HOUSE BILL No. 5501

 

 

EXECUTIVE BUDGET BILL

 

March 20, 2012, Introduced by Rep. Moss and referred to the Committee on Appropriations.

 

       A bill to amend 1979 PA 94, entitled

 

"The state school aid act of 1979,"

 

by amending sections 3, 4, 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18, 18c, 19, 20, 20d,

 

22a, 22b, 22d, 22f, 24, 24a, 24c, 25, 26a, 26b, 31a, 31d, 31f, 32b, 32d, 32j, 39, 39a,

 

51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 93, 94a, 98, 99, 101, 104, 107, 147,

 

147a, 152a, 201, 201a, 203, 206, 208, 213, 219, 222, 223, 224, 225, 226, 229, 236,

 

236a, 241, 242, 244, 245, 251, 252, 254, 256, 258, 263, 265, 267, 269, 270, 275, 275a,

 

276, 277, 278, 279, 280, 281, 282, 283, 284, 286, 289, 291 and 296 (MCL 388.1603,

 

388.1604, 388.1606, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m,

 

388.1615, 388.1618, 388.1618c, 388.1619, 388.1620, 388.1620d, 388.1622a, 388.1622b,

 

388.1622d, 388.1622f, 388.1624, 388.1624a, 388.1624c, 388.1625, 388.1626a, 388.1626b,

 

388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632d, 388.1632j, 388.1639, 388.1639a,

 

388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662,

 


388.1674, 388.1681, 388.1693, 388.1694a, 388.1698, 388.1699, 388.1701, 388.1704,

 

388.1707, 388.1747, 388.1747a, 388.1752a, 388.1801, 388.1801a, 388.1803, 388.1806,

 

388.1808, 388.1813, 388.1819, 388.1822, 388.1823, 388.1824, 388.1825, 388.1826,

 

388.1829, 388.1836, 388.1836a, 388.1841, 388.1842, 388.1844, 388.1845, 388.1851,

 

388.1852, 388.1854, 388.1856, 388.1858, 388.1863, 388.1865, 388.1867, 388.1869,

 

388.1870, 388.1875, 388.1875a, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880,

 

388.1881, 388.1882, 388.1883, 388.1884, 388.1886, 388.1889, 388.1891 and 388.1896),

 

sections 11, 11j, 11m, 22a, 22b, 26a, 31d, 31f, 51a, 51c, 53a, 62, as amended by 2011

 

PA 299, sections 6, 11a, 11g, 11k, 15, 18, 20, 20d, 22d, 24, 24a, 24c, 26b, 31a, 32b,

 

32d, 32j, 39, 39a, 51d, 54, 56, 61a, 74, 81, 93, 94a, 98, 99, 104, 107, 147, 152a, as

 

amended and sections 22f, 147a, 201, 201a, 203, 206, 208, 213, 219, 222, 223, 224,

 

225, 226, 229, 236, 236a, 241, 242, 244, 245, 251, 252, 254, 256, 258, 263, 265, 267,

 

269, 270, 275, 275a, 276, 277, 278, 279, 280, 281, 282, 283, 284, 286, 289, 291, and

 

296 as added by 2011 PA 62, sections 3, 19 and 101 as amended by 2010 PA 110, section

 

4 as amended by 2008 PA 268, section 18c as added by 2000 PA 297, and section 25 as

 

amended by 2011 PA 322; and by adding sections 22g, 95, 202a, 206b, 231, 236b, 237b,

 

265a, 294a, 298, 298a, 298b, and 298c; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

ARTICLE I

 

       Sec. 3. (1) "ACHIEVEMENT AUTHORITY" MEANS THAT TERM AS DEFINED IN PART 7C OF

 

THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.771 TO 380.778.

 

       (2) "ACHIEVEMENT SCHOOL" MEANS A PUBLIC SCHOOL WITHIN THE EDUCATION ACHIEVEMENT

 

SYSTEM OPERATED, MANAGED, AUTHORIZED, ESTABLISHED, OR OVERSEEN BY THE ACHIEVEMENT

 

AUTHORITY. an instructional program operated by an achievement school or otherwise

 

operated, maintained, authorized, established, or overseen by the achievement

 

authority is eligible in the same manner as a district for all applicable categorical

 

and federal aid.

 


       (3) (1) "Average daily attendance", for the purposes of complying with federal

 

law, means 92% of the pupils counted in membership on the pupil membership count day,

 

as defined in section 6(7).

 

       (4) (2) "Board" means the governing body of a district or public school

 

academy.

 

       (5) (3) "Center" means the center for educational performance and information

 

created in section 94a.

 

       (6) (4) "Cooperative education program" means a written voluntary agreement

 

between and among districts to provide certain educational programs for pupils in

 

certain groups of districts. The written agreement shall be approved by all affected

 

districts at least annually and shall specify the educational programs to be provided

 

and the estimated number of pupils from each district who will participate in the

 

educational programs.

 

       (7) (5) "Department", except in section 107, means the department of education.

 

       (8) (6) "District" means a local school district established under the revised

 

school code or, except in sections 6(4), 6(6), 13, 20, 22a, 23, 29, 31a, 51a(15)(14),

 

105, 105c, and 166b, a public school academy. Except in sections 6(4), 6(6), 13, 20,

 

22a, 29, 51a(15), 105, 105c, and 166b, district also includes a university school.

 

EXCEPT IN SECTIONS 6(4), 6(6), 6(8), 6(19), 13, 20, 22a, 31a, 105, 105c, and 166b,

 

DISTRICT ALSO INCLUDES the education achievement system.

 

       (9) (7) "District of residence", except as otherwise provided in this

 

subsection, means the district in which a pupil's custodial parent or parents or legal

 

guardian resides. For a pupil described in section 24b, the pupil's district of

 

residence is the district in which the pupil enrolls under that section. For a pupil

 

described in section 6(4)(d), the pupil's district of residence shall be considered to

 

be the district or intermediate district in which the pupil is counted in membership

 

under that section. For a pupil under court jurisdiction who is placed outside the

 


district in which the pupil's custodial parent or parents or legal guardian resides,

 

the pupil's district of residence shall be considered to be the educating district or

 

educating intermediate district.

 

       (10) (8) "District superintendent" means the superintendent of a district, the

 

chief administrator of a public school academy, or the chief administrator of a

 

university school CHANCELLOR OF THE ACHIEVEMENT AUTHORITY.

 

       Sec. 4. (1) "EDUCATION ACHIEVEMENT SYSTEM" MEANS THAT TERM AS DEFINED IN PART

 

7C OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.771 TO 380.778.

 

       (2) (1) "Elementary pupil" means a pupil in membership in grades K to 8 in a

 

district not maintaining classes above the eighth grade or in grades K to 6 in a

 

district maintaining classes above the eighth grade. For the purposes of calculating

 

universal service fund (e-rate) discounts, "elementary pupil" includes children

 

enrolled in a preschool program operated by a district in its facilities.

 

       (3) (2) "Extended school year" means an educational program conducted by a

 

district in which pupils must be enrolled but not necessarily in attendance on the

 

pupil membership count day in an extended year program. The mandatory clock hours

 

shall be completed by each pupil not more than 365 calendar days after the pupil's

 

first day of classes for the school year prescribed. The department shall prescribe

 

pupil, personnel, and other reporting requirements for the educational program.

 

       (4) (3) "Fiscal year" means the state fiscal year that commences October 1 and

 

continues through September 30.

 

       (5) (4) "General educational development testing preparation program" means a

 

program that has high school level courses in English language arts, social studies,

 

science, and mathematics and that prepares a person to successfully complete the

 

general educational development (GED) test.

 

       (6) (5) "High school pupil" means a pupil in membership in grades 7 to 12,

 

except in a district not maintaining grades above the eighth grade.

 


       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, THE EDUCATION ACHIEVEMENT SYSTEM,

 

or AN 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 OR ONLINE

 

EDUCATIONAL PROGRAM OF THE EDUCATION ACHIEVEMENT SYSTEM OR AN ACHIEVEMENT SCHOOL 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, THE EDUCATION ACHIEVEMENT

 

SYSTEM, 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.

 

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

 

membership in the public school academy.

 

       (H) a pupil enrolled in an ACHIEVEMENT SCHOOL shall be counted in membership in

 

the education achievement system.

 

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

 

ACHIEVEMENT SCHOOL, OR THE EDUCATION ACHIEVEMENT SYSTEM 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, ACHIEVEMENT

 

SCHOOL, THE EDUCATION ACHIEVEMENT SYSTEM 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 OR THE

 

EDUCATION ACHIEVEMENT SYSTEM 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 OR THE EDUCATION ACHIEVEMENT SYSTEM 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 OR THE EDUCATION ACHIEVEMENT SYSTEM 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 OR THE EDUCATION ACHIEVEMENT SYSTEM provides

 

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

 

public school academy OR THE EDUCATION ACHIEVEMENT SYSTEM 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 OR

 

THE EDUCATION ACHIEVEMENT SYSTEM 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 OR THE EDUCATION ACHIEVEMENT SYSTEM 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 OR

 

THE EDUCATION ACHIEVEMENT SYSTEM.

 

       (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 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, OR THE

 

EDUCATION ACHIEVEMENT SYSTEM that has pupils enrolled in a grade level that was not

 

offered by the district, university school, or public school academy, OR THE EDUCATION

 

ACHIEVEMENT SYSTEM 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 OR THE EDUCATION ACHIEVEMENT SYSTEM 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 OR THE EDUCATION ACHIEVEMENT SYSTEM within 45 days after the

 

pupil membership count day, the department shall adjust the district's OR THE

 

EDUCATION ACHIEVEMENT SYSTEM’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 OR THE

 

EDUCATION ACHIEVEMENT SYSTEM 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 OR THE EDUCATION ACHIEVEMENT SYSTEM receives the same amount of membership

 

aid for the pupil as if the pupil were counted in the district OR THE EDUCATION

 

ACHIEVEMENT SYSTEM 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, PUBLIC SCHOOL ACADEMY, OR THE EDUCATION ACHIEVEMENT SYSTEM

 

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 OR THE EDUCATION ACHIEVEMENT SYSTEM.

 

       (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 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 THE

 

EDUCATION ACHIEVEMENT SYSTEM.

 

       (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, OR AN ACHIEVEMENT SCHOOL 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, OR ACHIEVEMENT SCHOOL

 

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

 

OR THE CHANCELLOR OF THE ACHIEVEMENT AUTHORITY FOR AN ACHIEVEMENT SCHOOL, 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.

 

       "University school" means an instructional program operated by a public

 

university under section 23 that meets the requirements of section 23.

 

       Sec. 11. (1) Subject to subsection (3), for the fiscal year ending September

 

30, 2011, SEPTEMBER 30, 2013, there is appropriated for the public schools of this

 


state and certain other state purposes relating to education the sum of

 

$10,784,760,500.00 $10,785,973,400.00 from the state school aid fund and the sum of

 

$18,642,400.00 $200,000,000.00 from the general fund. For the fiscal year ending

 

September 30, 2011, there is also appropriated the remaining balance of the federal

 

funding awarded to this state under title XIV of the American recovery and

 

reinvestment act of 2009, Public Law 111-5, estimated at $184,256,600.00, to be used

 

solely for the purpose of funding the primary funding formula calculated under section

 

20, in accordance with federal law. Subject to subsection (3), for the fiscal year

 

ending September 30, 2012, SEPTEMBER 30, 2014, there is ANTICIPATED TO BE appropriated

 

for the public schools of this state and certain other state purposes relating to

 

education the sum of $10,887,098,700.00 $10,883,951,000.00 from the state school aid

 

fund and the sum of $118,642,400.00 $18,642,400.00 from the general fund. In addition,

 

all other available federal funds, except those otherwise appropriated under section

 

11p, are appropriated EACH FISCAL YEAR for the fiscal year ending September 30, 2011

 

and for the fiscal year ending September 30, 2012 SEPTEMBER 30, 2013 AND FOR THE

 

FISCAL YEAR ENDING SEPTEMBER 30, 2014.

 

       (2) The appropriations under this section shall be allocated as provided in

 

this article. Money appropriated under this section from the general fund shall be

 

expended to fund the purposes of this article before the expenditure of money

 

appropriated under this section from the state school aid fund.

 

       (3) Any general fund allocations under this article that are not expended by

 

the end of the state fiscal year are transferred to the school aid stabilization fund

 

created under section 11a.

 

       Sec. 11a. (1) The school aid stabilization fund is created as a separate

 

account within the state school aid fund established by section 11 of article IX of

 

the state constitution of 1963.

 

       (2) The state treasurer may receive money or other assets from any source for

 


deposit into the school aid stabilization fund. The state treasurer shall deposit into

 

the school aid stabilization fund all of the following:

 

       (a) Unexpended and unencumbered state school aid fund revenue for a fiscal year

 

that remains in the state school aid fund as of the bookclosing for that fiscal year.

 

       (b) Money statutorily dedicated to the school aid stabilization fund.

 

       (c) Money appropriated to the school aid stabilization fund.

 

       (3) Money available in the school aid stabilization fund may not be expended

 

without a specific appropriation from the school aid stabilization fund. Money in the

 

school aid stabilization fund shall be expended only for purposes for which state

 

school aid fund money may be expended.

 

       (4) The state treasurer shall direct the investment of the school aid

 

stabilization fund. The state treasurer shall credit to the school aid stabilization

 

fund interest and earnings from fund investments.

 

       (5) Money in the school aid stabilization fund at the close of a fiscal year

 

shall remain in the school aid stabilization fund and shall not lapse to the

 

unreserved school aid fund balance or the general fund.

 

       (6) If the maximum amount appropriated under section 11 from the state school

 

aid fund for a fiscal year exceeds the amount available for expenditure from the state

 

school aid fund for that fiscal year, there is appropriated from the school aid

 

stabilization fund to the state school aid fund an amount equal to the projected

 

shortfall as determined by the department of treasury, but not to exceed available

 

money in the school aid stabilization fund. If the money in the school aid

 

stabilization fund is insufficient to fully fund an amount equal to the projected

 

shortfall, the state budget director shall notify the legislature as required under

 

section 11(3) and state payments in an amount equal to the remainder of the projected

 

shortfall shall be prorated in the manner provided under section 11(4).

 

       (7) For 2011-2012, 2012-2013, in addition to the appropriations in section 11,

 


there is appropriated from the school aid stabilization fund to the state school aid

 

fund the amount necessary to fully fund the allocations under this article.

 

       Sec. 11g. (1) From the appropriation in section 11, there is allocated for this

 

section an amount not to exceed $39,000,000.00 for the fiscal year ending September

 

30, 2012 SEPTEMBER 30, 2013 and for each succeeding fiscal year through the fiscal

 

year ending September 30, 2015, after which these payments will cease. These

 

allocations are for paying the amounts described in subsection (3) to districts and

 

intermediate districts, other than those receiving a lump-sum payment under section

 

11f(2), that were not plaintiffs in the consolidated cases known as Durant v State of

 

Michigan, Michigan supreme court docket no. 104458-104492 and that, on or before March

 

2, 1998, submitted to the state treasurer a waiver resolution described in section

 

11f. The amounts paid under this section represent offers of settlement and compromise

 

of any claim or claims that were or could have been asserted by these districts and

 

intermediate districts, as described in this section.

 

       (2) This section does not create any obligation or liability of this state to

 

any district or intermediate district that does not submit a waiver resolution

 

described in section 11f. This section and any other provision of this article are not

 

intended to admit liability or waive any defense that is or would be available to this

 

state or its agencies, employees, or agents in any litigation or future litigation

 

with a district or intermediate district regarding  these claims or potential claims.

 

       (3) The amount paid each fiscal year to each district or intermediate district

 

under this section shall be 1 of the following:

 

       (a) If the district or intermediate district does not borrow money and issue

 

bonds under section 11i, 1/30 of the total amount listed in section 11h for the

 

district or intermediate district through the fiscal year ending September 30, 2013.

 

       (b) If the district or intermediate district borrows money and issues bonds

 

under section 11i, an amount in each fiscal year calculated by the department of

 


treasury that is equal to the debt service amount in that fiscal year on the bonds

 

issued by that district or intermediate district under section 11i and that will

 

result in the total payments made to all districts and intermediate districts in each

 

fiscal year under this section being no more than the amount appropriated under this

 

section in each fiscal year.

 

       (4) The entire amount of each payment under this section each fiscal year shall

 

be paid on May 15 of the applicable fiscal year or on the next business day following

 

that date. If a district or intermediate district borrows money and issues bonds under

 

section 11i, the district or intermediate district shall use funds received under this

 

section to pay debt service on bonds issued under section 11i. If a district or

 

intermediate district does not borrow money and issue bonds under section 11i, the

 

district or intermediate district shall use funds received under this section only for

 

the following purposes, in the following order of priority:

 

       (a) First, to pay debt service on voter-approved bonds issued by the district

 

or intermediate district before the effective date of this section.

 

       (b) Second, to pay debt service on other limited tax obligations.

 

       (c) Third, for deposit into a sinking fund established by the district or

 

intermediate district under the revised school code.

 

       (5) To the extent payments under this section are used by a district or

 

intermediate district to pay debt service on debt payable from millage revenues, and

 

to the extent permitted by law, the district or intermediate district may make a

 

corresponding reduction in the number of mills levied for debt service.

 

       (6) A district or intermediate district may pledge or assign payments under

 

this section as security for bonds issued under section 11i, but shall not otherwise

 

pledge or assign payments under this section.

 

       Sec. 11j. From the appropriation in section 11, there is allocated an amount

 

not to exceed $2,837,800.00 for 2010-2011 and an amount not to exceed $93,575,300.00

 


$120,390,000.00 for 2011-2012 2012-2013 AND AN AMOUNT NOT TO EXCEED $131,660,000.00

 

FOR 2013-2014 for payments to the school loan bond redemption fund in the department

 

of treasury on behalf of districts and intermediate districts. Notwithstanding section

 

11 or any other provision of this act, funds allocated under this section are not

 

subject to proration and shall be paid in full.

 

       Sec. 11k. For 2011-2012, 2012-2013, there is appropriated from the general fund

 

to the school loan revolving fund an amount equal to the amount of school bond loans

 

assigned to the Michigan finance authority, not to exceed the total amount of school

 

bond loans held in reserve as long-term assets. As used in this section, "school loan

 

revolving fund" means that fund created in section 16c of the shared credit rating

 

act, 1985 PA 227, MCL 141.1066c.

 

       Sec. 11m. From the appropriations in section 11, there is allocated for 2010-

 

2011 2012-2013 an amount not to exceed $6,847,000.00 $10,000,000.00 and there is

 

allocated for 2011-2012 2013-2014 an amount not to exceed $20,000,000.00 for fiscal

 

year cash-flow borrowing costs solely related to the state school aid fund established

 

by section 11 of article IX of the state constitution of 1963.

 

       Sec. 15. (1) If a district or intermediate district fails to receive its proper

 

apportionment, the department, upon satisfactory proof that the district or

 

intermediate district was entitled justly, shall apportion the deficiency in the next

 

apportionment. Subject to subsections (2) and (3), if a district or intermediate

 

district has received more than its proper apportionment, the department, upon

 

satisfactory proof, shall deduct the excess in the next apportionment. Notwithstanding

 

any other provision in this article, state aid overpayments to a district, other than

 

overpayments in payments for special education or special education transportation,

 

may be recovered from any payment made under this article other than a special

 

education or special education transportation payment. State aid overpayments made in

 

special education or special education transportation payments may be recovered from

 


subsequent special education or special education transportation payments.

 

       (2) If the result of an audit conducted by or for the department affects the

 

current fiscal year membership, affected payments shall be adjusted in the current

 

fiscal year. A deduction due to an adjustment made as a result of an audit conducted

 

by or for the department, or as a result of information obtained by the department

 

from the district, an intermediate district, the department of treasury, or the office

 

of auditor general, shall be deducted from the district's apportionments when the

 

adjustment is finalized. At the request of the district and upon the district

 

presenting evidence satisfactory to the department of the hardship, the department may

 

grant up to an additional 4 years for the adjustment if the district would otherwise

 

experience a significant hardship.

 

       (3) If, because of the receipt of new or updated data, the department

 

determines during a fiscal year that the amount paid to a district or intermediate

 

district under this act ARTICLE for a prior fiscal year was incorrect under the law in

 

effect for that year, the department may make the appropriate deduction or payment in

 

the district's or intermediate district's allocation for the fiscal year in which the

 

determination is made. The deduction or payment shall be calculated according to the

 

law in effect in the fiscal year in which the improper amount was paid.

 

       (4) Expenditures made by the department under this article that are caused by

 

the write-off of prior year accruals may be funded by revenue from the write-off of

 

prior year accruals.

 

       (5) In addition to funds appropriated in section 11 for all programs and

 

services, there is appropriated for 2011-2012 2012-2013 for obligations in excess of

 

applicable appropriations an amount equal to the collection of overpayments, but not

 

to exceed amounts available from overpayments.

