered for attendance in that grade level on the

 

pupil membership count day plus pupils received by transfer and

 

minus pupils lost as defined by rules promulgated by the

 

superintendent, and as corrected by subsequent department audit,

 

plus the final audited count from the supplemental count day for

 

the current school year, and dividing that sum by 2.

 


     (t) A pupil enrolled in a cooperative education program may be

 

counted in membership in the pupil's district of residence with the

 

written approval of all parties to the cooperative agreement.

 

     (u) If, as a result of a disciplinary action, a district

 

determines through the district's alternative or disciplinary

 

education program that the best instructional placement for a pupil

 

is in the pupil's home or otherwise apart from the general school

 

population, if that placement is authorized in writing by the

 

district superintendent and district alternative or disciplinary

 

education supervisor, and if the district provides appropriate

 

instruction as described in this subdivision to the pupil at the

 

pupil's home or otherwise apart from the general school population,

 

the district may count the pupil in membership on a pro rata basis,

 

with the proration based on the number of hours of instruction the

 

district actually provides to the pupil divided by the number of

 

hours specified in subdivision (q) for full-time equivalency. For

 

the purposes of this subdivision, a district shall be considered to

 

be providing appropriate instruction if all of the following are

 

met:

 

     (i) The district provides at least 2 nonconsecutive hours of

 

instruction per week to the pupil at the pupil's home or otherwise

 

apart from the general school population under the supervision of a

 

certificated teacher.

 

     (ii) The district provides instructional materials, resources,

 

and supplies, except computers, that are comparable to those

 

otherwise provided in the district's alternative education program.

 

     (iii) Course content is comparable to that in the district's

 


alternative education program.

 

     (iv) Credit earned is awarded to the pupil and placed on the

 

pupil's transcript.

 

     (v) A pupil enrolled in an alternative or disciplinary

 

education program described in section 25 shall be counted in

 

membership in the district or public school academy that is

 

educating the pupil.

 

     (w) If a pupil was enrolled in a public school academy on the

 

pupil membership count day, if the public school academy's contract

 

with its authorizing body is revoked or the public school academy

 

otherwise ceases to operate, and if the pupil enrolls in a district

 

within 45 days after the pupil membership count day, the department

 

shall adjust the district's pupil count for the pupil membership

 

count day to include the pupil in the count.

 

     (x) For a public school academy that has been in operation for

 

at least 2 years and that suspended operations for at least 1

 

semester and is resuming operations, membership is the sum of the

 

product of .90 times the number of full-time equated pupils in

 

grades K to 12 actually enrolled and in regular daily attendance on

 

the first pupil membership count day or supplemental count day,

 

whichever is first, occurring after operations resume, plus the

 

product of .10 times the final audited count from the most recent

 

pupil membership count day or supplemental count day that occurred

 

before suspending operations, as determined by the superintendent.

 

     (y) If a district's membership for a particular fiscal year,

 

as otherwise calculated under this subsection, would be less than

 

1,550 pupils and the district has 4.5 or fewer pupils per square

 


mile, as determined by the department, and, beginning in 2007-2008,

 

if the district does not receive funding under section 22d(2), the

 

district's membership shall be considered to be the membership

 

figure calculated under this subdivision. If a district educates

 

and counts in its membership pupils in grades 9 to 12 who reside in

 

a contiguous district that does not operate grades 9 to 12 and if 1

 

or both of the affected districts request the department to use the

 

determination allowed under this sentence, the department shall

 

include the square mileage of both districts in determining the

 

number of pupils per square mile for each of the districts for the

 

purposes of this subdivision. The membership figure calculated

 

under this subdivision is the greater of the following:

 

     (i) The average of the district's membership for the 3-fiscal-

 

year period ending with that fiscal year, calculated by adding the

 

district's actual membership for each of those 3 fiscal years, as

 

otherwise calculated under this subsection, and dividing the sum of

 

those 3 membership figures by 3.