 

       Sec. 18. (1) Except as provided in another section of this article, each

 

district or other entity shall apply the money received by the district or entity

 


under this article to salaries and other compensation of teachers and other employees,

 

tuition, transportation, lighting, heating, ventilation, water service, the purchase

 

of textbooks which are designated by the board to be used in the schools under the

 

board's charge, other supplies, and any other school operating expenditures defined in

 

section 7. However, not more than 20% of the total amount received by a district or

 

intermediate district under this article may be transferred by the board to either the

 

capital projects fund or to the debt retirement fund for debt service. The money shall

 

not be applied or taken for a purpose other than as provided in this section. The

 

department shall determine the reasonableness of expenditures and may withhold from a

 

recipient of funds under this article the apportionment otherwise due upon a violation

 

by the recipient.

 

       (2) Within 30 days after a board adopts its annual operating budget for the

 

following school fiscal year, or after a board adopts a subsequent revision to that

 

budget, the district shall make all of the following available through a link on its

 

website home page, or may make the information available through a link on its

 

intermediate district's website home page, in a form and manner prescribed by the

 

department:

 

       (a) The annual operating budget and subsequent budget revisions.

 

       (b) Using data that have already been collected and submitted to the

 

department, a summary of district expenditures for the most recent fiscal year for

 

which they are available, expressed in the following 2 pie charts:

 

       (i) A chart of personnel expenditures, broken into the following subcategories:

 

       (A) Salaries and wages.

 

       (B) Employee benefit costs, including, but not limited to, medical, dental,

 

vision, life, disability, and long-term care benefits.

 

       (C) Retirement benefit costs.

 

       (D) All other personnel costs.

 


       (ii) A chart of all district expenditures, broken into the following

 

subcategories:

 

       (A) Instruction.

 

       (B) Support services.

 

       (C) Business and administration.

 

       (D) Operations and maintenance.

 

       (c) Links to all of the following:

 

       (i) The current collective bargaining agreement for each bargaining unit.

 

       (ii) Each health care benefits plan, including, but not limited to, medical,

 

dental, vision, disability, long-term care, or any other type of benefits that would

 

constitute health care services, offered to any bargaining unit or employee in the

 

district.

 

       (iii) The audit report of the audit conducted under subsection (4) for the most

 

recent fiscal year for which it is available.

 

       (iv) The bids required under section 5 of the public employee health benefits

 

act, 2007 PA 106, MCL 124.75.

 

       (d) The total salary and a description and cost of each fringe benefit included

 

in the compensation package for the superintendent of the district and for each

 

employee of the district whose salary exceeds $100,000.00.

 

       (e) The annual amount spent on dues paid to associations.

 

       (f) The annual amount spent on lobbying or lobbying services. As used in this

 

subdivision, "lobbying" means that term as defined in section 5 of 1978 PA 472, MCL

 

4.415.

 

       (3) For the information required under subsection (2)(a), (2)(b)(i), and

 

(2)(c), an intermediate district shall provide the same information in the same manner

 

as required for a district under subsection (2).

 

       (4) For the purpose of determining the reasonableness of expenditures and

 


whether a violation of this article has occurred, all of the following apply:

 

       (a) The department shall require that each district and intermediate district

 

have an audit of the district's or intermediate district's financial and pupil

 

accounting records conducted at least annually at the expense of the district or

 

intermediate district, as applicable, by a certified public accountant or by the

 

intermediate district superintendent, as may be required by the department, or in the

 

case of a district of the first class by a certified public accountant, the

 

intermediate superintendent, or the auditor general of the city.

 

       (b) If a district operates in a single building with fewer than 700 full-time

 

equated pupils, if the district has stable membership, and if the error rate of the

 

immediately preceding 2 pupil accounting field audits of the district is less than 2%,

 

the district may have a pupil accounting field audit conducted biennially but must

 

continue to have desk audits for each pupil count. The auditor must document

 

compliance with the audit cycle in the pupil auditing manual. As used in this

 

subdivision, "stable membership" means that the district's membership for the current

 

fiscal year varies from the district's membership for the immediately preceding fiscal

 

year by less than 5%.

 

       (c) A district's or intermediate district's annual financial audit shall

 

include an analysis of the financial and pupil accounting data used as the basis for

 

distribution of state school aid.

 

       (d) The pupil and financial accounting records and reports, audits, and

 

management letters are subject to requirements established in the auditing and

 

accounting manuals approved and published by the department.

 

       (e) All of the following shall be done not later than November 15 each year:

 

       (i) A district shall file the annual financial audit reports with the

 

intermediate district and the department.

 

       (ii) The intermediate district shall file the annual financial audit reports

 


for the intermediate district with the department.

 

       (iii) The intermediate district shall enter the pupil membership audit reports

 

for its constituent districts and for the intermediate district, for the pupil

 

membership count day and supplemental count day, in the Michigan student data system.

 

       (f) The annual financial audit reports and pupil accounting procedures reports

 

shall be available to the public in compliance with the freedom of information act,

 

1976 PA 442, MCL 15.231 to 15.246.

 

       (g) Not later than January 31 of each year, the department shall notify the

 

state budget director and the legislative appropriations subcommittees responsible for

 

review of the school aid budget of districts and intermediate districts that have not

 

filed an annual financial audit and pupil accounting procedures report required under

 

this section for the school year ending in the immediately preceding fiscal year.

 

       (5) By November 15 of each year, each district and intermediate district shall

 

submit to the center, in a manner prescribed by the center, annual comprehensive

 

financial data consistent with accounting manuals and charts of accounts approved and

 

published by the department. For an intermediate district, the report shall also

 

contain the website address where the department can access the report required under

 

section 620 of the revised school code, MCL 380.620. The department shall ensure that

 

the prescribed Michigan public school accounting manual chart of accounts includes

 

standard conventions to distinguish expenditures by allowable fund function and

 

object. The functions shall include at minimum categories for instruction, pupil

 

support, instructional staff support, general administration, school administration,

 

business administration, transportation, facilities operation and maintenance,

 

facilities acquisition, and debt service; and shall include object classifications of

 

salary, benefits, including categories for active employee health expenditures,

 

purchased services, supplies, capital outlay, and other. Districts shall report the

 

required level of detail consistent with the manual as part of the comprehensive

 


annual financial report.

 

       (6) By September 30 of each year, each district and intermediate district shall

 

file with the department the special education actual cost report, known as "SE-4096",

 

on a form and in the manner prescribed by the department.

 

       (7) By October 7 of each year, each district and intermediate district shall

 

file with the center the transportation expenditure report, known as "SE-4094", on a

 

form and in the manner prescribed by the center.

 

       (8) The department shall review its pupil accounting and pupil auditing manuals

 

at least annually and shall periodically update those manuals to reflect changes in

 

this article.

 

       (9) If a district that is a public school academy purchases property using

 

money received under this article, the public school academy shall retain ownership of

 

the property unless the public school academy sells the property at fair market value.

 

       (10) If a district or intermediate district does not comply with subsections

 

(4), (5), (6), and (7), the department shall withhold all state school aid due to the

 

district or intermediate district under this article, beginning with the next payment

 

due to the district or intermediate district, until the district or intermediate

 

district complies with subsections (4), (5), (6), and (7). If the district or

 

intermediate district does not comply with subsections (4), (5), (6), and (7) by the

 

end of the fiscal year, the district or intermediate district forfeits the amount

 

withheld.

 

       Sec. 18c. Any contract, mortgage, loan, or other instrument of indebtedness

 

entered into by a public school academy, THE ACHIEVEMENT AUTHORITY, OR AN ACHIEVEMENT

 

SCHOOL receiving funds under this act and a third party does not constitute an

 

obligation, either general, special, or moral, of this state or of an authorizing

 

body. The full faith and credit or the taxing power of this state or any agency of

 

this state, or the full faith and credit of an authorizing body, shall not be pledged

 


for the payment of any contract, mortgage, loan, or other instrument of indebtedness

 

entered into by a public school academy, THE ACHIEVEMENT AUTHORITY, OR AN ACHIEVEMENT

 

SCHOOL.

 

       Sec. 19. (1) A district or intermediate district shall comply with all

 

applicable reporting requirements specified in state and federal law. Data provided to

 

the center, in a form and manner prescribed by the center, shall be aggregated and

 

disaggregated as required by state and federal law. In addition, a district or

 

intermediate district shall cooperate with all measures taken by the center to comply

 

with the provisions of the American recovery and reinvestment act of 2009, Public Law

 

111-5, requiring the establishment of a statewide ESTABLISH AND MAINTAIN A P-20

 

longitudinal data system.

 

       (2) Each district shall furnish to the center not later than 5 weeks after the

 

pupil membership count day AND BY JUNE 30 OF THE CURRENT SCHOOL YEAR, in a manner

 

prescribed by the center, the information necessary for the preparation of the

 

district and high school graduation report. This information shall meet requirements

 

established in the pupil auditing manual approved and published by the department. The

 

center shall calculate an annual graduation and pupil dropout rate for each high

 

school, each district, and this state, in compliance with nationally recognized

 

standards for these calculations. The center shall report all graduation and dropout

 

rates to the senate and house education committees and appropriations committees, the

 

state budget director, and the department not later than 30 days after the publication

 

of the list described in subsection (6).

 

       (3) By the first business day in December and by June 30 of each year, a

 

district shall furnish to the center, in a manner prescribed by the center,

 

information related to educational personnel as necessary for reporting required by

 

state and federal law.

 

       (4) By June 30 of each year, a district shall furnish to the center, in a

 


manner prescribed by the center, information related to safety practices and criminal

 

incidents as necessary for reporting required by state and federal law.

 

       (5) If a district or intermediate district fails to meet the requirements of

 

this section, the department shall withhold 5% of the total funds for which the

 

district or intermediate district qualifies under this act ARTICLE until the district

 

or intermediate district complies with all of those subsections. If the district or

 

intermediate district does not comply with all of those subsections by the end of the

 

fiscal year, the department shall place the amount withheld in an escrow account until

 

the district or intermediate district complies with all of those subsections.

 

       (6) Before publishing a list of schools or districts determined to have failed

 

to make adequate yearly progress as required by the no child left behind act of 2001,

 

Public Law 107-110, the department shall allow a school or district to appeal that

 

determination. The department shall consider and act upon the appeal within 30 days

 

after it is submitted and shall not publish the list until after all appeals have been

 

considered and decided.

 

       Sec. 20. (1) For 2011-2012, 2012-2013 AND 2013-2014, the basic foundation

 

allowance is $8,019.00.

 

       (2) The amount of each district's foundation allowance shall be calculated as

 

provided in this section, using a basic foundation allowance in the amount specified

 

in subsection (1).

 

       (3) Except as otherwise provided in this section, the amount of a district's

 

foundation allowance shall be calculated as follows, using in all calculations the

 

total amount of the district's foundation allowance as calculated before any

 

proration:

 

       (a) For a district that had a foundation allowance for the immediately

 

preceding state fiscal year that was at least equal to the sum of $7,108.00 plus the

 

total dollar amount of all adjustments made from 2006-2007 to the immediately

 


preceding state fiscal year in the lowest foundation allowance among all districts,

 

but less than the basic foundation allowance for the immediately preceding state

 

fiscal year, the district shall receive a foundation allowance in an amount equal to

 

the sum of the district's foundation allowance for the immediately preceding state

 

fiscal year plus the difference between twice the dollar amount of the adjustment from

 

the immediately preceding state fiscal year to the current state fiscal year made in

 

the basic foundation allowance and [(the dollar amount of the adjustment from the

 

immediately preceding state fiscal year to the current state fiscal year made in the

 

basic foundation allowance minus $20.00) times (the difference between the district's

 

foundation allowance for the immediately preceding state fiscal year and the sum of

 

$7,108.00 plus the total dollar amount of all adjustments made from 2006-2007 to the

 

immediately preceding state fiscal year in the lowest foundation allowance among all

 

districts) divided by the difference between the basic foundation allowance for the

 

current state fiscal year and the sum of $7,108.00 plus the total dollar amount of all

 

adjustments made from 2006-2007 to the immediately preceding state fiscal year in the

 

lowest foundation allowance among all districts]. For 2011-2012, 2012-2013 AND 2013-

 

2014, for a district that had a foundation allowance for the immediately preceding

 

state fiscal year that was at least equal to the sum of $7,108.00 plus the total

 

dollar amount of all adjustments made from 2006-2007 to the immediately preceding

 

state fiscal year in the lowest foundation allowance among all districts, but less

 

than the basic foundation allowance for the immediately preceding state fiscal year,

 

the district shall receive a foundation allowance in an amount equal to the district's

 

foundation allowance for 2010-2011, minus $470.00 THE IMMEDIATELY PRECEDING STATE

 

FISCAL YEAR. However, the foundation allowance for a district that had less than the

 

basic foundation allowance for the immediately preceding state fiscal year shall not

 

exceed the basic foundation allowance for the current state fiscal year.

 

       (b) Except as otherwise provided in this subsection, for a district that in the

 


immediately preceding state fiscal year had a foundation allowance in an amount at

 

least equal to the amount of the basic foundation allowance for the immediately

 

preceding state fiscal year, the district shall receive a foundation allowance for

 

2011-2012 2012-2013 AND 2013-2014 in an amount equal to the district's foundation

 

allowance for 2010-2011, minus $470.00 THE IMMEDIATELY PRECEDING STATE FISCAL YEAR.

 

       (c) Except as otherwise provided in subdivision (d), for a district that in the

 

1994-95 state fiscal year had a foundation allowance greater than $6,500.00, the

 

district's foundation allowance is an amount equal to the sum of the district's

 

foundation allowance for the immediately preceding state fiscal year plus the lesser

 

of the increase in the basic foundation allowance for the current state fiscal year,

 

as compared to the immediately preceding state fiscal year, or the product of the

 

district's foundation allowance for the immediately preceding state fiscal year times

 

the percentage increase in the United States consumer price index in the calendar year

 

ending in the immediately preceding fiscal year as reported by the May revenue

 

estimating conference conducted under section 367b of the management and budget act,

 

1984 PA 431, MCL 18.1367b. Except as otherwise provided in subdivision (d), for 2011-

 

2012, 2012-2013 AND 2013-2014, for a district that in the 1994-1995 state fiscal year

 

had a foundation allowance greater than $6,500.00, the district's foundation allowance

 

is an amount equal to the district's foundation allowance for the 2010-2011 fiscal

 

year minus $470.00 IMMEDIATELY PRECEDING STATE FISCAL YEAR.

 

       (d) For a district that in the 1994-95 state fiscal year had a foundation

 

allowance greater than $6,500.00 and that had a foundation allowance for the 2009-2010

 

state fiscal year, as otherwise calculated under this section, that was less than the

 

basic foundation allowance, the district's foundation allowance for 2011-2012 and each

 

succeeding fiscal year shall be considered to be an amount equal to the basic

 

foundation allowance.

 

       (e) For a district that has a foundation allowance that is not a whole dollar

 


amount, the district's foundation allowance shall be rounded up to the nearest whole

 

dollar.

 

       (f) For a district that received a payment under section 22c as that section

 

was in effect for 2001-2002, the district's 2001-2002 foundation allowance shall be

 

considered to have been an amount equal to the sum of the district's actual 2001-2002

 

foundation allowance as otherwise calculated under this section plus the per pupil

 

amount of the district's equity payment for 2001-2002 under section 22c as that

 

section was in effect for 2001-2002.

 

       (g) For a district that received a payment under section 22c as that section

 

was in effect for 2006-2007, the district's 2006-2007 foundation allowance shall be

 

considered to have been an amount equal to the sum of the district's actual 2006-2007

 

foundation allowance as otherwise calculated under this section plus the per pupil

 

amount of the district's equity payment for 2006-2007 under section 22c as that

 

section was in effect for 2006-2007.

 

       (4) Except as otherwise provided in this subsection, the state portion of a

 

district's foundation allowance is an amount equal to the district's foundation

 

allowance or the basic foundation allowance for the current state fiscal year,

 

whichever is less, minus the difference between the sum of the product of the taxable

 

value per membership pupil of all property in the district that is nonexempt property

 

times the district's certified mills and, for a district with certified mills

 

exceeding 12, the product of the taxable value per membership pupil of property in the

 

district that is commercial personal property times the certified mills minus 12 mills

 

and the quotient of the ad valorem property tax revenue of the district captured under

 

tax increment financing acts divided by the district's membership excluding special

 

education pupils. For a district described in subsection (3)(c), the state portion of

 

the district's foundation allowance is an amount equal to $6,962.00 plus the

 

difference between the district's foundation allowance for the current state fiscal

 


year and the district's foundation allowance for 1998-99, minus the difference between

 

the sum of the product of the taxable value per membership pupil of all property in

 

the district that is nonexempt property times the district's certified mills and, for

 

a district with certified mills exceeding 12, the product of the taxable value per

 

membership pupil of property in the district that is commercial personal property

 

times the certified mills minus 12 mills and the quotient of the ad valorem property

 

tax revenue of the district captured under tax increment financing acts divided by the

 

district's membership excluding special education pupils. For a district that has a

 

millage reduction required under section 31 of article IX of the state constitution of

 

1963, the state portion of the district's foundation allowance shall be calculated as

 

if that reduction did not occur.

 

       (5) The allocation calculated under this section for a pupil shall be based on

 

the foundation allowance of the pupil's district of residence. However, for a pupil

 

enrolled in a district other than the pupil's district of residence, if the foundation

 

allowance of the pupil's district of residence has been adjusted pursuant to

 

subsection (15), the allocation calculated under this section shall not include the

 

adjustment described in subsection (15). For a pupil enrolled pursuant to section 105

 

or 105c in a district other than the pupil's district of residence, the allocation

 

calculated under this section shall be based on the lesser of the foundation allowance

 

of the pupil's district of residence or the foundation allowance of the educating

 

district. For a pupil in membership in a K-5, K-6, or K-8 district who is enrolled in

 

another district in a grade not offered by the pupil's district of residence, the

 

allocation calculated under this section shall be based on the foundation allowance of

 

the educating district if the educating district's foundation allowance is greater

 

than the foundation allowance of the pupil's district of residence.

 

       (6) Subject to subsection (7) and except EXCEPT as otherwise provided in this

 

subsection, for pupils in membership, other than special education pupils, in a public

 


school academy or a university school, the allocation calculated under this section is

 

an amount per membership pupil other than special education pupils in the public

 

school academy or university school equal to the foundation allowance of the district

 

in which the public school academy or university school is located or the state

 

maximum public school academy allocation, whichever is less. However, a public school

 

academy or university school that had an allocation under this subsection before 2009-

 

2010 that was equal to the sum of the local school operating revenue per membership

 

pupil other than special education pupils for the district in which the public school

 

academy or university school is located and the state portion of that district's

 

foundation allowance shall not have that allocation reduced as a result of the 2010

 

amendment to this subsection. Notwithstanding section 101, for a public school academy

 

that begins operations after the pupil membership count day, the amount per membership

 

pupil calculated under this subsection shall be adjusted by multiplying that amount

 

per membership pupil by the number of hours of pupil instruction provided by the

 

public school academy after it begins operations, as determined by the department,

 

divided by the minimum number of hours of pupil instruction required under section

 

101(3). The result of this calculation shall not exceed the amount per membership

 

pupil otherwise calculated under this subsection.

 

       (7) If more than 25% of the pupils residing within a district are in membership

 

in 1 or more public school academies located in the district, then the amount per

 

membership pupil calculated under this section for a public school academy located in

 

the district shall be reduced by an amount equal to the difference between the sum of

 

the product of the taxable value per membership pupil of all property in the district

 

that is nonexempt property times the district's certified mills and, for a district

 

with certified mills exceeding 12, the product of the taxable value per membership

 

pupil of property in the district that is commercial personal property times the

 

certified mills minus 12 mills and the quotient of the ad valorem property tax revenue

 


of the district captured under tax increment financing acts divided by the district's

 

membership excluding special education pupils, in the school fiscal year ending in the

 

current state fiscal year, calculated as if the resident pupils in membership in 1 or

 

more public school academies located in the district were in membership in the

 

district. In order to receive state school aid under this article, a district

 

described in this subsection shall pay to the authorizing body that is the fiscal

 

agent for a public school academy located in the district for forwarding to the public

 

school academy an amount equal to that local school operating revenue per membership

 

pupil for each resident pupil in membership other than special education pupils in the

 

public school academy, as determined by the department.

 

       (7) EXCEPT as otherwise provided in this subsection, for pupils ATTENDING AN

 

ACHIEVEMENT SCHOOL AND in membership IN THE EDUCATION ACHIEVEMENT SYSTEM, other than

 

special education pupils, the allocation calculated under this section is an amount

 

per membership pupil other than special education pupils WITHIN THE EDUCATION

 

ACHIEVEMENT SYSTEM attending an ACHIEVEMENT SCHOOL equal to the foundation allowance

 

of the school district in which the achievement school is located. Notwithstanding

 

section 101, for AN ACHIEVEMENT SCHOOL that begins operation after the pupil

 

membership count day, the amount per membership pupil calculated under this subsection

 

shall be adjusted by multiplying that amount per membership pupil by the number of

 

hours of pupil instruction provided by the ACHIEVEMENT SCHOOL after it begins

 

operations, as determined by the department, divided by the minimum number of hours of

 

pupil instruction required under section 101(3). The result of this calculation shall

 

not exceed the amount per membership pupil otherwise calculated under this subsection.

 

THE EDUCATION ACHIEVEMENT SYSTEM INCLUDES ALL PUBLIC SCHOOLS TRANSFERRED TO THE STATE

 

SCHOOL REFORM/REDESIGN DISTRICT OR THE AUTHORITY UNDER SECTION 1280C OF THE REVISED

 

SCHOOL CODE. PUPILS ATTENDING AN ACHIEVEMENT SCHOOL TRANSFERRED TO THE STATE SCHOOL

 

REFORM/REDESIGN DISTRICT OR THE AUTHORITY ARE IN MEMBERSHIP IN THE EDUCATION

 


ACHIEVEMENT SYSTEM AND NOT IN MEMBERSHIP IN THE DISTRICT THAT OPERATED THE SCHOOL

 

BEFORE THE TRANSFER.

 

       (8) Subject to subsection (4), for a district that is formed or reconfigured

 

after June 1, 2002 by consolidation of 2 or more districts or by annexation, the

 

resulting district's foundation allowance under this section beginning after the

 

effective date of the consolidation or annexation shall be the average of the

 

foundation allowances of each of the original or affected districts, calculated as

 

provided in this section, weighted as to the percentage of pupils in total membership

 

in the resulting district who reside in the geographic area of each of the original or

 

affected districts.

 

       (9) Each fraction used in making calculations under this section shall be

 

rounded to the fourth decimal place and the dollar amount of an increase in the basic

 

foundation allowance shall be rounded to the nearest whole dollar.

 

       (10) State payments related to payment of the foundation allowance for a

 

special education pupil are not calculated under this section but are instead

 

calculated under section 51a.

 

       (11) To assist the legislature in determining the basic foundation allowance

 

for the subsequent state fiscal year, each revenue estimating conference conducted

 

under section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b, shall

 

calculate a pupil membership factor, a revenue adjustment factor, and an index as

 

follows:

 

       (a) The pupil membership factor shall be computed by dividing the estimated

 

membership in the school year ending in the current state fiscal year, excluding

 

intermediate district membership, by the estimated membership for the school year

 

ending in the subsequent state fiscal year, excluding intermediate district

 

membership. If a consensus membership factor is not determined at the revenue

 

estimating conference, the principals of the revenue estimating conference shall

 


report their estimates to the house and senate subcommittees responsible for school

 

aid appropriations not later than 7 days after the conclusion of the revenue

 

conference.

 

       (b) The revenue adjustment factor shall be computed by dividing the sum of the

 

estimated total state school aid fund revenue for the subsequent state fiscal year

 

plus the estimated total state school aid fund revenue for the current state fiscal

 

year, adjusted for any change in the rate or base of a tax the proceeds of which are

 

deposited in that fund and excluding money transferred into that fund from the

 

countercyclical budget and economic stabilization fund under the management and budget

 

act, 1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated total school aid

 

fund revenue for the current state fiscal year plus the estimated total state school

 

aid fund revenue for the immediately preceding state fiscal year, adjusted for any

 

change in the rate or base of a tax the proceeds of which are deposited in that fund.

 

If a consensus revenue factor is not determined at the revenue estimating conference,

 

the principals of the revenue estimating conference shall report their estimates to

 

the house and senate subcommittees responsible for school aid appropriations not later

 

than 7 days after the conclusion of the revenue conference.

 

       (c) The index shall be calculated by multiplying the pupil membership factor by

 

the revenue adjustment factor. However, for 2011-2012, 2012-2013 AND 2013-2014, the

 

index shall be 0.93575 1.00. If a consensus index is not determined at the revenue

 

estimating conference, the principals of the revenue estimating conference shall

 

report their estimates to the house and senate subcommittees responsible for school

 

aid appropriations not later than 7 days after the conclusion of the revenue

 

conference.

 

       (12) If the principals at the revenue estimating conference reach a consensus

 

on the index described in subsection (11)(c), the lowest foundation allowance among

 

all districts for the subsequent state fiscal year shall be at least the amount of

 


that consensus index multiplied by the lowest foundation allowance among all districts

 

for the immediately preceding state fiscal year.

 

       (12) (13) For a district in which 7.75 mills levied in 1992 for school

 

operating purposes in the 1992-93 school year were not renewed in 1993 for school

 

operating purposes in the 1993-94 school year, the district's combined state and local

 

revenue per membership pupil shall be recalculated as if that millage reduction did

 

not occur and the district's foundation allowance shall be calculated as if its 1994-

 

95 foundation allowance had been calculated using that recalculated 1993-94 combined

 

state and local revenue per membership pupil as a base. A district is not entitled to

 

any retroactive payments for fiscal years before 2000-2001 due to this subsection. A

 

district receiving an adjustment under this subsection shall not receive as a result

 

of this adjustment an amount that exceeds 50% of the amount the district received as a

 

result of this adjustment for 2010-2011. This adjustment shall not be made after 2011-

 

2012.

 

       (13) (14) For a district in which an industrial facilities exemption

 

certificate that abated taxes on property with a state equalized valuation greater

 

than the total state equalized valuation of the district at the time the certificate

 

was issued or $700,000,000.00, whichever is greater, was issued under 1974 PA 198, MCL

 

207.551 to 207.572, before the calculation of the district's 1994-95 foundation

 

allowance, the district's foundation allowance for 2002-2003 is an amount equal to the

 

sum of the district's foundation allowance for 2002-2003, as otherwise calculated

 

under this section, plus $250.00. A district receiving an adjustment under this

 

subsection shall not receive as a result of this adjustment an amount that exceeds 50%

 

of the amount the district received as a result of this adjustment for 2010-2011. This

 

adjustment shall not be made after 2011-2012.

 

       (14) (15) For a district that received a grant under former section 32e for

 

2001-2002, the district's foundation allowance for 2002-2003 and each succeeding

 


fiscal year shall be adjusted to be an amount equal to the sum of the district's

 

foundation allowance, as otherwise calculated under this section, plus the quotient of

 

100% of the amount of the grant award to the district for 2001-2002 under former

 

section 32e divided by the number of pupils in the district's membership for 2001-2002

 

who were residents of and enrolled in the district. Except as otherwise provided in

 

this subsection, a district qualifying for a foundation allowance adjustment under

 

this subsection shall use the funds resulting from this adjustment for at least 1 of

 

grades K to 3 for purposes allowable under former section 32e as in effect for 2001-

 

2002, and may also use these funds for an early intervening program described in

 

subsection (20). For an individual school or schools operated by a district qualifying

 

for a foundation allowance under this subsection that have been determined by the

 

department to meet the adequate yearly progress standards of the federal no child left

 

behind act of 2001, Public Law 107-110, in both mathematics and English language arts

 

at all applicable grade levels for all applicable subgroups, the district may submit

 

to the department an application for flexibility in using the funds resulting from

 

this adjustment that are attributable to the pupils in the school or schools. The

 

application shall identify the affected school or schools and the affected funds and

 

shall contain a plan for using the funds for specific purposes identified by the

 

district that are designed to reduce class size, but that may be different from the

 

purposes otherwise allowable under this subsection. The department shall approve the

 

application if the department determines that the purposes identified in the plan are

 

reasonably designed to reduce class size. If the department does not act to approve or

 

disapprove an application within 30 days after it is submitted to the department, the

 

application is considered to be approved. If an application for flexibility in using

 

the funds is approved, the district may use the funds identified in the application

 

for any purpose identified in the plan. A district receiving an adjustment under this

 

subsection shall not receive as a result of this adjustment an amount that exceeds

 


68.5% of the amount the district received as a result of this adjustment for 2010-

 

2011. This adjustment shall not be made after 2011-2012.

 

       (15) (16) For a district that levied 1.9 mills in 1993 to finance an operating

 

deficit, the district's foundation allowance shall be calculated as if those mills

 

were included as operating mills in the calculation of the district's 1994-1995

 

foundation allowance. A district is not entitled to any retroactive payments for

 

fiscal years before 2006-2007 due to this subsection. A district receiving an

 

adjustment under this subsection shall not receive more than $800,000.00 for a fiscal

 

year as a result of this adjustment. A district receiving an adjustment under this

 

subsection shall not receive as a result of this adjustment an amount that exceeds 50%

 

of the amount the district received as a result of this adjustment for 2010-2011. This

 

adjustment shall not be made after 2011-2012.

 

       (16) (17) For a district that levied 2.23 mills in 1993 to finance an operating

 

deficit, the district's foundation allowance shall be calculated as if those mills

 

were included as operating mills in the calculation of the district's 1994-1995

 

foundation allowance. A district is not entitled to any retroactive payments for

 

fiscal years before 2006-2007 due to this subsection. A district receiving an

 

adjustment under this subsection shall not receive more than $500,000.00 for a fiscal

 

year as a result of this adjustment. A district receiving an adjustment under this

 

subsection shall not receive as a result of this adjustment an amount that exceeds 50%

 

of the amount the district received as a result of this adjustment for 2010-2011. This

 

adjustment shall not be made after 2011-2012.

 

       (17) (18) Payments to districts, university schools, or public school

 

academies, OR THE EDUCATION ACHIEVEMENT SYSTEM shall not be made under this section.

 

Rather, the calculations under this section shall be used to determine the amount of

 

state payments under section 22b.

 

       (18) (19) If an amendment to section 2 of article VIII of the state

 


constitution of 1963 allowing state aid to some or all nonpublic schools is approved

 

by the voters of this state, each foundation allowance or per pupil payment

 

calculation under this section may be reduced.

 

       (19) (20) As used in this section:

 

       (a) "Certified mills" means the lesser of 18 mills or the number of mills of

 

school operating taxes levied by the district in 1993-94.

 

       (b) "Combined state and local revenue" means the aggregate of the district's

 

state school aid received by or paid on behalf of the district under this section and

 

the district's local school operating revenue.

 

       (c) "Combined state and local revenue per membership pupil" means the

 

district's combined state and local revenue divided by the district's membership

 

excluding special education pupils.

 

       (d) "Current state fiscal year" means the state fiscal year for which a

 

particular calculation is made.

 

       (e) "Immediately preceding state fiscal year" means the state fiscal year

 

immediately preceding the current state fiscal year.

 

       (f) "Local school operating revenue" means school operating taxes levied under

 

section 1211 of the revised school code, MCL 380.1211.

 

       (g) "Local school operating revenue per membership pupil" means a district's

 

local school operating revenue divided by the district's membership excluding special

 

education pupils.

 

       (h) "Maximum public school academy allocation", except as otherwise provided in

 

this subdivision, means the maximum per-pupil allocation as calculated by adding the

 

highest per-pupil allocation among all public school academies for the immediately

 

preceding state fiscal year plus the difference between twice the dollar amount of the

 

adjustment from the immediately preceding state fiscal year to the current state

 

fiscal year made in the basic foundation allowance and [(the dollar amount of the

 


adjustment from the immediately preceding state fiscal year to the current state

 

fiscal year made in the basic foundation allowance minus $20.00) times (the difference

 

between the highest per-pupil allocation among all public school academies for the

 

immediately preceding state fiscal year and the sum of $7,108.00 plus the total dollar

 

amount of all adjustments made from 2006-2007 to the immediately preceding state

 

fiscal year in the lowest per-pupil allocation among all public school academies)

 

divided by the difference between the basic foundation allowance for the current state

 

fiscal year and the sum of $7,108.00 plus the total dollar amount of all adjustments

 

made from 2006-2007 to the immediately preceding state fiscal year in the lowest per-

 

pupil allocation among all public school academies]. For 2011-2012, 2012-2013 AND

 

2013-2014, maximum public school academy allocation means $7,110.00.

 

       (i) "Membership" means the definition of that term under section 6 as in effect

 

for the particular fiscal year for which a particular calculation is made.

 

       (j) "Nonexempt property" means property that is not a principal residence,

 

qualified agricultural property, qualified forest property, supportive housing

 

property, industrial personal property, or commercial personal property.

 

       (k) "Principal residence", "qualified agricultural property", "qualified forest

 

property", "supportive housing property", "industrial personal property", and

 

"commercial personal property" mean those terms as defined in section 1211 of the

 

revised school code, MCL 380.1211.

 

       (l) "School operating purposes" means the purposes included in the operation

 

costs of the district as prescribed in sections 7 and 18.

 

       (m) "School operating taxes" means local ad valorem property taxes levied under

 

section 1211 of the revised school code, MCL 380.1211, and retained for school

 

operating purposes.

 

       (n) "Tax increment financing acts" means 1975 PA 197, MCL 125.1651 to 125.1681,

 

the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the

 


local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield

 

redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, or the corridor

 

improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899.

 

       (o) "Taxable value per membership pupil" means taxable value, as certified by

 

the department of treasury, for the calendar year ending in the current state fiscal

 

year divided by the district's membership excluding special education pupils for the

 

school year ending in the current state fiscal year.

 

       Sec. 20d. In making the final determination required under former section 20a

 

of a district's combined state and local revenue per membership pupil in 1993-94 and

 

in making calculations under section 20 for 2011-2012, 2012-2013, the department and

 

the department of treasury shall comply with all of the following:

 

       (a) For a district that had combined state and local revenue per membership

 

pupil in the 1994-95 state fiscal year of $6,500.00 or more and served as a fiscal

 

agent for a state board designated area vocational education center in the 1993-94

 

school year, total state school aid received by or paid on behalf of the district

 

pursuant to this act in 1993-94 shall exclude payments made under former section 146

 

and under section 147 on behalf of the district's employees who provided direct

 

services to the area vocational education center. Not later than June 30, 1996, the

 

department shall make an adjustment under this subdivision to the district's combined

 

state and local revenue per membership pupil in the 1994-95 state fiscal year and the

 

department of treasury shall make a final certification of the number of mills that

 

may be levied by the district under section 1211 of the revised school code, MCL

 

380.1211, as a result of the adjustment under this subdivision.

 

       (b) If a district had an adjustment made to its 1993-94 total state school aid

 

that excluded payments made under former section 146 and under section 147 on behalf

 

of the district's employees who provided direct services for intermediate district

 

center programs operated by the district under article 5, if nonresident pupils

 


attending the center programs were included in the district's membership for purposes

 

of calculating the combined state and local revenue per membership pupil for 1993-94,

 

and if there is a signed agreement by all constituent districts of the intermediate

 

district that an adjustment under this subdivision shall be made, the foundation

 

allowances for 1995-96 and 1996-97 of all districts that had pupils attending the

 

intermediate district center program operated by the district that had the adjustment

 

shall be calculated as if their combined state and local revenue per membership pupil

 

for 1993-94 included resident pupils attending the center program and excluded

 

nonresident pupils attending the center program.

 

       Sec. 22a. (1) From the appropriation in section 11, there is allocated an

 

amount not to exceed $5,831,273,900.00 $5,707,000,000.00 for 2010-2011 2012-2013 and

 

an amount not to exceed $5,691,000,000.00 $5,592,000,000.00 for 2011-2012 2013-2014

 

for payments to districts, qualifying university schools, and qualifying public school

 

academies to guarantee each district, qualifying university school, and qualifying

 

public school academy an amount equal to its 1994-95 total state and local per pupil

 

revenue for school operating purposes under section 11 of article IX of the state

 

constitution of 1963. Pursuant to section 11 of article IX of the state constitution

 

of 1963, this guarantee does not apply to a district in a year in which the district

 

levies a millage rate for school district operating purposes less than it levied in

 

1994. However, subsection (2) applies to calculating the payments under this section.

 

Funds allocated under this section that are not expended in the state fiscal year for

 

which they were allocated, as determined by the department, may be used to supplement

 

the allocations under sections 22b and 51c in order to fully fund those calculated

 

allocations for the same fiscal year.

 

       (2) To ensure that a district receives an amount equal to the district’s 1994-

 

95 total state and local per pupil revenue for school operating purposes, there is

 

allocated to each district a state portion of the district’s 1994-95 foundation

 


allowance in an amount calculated as follows:

 

       (a) Except as otherwise provided in this subsection, the state portion of a

 

district’s 1994-95 foundation allowance is an amount equal to the district’s 1994-95

 

foundation allowance or $6,500.00, whichever is less, minus the difference between the

 

sum of the product of the taxable value per membership pupil of all property in the

 

district that is nonexempt property times the district’s certified mills and, for a

 

district with certified mills exceeding 12, the product of the taxable value per

 

membership pupil of property in the district that is commercial personal property

 

times the certified mills minus 12 mills and the quotient of the ad valorem property

 

tax revenue of the district captured under tax increment financing acts divided by the

 

district’s membership. For a district that has a millage reduction required under

 

section 31 of article IX of the state constitution of 1963, the state portion of the

 

district’s foundation allowance shall be calculated as if that reduction did not

 

occur.

 

       (b) For a district that had a 1994-95 foundation allowance greater than

 

$6,500.00, the state payment under this subsection shall be the sum of the amount

 

calculated under subdivision (a) plus the amount calculated under this subdivision.

 

The amount calculated under this subdivision shall be equal to the difference between

 

the district’s 1994-95 foundation allowance minus $6,500.00 and the current year hold

 

harmless school operating taxes per pupil. If the result of the calculation under

 

subdivision (a) is negative, the negative amount shall be an offset against any state

 

payment calculated under this subdivision. If the result of a calculation under this

 

subdivision is negative, there shall not be a state payment or a deduction under this

 

subdivision. The taxable values per membership pupil used in the calculations under

 

this subdivision are as adjusted by ad valorem property tax revenue captured under tax

 

increment financing acts divided by the district’s membership.

 

       (3) Beginning in 2003-2004, for pupils in membership in a qualifying public

 


school academy or qualifying university school, there is allocated under this section

 

to the authorizing body that is the fiscal agent for the qualifying public school

 

academy for forwarding to the qualifying public school academy, or to the board of the

 

public university operating the qualifying university school, an amount equal to the

 

1994-95 per pupil payment to the qualifying public school academy or qualifying

 

university school under section 20.

 

       (4) A district, qualifying university school, or qualifying public school

 

academy may use funds allocated under this section in conjunction with any federal

 

funds for which the district, qualifying university school, or qualifying public

 

school academy otherwise would be eligible.

 

       (5) For a district that is formed or reconfigured after June 1, 2000 by

 

consolidation of 2 or more districts or by annexation, the resulting district’s 1994-

 

95 foundation allowance under this section beginning after the effective date of the

 

consolidation or annexation shall be the average of the 1994-95 foundation allowances

 

of each of the original or affected districts, calculated as provided in this section,

 

weighted as to the percentage of pupils in total membership in the resulting district

 

in the state fiscal year in which the consolidation takes place who reside in the

 

geographic area of each of the original districts. If an affected district’s 1994-95

 

foundation allowance is less than the 1994-95 basic foundation allowance, the amount

 

of that district’s 1994-95 foundation allowance shall be considered for the purpose of

 

calculations under this subsection to be equal to the amount of the 1994-95 basic

 

foundation allowance.

 

       (6) As used in this section:

 

       (a) "1994-95 foundation allowance" means a district’s 1994-95 foundation

 

allowance calculated and certified by the department of treasury or the superintendent

 

under former section 20a as enacted in 1993 PA 336 and as amended by 1994 PA 283.

 

       (b) "Certified mills" means the lesser of 18 mills or the number of mills of

 


school operating taxes levied by the district in 1993-94.

 

       (c) "Current state fiscal year" means the state fiscal year for which a

 

particular calculation is made.

 

       (d) "Current year hold harmless school operating taxes per pupil" means the per

 

pupil revenue generated by multiplying a district’s 1994-95 hold harmless millage by

 

the district’s current year taxable value per membership pupil.

 

       (e) "Hold harmless millage" means, for a district with a 1994-95 foundation

 

allowance greater than $6,500.00, the number of mills by which the exemption from the

 

levy of school operating taxes on a homestead, qualified agricultural property,

 

qualified forest property, supportive housing property, industrial personal property,

 

and commercial personal property could be reduced as provided in section 1211 of the

 

revised school code, MCL 380.1211, and the number of mills of school operating taxes

 

that could be levied on all property as provided in section 1211(2) of the revised

 

school code, MCL 380.1211, as certified by the department of treasury for the 1994 tax

 

year.

 

       (f) "Homestead", "qualified agricultural property", "qualified forest

 

property", "supportive housing property", "industrial personal property", and

 

"commercial personal property" mean those terms as defined in section 1211 of the

 

revised school code, MCL 380.1211.

 

       (g) "Membership" means the definition of that term under section 6 as in effect

 

for the particular fiscal year for which a particular calculation is made.

 

       (h) "Nonexempt property" means property that is not a principal residence,

 

qualified agricultural property, qualified forest property, supportive housing

 

property, industrial personal property, or commercial personal property.

 

       (i) "Qualifying public school academy" means a public school academy that was

 

in operation in the 1994-95 school year and is in operation in the current state

 

fiscal year.

 


       (j) "Qualifying university school" means a university school that was in

 

operation in the 1994-95 school year and is in operation in the current fiscal year.

 

       (J) (k) "School operating taxes" means local ad valorem property taxes levied

 

under section 1211 of the revised school code, MCL 380.1211, and retained for school

 

operating purposes.

 

       (K) (l) "Tax increment financing acts" means 1975 PA 197, MCL 125.1651 to

 

125.1681, the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to

 

125.1830, the local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174,

 

the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, or

 

the corridor improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899.

 

       (L) (m) "Taxable value per membership pupil" means each of the following

 

divided by the district’s membership:

 

       (i) For the number of mills by which the exemption from the levy of school

 

operating taxes on a homestead, qualified agricultural property, qualified forest

 

property, supportive housing property, industrial personal property, and commercial

 

personal property may be reduced as provided in section 1211 of the revised school

 

code, MCL 380.1211, the taxable value of homestead, qualified agricultural property,

 

qualified forest property, supportive housing property, industrial personal property,

 

and commercial personal property for the calendar year ending in the current state

 

fiscal year.