 

     (ii) The district's actual membership for that fiscal year as

 

otherwise calculated under this subsection.

 

     (z) If a public school academy that is not in its first or

 

second year of operation closes at the end of a school year and

 

does not reopen for the next school year, the department shall

 

adjust the membership count of the district in which a former pupil

 

of the public school academy enrolls and is in regular daily

 

attendance for the next school year to ensure that the district

 

receives the same amount of membership aid for the pupil as if the

 

pupil were counted in the district on the supplemental count day of

 


the preceding school year.

 

     (aa) Full-time equated memberships for preprimary-aged special

 

education pupils who are not enrolled in kindergarten but are

 

enrolled in a classroom program under R 340.1754 of the Michigan

 

administrative code shall be determined by dividing the number of

 

class hours scheduled and provided per year by 450. Full-time

 

equated memberships for preprimary-aged special education pupils

 

who are not enrolled in kindergarten but are receiving early

 

childhood special education services under R 340.1755 of the

 

Michigan administrative code shall be determined by dividing the

 

number of hours of service scheduled and provided per year per

 

pupil by 180.

 

     (bb) A pupil of a district that begins its school year after

 

Labor day who is enrolled in an intermediate district program that

 

begins before Labor day shall not be considered to be less than a

 

full-time pupil solely due to instructional time scheduled but not

 

attended by the pupil before Labor day.

 

     (cc) For the first year in which a pupil is counted in

 

membership on the pupil membership count day in a middle college

 

program, the membership is the average of the full-time equated

 

membership on the pupil membership count day and on the

 

supplemental count day for the current school year, as determined

 

by the department. If a pupil was counted by the operating district

 

on the immediately preceding supplemental count day, the pupil

 

shall be excluded from the district's immediately preceding

 

supplemental count for purposes of determining the district's

 

membership.

 


     (dd) A district that educates a pupil who attends a United

 

States Olympic education center may count the pupil in membership

 

regardless of whether or not the pupil is a resident of this state.

 

     (ee) A pupil enrolled in a district other than the pupil's

 

district of residence pursuant to section 1148(2) of the revised

 

school code, MCL 380.1148, shall be counted in the educating

 

district.

 

     (5) "Public school academy" means that term as defined in the

 

revised school code.

 

     (6) "Pupil" means a person in membership in a public school. A

 

person must be a resident of this state to be counted as a pupil in

 

membership. A district must have the approval of the pupil's

 

district of residence to count the pupil in membership, except

 

approval by the pupil's district of residence is not required for

 

any of the following:

 

     (a) A nonpublic part-time pupil enrolled in grades 1 to 12 in

 

accordance with section 166b.

 

     (b) A pupil receiving 1/2 or less of his or her instruction in

 

a district other than the pupil's district of residence.

 

     (c) A pupil enrolled in a public school academy or university

 

school.

 

     (d) A pupil enrolled in a district other than the pupil's

 

district of residence under an intermediate district schools of

 

choice pilot program as described in section 91a or former section

 

91 if the intermediate district and its constituent districts have

 

been exempted from section 105.

 

     (e) A pupil enrolled in a district other than the pupil's

 


district of residence if the pupil is enrolled in accordance with

 

section 105. or 105c.

 

     (f) A pupil who has made an official written complaint or

 

whose parent or legal guardian has made an official written

 

complaint to law enforcement officials and to school officials of

 

the pupil's district of residence that the pupil has been the

 

victim of a criminal sexual assault or other serious assault, if

 

the official complaint either indicates that the assault occurred

 

at school or that the assault was committed by 1 or more other

 

pupils enrolled in the school the pupil would otherwise attend in

 

the district of residence or by an employee of the district of

 

residence. A person who intentionally makes a false report of a

 

crime to law enforcement officials for the purposes of this

 

subdivision is subject to section 411a of the Michigan penal code,

 

1931 PA 328, MCL 750.411a, which provides criminal penalties for

 

that conduct. As used in this subdivision:

 

     (i) "At school" means in a classroom, elsewhere on school

 

premises, on a school bus or other school-related vehicle, or at a

 

school-sponsored activity or event whether or not it is held on

 

school premises.

 

     (ii) "Serious assault" means an act that constitutes a felony

 

violation of chapter XI of the Michigan penal code, 1931 PA 328,

 

MCL 750.81 to 750.90g, or that constitutes an assault and

 

infliction of serious or aggravated injury under section 81a of the

 

Michigan penal code, 1931 PA 328, MCL 750.81a.

 

     (g) A pupil whose district of residence changed after the

 

pupil membership count day and before the supplemental count day

 


and who continues to be enrolled on the supplemental count day as a

 

nonresident in the district in which he or she was enrolled as a

 

resident on the pupil membership count day of the same school year.

 

     (h) A pupil enrolled in an alternative education program

 

operated by a district other than his or her district of residence

 

who meets 1 or more of the following:

 

     (i) The pupil has been suspended or expelled from his or her

 

district of residence for any reason, including, but not limited

 

to, a suspension or expulsion under section 1310, 1311, or 1311a of

 

the revised school code, MCL 380.1310, 380.1311, and 380.1311a.

 

     (ii) The pupil had previously dropped out of school.

 

     (iii) The pupil is pregnant or is a parent.

 

     (iv) The pupil has been referred to the program by a court.

 

     (v) The pupil is enrolled in an alternative or disciplinary

 

education program described in section 25.

 

     (i) A pupil enrolled in the Michigan virtual high school, for

 

the pupil's enrollment in the Michigan virtual high school.

 

     (j) A pupil who is the child of a person who works at the

 

district or who is the child of a person who worked at the district

 

as of the time the pupil first enrolled in the district but who no

 

longer works at the district due to a workforce reduction. As used

 

in this subdivision, "child" includes an adopted child, stepchild,

 

or legal ward.

 

     (k) An expelled pupil who has been denied reinstatement by the

 

expelling district and is reinstated by another school board under

 

section 1311 or 1311a of the revised school code, MCL 380.1311 and

 

380.1311a.

 


     (l) A pupil enrolled in a district other than the pupil's

 

district of residence in a middle college program if the pupil's

 

district of residence and the enrolling district are both

 

constituent districts of the same intermediate district.

 

     (m) A pupil enrolled in a district other than the pupil's

 

district of residence who attends a United States Olympic education

 

center.

 

     (n) A pupil enrolled in a district other than the pupil's

 

district of residence pursuant to section 1148(2) of the revised

 

school code, MCL 380.1148.

 

     (o) A pupil who enrolls in a district other than the pupil's

 

district of residence as a result of the pupil's school not making

 

adequate yearly progress under the no child left behind act of

 

2001, Public Law 107-110.

 

     However, if a district educates pupils who reside in another

 

district and if the primary instructional site for those pupils is

 

established by the educating district after 2009-2010 and is

 

located within the boundaries of that other district, the educating

 

district must have the approval of that other district to count

 

those pupils in membership.

 

     (7) "Pupil membership count day" of a district or intermediate

 

district means:

 

     (a) Except as provided in subdivision (b), the first Wednesday

 

in October each school year or, for a district or building in which

 

school is not in session on that Wednesday due to conditions not

 

within the control of school authorities, with the approval of the

 

superintendent, the immediately following day on which school is in

 


session in the district or building.

 

     (b) For a district or intermediate district maintaining school

 

during the entire school year, the following days:

 

     (i) Fourth Wednesday in July.

 

     (ii) First Wednesday in October.

 

     (iii) Second Wednesday in February.

 

     (iv) Fourth Wednesday in April.