 

       (ii) For the number of mills of school operating taxes that may be levied on

 

all property as provided in section 1211(2) of the revised school code, MCL 380.1211,

 

the taxable value of all property for the calendar year ending in the current state

 

fiscal year.

 

       Sec. 22b. (1) From the state funds appropriated in section 11, there is

 

allocated for 2010-2011 2012-2013 an amount not to exceed $3,551,097,700.00

 

$3,027,000,000.00 and there is allocated for 2011-2012 2013-2014 an amount not to

 


exceed $3,032,300,000.00 $3,106,000,000.00 for discretionary nonmandated payments to

 

districts under this section. Funds allocated under this section that are not expended

 

in the state fiscal year for which they were allocated, as determined by the

 

department, may be used to supplement the allocations under sections 22a and 51c in

 

order to fully fund those calculated allocations for the same fiscal year.

 

       (2) In addition to the funds allocated in subsection (1), there is allocated an

 

amount estimated at $184,256,600.00 for 2010-2011 from the federal funds awarded to

 

this state under title XIV of the American recovery and reinvestment act of 2009,

 

Public Law 111-5. These funds shall be distributed in a form and manner determined by

 

the department based on an equal dollar amount per the number of membership pupils

 

used to calculate the final state aid payment of the immediately preceding fiscal year

 

and shall be expended in a manner prescribed by federal law.

 

       (2) (3) Subject to subsection (4) (3) and section 11, the allocation to a

 

district under this section shall be an amount equal to the sum of the amounts

 

calculated under sections 20, 51a(2), 51a(3), and 51a(12) (11), minus the sum of the

 

allocations to the district under sections 22a and 51c.

 

       (3) (4) In order to receive an allocation under subsection (1), each district

 

shall do all of the following:

 

       (a) Administer in each grade level that it operates in grades 1 to 5 a

 

standardized assessment approved by the department of grade-appropriate basic

 

educational skills. A district may use the Michigan literacy progress profile to

 

satisfy this requirement for grades 1 to 3. Also, if the revised school code is

 

amended to require annual assessments at additional grade levels, in order to receive

 

an allocation under this section each district shall comply with that requirement.

 

       (b) Comply with sections 1278a and 1278b of the revised school code, MCL

 

380.1278a and 380.1278b.

 

       (c) Furnish data and other information required by state and federal law to the

 


center and the department in the form and manner specified by the center or the

 

department, as applicable.

 

       (d) Comply with section 1230g of the revised school code, MCL 380.1230g.

 

       (4) (5) Districts are encouraged to use funds allocated under this section for

 

the purchase and support of payroll, human resources, and other business function

 

software that is compatible with that of the intermediate district in which the

 

district is located and with other districts located within that intermediate

 

district.

 

       (5) (6) From the allocation in subsection (1), the department shall pay up to

 

$1,000,000.00 in litigation costs incurred by this state related to commercial or

 

industrial property tax appeals, including, but not limited to, appeals of

 

classification, that impact revenues dedicated to the state school aid fund.

 

       (6) (7) From the allocation in subsection (1), the department shall pay up to

 

$1,000,000.00 in litigation costs incurred by this state associated with lawsuits

 

filed by 1 or more districts or intermediate districts against this state. If the

 

allocation under this section is insufficient to fully fund all payments required

 

under this section, the payments under this subsection shall be made in full before

 

any proration of remaining payments under this section.

 

       (7) (8) It is the intent of the legislature that all constitutional obligations

 

of this state have been fully funded under sections 22a, 31d, 51a, 51c, and 152a. If a

 

claim is made by an entity receiving funds under this article that challenges the

 

legislative determination of the adequacy of this funding or alleges that there exists

 

an unfunded constitutional requirement, the state budget director may escrow or

 

allocate from the discretionary funds for nonmandated payments under this section the

 

amount as may be necessary to satisfy the claim before making any payments to

 

districts under subsection (3). If funds are escrowed, the escrowed funds are a work

 

project appropriation and the funds are carried forward into the following fiscal

 


year. The purpose of the work project is to provide for any payments that may be

 

awarded to districts as a result of litigation. The work project shall be completed

 

upon resolution of the litigation.

 

       (8) (9) If the local claims review board or a court of competent jurisdiction

 

makes a final determination that this state is in violation of section 29 of article

 

IX of the state constitution of 1963 regarding state payments to districts, the state

 

budget director shall use work project funds under subsection (8) (7) or allocate from

 

the discretionary funds for nonmandated payments under this section the amount as may

 

be necessary to satisfy the amount owed to districts before making any payments to

 

districts under subsection (3) (2).

 

       (9) (10) If a claim is made in court that challenges the legislative

 

determination of the adequacy of funding for this state’s constitutional obligations

 

or alleges that there exists an unfunded constitutional requirement, any interested

 

party may seek an expedited review of the claim by the local claims review board. If

 

the claim exceeds $10,000,000.00, this state may remove the action to the court of

 

appeals, and the court of appeals shall have and shall exercise jurisdiction over the

 

claim.

 

       (10) (11) If payments resulting from a final determination by the local claims

 

review board or a court of competent jurisdiction that there has been a violation of

 

section 29 of article IX of the state constitution of 1963 exceed the amount allocated

 

for discretionary nonmandated payments under this section, the legislature shall

 

provide for adequate funding for this state’s constitutional obligations at its next

 

legislative session.

 

       (11) (12) If a lawsuit challenging payments made to districts related to costs

 

reimbursed by federal title XIX medicaid funds is filed against this state, then, for

 

the purpose of addressing potential liability under such a lawsuit, the state budget

 

director may place funds allocated under this section in escrow or allocate money from

 


the funds otherwise allocated under this section, up to a maximum of 50% of the amount

 

allocated in subsection (1). If funds are placed in escrow under this subsection,

 

those funds are a work project appropriation and the funds are carried forward into

 

the following fiscal year. The purpose of the work project is to provide for any

 

payments that may be awarded to districts as a result of the litigation. The work

 

project shall be completed upon resolution of the litigation. In addition, this state

 

reserves the right to terminate future federal title XIX medicaid reimbursement

 

payments to districts if the amount or allocation of reimbursed funds is challenged in

 

the lawsuit. As used in this subsection, "title XIX" means title XIX of the social

 

security act, 42 USC 1396 to 1396v.

 

       Sec. 22d. (1) From the appropriation in section 11, an amount not to exceed

 

$2,025,000.00 is allocated EACH FISCAL YEAR for 2011-2012 2012-13 AND 2013-2014 for

 

supplemental payments to rural districts under this section.

 

       (2) From the allocation under subsection (1), there is allocated EACH FISCAL

 

YEAR for 2011-2012 2012-2013 AND 2013-2014 an amount not to exceed $750,000.00 for

 

payments under this subsection to districts that meet all of the following:

 

       (a) Operates grades K to 12.

 

       (b) Has fewer than 250 pupils in membership.

 

       (c) Each school building operated by the district meets at least 1 of the

 

following:

 

       (i) Is located in the Upper Peninsula at least 30 miles from any other public

 

school building.

 

       (ii) Is located on an island that is not accessible by bridge.

 

       (3) The amount of the additional funding to each eligible district under

 

subsection (2) shall be determined under a spending plan developed as provided in this

 

subsection and approved by the superintendent of public instruction. The spending plan

 

shall be developed cooperatively by the intermediate superintendents of each

 


intermediate district in which an eligible district is located. The intermediate

 

superintendents shall review the financial situation of each eligible district,

 

determine the minimum essential financial needs of each eligible district, and develop

 

and agree on a spending plan that distributes the available funding under subsection

 

(2) to the eligible districts based on those financial needs. The intermediate

 

superintendents shall submit the spending plan to the superintendent of public

 

instruction for approval. Upon approval by the superintendent of public instruction,

 

the amounts specified for each eligible district under the spending plan are allocated

 

under subsection (2) and shall be paid to the eligible districts in the same manner as

 

payments under section 22b.

 

       (4) Subject to subsection (6), from the allocation in subsection (1), there is

 

allocated EACH FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014 an amount not to

 

exceed $1,275,000.00 for payments under this subsection to districts that meet all of

 

the following:

 

       (a) The district has 5.0 or fewer pupils per square mile as determined by the

 

department.

 

       (b) The district has a total square mileage greater than 200.0 or is 1 of 2

 

districts that have consolidated transportation services and have a combined total

 

square mileage greater than 200.0.

 

       (5) The funds allocated under subsection (4) shall be allocated on an equal per

 

pupil basis.

 

       (6) A district receiving funds allocated under subsection (2) is not eligible

 

for funding allocated under subsection (4).

 

       Sec. 22f. (1) From the appropriation in section 11, there is allocated for

 

2011-2012 only 2012-2013 an amount not to exceed $154,000,000.00 $190,000,000.00 AND

 

FOR 2013-2014 there is allocated AN AMOUNT NOT TO EXCEED $100,000,000.00 to provide

 

incentive payments to districts that meet financial SEPARATE STUDENT ACADEMIC

 


PERFORMANCE FUNDING GOALS AND best practices under this section. The money allocated

 

OF THE FUNDS ALLOCATED FOR FISCAL YEAR 2012-2013 in this section, AN AMOUNT OF

 

$140,000,000.00 IS FOR ONE-TIME PAYMENTS AND represents a portion of the year-end

 

state school aid fund balance for 2010-2011 2011-2012. Payments received under this

 

section may be used for any purpose for which payments under sections 22a and 22b are

 

used.

 

       (2) The amount of the incentive payment FOR STUDENT ACADEMIC PERFORMANCE is an

 

amount equal to A MAXIMUM OF $100.00 per pupil. payments calculated and awarded to

 

QUALIFYING districts under subsections (3) to (5) shall be calculated and awarded

 

separately and a district may receive a payment under any or all of subsections (3) to

 

(5).

 

       (3) An amount not to exceed 30% of the maximum PER PUPIL amount allocated under

 

subsection (2) shall be used to make performance incentive payments to qualifying

 

districts under this subsection based on pupil performance on state assessments in

 

mathematics in grades 3 to 8. The amount of a payment under this subsection is an

 

amount equal to $30.00 per pupil for all pupils in membership in A QUALIFYING

 

district. The department shall determine the qualifying districts under this

 

subsection as follows:

 

       (A) Using the state’s growth model as determined by the department, which

 

incorporates the most recent cut scores adopted for the Michigan Educational

 

Assessment Program for each pupil in grades 3 to 8 in the 2011-2012 school year, the

 

department shall calculate a point score using a metric that assigns points to each of

 

those pupils as follows:

 

       (i) For each pupil who began the school year not performing proficiently in

 

mathematics and who declines in proficiency, as defined by the state’s growth model,

 

over the school year, 0 points.

 

       (ii) For each pupil who began the school year performing proficiently in

 


mathematics and declines in proficiency, as defined by the state’s growth model, over

 

the school year, 0 points.

 

       (iii) For each pupil who began the school year not performing proficiently in

 

mathematics and who maintains his or her level of proficiency, as defined by the

 

state’s growth model, over the school year, 1 point.

 

       (iv) For each pupil who began the school year performing proficiently in

 

mathematics and who maintains his or her level of proficiency, as defined by the

 

state’s growth model, over the school year, 2 points.

 

       (v) For each pupil who began the school year not performing proficiently in

 

mathematics and who improves in proficiency, as defined by the state’s growth model,

 

over the school year, 3 points.

 

       (vi) For each pupil who began the school year performing proficiently in

 

Mathematics and who improves in proficiency, as defined by the state’s growth model,

 

over the school year, 2 points.

 

       (B) The department shall then calculate a district average for this metric for

 

the 2011-2012 school year by totaling the number of points for all pupils in grades 3

 

to 8 under subdivision (A) and dividing that total by the number of those pupils.

 

       (C) A district is a qualifying district for the payment under this subsection

 

if the district average for the 2011-2012 school year under subdivision (B) is at

 

least equal to A FACTOR OF 1.5, and the district tested at least 95% of its students

 

in mathematics, and the district had at least 30 full academic year students in grade

 

3 to 8 mathematics with a performance level change designation.

 

       (4) An amount not to exceed 30% of the maximum PER PUPIL amount allocated under

 

subsection (2) shall be used to make performance incentive payments to qualifying

 

districts under this subsection based on pupil performance on state assessments in

 

reading in grades 3 to 8. The amount of a payment under this subsection is an amount

 

equal to $30.00 per pupil for all pupils in membership in the district. The department

 


shall determine the qualifying districts under this subsection as follows:

 

       (A) Using the state’s growth model as determined by the department, which

 

incorporates the most recent cut scores adopted for the Michigan Educational

 

Assessment Program for each pupil in grades 3 to 8 in the 2011-2012 school year, the

 

department shall calculate a point score using a metric that assigns points to each of

 

those pupils as follows:

 

       (i) For each pupil who began the school year not performing proficiently in

 

reading and who declines in proficiency, as defined by the state’s growth model, over

 

the school year, 0 points.

 

       (ii) For each pupil who began the school year performing proficiently in

 

reading and declines in proficiency, as defined by the state’s growth model, over the

 

school year, 0 points.

 

       (iii) For each pupil who began the school year not performing proficiently in

 

reading and who maintains proficiency, as defined by the state’s growth model, over

 

the school year, 1 point.

 

       (iv) For each pupil who began the school year performing proficienTLy in

 

reading and who maintains proficiency, as defined by the state’s growth model, over

 

the school year, 2 points.

 

       (v) For each pupil who began the school year not performing proficiently in

 

reading and who improves in proficiency, as defined by the state’s growth model, over

 

the school year, 3 points.

 

       (vi) For each pupil who began the school year performing proficiently in

 

reading and who improves in proficiency, as defined by the state’s growth model, over

 

the school year, 2 points.

 

       (B) The department shall then calculate a district average for this metric for

 

the 2011-2012 school year by totaling the number of points for all pupils in grades 3

 

to 8 under subdivision (A) and dividing that total by the number of those pupils.

 


       (C) A district is a qualifying district for the payment under this subsection

 

if the district average for the 2011-2012 school year under subdivision (B) is at

 

least equal to A FACTOR OF 1.5, and the district tested at least 95% of its students

 

in READING, and the district had at least 30 full academic year students in grade 3 to

 

8 reading with a performance level change designation.

 

       (5) An amount not to exceed 40% of the maximum PER PUPIL amount allocated under

 

subsection (2) shall be used to make PERFORMANCE incentive payments to qualifying

 

districts under this subsection for high school improvement using a metric based on

 

the positive trend over a 4-year period in the percentage of high school pupils in the

 

district testing as proficient in all tested subject areas on the state assessments of

 

high school pupils. The amount of a payment under this subsection is an amount equal

 

to $40.00 per pupil for all pupils in membership in the district. The department shall

 

determine the qualifying districts under this subsection as follows:

 

       (A) Calculate a linear regression of the percentage of high school pupils in

 

the district testing as proficient in all tested subject areas on state assessments of

 

high school pupils on school year over the 4-year period ending with the 2011-2012

 

school year as adjusted for changes in cut scores most recently adopted for the

 

Michigan Merit Examination.

 

       (B) Calculate a statewide average for all districts operating a high school of

 

the linear regression of the percentage of high school pupils testing as proficient in

 

all tested subject areas on state assessments of high school pupils on school year

 

over the 4-year period ending with the 2011-2012 school year, as adjusted for changes

 

in cut scores most recently adopted for the Michigan Merit Examination as the base

 

year for all comparisons.

 

       (C) A district is a qualifying district for the payment under this subsection

 

if the district’s linear regression over the 4-year period ending with the 2011-2012

 

school year under subdivision (A) is at least equal to the statewide average linear

 


regression over the 4-year period ending with the base year under subdivision (B), and

 

the district’s linear regression over the 4-year period ending with the 2011-2012

 

school year under subdivision (A) is positive, and the district tested 95% of high

 

school students in each tested subject on the Michigan Merit Examination, and the

 

district had at least 20 full academic year students take all tested subjects on the

 

Michigan merit examination over each of the most recent four years.

 

       (6) FUNDS ALLOCATED IN SUBSECTION (1) THAT REMAIN AFTER THE PERFORMANCE

 

INCENTIVE PAYMENT CALCULATIONS UNDER SUBSECTIONS (3) TO (5) SHALL BE USED FOR PER

 

PUPIL PAYMENTS TO DISTRICTS THAT MEET BEST PRACTICES UNDER THIS SUBSECTION. THE TOTAL

 

AMOUNT OF FUNDS ALLOCATED UNDER SUBSECTION (1) AVAILABLE FOR ALLOCATION UNDER THIS

 

SUBSECTION SHALL BE DISTRIBUTED TO ALL ELIGIBLE DISTRICTS ON AN EQUAL PER membership

 

PUPIL BASIS AS DETERMINED BY THE DEPARTMENT. A district shall receive an incentive

 

payment under this section SUBSECTION if the district satisfies at least  4  5 of the

 

following requirements not later than June 1, 2012 2013:

 

       (a) If a district provides medical, pharmacy, dental, vision, disability, long-

 

term care, or any other type of benefit that would constitute a health care services

 

benefit, to employees and their dependents, the district does not pay on behalf of any

 

employee a total amount that is greater than the state maximum allowable employer

 

contribution for health care services benefits, as described in subsection (3),

 

depending on the coverage option.

 

       (A) (b) If a district provides medical, pharmacy, dental, vision, disability,

 

long-term care, or any other type of benefit that would constitute a health care

 

services benefit, to employees and their dependents, the district is the policyholder

 

for each of its insurance policies that covers 1 or more of these benefits. A district

 

that does not directly employ its staff is considered to have satisfied this

 

requirement.

 

       (c) If a district did not enter into an agreement with the department to

 


develop a service consolidation plan to reduce school operating costs under former

 

section 11d as it was in effect for 2010-2011, the district enters into an agreement

 

with the department to develop a service consolidation plan that is in compliance with

 

department guidelines described in subsection (2). If a district entered into an

 

agreement with the department to develop a service consolidation plan under former

 

section 11d, the district continues to implement that plan and report to the

 

department not later than February 1 of each fiscal year the district's progress in

 

implementing that plan.

 

       (d) The district has obtained competitive bids on the provision of pupil

 

transportation, food service, custodial, or 1 or more other noninstructional services

 

with a value of at least $50,000.00.

 

       (B) The district accepts applications for enrollment by nonresident applicants

 

under section 105 or 105c.

 

       (C) The district monitors individual student academic growth in each subject

 

area at least twice during the school year using COMPETENCY-BASED online ASSESSMENTS

 

and reports those results to the student and their parent or guardian.

 

       (D) The district supports opportunities for students to receive postsecondary

 

credit while attending secondary school, by doing at least 1 of the following:

 

       (I) supports attendance of district pupils under the postsecondary enrollment

 

operations act, MCL 388.511 to 388.524, or under the career and technical preparation

 

act, MCL 388.1901 to 388.1913 CONSISTENT WITH PROVISIONS UNDER SECTION 21B.

 

       (II) offers advanced placement classes.

 

       (III) participates in a middle college. For the purposes of this subdivision,

 

"middle college" means a series of courses and other requirements and conditions that

 

allow a pupil to graduate with a high school diploma and a certificate or degree from

 

a community college or state public university.

 

       (IV) provides other opportunities to pupils that allow those pupils to graduate

 


with a high school diploma and also complete coursework that a postsecondary

 

institution normally applies toward satisfaction of degree requirements.

 

       (V) In order to satisfy THE requirement under subdivision (D), districts must

 

make all eligible students and their parents or guardians aware of these

 

opportunities.

 

       (E) The district offers online instructional programs or blended learning

 

opportunities to all eligible pupils. In order to satisfy this requirement, districts

 

must make all eligible students and their parents or guardians aware of these

 

opportunities. For the purposes of this subdivision:

 

       (i) "BLENDED LEARNING" MEANS A HYBRID INSTRUCTIONAL DELIVERY MODEL WHERE

 

STUDENTS ARE PROVIDED FACE-TO-FACE INSTRUCTION, IN PART AT A SUPERVISED SCHOOL

 

FACILITY AWAY FROM HOME AND PARTIALLY THROUGH COMPUTER-BASED AND INTERNET-CONNECTED

 

LEARNING ENVIRONMENTS WITH SOME DEGREE OF STUDENT CONTROL OVER TIME, LOCATION AND PACE

 

OF INSTRUCTION.

 

       (ii) "ONLINE INSTRUCTIONAL PROGRAM" MEANS A COURSE OF STUDY THAT GENERATES A

 

CREDIT OR A GRADE, PROVIDED IN AN INTERACTIVE COMPUTER-BASED AND INTERNET-CONNECTED

 

LEARNING ENVIRONMENT, IN WHICH STUDENTS ARE SEPARATED FROM THEIR TEACHERS BY TIME OR

 

LOCATION, OR BOTH, AND IN WHICH A MICHIGAN CERTIFICATED TEACHER IS RESPONSIBLE FOR

 

PROVIDING DIRECT INSTRUCTION, DIAGNOSING LEARNING NEEDS, ASSESSING STUDENT LEARNING,

 

PRESCRIBING INTERVENTION STRATEGIES, REPORTING OUTCOMES AND EVALUATING THE EFFECTS OF

 

INSTRUCTION AND SUPPORT STRATEGIES.