 

     (8) "Pupils in grades K to 12 actually enrolled and in regular

 

daily attendance" means pupils in grades K to 12 in attendance and

 

receiving instruction in all classes for which they are enrolled on

 

the pupil membership count day or the supplemental count day, as

 

applicable. Except as otherwise provided in this subsection, a

 

pupil who is absent from any of the classes in which the pupil is

 

enrolled on the pupil membership count day or supplemental count

 

day and who does not attend each of those classes during the 10

 

consecutive school days immediately following the pupil membership

 

count day or supplemental count day, except for a pupil who has

 

been excused by the district, shall not be counted as 1.0 full-time

 

equated membership. A pupil who is excused from attendance on the

 

pupil membership count day or supplemental count day and who fails

 

to attend each of the classes in which the pupil is enrolled within

 

30 calendar days after the pupil membership count day or

 

supplemental count day shall not be counted as 1.0 full-time

 

equated membership. In addition, a pupil who was enrolled and in

 

attendance in a district, intermediate district, or public school

 

academy before the pupil membership count day or supplemental count

 

day of a particular year but was expelled or suspended on the pupil

 


membership count day or supplemental count day shall only be

 

counted as 1.0 full-time equated membership if the pupil resumed

 

attendance in the district, intermediate district, or public school

 

academy within 45 days after the pupil membership count day or

 

supplemental count day of that particular year. Pupils not counted

 

as 1.0 full-time equated membership due to an absence from a class

 

shall be counted as a prorated membership for the classes the pupil

 

attended. For purposes of this subsection, "class" means a period

 

of time in 1 day when pupils and a certificated teacher or legally

 

qualified substitute teacher are together and instruction is taking

 

place.

 

     (9) "Rule" means a rule promulgated pursuant to the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     (10) "The revised school code" means 1976 PA 451, MCL 380.1 to

 

380.1852.

 

     (11) "School district of the first class", "first class school

 

district", and "district of the first class" mean a district that

 

had at least 60,000 pupils in membership for the immediately

 

preceding fiscal year.

 

     (12) "School fiscal year" means a fiscal year that commences

 

July 1 and continues through June 30.

 

     (13) "State board" means the state board of education.

 

     (14) "Superintendent", unless the context clearly refers to a

 

district or intermediate district superintendent, means the

 

superintendent of public instruction described in section 3 of

 

article VIII of the state constitution of 1963.

 


     (15) "Supplemental count day" means the day on which the

 

supplemental pupil count is conducted under section 6a.

 

     (16) "Tuition pupil" means a pupil of school age attending

 

school in a district other than the pupil's district of residence

 

for whom tuition may be charged. Tuition pupil does not include a

 

pupil who is a special education pupil or a pupil described in

 

subsection (6)(c) to (o). A pupil's district of residence shall not

 

require a high school tuition pupil, as provided under section 111,

 

to attend another school district after the pupil has been assigned

 

to a school district.

 

     (17) "State school aid fund" means the state school aid fund

 

established in section 11 of article IX of the state constitution

 

of 1963.

 

     (18) "Taxable value" means the taxable value of property as

 

determined under section 27a of the general property tax act, 1893

 

PA 206, MCL 211.27a.

 

     (19) "Textbook" means a book, electronic book, or other

 

instructional print or electronic resource that is selected and

 

approved by the governing board of a district and that contains a

 

presentation of principles of a subject, or that is a literary work

 

relevant to the study of a subject required for the use of

 

classroom pupils, or another type of course material that forms the

 

basis of classroom instruction.

 

     (20) "Total state aid" or "total state school aid" means the

 

total combined amount of all funds due to a district, intermediate

 

district, or other entity under all of the provisions of this

 

article.

 


     (21) "University school" means an instructional program

 

operated by a public university under section 23 that meets the

 

requirements of section 23.

 

     Sec. 105. (1) In order to avoid a penalty under this section,

 

and in order to count a nonresident pupil residing within the same

 

intermediate district in membership without the approval of the

 

pupil's district of residence, a district shall comply with this

 

section.