 

       (F) (e) The district provides to parents and community members a dashboard or

 

report card demonstrating the district's efforts to manage its finances responsibly.

 

The dashboard or report card shall include at least all of the following for the 3

 

most recent school years for which the data are available:

 

       (i) Graduation and dropout rates.

 

       (ii) Average class size in grades kindergarten to 3.

 


       (iii) College readiness as measured by Michigan merit examination test scores.

 

       (iv) Elementary and middle school MEAP scores.

 

       (v) Teacher, principal, and superintendent salary information including at

 

least minimum, average, and maximum pay levels.

 

       (vi) General fund balance.

 

       (vii) The total number of days of instruction provided.

 

       (2) The department shall maintain the guidelines for the service consolidation

 

plans that were developed for former section 11d as it was in effect for 2010-2011.

 

The guidelines may identify, but are not limited to, allowable cost-sharing

 

arrangements for the provision of noninstructional and instructional services and the

 

creation of joint operating agreements between and among districts, intermediate

 

districts, and other units of local government. The department shall create benchmarks

 

to measure success in implementing service consolidation plans, including, but not

 

limited to, demonstrated cost reductions and efficiency. In determining eligibility

 

for incentive payments, the department shall recognize service consolidation and

 

cooperation and cost reductions already in effect as well as continued progress.

 

       (3) For the purposes of this section, the state maximum allowable employer

 

contribution on behalf of any employee is an amount equal to 90% of the combined total

 

costs for the employee for the school fiscal year for medical, pharmacy, dental,

 

vision, disability, long-term care, or any other type of benefit that would constitute

 

a health care services benefit for each of the following coverage options:

 

       (a) Employee only coverage.

 

       (b) Employee and spouse coverage.

 

       (c) Employee and children coverage.

 

       (d) Full family coverage.

 

       (4) A district that accepts funds allocated under this section acknowledges

 

that the incentive payment under this section is for 2011-2012 only and that funds

 


will not be appropriated for the purposes of this section for subsequent fiscal years.

 

       (7) (5) If the department determines that a district has intentionally

 

submitted false information in order to qualify for an incentive payment under this

 

section, the district forfeits an amount equal to the amount it received under this

 

section from its total state school aid for 2012-2013 2013-2014.

 

       sec. 22G. (1) From the funds appropriated in section 11, there is allocated for

 

2012-2013 only an amount not to exceed $10,000,000.00 for competitive assistance

 

grants to districts and intermediate districts. Money allocated in this section

 

represents a portion of the year-end state school aid fund balance for 2011-2012.

 

       (2) Funds received under this section may be used for reimbursement of

 

transition costs associated with the consolidation of operations or services between

 

two or more districts or the consolidation of districts or intermediate districts.

 

Grant funding shall be available for consolidations that occur on or after October 1,

 

2012. the department shall develop an application process and method of grant

 

distribution.

 

       Sec. 24. (1) From the appropriation in section 11, there is allocated EACH

 

FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014 an amount not to exceed

 

$8,000,000.00 for payments to the educating district or intermediate district for

 

educating pupils assigned by a court or the department of human services to reside in

 

or to attend a juvenile detention facility or child caring institution licensed by the

 

department of human services and approved by the department to provide an on-grounds

 

education program. The amount of the payment under this section to a district or

 

intermediate district shall be calculated as prescribed under subsection (2).

 

       (2) The total amount allocated under this section shall be allocated by paying

 

to the educating district or intermediate district an amount equal to the lesser of

 

the district's or intermediate district's added cost or the department's approved per

 

pupil allocation for the district or intermediate district. For the purposes of this

 


subsection:

 

       (a) "Added cost" means 100% of the added cost each fiscal year for educating

 

all pupils assigned by a court or the department of human services to reside in or to

 

attend a juvenile detention facility or child caring institution licensed by the

 

department of human services or the department of licensing and regulatory affairs and

 

approved by the department to provide an on-grounds education program. Added cost

 

shall be computed by deducting all other revenue received under this act for pupils

 

described in this section from total costs, as approved by the department, in whole or

 

in part, for educating those pupils in the on-grounds education program or in a

 

program approved by the department that is located on property adjacent to a juvenile

 

detention facility or child caring institution. Costs reimbursed by federal funds are

 

not included.

 

       (b) "Department's approved per pupil allocation" for a district or intermediate

 

district shall be determined by dividing the total amount allocated under this section

 

for a fiscal year by the full-time equated membership total for all pupils approved by

 

the department to be funded under this section for that fiscal year for the district

 

or intermediate district.

 

       (3) A district or intermediate district educating pupils described in this

 

section at a residential child caring institution may operate, and receive funding

 

under this section for, a department-approved on-grounds educational program for those

 

pupils that is longer than 181 days, but not longer than 233 days, if the child caring

 

institution was licensed as a child caring institution and offered in 1991-92 an on-

 

grounds educational program that was longer than 181 days but not longer than 233 days

 

and that was operated by a district or intermediate district.

 

       (4) Special education pupils funded under section 53a shall not be funded under

 

this section.

 

       Sec. 24a. From the appropriation in section 11, there is allocated EACH FISCAL

 


YEAR an amount not to exceed $1,197,500.00 $2,135,800.00 for 2011-2012 2012-2013 AND

 

2013-2014 for payments to intermediate districts for pupils who are placed in juvenile

 

justice service facilities operated by the department of human services. Each

 

intermediate district shall receive an amount equal to the state share of those costs

 

that are clearly and directly attributable to the educational programs for pupils

 

placed in facilities described in this section that are located within the

 

intermediate district's boundaries. The intermediate districts receiving payments

 

under this section shall cooperate with the department of human services to ensure

 

that all funding allocated under this section is utilized by the intermediate district

 

and department of human services for educational programs for pupils described in this

 

section. Pupils described in this section are not eligible to be funded under section

 

24. However, a program responsibility or other fiscal responsibility associated with

 

these pupils shall not be transferred from the department of human services to a

 

district or intermediate district unless the district or intermediate district

 

consents to the transfer.

 

       Sec. 24c. From the appropriation in section 11, there is allocated EACH FISCAL

 

YEAR an amount not to exceed $742,300.00 $765,600.00 for 2011-2012 2012-2013 AND 2013-

 

2014 for payments to districts for pupils who are enrolled in a nationally

 

administered community-based education and youth mentoring program, known as the youth

 

challenge program, that is located within the district and is administered by the

 

department of military and veterans affairs. Both of the following apply to a district

 

receiving payments under this section:

 

       (a) The district shall contract with the department of military and veterans

 

affairs to ensure that all funding allocated under this section is utilized by the

 

district and the department of military and veterans affairs for the youth challenge

 

program.

 

       (b) The district may retain for its administrative expenses an amount not to

 


exceed 3% of the amount of the payment the district receives under this section.

 

       Sec. 25. (1) If a pupil is enrolled in an alternative education program

 

operated by an intermediate district or district for the purpose of educating pupils

 

who have been expelled from school or referred from the court, and if the pupil is

 

counted in membership in another intermediate district or district, the intermediate

 

district or district operating the alternative education program shall report the

 

enrollment information to the department and to the district in which the pupil is

 

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

 

counted in membership shall pay to the intermediate district or district operating the

 

alternative education program an amount equal to the amount of the foundation

 

allowance or per pupil payment as calculated under section 20 for the intermediate

 

district or district in which the pupil is counted in membership, prorated according

 

to the number of days of the school year ending in the fiscal year the pupil is

 

educated in the alternative education program compared to the number of days of the

 

school year ending in the fiscal year the pupil was actually enrolled in the

 

intermediate district or district in which the pupil is counted in membership. The

 

foundation allowance or per pupil payment shall be adjusted by the pupil’s full-time

 

equated status as affected by the membership definition under section 6(4). If an

 

intermediate district or district does not make the payment required under this

 

section within 30 days after receipt of the report, the department shall calculate the

 

amount owed, shall deduct that amount from the remaining state school aid payments to

 

the intermediate district or district for that fiscal year under this act, and shall

 

pay that amount to the intermediate district or district operating the alternative

 

education program. The intermediate district or district in which the pupil is counted

 

in membership and the intermediate district or district operating the alternative

 

education program shall provide to the department all information the department

 

requires to enforce this section.

 


       (2) If a pupil is enrolled in a strict discipline academy for pupils who have

 

been expelled or suspended from school or otherwise placed in a strict discipline

 

academy as described in section 1311g of the revised school code, MCL 380.1311g, and

 

if the pupil is counted in membership in another district or intermediate district,

 

the strict discipline academy shall report the enrollment information to the

 

department and to the district or intermediate district in which the pupil is counted

 

in membership. Upon receipt of enrollment information under this subsection indicating

 

that a pupil has enrolled in a strict discipline academy as described in this

 

subsection, the department shall do both of the following:

 

       (a) Adjust the membership calculation for the district or intermediate district

 

in which the pupil was counted in membership so that the district’s or intermediate

 

district’s membership is prorated to allow the district or intermediate district to

 

receive for each school day in which the pupil was enrolled in the district an amount

 

equal to 1/180 of the foundation allowance or per pupil payment as calculated under

 

section 20 for the district or intermediate district. The foundation allowance or per

 

pupil payment shall be adjusted by the pupil’s full-time equated status as affected by

 

the membership definition under section 6(4).

 

       (b) Include in the calculation of state school aid for the strict discipline

 

academy for each school day in which the pupil is enrolled in the strict discipline

 

academy, not to exceed a number of school days equal to the difference between 180 and

 

the number of school days in which the pupil was reported under this section as

 

previously enrolled in 1 or more other districts or intermediate districts, an amount

 

equal to 1/180 of the per pupil payment as calculated under section 20 for the strict

 

discipline academy. The per pupil payment shall be adjusted by the pupil’s full-time

 

equated status as affected by the membership definition under section 6(4).

 

       (3) The changes in calculation of state school aid required under subsection

 

(2) shall take effect as of the date that the pupil enrolls in the strict discipline

 


academy, and the department shall base all subsequent payments under this act for the

 

fiscal year to the affected districts or intermediate districts and for the strict

 

discipline academy, as applicable, on this recalculation of state school aid.

 

       (4) If a pupil enrolls in a strict discipline academy as described in

 

subsection (2), if adjustments are made in calculations pursuant to subsection (2) due

 

to that enrollment, and if the pupil subsequently ceases to be enrolled in the strict

 

discipline academy, the strict discipline academy shall notify the department of the

 

last date of the pupil’s enrollment in the strict discipline academy and the number of

 

days the pupil was enrolled in the strict discipline academy.

 

       (5) If a pupil enrolls in a strict discipline academy as described in

 

subsection (2), the district or intermediate district in which the pupil is counted in

 

membership and the strict discipline academy shall provide to the department all

 

information the department requires to comply with this section.

 

       (6) The changes in the requirements under this section that are contained in

 

subsections (2) to (5) apply beginning with payments made for the 2011-2012 fiscal

 

year.

 

       Sec. 26a. From the state school aid fund appropriation in section 11, there is

 

allocated EACH FISCAL YEAR an amount not to exceed $22,932,000.00 for 2010-2011 and an

 

amount not to exceed $26,300,000.00 for 2011-2012 2012-2013 AND 2013-2014 to reimburse

 

districts and intermediate districts pursuant to section 12 of the Michigan

 

renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied in 2011 2012 OR 2013

 

AS APPLICABLE. The allocations shall be made not later than 60 days after the

 

department of treasury certifies to the department and to the state budget director

 

that the department of treasury has received all necessary information to properly

 

determine the amounts due to each eligible recipient.

 

       Sec. 26b. (1) From the appropriation in section 11, there is allocated EACH

 

FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014 an amount not to exceed

 


$2,890,000.00 $1,838,000.00 for payments to districts, intermediate districts, and

 

community college districts for the portion of the payment in lieu of taxes obligation

 

that is attributable to districts, intermediate districts, and community college

 

districts pursuant to section 2154 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.2154.

 

       (2) If the amount appropriated under this section is not sufficient to fully

 

pay obligations under this section, payments shall be prorated on an equal basis among

 

all eligible districts, intermediate districts, and community college districts.

 

       Sec. 31a. (1) From the state school aid fund money appropriated in section 11,

 

there is allocated EACH FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014 an amount

 

not to exceed $317,695,500.00 for payments to eligible districts and eligible , public

 

school academies, AND THE EDUCATION ACHIEVEMENT SYSTEM under this section. Subject to

 

subsection (14), the amount of the additional allowance under this section, other than

 

funding under subsection (6) or (7), shall be based on the number of actual pupils in

 

membership in the district, or public school academy, OR THE EDUCATION ACHIEVEMENT

 

SYSTEM who met the income eligibility criteria for free breakfast, lunch, or milk in

 

the immediately preceding state fiscal year, as determined under the Richard B.

 

Russell national school lunch act, 42 USC 1751 to 1769i, and reported to the

 

department by October 31 NOT LATER THAN THE FIFTH WEDNESDAY AFTER THE FALL PUPIL

 

MEMBERSHIP COUNT DAY of the immediately preceding fiscal year and adjusted not later

 

than December 31 of the immediately preceding fiscal year in the form and manner

 

prescribed by the center. However, for a public school academy that began operations

 

as a public school academy OR FOR AN ACHIEVEMENT SCHOOL THAT BEGAN OPERATIONS AS AN

 

ACHIEVEMENT SCHOOL after the pupil membership count day of the immediately preceding

 

school year, the basis for the additional allowance under this section shall be the

 

number of actual pupils in membership in the public school academy OR THE EDUCATION

 

ACHIEVEMENT SYSTEM who met the income eligibility criteria for free breakfast, lunch,

 


or milk in the current state fiscal year, as determined under the Richard B. Russell

 

national school lunch act AND REPORTED TO THE DEPARTMENT NOT LATER THAN THE FIFTH

 

WEDNESDAY AFTER THE FALL PUPIL MEMBERSHIP COUNT DAY.

 

       (2) To be eligible to receive funding under this section, other than funding

 

under subsection (6) or (7), a district, or public school academy, OR THE EDUCATION

 

ACHIEVEMENT SYSTEM that has not been previously determined to be eligible shall apply

 

to the department, in a form and manner prescribed by the department, and a district,

 

or public school academy, OR THE EDUCATION ACHIEVEMENT SYSTEM must meet all of the

 

following:

 

       (a) The sum of the district's, or public school academy's, OR THE EDUCATION

 

ACHIEVEMENT SYSTEM’S combined state and local revenue per membership pupil in the

 

current state fiscal year, as calculated under section 20, is less than or equal to

 

the basic foundation allowance under section 20 for the current state fiscal year.

 

       (b) The district, or public school academy, OR THE EDUCATION ACHIEVEMENT SYSTEM

 

agrees to use the funding only for purposes allowed under this section and to comply

 

with the program and accountability requirements under this section.

 

       (3) Except as otherwise provided in this subsection, an eligible district, or

 

eligible public school academy OR THE EDUCATION ACHIEVEMENT SYSTEM shall receive under

 

this section for each membership pupil in the district, or public school academy OR

 

THE EDUCATION ACHIEVEMENT SYSTEM who met the income eligibility criteria for free

 

breakfast, lunch, or milk, as determined under the Richard B. Russell national school

 

lunch act and as reported to the department by October 31 NOT LATER THAN THE FIFTH

 

WEDNESDAY AFTER THE FALL PUPIL MEMBERSHIP COUNT DAY of the immediately preceding

 

fiscal year and adjusted not later than December 31 of the immediately preceding

 

fiscal year, an amount per pupil equal to 11.5% of the sum of the district's

 

foundation allowance or public school academy's OR THE EDUCATION ACHIEVEMENT SYSTEM’S

 

per pupil amount calculated under section 20, not to exceed the basic foundation

 


allowance under section 20 for the current state fiscal year, or of the public school

 

academy's OR THE EDUCATION ACHIEVEMENT SYSTEM’S per membership pupil amount calculated

 

under section 20 for the current state fiscal year. A public school academy that began

 

operations as a public school academy OR AN ACHIEVEMENT SCHOOL THAT BEGAN OPERATIONS

 

AS AN ACHIEVEMENT SCHOOL after the pupil membership count day of the immediately

 

preceding school year shall receive under this section for each membership pupil in

 

the public school academy OR THE EDUCATION ACHIEVEMENT SYSTEM who met the income

 

eligibility criteria for free breakfast, lunch, or milk, as determined under the

 

Richard B. Russell national school lunch act and as reported to the department by

 

October 31 NOT LATER THAN THE FIFTH WEDNESDAY AFTER THE FALL PUPIL MEMBERSHIP COUNT

 

DAY of the current fiscal year and adjusted not later than December 31 of the current

 

fiscal year, an amount per pupil equal to 11.5% of the public school academy's OR THE

 

EDUCATION ACHIEVEMENT SYSTEM’S per membership pupil amount calculated under section 20

 

for the current state fiscal year.

 

       (4) Except as otherwise provided in this section, a district, or public school

 

academy, OR THE EDUCATION ACHIEVEMENT SYSTEM receiving funding under this section

 

shall use that money only to provide instructional programs and direct

 

noninstructional services, including, but not limited to, medical or counseling

 

services, for at-risk pupils; for school health clinics; and for the purposes of

 

subsection (5), (6), or (7). In addition, a district that is a school district of the

 

first class or a district, or public school academy, OR THE EDUCATION ACHIEVEMENT

 

SYSTEM in which at least 50% of the pupils in membership met the income eligibility

 

criteria for free breakfast, lunch, or milk in the immediately preceding state fiscal

 

year, as determined and reported as described in subsection (1), may use not more than

 

20% of the funds it receives under this section for school security. A district, or

 

public school academy, OR THE EDUCATION ACHIEVEMENT SYSTEM shall not use any of that

 

money for administrative costs or to supplant another program or other funds, except

 


for funds allocated to the district, or public school academy, OR THE EDUCATION

 

ACHIEVEMENT SYSTEM under this section in the immediately preceding year and already

 

being used by the district, or public school academy, OR THE EDUCATION ACHIEVEMENT

 

SYSTEM for at-risk pupils. The instruction or direct noninstructional services

 

provided under this section may be conducted before or after regular school hours or

 

by adding extra school days to the school year and may include, but are not limited

 

to, tutorial services, early childhood programs to serve children age 0 to 5, and

 

reading programs as described in former section 32f as in effect for 2001-2002. A

 

tutorial method may be conducted with paraprofessionals working under the supervision

 

of a certificated teacher. The ratio of pupils to paraprofessionals shall be between

 

10:1 and 15:1. Only 1 certificated teacher is required to supervise instruction using

 

a tutorial method. As used in this subsection, "to supplant another program" means to

 

take the place of a previously existing instructional program or direct

 

noninstructional services funded from a funding source other than funding under this

 

section.

 

       (5) Except as otherwise provided in subsection (12), a district, or public

 

school academy, OR THE EDUCATION ACHIEVEMENT SYSTEM that receives funds under this

 

section and that operates a school breakfast program under section 1272a of the

 

revised school code, MCL 380.1272a, shall use from the funds received under this

 

section an amount, not to exceed $10.00 per pupil for whom the district, or public

 

school academy, OR THE EDUCATION ACHIEVEMENT SYSTEM receives funds under this section,

 

necessary to pay for costs associated with the operation of the school breakfast

 

program.

 

       (6) From the funds allocated under subsection (1), there is allocated EACH

 

FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014 an amount not to exceed

 

$3,557,300.00 to support child and adolescent health centers. These grants shall be

 

awarded for 5 consecutive years beginning with 2003-2004 in a form and manner approved

 


jointly by the department and the department of community health. Each grant recipient

 

shall remain in compliance with the terms of the grant award or shall forfeit the

 

grant award for the duration of the 5-year period after the noncompliance. To continue

 

to receive funding for a child and adolescent health center under this section a grant

 

recipient shall ensure that the child and adolescent health center has an advisory

 

committee and that at least one-third of the members of the advisory committee are

 

parents or legal guardians of school-aged children. A child and adolescent health

 

center program shall recognize the role of a child's parents or legal guardian in the

 

physical and emotional well-being of the child. Funding under this subsection shall be

 

used to support child and adolescent health center services provided to children up to

 

age 21. If any funds allocated under this subsection are not used for the purposes of

 

this subsection for the fiscal year in which they are allocated, those unused funds

 

shall be used that fiscal year to avoid or minimize any proration that would otherwise

 

be required under subsection (14) for that fiscal year.

 

       (7) From the funds allocated under subsection (1), there is allocated EACH

 

FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014 an amount not to exceed

 

$5,150,000.00 for the state portion of the hearing and vision screenings as described

 

in section 9301 of the public health code, 1978 PA 368, MCL 333.9301. A local public

 

health department shall pay at least 50% of the total cost of the screenings. The

 

frequency of the screenings shall be as required under R 325.13091 to R 325.13096 and

 

R 325.3271 to R 325.3276 of the Michigan administrative code. Funds shall be awarded

 

in a form and manner approved jointly by the department and the department of

 

community health. Notwithstanding section 17b, payments to eligible entities under

 

this subsection shall be paid on a schedule determined by the department.