 

     (2) Except as otherwise provided in this section, a district

 

shall determine whether or not it will has capacity to accept

 

applications for enrollment by nonresident applicants residing

 

within the same intermediate district for the next school year. If

 

the district determines that it has the capacity to accept

 

applications for enrollment of a number of nonresidents, beyond

 

those entitled to preference under this section, the district shall

 

use the following procedures for accepting applications from and

 

enrolling nonresidents:

 

     (a) The district shall publish the grades, schools, and

 

special programs, if any, for which enrollment may be available to,

 

and for which applications will be accepted from, nonresident

 

applicants. residing within the same intermediate district.

 

     (b) If the district has a limited number of positions

 

available for nonresidents residing within the same intermediate

 

district in a grade, school, or program, all of the following apply

 

to accepting applications for and enrollment of nonresidents in

 

that grade, school, or program:

 

     (i) The district shall do all of the following not later than

 


the second Friday in August:

 

     (A) Provide notice to the general public that applications

 

will be taken for a period of at least 15 calendar days but not

 

more than 30 calendar days from nonresidents residing within the

 

same intermediate district for enrollment in that grade, school, or

 

program. The notice shall identify the dates of the application

 

period and the place and manner for submitting applications.

 

     (B) During the application period under sub-subparagraph (A),

 

accept applications from nonresidents residing within the same

 

intermediate district for enrollment in that grade, school, or

 

program.

 

     (C) Within 15 calendar days after the end of the application

 

period under sub-subparagraph (A), using the procedures and

 

preferences required under this section, determine which

 

nonresident applicants will be allowed to enroll in that grade,

 

school, or program, using the random draw system required under

 

subsection (14) as necessary, and notify the parent or legal

 

guardian of each nonresident applicant of whether or not the

 

applicant may enroll in the district. The notification to parents

 

or legal guardians of nonresident applicants accepted for

 

enrollment shall contain notification of the date by which the

 

applicant must enroll in the district and procedures for

 

enrollment. The date for enrollment shall be no later than the end

 

of the first week of school.

 

     (ii) Beginning on the third Monday in August and not later than

 

the end of the first week of school, if any positions become

 

available in a grade, school, or program due to accepted applicants

 


failing to enroll or to more positions being added, the district

 

may shall enroll nonresident applicants from the waiting list

 

maintained under subsection (14), offering enrollment in the order

 

that applicants appear on the waiting list. If there are still

 

positions available after enrolling all applicants from the waiting

 

list who desire to enroll, the district may not fill those

 

positions until the second semester or trimester enrollment under

 

subsection (3), as provided under that subsection, or until the

 

next school year.

 

     (c) For a grade, school, or program that has an unlimited

 

number of positions available for nonresidents, residing within the

 

same intermediate district, all of the following apply to

 

enrollment of nonresidents in that grade, school, or program:

 

     (i) The district may shall accept applications for enrollment

 

in that grade, school, or program, and may shall enroll

 

nonresidents residing within the same intermediate district in that

 

grade, school, or program, until the end of the first week of

 

school. The district shall provide notice to the general public of

 

the place and manner for submitting applications and, if the

 

district has a limited application period, the notice shall include

 

the dates of the application period. The application period shall

 

be at least a 15-calendar-day period.

 

     (ii) Not later than the end of the first week of school, the

 

district shall notify the parent or legal guardian of each

 

nonresident applicant who is accepted for enrollment that the

 

applicant has been accepted for enrollment in the grade, school, or

 

program and of the procedures for enrollment. The date for

 


enrollment shall be no later than the end of the first week of

 

school.

 

     (3) If a district determines during the first semester or

 

trimester of a school year that it has positions available for

 

enrollment of a number of nonresidents, residing within the same

 

intermediate district, beyond those entitled to preference under

 

this section, for the second semester or trimester of the school

 

year, the district may shall accept applications from and enroll

 

nonresidents residing within the same intermediate district for the

 

second semester or trimester using the following procedures:

 

     (a) Not later than 2 weeks before the end of the first

 

semester or trimester, the district shall publish the grades,

 

schools, and special programs, if any, for which enrollment for the

 

second semester or trimester may be available to, and for which

 

applications will be accepted from, nonresident applicants.

 

residing within the same intermediate district.

 

     (b) During the last 2 weeks of the first semester or

 

trimester, the district shall accept applications from nonresidents

 

residing within the same intermediate district for enrollment for

 

the second semester or trimester in the available grades, schools,

 

and programs.

 

     (c) By the beginning of the second semester or trimester,

 

using the procedures and preferences required under this section,

 

the district shall determine which nonresident applicants will be

 

allowed to enroll in the district for the second semester or

 

trimester and notify the parent or legal guardian of each

 

nonresident applicant residing within the same intermediate

 


district of whether or not the applicant may enroll in the

 

district. The notification to parents or legal guardians of

 

nonresident applicants accepted for enrollment shall contain

 

notification of the date by which the applicant must enroll in the

 

district and procedures for enrollment. The date for enrollment

 

shall be no later than the end of the first week of school.

 

     (4) If deadlines similar to those described in subsection (2)

 

or (3) have been established in an intermediate district, and if

 

those deadlines are not later than the deadlines under subsection

 

(2) or (3), the districts within the intermediate district may use

 

those deadlines.

 

     (5) A district offering to enroll nonresident applicants

 

residing within the same intermediate district may limit the number

 

of nonresident pupils it accepts in a grade, school, or program

 

based on available capacity, at its discretion, and may use that

 

limit as the reason for refusal to enroll an applicant.

 

     (6) A nonresident applicant residing within the same

 

intermediate district shall not be granted or refused enrollment

 

based on intellectual, academic, artistic, or other ability,

 

talent, or accomplishment, or lack thereof, or based on a mental or

 

physical disability, except that a district may refuse to admit a

 

nonresident applicant if the applicant does not meet the same

 

criteria, other than residence, that an applicant who is a resident

 

of the district must meet to be accepted for enrollment in a grade

 

or a specialized, magnet, or intra-district choice school or

 

program to which the applicant applies.

 

     (7) A nonresident applicant residing within the same

 


intermediate district shall not be granted or refused enrollment

 

based on age, except that a district may refuse to admit a

 

nonresident applicant applying for a program that is not

 

appropriate for the age of the applicant.

 

     (8) A nonresident applicant residing within the same

 

intermediate district shall not be granted or refused enrollment

 

based upon religion, race, color, national origin, sex, height,

 

weight, marital status, or athletic ability, or, generally, in

 

violation of any state or federal law prohibiting discrimination.

 

     (9) Subject to subsection (10), a district may refuse to

 

enroll a nonresident applicant if any of the following are met:

 

     (a) The applicant is, or has been within the preceding 2

 

years, suspended from another school.

 

     (b) The applicant, at any time before enrolling under this

 

section, has been expelled from another school.

 

     (c) The applicant, at any time before enrolling under this

 

section, has been convicted of a felony.

 

     (10) If a district has counted a pupil in membership on either

 

the pupil membership count day or the supplemental count day, the

 

district shall not refuse to enroll or refuse to continue to enroll

 

that pupil for a reason specified in subsection (9). This

 

subsection does not prohibit a district from expelling a pupil

 

described in this subsection for disciplinary reasons.

 

     (11) A district shall continue to allow a pupil who was

 

enrolled in and attended the district under this section in the

 

school year or semester or trimester immediately preceding the

 

school year or semester or trimester in question to enroll in the

 


district until the pupil graduates from high school. This

 

subsection does not prohibit a district from expelling a pupil

 

described in this subsection for disciplinary reasons.

 

     (12) A district shall give preference for enrollment under

 

this section over all other nonresident applicants residing within

 

the same intermediate district to other school-age children who

 

reside in the same household as a pupil described in subsection

 

(11).

 

     (13) If a nonresident pupil was enrolled in and attending

 

school in a district as a nonresident pupil in the 1995-96 school

 

year and continues to be enrolled continuously each school year in

 

that district, the district shall allow that nonresident pupil to

 

continue to enroll in and attend school in the district until high

 

school graduation, without requiring the nonresident pupil to apply

 

for enrollment under this section. This subsection does not

 

prohibit a district from expelling a pupil described in this

 

subsection for disciplinary reasons.