 

       (8) Each district, or public school academy, OR THE EDUCATION ACHIEVEMENT

 

SYSTEM receiving funds under this section shall submit to the department by July 15 of

 

each fiscal year a report, not to exceed 10 pages, on the usage by the district, or

 


public school academy, OR THE EDUCATION ACHIEVEMENT SYSTEM of funds under this

 

section, which report shall include at least a brief description of each program

 

conducted by the district, or public school academy, OR THE EDUCATION ACHIEVEMENT

 

SYSTEM using funds under this section, the amount of funds under this section

 

allocated to each of those programs, the number of at-risk pupils eligible for free or

 

reduced price school lunch who were served by each of those programs, and the total

 

number of at-risk pupils served by each of those programs. If a district, or public

 

school academy, OR THE EDUCATION ACHIEVEMENT SYSTEM does not comply with this

 

subsection, the department shall withhold an amount equal to the August payment due

 

under this section until the district, or public school academy, OR THE EDUCATION

 

ACHIEVEMENT SYSTEM complies with this subsection. If the district, or public school

 

academy, OR THE EDUCATION ACHIEVEMENT SYSTEM does not comply with this subsection by

 

the end of the state fiscal year, the withheld funds shall be forfeited to the school

 

aid fund.

 

       (9) In order to receive funds under this section, a district, or public school

 

academy, OR THE EDUCATION ACHIEVEMENT SYSTEM shall allow access for the department or

 

the department's designee to audit all records related to the program for which it

 

receives those funds. The district, or public school academy, OR THE EDUCATION

 

ACHIEVEMENT SYSTEM shall reimburse the state for all disallowances found in the audit.

 

       (10) Subject to subsections (5), (6), (7), (12), and (13), any district may use

 

up to 100% of the funds it receives under this section to reduce the ratio of pupils

 

to teachers in grades K-6, or any combination of those grades, in school buildings in

 

which the percentage of pupils described in subsection (1) exceeds the district's

 

aggregate percentage of those pupils. Subject to subsections (5), (6), (7), (12), and

 

(13), if a district obtains a waiver from the department, the district may use up to

 

100% of the funds it receives under this section to reduce the ratio of pupils to

 

teachers in grades K-6, or any combination of those grades, in school buildings in

 


which the percentage of pupils described in subsection (1) is at least 60% of the

 

district's aggregate percentage of those pupils and at least 30% of the total number

 

of pupils enrolled in the school building. To obtain a waiver, a district must apply

 

to the department and demonstrate to the satisfaction of the department that the class

 

size reductions would be in the best interests of the district's at-risk pupils.

 

       (11) A district, or public school academy, OR THE EDUCATION ACHIEVEMENT SYSTEM

 

may use funds received under this section for adult high school completion, general

 

educational development (G.E.D.) test preparation, adult English as a second language,

 

or adult basic education programs described in section 107.

 

       (12) For an individual school or schools operated by a district, or public

 

school academy, OR THE EDUCATION ACHIEVEMENT SYSTEM receiving funds under this section

 

that have been determined by the department to meet the adequate yearly progress

 

standards of the no child left behind act of 2001, Public Law 107-110, in both

 

mathematics and English language arts at all applicable grade levels for all

 

applicable subgroups, the district, or public school academy, OR THE EDUCATION

 

ACHIEVEMENT SYSTEM may submit to the department an application for flexibility in

 

using the funds received under this section that are attributable to the pupils in the

 

school or schools. The application shall identify the affected school or schools and

 

the affected funds and shall contain a plan for using the USE NOT MORE THAN 20% OF THE

 

funds IT RECEIVES UNDER THIS SECTION for specific purposes identified by the district

 

that are designed to benefit at-risk pupils in the school, but that may be different

 

from the purposes otherwise allowable under this section. The department shall approve

 

the application if the department determines that the purposes identified in the plan

 

are reasonably designed to benefit at-risk pupils in the school. If the department

 

does not act to approve or disapprove an application within 30 days after it is

 

submitted to the department, the application is considered to be approved. If an

 

application for flexibility in using the funds is approved, the district may use the

 


funds identified in the application for any purpose identified in the plan IF FUNDS

 

ARE USED FOR PURPOSES UNDER THE FLEXIBILITY PROVISIONS UNDER THIS SUBSECTION,

 

DISTRICTS MUST MAINTAIN DOCUMENTATION OF THE AMOUNTS USED FOR OTHER PURPOSES AND SHALL

 

MAKE THAT INFORMATION AVAILABLE TO THE DEPARTMENT UPON REQUEST.

 

       (13) A district, or public school academy, OR THE EDUCATION ACHIEVEMENT SYSTEM

 

that receives funds under this section may use funds it receives under this section to

 

implement and operate an early intervening program for pupils in grades K to 3 that

 

meets either or both of the following:

 

       (a) Monitors individual pupil learning and provides specific support or

 

learning strategies to pupils as early as possible in order to reduce the need for

 

special education placement. The program shall include literacy and numeracy supports,

 

sensory motor skill development, behavior supports, instructional consultation for

 

teachers, and the development of a parent/school learning plan. Specific support or

 

learning strategies may include support in or out of the general classroom in areas

 

including reading, writing, math, visual memory, motor skill development, behavior, or

 

language development. These would be provided based on an understanding of the

 

individual child's learning needs.

 

       (b) Provides early intervening strategies using school-wide systems of academic

 

and behavioral supports and is scientifically research-based. The strategies to be

 

provided shall include at least pupil performance indicators based upon response to

 

intervention, instructional consultation for teachers, and ongoing progress

 

monitoring. A school-wide system of academic and behavioral support should be based on

 

a support team available to the classroom teachers. The members of this team could

 

include the principal, special education staff, reading teachers, and other

 

appropriate personnel who would be available to systematically study the needs of the

 

individual child and work with the teacher to match instruction to the needs of the

 

individual child.

 


       (14) If necessary, and before any proration required under section 11, the

 

department shall prorate payments under this section by reducing the amount of the per

 

pupil payment under this section by a dollar amount calculated by determining the

 

amount by which the amount necessary to fully fund the requirements of this section

 

exceeds the maximum amount allocated under this section and then dividing that amount

 

by the total statewide number of pupils who met the income eligibility criteria for

 

free breakfast, lunch, or milk in the immediately preceding fiscal year, as described

 

in subsection (1).

 

       (15) If a district is formed by consolidation after June 1, 1995, and if 1 or

 

more of the original districts was not eligible before the consolidation for an

 

additional allowance under this section, the amount of the additional allowance under

 

this section for the consolidated district shall be based on the number of pupils

 

described in subsection (1) enrolled in the consolidated district who reside in the

 

territory of an original district that was eligible before the consolidation for an

 

additional allowance under this section.

 

       (16) As used in this section, "at-risk pupil" means a pupil for whom the

 

district has documentation that the pupil meets at least 2 of the following criteria:

 

is a victim of child abuse or neglect; is below grade level in English language and

 

communication skills or mathematics; is a pregnant teenager or teenage parent; is

 

eligible for a federal free or reduced-price lunch subsidy; has atypical behavior or

 

attendance patterns; or has a family history of school failure, incarceration, or

 

substance abuse. For pupils for whom the results of at least the applicable Michigan

 

education assessment program (MEAP) test have been received, at-risk pupil also

 

includes a pupil who does not meet the other criteria under this subsection but who

 

did not achieve at least a score of level 2 on the most recent MEAP English language

 

arts, mathematics, or science, OR SOCIAL STUDIES test for which results for the pupil

 

have been received. For pupils for whom the results of the Michigan merit examination

 


have been received, at-risk pupil also includes a pupil who does not meet the other

 

criteria under this subsection but who did not achieve proficiency on the reading

 

component of the most recent Michigan merit examination for which results for the

 

pupil have been received, did not achieve proficiency on the mathematics component of

 

the most recent Michigan merit examination for which results for the pupil have been

 

received, or did not achieve basic competency on the science component of the most

 

recent Michigan merit examination for which results for the pupil have been received.

 

For pupils in grades K-3, at-risk pupil also includes a pupil who is at risk of not

 

meeting the district's core academic curricular objectives in English language arts or

 

mathematics.

 

       (17) A district, or public school academy, OR THE EDUCATION ACHIEVEMENT SYSTEM

 

that receives funds under this section may use funds received under this section to

 

provide an anti-bullying or crisis intervention program.

 

       Sec. 31d. (1) From the appropriations in section 11, there is allocated an

 

amount not to exceed $21,627,100.00 for 2010-2011 and an amount not to exceed

 

$22,495,100.00 EACH FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014 for the purpose

 

of making payments to districts and other eligible entities under this section.

 

       (2) The amounts allocated from state sources under this section shall be used

 

to pay the amount necessary to reimburse districts for 6.0127% of the necessary costs

 

of the state mandated portion of the school lunch programs provided by those

 

districts. The amount due to each district under this section shall be computed by the

 

department using the methods of calculation adopted by the Michigan supreme court in

 

the consolidated cases known as Durant v State of Michigan, Michigan supreme court

 

docket no. 104458-104492.

 

       (3) The payments made under this section include all state payments made to

 

districts so that each district receives at least 6.0127% of the necessary costs of

 

operating the state mandated portion of the school lunch program in a fiscal year.

 


       (4) The payments made under this section to districts and other eligible

 

entities that are not required under section 1272a of the revised school code, MCL

 

380.1272a, to provide a school lunch program shall be in an amount not to exceed

 

$10.00 per eligible pupil plus 5 cents for each free lunch and 2 cents for each

 

reduced price lunch provided, as determined by the department.

 

       (5) From the federal funds appropriated in section 11, there is allocated EACH

 

FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014 all available federal funding,

 

estimated at $400,000,000.00, for the national school lunch program and all available

 

federal funding, estimated at $2,506,000.00, for the emergency food assistance

 

program.

 

       (6) Notwithstanding section 17b, payments to eligible entities other than

 

districts under this section shall be paid on a schedule determined by the department.

 

       (7) In purchasing food for a school lunch program funded under this section,

 

preference shall be given to food that is grown or produced by Michigan businesses if

 

it is competitively priced and of comparable quality.

 

       Sec. 31f. (1) From the appropriations in section 11, there is allocated an

 

amount not to exceed $3,800,000.00 for 2010‑2011 and an amount not to exceed

 

$9,625,000.00 EACH FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014 for the purpose

 

of making payments to districts to reimburse for the cost of providing breakfast.

 

       (2) The funds allocated under this section for school breakfast programs shall

 

be made available to all eligible applicant districts that meet all of the following

 

criteria:

 

       (a) The district participates in the federal school breakfast program and meets

 

all standards as prescribed by 7 CFR parts 220 and 245.

 

       (b) Each breakfast eligible for payment meets the federal standards described

 

in subdivision (a).

 

       (3) The payment for a district under this section is at a per meal rate equal

 


to the lesser of the district’s actual cost or 100% of the statewide average cost of a

 

breakfast served, as determined and approved by the department, less federal

 

reimbursement, participant payments, and other state reimbursement. The statewide

 

average cost shall be determined by the department using costs as reported in a manner

 

approved by the department for the preceding school year.

 

       (4) Notwithstanding section 17b, payments under this section may be made

 

pursuant to an agreement with the department.

 

       (5) In purchasing food for a school breakfast program funded under this

 

section, preference shall be given to food that is grown or produced by Michigan

 

businesses if it is competitively priced and of comparable quality.

 

       Sec. 32b. (1) From the funds appropriated under section 11, there is allocated

 

EACH FISCAL YEAR an amount not to exceed $5,900,000.00 for 2011-2012 2012-2013 AND

 

2013-2014 for competitive grants to intermediate districts for the creation and

 

continuance of great start communities or other community purposes as identified by

 

the early childhood investment corporation. These dollars may not be expended until

 

both of the following conditions have been met:

 

       (a) The early childhood investment corporation has identified matching dollars

 

of at least an amount equal to the amount of the matching dollars for 2006-2007.

 

       (b) The executive committee of the corporation includes, in addition to the

 

members of the executive committee provided for by the interlocal agreement creating

 

the corporation under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL

 

124.510 to 124.512, 4 members appointed by the governor as provided in this

 

subdivision. Not later than 30 days after the convening of a regular legislative

 

session in an odd-numbered year, the speaker of the house of representatives, the

 

house minority leader, the senate majority leader, and the senate minority leader

 

shall each submit to the governor a list of 3 or more individuals as nominees for

 

appointment as members of the executive committee of the corporation. The corporation

 


shall notify each of the legislative leaders of this requirement to submit a list of

 

nominees not later than 30 days before the date that the list is due. Within 60 days

 

of the submission to the governor of nominees by each of the 4 legislative leaders,

 

the governor shall appoint 1 member of the executive committee from each list of

 

nominees submitted by each of the 4 legislative leaders. A member appointed under this

 

subdivision shall serve a term as a member of the executive committee through the next

 

regular legislative session unless he or she resigns or is otherwise unable to serve.

 

When a vacancy occurs other than by expiration of a term, the corporation shall notify

 

the legislative leader who originally nominated the member of the vacancy and that

 

legislative leader shall submit to the governor a list of 3 or more individuals as

 

nominees for appointment to fill the vacancy within 30 days after being notified by

 

the corporation of the vacancy. The governor shall make an appointment to fill that

 

vacancy in the same manner as the original appointment not later than 60 days after

 

the date the vacancy occurs.

 

       (2) The early childhood investment corporation shall award grants to eligible

 

intermediate districts in an amount to be determined by the corporation.

 

       (3) In order to receive funding, each intermediate district applicant shall

 

agree to convene a local great start collaborative to address the availability of the

 

6 components of a great start system in its communities: physical health, social-

 

emotional health, family supports, basic needs, economic stability and safety, and

 

parenting education and early education and care, to ensure that every child in the

 

community is ready for kindergarten. Specifically, each grant will fund the following:

 

       (a) The completion of a community needs assessment and strategic plan for the

 

creation of a comprehensive system of early childhood services and supports,

 

accessible to all children from birth to kindergarten and their families.

 

       (b) Identification of local resources and services for children with

 

disabilities, developmental delays, or special needs and their families.

 


       (c) Coordination and expansion of infrastructure to support high-quality early

 

childhood and childcare programs.

 

       (d) Evaluation of local programs.

 

       (4) Not later than December 1 of each fiscal year, for the grants awarded under

 

this section for the immediately preceding fiscal year, the department shall provide

 

to the house and senate appropriations subcommittees on state school aid, the state

 

budget director, and the house and senate fiscal agencies a report detailing the

 

amount of each grant awarded under this section, the grant recipients, the activities

 

funded by each grant under this section, and an analysis of each grant recipient's

 

success in addressing the development of a comprehensive system of early childhood

 

services and supports.

 

       (5) An intermediate district receiving funds under this section may carry over

 

any unexpended funds received under this section into the next fiscal year and may

 

expend those unused funds in the next fiscal year. A recipient of a grant shall return

 

any unexpended grant funds to the department in the manner prescribed by the

 

department not later than September 30 of the next fiscal year after the fiscal year

 

in which the funds are received.

 

       (6) Beginning with 2012-2013, it is the intent of the legislature THE

 

DEPARTMENT SHALL DEVELOP A PLAN FOR A MULTI-YEAR PHASED-IN APPROACH to transfer

 

funding for great start collaboratives under this section into an early childhood

 

block grant program, along with funding for great start readiness programs under

 

section 32d and funding for great parents, great start programs under section 32j. The

 

early childhood block grant program will allocate funds to intermediate districts and

 

consortia of intermediate districts to act as fiduciaries and provide administration

 

of regional early childhood programs in conjunction with their regional great start

 

collaborative to improve program quality, evaluation, and efficiency for early

 

childhood programs. The department shall work with intermediate districts, districts,

 


great start collaboratives, and the early childhood investment corporation to

 

establish a revised funding formula, application process, program criteria, and data

 

reporting requirements for 2012-2013. Not later than January 1, 2012, the department

 

shall report to the legislature its recommendations for the revisions required under

 

this subsection.

 

       (7) Notwithstanding section 17b, payments under this section may be made

 

pursuant to an agreement with the department.

 

       Sec. 32d. (1) For 2011-2012 FROM THE FUNDS APPROPRIATED IN SECTION 11, there is

 

allocated EACH FISCAL YEAR FOR 2012-2013 AND 2013-2014 to eligible intermediate

 

districts and consortia of intermediate districts for great start readiness programs

 

an amount not to exceed $104,275,000.00 from the state school aid fund money

 

appropriated in section 11. Funds allocated under this section shall be used to

 

provide part-day or full-day , SCHOOL-DAY, OR GSRP/HEAD START BLENDED comprehensive

 

free compensatory CLASSROOM programs designed to do 1 or both of the following:

 

       (a) Improve IMPROVE the readiness and subsequent achievement of educationally

 

disadvantaged children as defined by the department who will be at least 4, but less

 

than 5 years of age, as of December 1 of the school year in which the programs are

 

offered, and who meet the participant eligibility and prioritization guidelines as

 

defined by the state board.

 

       (b) Provide preschool and parenting education programs similar to those under

 

former section 32b as in effect for 2001-2002. Beginning in 2007-2008, funds spent by

 

a district for programs described in this subdivision shall not exceed the lesser of

 

the amount spent by the district under this subdivision for 2006-2007 or the amount

 

spent under this subdivision in any subsequent fiscal year.

 

       (2) Funds allocated under this section shall be allocated to intermediate

 

districts or consortia of intermediate districts. An intermediate district or

 

consortium of intermediate districts receiving funding under this section shall act as

 


the fiduciary for the great start readiness programs. For 2011-2012 2012-2013, the

 

fiduciary intermediate districts and consortia of intermediate districts shall

 

allocate the funding under this section as follows:

 

       (a) An amount not to exceed $95,400,000.00 allocated to INTERMEDIATE districts

 

and consortia of INTERMEDIATE districts as directed by the department based on the

 

formula in section 39. In order to be eligible to receive funds allocated under this

 

subdivision from an intermediate district or consortium of intermediate districts, a

 

district or consortium of districts shall comply with this section and section 39.

 

       (b) An amount not to exceed $8,875,000.00 allocated in grants to competitive

 

great start readiness programs as directed by the department based on the grant award

 

process in section 32l. In order to be eligible to receive funds allocated under this

 

section from an intermediate district or consortium of intermediate districts, a

 

competitive great start readiness program shall comply with this section and section

 

32l.

 

       (3) In addition to the allocation under subsection (1), from the general fund

 

money appropriated under section 11, there is allocated an amount not to exceed

 

$300,000.00 EACH FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014 for a competitive

 

grant to continue a longitudinal evaluation of children who have participated in great

 

start readiness programs.

 

       (4) To be eligible for funding under this section, a program shall prepare

 

children for success in school through comprehensive part-day, or school-day, OR

 

GSRP/HEAD START BLENDED programs that contain all of the following program components,

 

as determined by the department:

 

       (a) Participation in a collaborative recruitment and enrollment process. At a

 

minimum, the process shall include all other funded preschool programs that may serve

 

children in the same geographic area, to assure that each child is enrolled in the

 

program most appropriate to his or her needs and to maximize the use of federal,

 


state, and local funds.

 

       (b) An age-appropriate educational curriculum that is in compliance with the

 

early childhood standards of quality for prekindergarten children adopted by the state

 

board.

 

       (c) Nutritional services for all program participants.

 

       (d) Health and developmental screening services for all program participants.

 

       (e) Referral services for families of program participants to community social

 

service agencies, as appropriate.

 

       (f) Active and continuous involvement of the parents or guardians of the

 

program participants.

 

       (g) A plan to conduct and report annual great start readiness program

 

evaluations and continuous improvement plans using criteria approved by the

 

department.

 

       (h) Participation in a multidistrict, multiagency, school readiness advisory

 

committee that provides for the involvement of classroom teachers, parents or

 

guardians of program participants, and community, volunteer, and social service

 

agencies and organizations, as appropriate. The advisory committee shall ANNUALLY

 

review the program components listed in this subsection and make recommendations for

 

changes to the great start readiness program for which it is an advisory committee.

 

       (i) The ongoing articulation of the kindergarten and first grade programs

 

offered by the program provider.

 

       (5) An application for funding under this section shall provide for the

 

following, in a form and manner determined by the department:

 

       (a) Ensure compliance with all program components described in subsection (4).

 

       (b) Ensure that more than 75% of the children participating in an eligible

 

great start readiness program are children who live with families with a household

 

income that is equal to or less than 300% of the federal poverty level.

 


       (c) Ensure that the applicant only employs UTILIZES qualified personnel for

 

this program, as follows:

 

       (i) Teachers possessing proper training. For programs managed directly by an A

 

DISTRICT OR intermediate district, a valid teaching certificate and an early childhood

 

(ZA or ZS) endorsement are required. This provision does not apply to an A DISTRICT,

 

intermediate district or competitive program that subcontracts with an eligible child

 

development program. In that situation, a teacher must have a valid Michigan teaching

 

certificate with an early childhood (ZA or ZS) endorsement, a valid Michigan

 

elementary teaching certificate with a child development associate credential, or a

 

bachelor's degree in child development with specialization in preschool teaching.

 

However, if an intermediate district APPLICANT demonstrates to the department that it

 

is unable to fully comply with this subparagraph after making reasonable efforts to

 

comply, teachers who have significant but incomplete training in early childhood

 

education or child development may be employed by the intermediate district UTILIZED

 

if the intermediate district APPLICANT provides to the department, and the department

 

approves, a plan for each teacher to come into compliance with the standards in this

 

subparagraph. A teacher's compliance plan must be completed within 2 years of the date

 

of employment. Progress toward completion of the compliance plan shall consist of at

 

least 2 courses per calendar year.

 

       (ii) Paraprofessionals possessing proper training in early childhood

 

development, including an associate's degree in early childhood education or child

 

development or the equivalent, or a child development associate (CDA) credential.

 

However, if an intermediate district APPLICANT demonstrates to the department that it

 

is unable to fully comply with this subparagraph after making reasonable efforts to

 

comply, the intermediate district APPLICANT may employ UTILIZE paraprofessionals who

 

have completed at least 1 course that earns college credit in early childhood

 

education or child development if the intermediate district APPLICANT provides to the

 


department, and the department approves, a plan for each paraprofessional to come into

 

compliance with the standards in this subparagraph. A paraprofessional's compliance

 

plan must be completed within 2 years of the date of employment. Progress toward

 

completion of the compliance plan shall consist of at least 2 courses or 60 clock

 

hours of training per calendar year.

 

       (d) Include a program budget that contains only those costs that are not

 

reimbursed or reimbursable by federal funding, that are clearly and directly

 

attributable to the great start readiness program, and that would not be incurred if

 

the program were not being offered. The program budget shall indicate the extent to

 

which these funds will supplement other federal, state, local, or private funds. Funds

 

received under this section shall not be used to supplant any federal funds by the

 

applicant to serve children eligible for a federally funded existing preschool program

 

that has the capacity to serve those children.

 

       (6) For a grant recipient that enrolls pupils in a school-day program funded

 

under this section, each child enrolled in the school-day program shall be counted as

 

2 children served by the program for purposes of determining the number of children to

 

be served and for determining the amount of the grant award. A grant award shall not

 

be increased solely on the basis of providing a school-day program.

 

       (7) An intermediate district or consortium of intermediate districts receiving

 

a grant under this section may contract with for-profit or nonprofit preschool center

 

providers that meet all requirements of subsection (4) and retain for administrative

 

services an amount equal to not more than 5% of the grant amount. An intermediate

 

district, consortium of intermediate districts, or competitive grant program may

 

expend not more than 10% of the total grant amount for administration of the program.

 

       (8) Any public or private for-profit or nonprofit legal entity or agency may

 

apply for a competitive grant under this section. However, a district or intermediate

 

district may not apply for a competitive grant under this section unless the district,

 


intermediate district, or consortium of districts or intermediate districts is acting

 

as a local grantee for the federal head start program operating under the head start

 

act, 42 USC 9831 to 9852.

 

       (9) A recipient of funds under this section shall report to the department in a

 

form and manner prescribed by the department the number of children participating in

 

the program who meet the income or other eligibility criteria prescribed by the

 

department and the total number of children participating in the program. For children

 

participating in the program who meet the income or other eligibility criteria

 

specified under subsection (5)(b), a recipient shall also report whether or not a

 

parent is available to provide care based on employment status. For the purposes of

 

this subsection, "employment status" shall be defined by the department of human

 

services in a manner consistent with maximizing the amount of spending that may be

 

claimed for temporary assistance for needy families maintenance of effort purposes.

 

       (10) As used in this section:

 

       (A) "GSRP/HEAD START BLENDED PROGRAM" MEANS A PART-DAY PROGRAM FUNDED UNDER

 

THIS SECTION AND A HEAD START PROGRAM, WHICH ARE COMBINED FOR A SCHOOL-DAY PROGRAM.

 

       (B) (a) "Part-day program" means a program that operates at least 4 days per

 

week, 30 weeks per year, for at least 3 hours of teacher-child contact time per day

 

but for fewer hours of teacher-child contact time per day than a school-day program.

 

       (C) (b) "School-day program" means a program that operates for at least the

 

same length of day as a district's first grade program for a minimum of 4 days per

 

week, 30 weeks per year. A classroom that offers a school-day program must enroll all

 

children for the school day to be considered a school-day program.

 

       (11) A grant recipient receiving funds under this section is encouraged to

 

establish a sliding scale of tuition rates based upon a child's family income for the

 

purpose of expanding eligible programs under this section. A grant recipient may

 

charge tuition for programs provided under this section according to that sliding

 


scale of tuition rates on a uniform basis for any child who does not meet the program

 

eligibility requirements under this section.

 

       (12) Beginning with 2012-2013, it is the intent of the legislature THE

 

DEPARTMENT SHALL DEVELOP A PLAN FOR A MULTI-YEAR PHASED-IN APPROACH to transfer

 

funding for great start readiness programs under this section into an early childhood

 

block grant program, along with funding for great start collaboratives under section

 

32b and funding for great parents, great start programs under section 32j. The early

 

childhood block grant program will allocate funds to intermediate districts and

 

consortia of intermediate districts to act as fiduciaries and provide administration

 

of regional early childhood programs in conjunction with their regional great start

 

collaborative to improve program quality, evaluation, and efficiency for early

 

childhood programs. The department shall work with intermediate districts, districts,

 

great start collaboratives, and the early childhood investment corporation to

 

establish a revised funding formula, application process, program criteria, and data

 

reporting requirements for 2012-2013. Not later than January 1, 2012, the department

 

shall report to the legislature its recommendations for the revisions required under

 

this subsection.

 

       Sec. 32j. (1) From the appropriations in section 11, there is allocated an

 

amount EACH FISCAL YEAR not to exceed $5,000,000.00 for 2011-2012 2012-2013 AND 2013-

 

2014 for great parents, great start grants to intermediate districts to provide

 

programs for parents with young children. The purpose of these programs is to

 

encourage early mathematics and reading literacy, improve school readiness, reduce the

 

need for special education services, and foster the maintenance of stable families by

 

encouraging positive parenting skills.

 

       (2) To qualify for funding under this section, a program shall provide services

 

to all families with children age 5 or younger residing within the intermediate

 

district who choose to participate, including at least all of the following services:

 


       (a) Providing parents with information on child development from birth to age

 

5.

 

       (b) Providing parents with methods to enhance parent-child interaction that

 

promote social and emotional development and age-appropriate language, mathematics,

 

and early reading skills for young children; including, but not limited to,

 

encouraging parents to read to their preschool children at least 1/2 hour per day.

 

       (c) Providing parents with examples of learning opportunities to promote

 

intellectual, physical, and social growth of young children, including the acquisition

 

of age-appropriate language, mathematics, and early reading skills.

 

       (d) Promoting access to needed community services through a community-school-

 

home partnership.

 

       (3) To receive a grant under this section, an intermediate district shall

 

submit a plan to the department not later than October 15, 2011 2012 in the form and

 

manner prescribed by the department. The plan shall do all of the following in a

 

manner prescribed by the department:

 

       (a) Provide a plan for the delivery of the program components described in

 

subsection (2) that targets resources based on family need and provides for educators

 

trained in child development to help parents understand their role in their child's

 

developmental process, thereby promoting school readiness and mitigating the need for

 

special education services.

 

       (b) Demonstrate an adequate collaboration of local entities involved in

 

providing programs and services for preschool children and their parents and, where

 

there is a great start collaborative, demonstrate that the planned services are part

 

of the community's great start strategic plan.

 

       (c) Provide a projected budget for the program to be funded. The intermediate

 

district shall provide at least a 20% local match from local public or private

 

resources for the funds received under this section. Not more than 1/2 of this

 


matching requirement, up to a total of 10% of the total project budget, may be

 

satisfied through in-kind services provided by participating providers of programs or

 

services. In addition, not more than 10% of the grant may be used for program

 

administration.

 

       (4) Each intermediate district receiving a grant under this section shall agree

 

to include a data collection system approved by the department. The data collection

 

system shall provide a report by October 15 of each year on the number of children in

 

families with income below 200% 300% of the federal poverty level that received

 

services under this program and the total number of children who received services

 

under this program.

 

       (5) The department or superintendent, as applicable, shall do all of the

 

following:

 

       (a) The superintendent shall approve or disapprove the plans and notify the

 

intermediate district of that decision not later than November 15, 2011 2012. The

 

amount allocated to each intermediate district shall be at least an amount equal to

 

100% of the intermediate district's 2010-2011 2011-2012 payment under this section.

 

       (b) The department shall ensure that all programs funded under this section

 

utilize the most current validated research-based methods and curriculum for providing

 

the program components described in subsection (2).

 

       (6) An intermediate district receiving funds under this section shall use the

 

funds only for the program funded under this section. An intermediate district

 

receiving funds under this section may carry over any unexpended funds received under

 

this section into the next fiscal year and may expend those unused funds in the next

 

fiscal year. A recipient of a grant shall return any unexpended grant funds to the

 

department in the manner prescribed by the department not later than September 30 of

 

the next fiscal year after the fiscal year in which the funds are received.

 

       (7) Beginning with 2012-2013, it is the intent of the legislature THE

 


DEPARTMENT SHALL DEVELOP A PLAN FOR A MULTI-YEAR PHASED-IN APPROACH to transfer

 

funding for great parents, great start programs under this section into an early

 

childhood block grant program, along with funding for great start collaboratives under

 

section 32b and funding for great start readiness programs under section 32d. The

 

early childhood block grant program will allocate funds to intermediate districts and

 

consortia of intermediate districts to act as fiduciaries and provide administration

 

of regional early childhood programs in conjunction with their regional great start

 

collaborative to improve program quality, evaluation, and efficiency for early

 

childhood programs. The department shall work with intermediate districts, districts,

 

great start collaboratives, and the early childhood investment corporation to

 

establish a revised funding formula, application process, program criteria, and data

 

reporting requirements for 2012-2013. Not later than January 1, 2012, the department

 

shall report to the legislature its recommendations for the revisions required under

 

this subsection.

 

       Sec. 39. (1) A district AN ELIGIBLE APPLICANT receiving funds from an

 

intermediate district or consortium of intermediate districts under section 32d shall

 

submit a preapplication, in a form and manner prescribed by the department, by a date

 

specified by the department in the immediately preceding state fiscal year. The

 

preapplication shall include a comprehensive needs assessment USING AGGREGATED DATA

 

FROM THE ENTIRE SERVICE AREA OF THE APPLICANT and community collaboration plan, which

 

is endorsed by the local great start collaborative and is part of the community's

 

great start strategic plan that includes, but is not limited to, great start readiness

 

program and head start providers, and shall identify all of the following:

 

       (a) The estimated total number of children in the community who meet the

 

criteria of section 32d and how that calculation was made.

 

       (b) The estimated number of children in the community who meet the criteria of

 

section 32d and are being served by other early childhood development programs

 


operating in the community, and how that calculation was made.

 

       (c) The number of children the district APPLICANT will be able to serve who

 

meet the criteria of section 32d including a verification of physical facility and

 

staff resources capacity.

 

       (d) The estimated number of children who meet the criteria of section 32d who

 

will remain unserved after the district APPLICANT and community early childhood

 

programs have met their funded enrollments. The school district APPLICANT shall

 

maintain a waiting list of identified unserved eligible children who would be served

 

when openings are available.

 

       (2) A district AN APPLICANT receiving funds from an intermediate district or

 

consortium of intermediate districts under section 32d shall also submit a final

 

application for approval, in a form and manner prescribed by the department, by a date

 

specified by the department, that details how the district APPLICANT complies with the

 

program components established by the department pursuant to section 32d.

 

       (3) The number of prekindergarten children construed to be in need of special

 

readiness assistance under section 32d shall be calculated for each district APPLICANT

 

in the following manner: 1/2 of the percentage of the district's pupils in grades 1 to

 

5 IN ALL DISTRICTS SERVED BY THE APPLICANT who are eligible for free lunch, as

 

determined using the district's pupil membership count as of the pupil membership

 

count day in the school year prior to the fiscal year for which the calculation is

 

made, under the Richard B. Russell national school lunch act, 42 USC 1751 to 1769i,

 

shall be multiplied by the average kindergarten enrollment of the district DISTRICTS

 

SERVED BY THE APPLICANT on the pupil membership count day of the 2 immediately

 

preceding fiscal years.

 

       (4) The initial allocation for each fiscal year to each eligible district

 

APPLICANT under section 32d shall be determined by multiplying the number of children

 

determined by the formula under subsection (3) or the number of children the district

 


APPLICANT indicates it will be able to serve under subsection (1)(c), whichever is

 

less, by $3,400.00 and shall be distributed among districts APPLICANTS in decreasing

 

order of concentration of eligible children as determined by the formula under

 

subsection (3). If the number of children a district AN APPLICANT indicates it will be

 

able to serve under subsection (1)(c) includes children able to be served in a school-

 

day program, then the number able to be served in a school-day program shall be

 

doubled for the purposes of making this calculation of the lesser of the number of

 

children determined by the formula under subsection (3) and the number of children the

 

district APPLICANT indicates it will be able to serve under subsection (1)(c) and

 

determining the amount of the initial allocation to the district APPLICANT under

 

section 32d. A district AN APPLICANT may contract with a head start agency to serve

 

children enrolled in head start with a school-day program by blending head start funds

 

with a part-day great start readiness program allocation. All head start and great

 

start readiness program policies and regulations apply to the blended program.

 

       (5) If funds allocated for eligible districts APPLICANTS in section 32d remain

 

after the initial allocation under subsection (4), the allocation under this

 

subsection shall be distributed to each eligible district APPLICANT under section 32d

 

in decreasing order of concentration of eligible children as determined by the formula

 

under subsection (3). The allocation shall be determined by multiplying the number of

 

children each eligible district WITHIN THE APPLICANT’S SERVICE AREA served in the

 

immediately preceding fiscal year or the number of children the district APPLICANT

 

indicates it will be able to serve under subsection (1)(c), whichever is less, minus

 

the number of children for which the district APPLICANT received funding in subsection

 

(4) by $3,400.00.

 

       (6) If funds allocated for eligible districts APPLICANTS in section 32d remain

 

after the allocations under subsections (4) and (5), remaining funds shall be

 

distributed to each eligible district APPLICANT under section 32d in decreasing order

 


of concentration of eligible children as determined by the formula under subsection

 

(3). If the number of children the district APPLICANT indicates it will be able to

 

serve under subsection (1)(c) exceeds the number of children for which funds have been

 

received under subsections (4) and (5), the allocation under this subsection shall be

 

determined by multiplying the number of children the district APPLICANT indicates it

 

will be able to serve under subsection (1)(c) less the number of children for which

 

funds have been received under subsections (4) and (5) by $3,400.00 until the funds

 

allocated for eligible districts APPLICANTS in section 32d are distributed.

 

       (7) If a district is participating in a program under section 32d for the first

 

year, the maximum allocation under this section is 32 multiplied by $3,400.00.

 

       (7) (8) A district AN APPLICANT that offers supplementary child care funded by

 

funds other than those received under this section 32D and therefore offers full-day

 

programs as part of its early childhood development program shall receive priority in

 

the allocation of funds under section 32d over other eligible districts APPLICANTS. As

 

used in this subsection, "full-day program" means a program that provides

 

supplementary child care that totals at least 10 hours of programming per day.

 

       (9) For any district with 315 or more eligible pupils, the number of eligible

 

pupils shall be 65% of the number calculated using the formula under subsection (3).

 

However, none of these districts may have less than 315 pupils for purposes of

 

calculating the tentative allocation for eligible districts under section 32d.

 

       (8) (10) If, taking into account the total amount to be allocated to the

 

district APPLICANT as calculated under this section, a district AN APPLICANT

 

determines that it is able to include additional eligible children in the great start

 

readiness program without additional funds under section 32d, the district APPLICANT

 

may include additional eligible children but shall not receive additional funding

 

under section 32d for those children.

 

       (11) A consortium of 2 or more districts shall be eligible for an allocation

 


under section 32d if the districts designate a district or intermediate district to

 

serve as the fiscal agent for the consortium's allocation. A consortium shall submit a

 

single application for the total number of children to be served. The consortium may

 

decide, with approval of all consortium members, to serve numbers of children based on

 

the allocation to each district or based on the allocation to the entire consortium,

 

allowing children residing in any district in the consortium to be served by the

 

consortium at any location.

 

       Sec. 39a. (1) From the federal funds appropriated in section 11, there is

 

allocated EACH FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014 to districts,

 

intermediate districts, and other eligible entities all available federal funding,

 

estimated at $761,973,600.00 $812,328,500.00, for the federal programs under the no

 

child left behind act of 2001, Public Law 107-110. These funds are allocated as

 

follows:

 

       (a) An amount estimated at $10,808,600.00 to provide students with drug- and

 

violence-prevention programs and to implement strategies to improve school safety,

 

funded from DED-OESE, drug-free schools and communities funds.

 

       (b) An amount estimated at $7,461,800.00 $250,000.00 for the purpose of

 

improving teaching and learning through a more effective use of technology, funded

 

from DED-OESE, educational technology state grant funds.

 

       (c) An amount estimated at $109,411,900.00 $111,111,900.00 for the purpose of

 

preparing, training, and recruiting high-quality teachers and class size reduction,

 

funded from DED-OESE, improving teacher quality funds.

 

       (d) An amount estimated at $10,322,300.00 $12,200,000.00 for programs to teach

 

English to limited English proficient (LEP) children, funded from DED-OESE, language

 

acquisition state grant funds.

 

       (e) An amount estimated at $8,550,000.00 $10,286,500.00 for the Michigan

 

charter school subgrant program, funded from DED-OESE, charter school funds.

 


       (f) An amount estimated at $1,760,000.00 $2,393,500.00 for rural and low income

 

schools, funded from DED-OESE, rural and low income school funds.

 

       (g) An amount estimated at $1,000.00 to help schools develop and implement

 

comprehensive school reform programs, funded from DED-OESE, title I and title X,

 

comprehensive school reform funds.

 

       (G) (h) An amount estimated at $517,479,800.00 $591,500,000.00 to provide

 

supplemental programs to enable educationally disadvantaged children to meet

 

challenging academic standards, funded from DED-OESE, title I, disadvantaged children

 

funds.

 

       (H) (i) An amount estimated at $2,152,700.00 $250,000.00 for the purpose of

 

providing unified family literacy programs, funded from DED-OESE, title I, even start

 

funds.

 

       (I) (j) An amount estimated at $8,807,200.00 $8,878,000.00 for the purpose of

 

identifying and serving migrant children, funded from DED-OESE, title I, migrant

 

education funds.

 

       (k) An amount estimated at $24,733,200.00 to promote high-quality school

 

reading instruction for grades K-3, funded from DED-OESE, title I, reading first state

 

grant funds.

 

       (l) An amount estimated at $2,849,000.00 for the purpose of implementing

 

innovative strategies for improving student achievement, funded from DED-OESE, title

 

VI, innovative strategies funds.

 

       (J) (m) An amount estimated at $40,050,000.00 for the purpose of providing

 

high-quality extended learning opportunities, after school and during the summer, for

 

children in low-performing schools, funded from DED-OESE, twenty-first century

 

community learning center funds.

 

       (K) (n) An amount estimated at $17,586,100.00 $24,600,000.00 to help support

 

local school improvement efforts, funded from DED-OESE, title I, local school

 


improvement grants.

 

       (2) From the federal funds appropriated in section 11, there is allocated EACH

 

FISCAL YEAR for 2011-2012 2012-2013 and 2013-2014 to districts, intermediate

 

districts, and other eligible entities all available federal funding, estimated at

 

$32,359,700.00 $33,514,100.00, for the following programs that are funded by federal

 

grants:

 

       (a) An amount estimated at $600,000.00 for acquired immunodeficiency syndrome

 

education grants, funded from HHS – center for disease control, AIDS funding.

 

       (b) An amount estimated at $1,814,100.00 to provide services to homeless

 

children and youth, funded from DED-OVAE, homeless children and youth funds.

 

       (c) An amount estimated at $1,445,600.00 $2,600,000.00 for serve America

 

grants, funded from the corporation for national and community service funds.

 

       (d) An amount estimated at $28,500,000.00 for providing career and technical

 

education services to pupils, funded from DED-OVAE, basic grants to states.

 

       (3) To the extent allowed under federal law, the funds allocated under

 

subsection (1)(h)(G), (i) (H), AND (k), and (n) may be used for 1 or more reading

 

improvement programs that meet at least 1 of the following:

 

       (a) A research-based, validated, structured reading program that aligns

 

learning resources to state standards and includes continuous assessment of pupils and

 

individualized education plans for pupils.

 

       (b) A mentoring program that is a research-based, validated program or a

 

statewide 1-to-1 mentoring program and is designed to enhance the independence and

 

life quality of pupils who are mentally impaired by providing opportunities for

 

mentoring and integrated employment.

 

       (c) A cognitive development program that is a research-based, validated

 

educational service program focused on assessing and building essential cognitive and

 

perceptual learning abilities to strengthen pupil concentration and learning.

 


       (d) A structured mentoring-tutorial reading program for pupils in preschool to

 

grade 4 that is a research-based, validated program that develops individualized

 

educational plans based on each pupil's age, assessed needs, reading level, interests,

 

and learning style.

 

       (4) All federal funds allocated under this section shall be distributed in

 

accordance with federal law and with flexibility provisions outlined in Public Law

 

107-116, and in the education flexibility partnership act of 1999, Public Law 106-25.

 

Notwithstanding section 17b, payments of federal funds to districts, intermediate

 

districts, and other eligible entities under this section shall be paid on a schedule

 

determined by the department.