 

     (14) If the number of qualified nonresident applicants

 

eligible for acceptance in a school, grade, or program does not

 

exceed the positions available for nonresident pupils in the

 

school, grade, or program, the school district shall accept for

 

enrollment all of the qualified nonresident applicants eligible for

 

acceptance. If the number of qualified nonresident applicants

 

residing within the same intermediate district eligible for

 

acceptance exceeds the positions available in a grade, school, or

 

program in a district for nonresident pupils, the district shall

 

use a random draw system, subject to the need to abide by state and

 


federal antidiscrimination laws and court orders and subject to

 

preferences allowed by this section. The district shall develop and

 

maintain a waiting list based on the order in which nonresident

 

applicants were drawn under this random draw system.

 

     (15) If a district, or the nonresident applicant, requests the

 

district in which a nonresident applicant resides to supply

 

information needed by the district for evaluating the applicant's

 

application for enrollment or for enrolling the applicant, the

 

district of residence shall provide that information on a timely

 

basis.

 

     (16) If a district is subject to a court-ordered desegregation

 

plan, and if the court issues an order prohibiting pupils residing

 

in that district from enrolling in another district or prohibiting

 

pupils residing in another district from enrolling in that

 

district, this section is subject to the court order.

 

     (17) This section does not require a district to provide

 

transportation for a nonresident pupil enrolled in the district

 

under this section or for a resident pupil enrolled in another

 

district under this section. However, at the time a nonresident

 

pupil enrolls in the district, a district shall provide to the

 

pupil's parent or legal guardian information on available

 

transportation to and from the school in which the pupil enrolls.

 

     (18) A district may participate in a cooperative education

 

program with 1 or more other districts or intermediate districts

 

whether or not the district enrolls any nonresidents pursuant to

 

this section.

 

     (19) The following apply to enrollment under this section of a

 


nonresident pupil who is eligible for special education programs

 

and services according to statute or rule, or who is a child with

 

disabilities, as defined under the individuals with disabilities

 

education act, Public Law 108-446:

 

     (a) A district that, pursuant to this section, enrolls a

 

nonresident pupil who is eligible for special education programs

 

and services according to statute or rule, or who is a child with

 

disabilities, as defined under the individuals with disabilities

 

education act, Public Law 108-446, If the nonresident pupil resides

 

within the same intermediate district, the district that enrolls

 

the pupil shall be considered to be the resident district of the

 

pupil for the purpose of providing the pupil with a free

 

appropriate public education. Consistent with state and federal

 

law, that district is responsible for developing and implementing

 

an individualized education plan annually for a nonresident pupil

 

described in this subsection.

 

     (b) If the nonresident pupil does not reside within the same

 

intermediate district, then a district or intermediate district

 

shall not enroll the pupil unless the enrolling district or

 

intermediate district has a written agreement with the resident

 

district of the pupil for the purpose of providing the pupil with a

 

free appropriate public education. The written agreement shall

 

include, but is not limited to, an agreement on the responsibility

 

for the payment of the added costs of special education programs

 

and services for the pupil. The written agreement shall address how

 

the agreement shall be amended in the event of significant changes

 

in the costs or level of special education programs or services

 


required by the pupil.

 

     (20) If a district does not comply with this section, the

 

district forfeits 5% of the total state school aid allocation to

 

the district under this act.

 

     (21) Upon application by a district, the superintendent may

 

grant a waiver for the district from a specific requirement under

 

this section for not more than 1 year.

 

     Enacting section 1. Section 105c of the state school aid act

 

of 1979, 1979 PA 94, MCL 388.1705c, is repealed.

 

     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. 620.                                     

 

               

 

     (b) Senate Bill No. 618.                                     

 

              

 

     (c) Senate Bill No. 619.                                       

 

           

 

     (d) Senate Bill No. 621.