 

       (5) For the purposes of applying for federal grants appropriated under this

 

article, the department shall allow an intermediate district to submit a consortium

 

application on behalf of 2 or more districts with the agreement of those districts as

 

appropriate according to federal rules and guidelines.

 

       (6) As used in this section:

 

       (a) "DED" means the United States department of education.

 

       (b) "DED-OESE" means the DED office of elementary and secondary education.

 

       (c) "DED-OVAE" means the DED office of vocational and adult education.

 

       (d) "HHS" means the United States department of health and human services.

 

       (e) "HHS-ACF" means the HHS administration for children and families.

 

       Sec. 51a. (1) From the appropriation in section 11, there is allocated for

 

2010-2011 2012-2013 an amount not to exceed $909,087,100.00 $990,269,100.00 and there

 

is allocated for 2011-2012 2013-2014 an amount not to exceed $977,469,100.00

 

$1,022,869,100.00 from state sources and all available federal funding under sections

 

611 to 619 of part B of the individuals with disabilities education act, 20 USC 1411

 

to 1419, estimated at $385,700,000.00 for 2010-2011, and estimated at $363,400,000.00

 

$365,000,000.00 EACH FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014, plus any

 


carryover federal funds from previous year appropriations. The allocations under this

 

subsection are for the purpose of reimbursing districts and intermediate districts for

 

special education programs, services, and special education personnel as prescribed in

 

article 3 of the revised school code, MCL 380.1701 to 380.1766; net tuition payments

 

made by intermediate districts to the Michigan schools for the deaf and blind; and

 

special education programs and services for pupils who are eligible for special

 

education programs and services according to statute or rule. For meeting the costs of

 

special education programs and services not reimbursed under this article, a district

 

or intermediate district may use money in general funds or special education funds,

 

not otherwise restricted, or contributions from districts to intermediate districts,

 

tuition payments, gifts and contributions from individuals, ENTITIES or federal funds

 

that may be available for this purpose, as determined by the intermediate district

 

plan prepared pursuant to article 3 of the revised school code, MCL 380.1701 to

 

380.1766. All federal funds allocated under this section in excess of those allocated

 

under this section for 2002-2003 may be distributed in accordance with the flexible

 

funding provisions of the individuals with disabilities education act, Public Law 108-

 

446, including, but not limited to, 34 CFR 300.206 and 300.208. Notwithstanding

 

section 17b, payments of federal funds to districts, intermediate districts, and other

 

eligible entities under this section shall be paid on a schedule determined by the

 

department.

 

       (2) From the funds allocated under subsection (1), there is allocated each

 

fiscal year the amount necessary, estimated at $233,199,100.00 $257,300,000.00 for

 

2010-2011 2012-2013 and estimated at $245,500,000.00 $264,800,000.00 for 2011-2012

 

2013-2014, for payments toward reimbursing districts and intermediate districts for

 

28.6138% of total approved costs of special education, excluding costs reimbursed

 

under section 53a, and 70.4165% of total approved costs of special education

 

transportation. Allocations under this subsection shall be made as follows:

 


       (a) The initial amount allocated to a district under this subsection toward

 

fulfilling the specified percentages shall be calculated by multiplying the district’s

 

special education pupil membership, excluding pupils described in subsection (12),

 

times the foundation allowance under section 20 of the pupil’s district of residence,

 

not to exceed the basic foundation allowance under section 20 for the current fiscal

 

year, or, for a special education pupil in membership in a district that is a public

 

school academy or university school times an amount equal to the amount per membership

 

pupil calculated under section 20(6) OR, FOR A PUPIL DESCRIBED IN THIS SUBSECTION WHO

 

IS COUNTED IN MEMBERSHIP IN THE EDUCATION ACHIEVEMENT SYSTEM TIMES AN AMOUNT EQUAL TO

 

THE AMOUNT PER MEMBERSHIP PUPIL UNDER SECTION 20(7). For an intermediate district, the

 

amount allocated under this subdivision toward fulfilling the specified percentages

 

shall be an amount per special education membership pupil, excluding pupils described

 

in subsection (12) (11), and shall be calculated in the same manner as for a district,

 

using the foundation allowance under section 20 of the pupil’s district of residence,

 

not to exceed the basic foundation allowance under section 20 for the current fiscal

 

year.

 

       (b) After the allocations under subdivision (a), districts and intermediate

 

districts for which the payments calculated under subdivision (a) do not fulfill the

 

specified percentages shall be paid the amount necessary to achieve the specified

 

percentages for the district or intermediate district.

 

       (3) From the funds allocated under subsection (1), there is allocated EACH

 

FISCAL YEAR for 2010-2011 only 2012-2013 AND 2013-2014 the amount necessary, estimated

 

at $1,734,000.00 for 2010-2011 $1,000,000.00 FOR EACH FISCAL YEAR, to make payments to

 

districts and intermediate districts under this subsection. From the funds allocated

 

under subsection (1), there is allocated for 2011-2012 an amount not to exceed

 

$1,000,000.00 to make payments to districts and intermediate districts under this

 

subsection. If the amount allocated to a district or intermediate district for a

 


fiscal year under subsection (2)(b) is less than the sum of the amounts allocated to

 

the district or intermediate district for 1996-97 under sections 52 and 58, there is

 

allocated to the district or intermediate district for the fiscal year an amount equal

 

to that difference, adjusted by applying the same proration factor that was used in

 

the distribution of funds under section 52 in 1996-97 as adjusted to the district’s or

 

intermediate district’s necessary costs of special education used in calculations for

 

the fiscal year. This adjustment is to reflect reductions in special education program

 

operations or services between 1996-97 and subsequent fiscal years. Adjustments for

 

reductions in special education program operations or services shall be made in a

 

manner determined by the department and shall include adjustments for program or

 

service shifts.

 

       (4) If the department determines that the sum of the amounts allocated for a

 

fiscal year to a district or intermediate district under subsection (2)(a) and (b) is

 

not sufficient to fulfill the specified percentages in subsection (2), then the

 

shortfall shall be paid to the district or intermediate district during the fiscal

 

year beginning on the October 1 following the determination and payments under

 

subsection (3) shall be adjusted as necessary. If the department determines that the

 

sum of the amounts allocated for a fiscal year to a district or intermediate district

 

under subsection (2)(a) and (b) exceeds the sum of the amount necessary to fulfill the

 

specified percentages in subsection (2), then the department shall deduct the amount

 

of the excess from the district’s or intermediate district’s payments under this act

 

ARTICLE for the fiscal year beginning on the October 1 following the determination and

 

payments under subsection (3) shall be adjusted as necessary. However, if the amount

 

allocated under subsection (2)(a) in itself exceeds the amount necessary to fulfill

 

the specified percentages in subsection (2), there shall be no deduction under this

 

subsection.

 

       (5) State funds shall be allocated on a total approved cost basis. Federal

 


funds shall be allocated under applicable federal requirements, except that an amount

 

not to exceed $3,500,000.00 may be allocated by the department each fiscal year for

 

2010-2011 2012-2013 and for 2011-2012 2013-2014 to districts, intermediate districts,

 

or other eligible entities on a competitive grant basis for programs, equipment, and

 

services that the department determines to be designed to benefit or improve special

 

education on a statewide scale.

 

       (6) From the amount allocated in subsection (1), there is allocated an amount

 

not to exceed $1,700,000.00 for 2010‑2011 and an amount not to exceed $2,200,000.00

 

EACH FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014 to reimburse 100% of the net

 

increase in necessary costs incurred by a district or intermediate district in

 

implementing the revisions in the administrative rules for special education that

 

became effective on July 1, 1987. As used in this subsection, "net increase in

 

necessary costs" means the necessary additional costs incurred solely because of new

 

or revised requirements in the administrative rules minus cost savings permitted in

 

implementing the revised rules. Net increase in necessary costs shall be determined in

 

a manner specified by the department.

 

       (7) For purposes of sections 51a to 58, all of the following apply:

 

       (a) "Total approved costs of special education" shall be determined in a manner

 

specified by the department and may include indirect costs, but shall not exceed 115%

 

of approved direct costs for section 52 and section 53a programs. The total approved

 

costs include salary and other compensation for all approved special education

 

personnel for the program, including payments for social security and medicare and

 

public school employee retirement system contributions. The total approved costs do

 

not include salaries or other compensation paid to administrative personnel who are

 

not special education personnel as defined in section 6 of the revised school code,

 

MCL 380.6. Costs reimbursed by federal funds, other than those federal funds included

 

in the allocation made under this article, are not included. Special education

 


approved personnel not utilized full time in the evaluation of students or in the

 

delivery of special education programs, ancillary, and other related services shall be

 

reimbursed under this section only for that portion of time actually spent providing

 

these programs and services, with the exception of special education programs and

 

services provided to youth placed in child caring institutions or juvenile detention

 

programs approved by the department to provide an on-grounds education program.

 

       (b) Beginning with the 2004-2005 fiscal year, a district or intermediate

 

district that employed special education support services staff to provide special

 

education support services in 2003-2004 or in a subsequent fiscal year and that in a

 

fiscal year after 2003-2004 receives the same type of support services from another

 

district or intermediate district shall report the cost of those support services for

 

special education reimbursement purposes under this article. This subdivision does not

 

prohibit the transfer of special education classroom teachers and special education

 

classroom aides if the pupils counted in membership associated with those special

 

education classroom teachers and special education classroom aides are transferred and

 

counted in membership in the other district or intermediate district in conjunction

 

with the transfer of those teachers and aides.

 

       (c) If the department determines before bookclosing for a fiscal year that the

 

amounts allocated for that fiscal year under subsections (2), (3), (6), (8), and (12)

 

and sections 53a, 54, and 56 will exceed expenditures for that fiscal year under

 

subsections (2), (3), (6), (8), and (12) and sections 53a, 54, and 56, then for a

 

district or intermediate district whose reimbursement for that fiscal year would

 

otherwise be affected by subdivision (b), subdivision (b) does not apply to the

 

calculation of the reimbursement for that district or intermediate district and

 

reimbursement for that district or intermediate district shall be calculated in the

 

same manner as it was for 2003-2004. If the amount of the excess allocations under

 

subsections (2), (3), (6), (8), and (12) and sections 53a, 54, and 56 is not

 


sufficient to fully fund the calculation of reimbursement to those districts and

 

intermediate districts under this subdivision, then the calculations and resulting

 

reimbursement under this subdivision shall be prorated on an equal percentage basis.

 

       (C) (d) Reimbursement for ancillary and other related services, as defined by R

 

340.1701c of the Michigan administrative code, shall not be provided when those

 

services are covered by and available through private group health insurance carriers

 

or federal reimbursed program sources unless the department and district or

 

intermediate district agree otherwise and that agreement is approved by the state

 

budget director. Expenses, other than the incidental expense of filing, shall not be

 

borne by the parent. In addition, the filing of claims shall not delay the education

 

of a pupil. A district or intermediate district shall be responsible for payment of a

 

deductible amount and for an advance payment required until the time a claim is paid.

 

       (D) (e) Beginning with calculations for 2004-2005, if an intermediate district

 

purchases a special education pupil transportation service from a constituent district

 

that was previously purchased from a private entity; if the purchase from the

 

constituent district is at a lower cost, adjusted for changes in fuel costs; and if

 

the cost shift from the intermediate district to the constituent does not result in

 

any net change in the revenue the constituent district receives from payments under

 

sections 22b and 51c, then upon application by the intermediate district, the

 

department shall direct the intermediate district to continue to report the cost

 

associated with the specific identified special education pupil transportation service

 

and shall adjust the costs reported by the constituent district to remove the cost

 

associated with that specific service.

 

       (8) From the allocation in subsection (1), there is allocated for 2010-2011

 

only an amount not to exceed $15,313,900.00 to intermediate districts. The payment

 

under this subsection to each intermediate district shall be equal to the amount of

 

the 1996-97 allocation to the intermediate district under subsection (6) of this

 


section as in effect for 1996-97.

 

       (8) (9) A pupil who is enrolled in a full-time special education program

 

conducted or administered by an intermediate district or a pupil who is enrolled in

 

the Michigan schools for the deaf and blind shall not be included in the membership

 

count of a district, but shall be counted in membership in the intermediate district

 

of residence.

 

       (9) (10) Special education personnel transferred from 1 district to another to

 

implement the revised school code shall be entitled to the rights, benefits, and

 

tenure to which the person would otherwise be entitled had that person been employed

 

by the receiving district originally.

 

       (10) (11) If a district or intermediate district uses money received under this

 

section for a purpose other than the purpose or purposes for which the money is

 

allocated, the department may require the district or intermediate district to refund

 

the amount of money received. Money that is refunded shall be deposited in the state

 

treasury to the credit of the state school aid fund.

 

       (11) (12) From the funds allocated in subsection (1), there is allocated each

 

fiscal year the amount necessary, estimated at $5,000,000.00 for 2010-2011, and

 

estimated at $6,800,000.00 $4,800,000.00 for 2011-2012 2012-2013 AND 2013-2014, to pay

 

the foundation allowances for pupils described in this subsection. The allocation to a

 

district under this subsection shall be calculated by multiplying the number of pupils

 

described in this subsection who are counted in membership in the district times the

 

foundation allowance under section 20 of the pupil’s district of residence, not to

 

exceed the basic foundation allowance under section 20 for the current fiscal year,

 

or, for a pupil described in this subsection who is counted in membership in a

 

district that is a public school academy or university school times an amount equal to

 

the amount per membership pupil under section 20(6) OR, FOR A PUPIL DESCRIBED IN THIS

 

SUBSECTION WHO IS COUNTED IN MEMBERSHIP IN THE EDUCATION ACHIEVEMENT SYSTEM TIMES AN

 


AMOUNT EQUAL TO THE AMOUNT PER MEMBERSHIP PUPIL UNDER SECTION 20(7). The allocation to

 

an intermediate district under this subsection shall be calculated in the same manner

 

as for a district, using the foundation allowance under section 20 of the pupil’s

 

district of residence, not to exceed the basic foundation allowance under section 20

 

for the current fiscal year. This subsection applies to all of the following pupils:

 

       (a) Pupils described in section 53a.

 

       (b) Pupils counted in membership in an intermediate district who are not

 

special education pupils and are served by the intermediate district in a juvenile

 

detention or child caring facility.

 

       (c) Pupils with an emotional impairment counted in membership by an

 

intermediate district and provided educational services by the department of community

 

health.

 

       (12) (13) If it is determined that funds allocated under subsection (2) or (12)

 

(11) or under section 51c will not be expended, funds up to the amount necessary and

 

available may be used to supplement the allocations under subsection (2) or (12) (11)

 

or under section 51c in order to fully fund those allocations. After payments under

 

subsections (2) and (12) (11) and section 51c, the remaining expenditures from the

 

allocation in subsection (1) shall be made in the following order:

 

       (a) 100% of the reimbursement required under section 53a.

 

       (b) 100% of the reimbursement required under subsection (6).

 

       (c) 100% of the payment required under section 54.

 

       (d) 100% of the payment required under subsection (3).

 

       (e) 100% of the payment required under subsection (8).

 

       (E) (f) 100% of the payments under section 56.

 

       (13) (14) The allocations under subsections (2), (3), and (12) (11) shall be

 

allocations to intermediate districts only and shall not be allocations to districts,

 

but instead shall be calculations used only to determine the state payments under

 


section 22b.

 

       (14) (15) If a public school academy enrolls pursuant to this section a pupil

 

who resides outside of the intermediate district in which the public school academy is

 

located and 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, the provision of special

 

education programs and services and the payment of the added costs of special

 

education programs and services for the pupil are the responsibility of the district

 

and intermediate district in which the pupil resides unless the enrolling district or

 

intermediate district has a written agreement with the district or intermediate

 

district in which the pupil resides or the public school academy for the purpose of

 

providing the pupil with a free appropriate public education and the written agreement

 

includes at least an agreement on the responsibility for the payment of the added

 

costs of special education programs and services for the pupil.

 

       Sec. 51c. As required by the court in the consolidated cases known as Durant v

 

State of Michigan, Michigan supreme court docket no. 104458-104492, from the

 

allocation under section 51a(1), there is allocated each fiscal year for 2010-2011 and

 

for 2011-2012 the amount necessary, estimated at $601,271,000.00 $672,900,000.00 for

 

2010-2011 2012-2013 and estimated at $669,900,000.00 $698,000,000.00 for 2011-2012

 

2013-2014, for payments to reimburse districts for 28.6138% of total approved costs of

 

special education excluding costs reimbursed under section 53a, and 70.4165% of total

 

approved costs of special education transportation. Funds allocated under this section

 

that are not expended in the state fiscal year for which they were allocated, as

 

determined by the department, may be used to supplement the allocations under sections

 

22a and 22b in order to fully fund those calculated allocations for the same fiscal

 

year.

 

       Sec. 51d. (1) From the federal funds appropriated in section 11, there is

 


allocated EACH FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014 all available federal

 

funding, estimated at $74,000,000.00, for special education programs that are funded

 

by federal grants. All federal funds allocated under this section shall be distributed

 

in accordance with federal law. Notwithstanding section 17b, payments of federal funds

 

to districts, intermediate districts, and other eligible entities under this section

 

shall be paid on a schedule determined by the department.

 

       (2) From the federal funds allocated under subsection (1), the following

 

amounts are allocated EACH FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014:

 

       (a) An amount estimated at $15,000,000.00 for handicapped infants and toddlers,

 

funded from DED-OSERS, handicapped infants and toddlers funds.

 

       (b) An amount estimated at $14,000,000.00 for preschool grants (Public Law 94-

 

142), funded from DED-OSERS, handicapped preschool incentive funds.

 

       (c) An amount estimated at $45,000,000.00 for special education programs funded

 

by DED-OSERS, handicapped program, individuals with disabilities act funds.

 

       (3) As used in this section, "DED-OSERS" means the United States department of

 

education office of special education and rehabilitative services.

 

       Sec. 53a. (1) For districts, reimbursement for pupils described in subsection

 

(2) shall be 100% of the total approved costs of operating special education programs

 

and services approved by the department and included in the intermediate district plan

 

adopted pursuant to article 3 of the revised school code, MCL 380.1701 to 380.1766,

 

minus the district’s foundation allowance calculated under section 20. For

 

intermediate districts, reimbursement for pupils described in subsection (2) shall be

 

calculated in the same manner as for a district, using the foundation allowance under

 

section 20 of the pupil’s district of residence, not to exceed the basic foundation

 

allowance under section 20 for the current fiscal year.

 

       (2) Reimbursement under subsection (1) is for the following special education

 

pupils:

 


       (a) Pupils assigned to a district or intermediate district through the

 

community placement program of the courts or a state agency, if the pupil was a

 

resident of another intermediate district at the time the pupil came under the

 

jurisdiction of the court or a state agency.

 

       (b) Pupils who are residents of institutions operated by the department of

 

community health.

 

       (c) Pupils who are former residents of department of community health

 

institutions for the developmentally disabled who are placed in community settings

 

other than the pupil’s home.

 

       (d) Pupils enrolled in a department-approved on-grounds educational program

 

longer than 180 days, but not longer than 233 days, at a residential child care

 

institution, if the child care institution offered in 1991-92 an on-grounds

 

educational program longer than 180 days but not longer than 233 days.

 

       (e) Pupils placed in a district by a parent for the purpose of seeking a

 

suitable home, if the parent does not reside in the same intermediate district as the

 

district in which the pupil is placed.

 

       (3) Only those costs that are clearly and directly attributable to educational

 

programs for pupils described in subsection (2), and that would not have been incurred

 

if the pupils were not being educated in a district or intermediate district, are

 

reimbursable under this section.

 

       (4) The costs of transportation shall be funded under this section and shall

 

not be reimbursed under section 58.

 

       (5) Not more than $12,300,000.00 of the allocation for 2010-2011 and not more

 

than $13,500,000.00 of the allocation for 2011-2012 2012-2013 AND 2013-2014 in section

 

51a(1) shall be allocated FOR EACH FISCAL YEAR under this section.

 

       Sec. 54. Each intermediate district shall receive an amount per pupil for each

 

pupil in attendance at the Michigan schools for the deaf and blind. The amount shall

 


be proportionate to the total instructional cost at each school. Not more than

 

$1,688,000.00 of the allocation for 2011-2012 2012-2013 AND 2013-2014 in section

 

51a(1) shall be allocated EACH FISCAL YEAR under this section.

 

       Sec. 56. (1) For the purposes of this section:

 

       (a) "Membership" means for a particular fiscal year the total membership for

 

the immediately preceding fiscal year of the intermediate district and the districts

 

constituent to the intermediate district.

 

       (b) "Millage levied" means the millage levied for special education pursuant to

 

part 30 of the revised school code, MCL 380.1711 to 380.1743, including a levy for

 

debt service obligations.

 

       (c) "Taxable value" means the total taxable value of the districts constituent

 

to an intermediate district, except that if a district has elected not to come under

 

part 30 of the revised school code, MCL 380.1711 to 380.1743, membership and taxable

 

value of the district shall not be included in the membership and taxable value of the

 

intermediate district.

 

       (2) From the allocation under section 51a(1), there is allocated FOR EACH

 

FISCAL YEAR an amount not to exceed $36,881,100.00 for 2011-2012 2012-2013 AND 2013-

 

2014 to reimburse intermediate districts levying millages for special education

 

pursuant to part 30 of the revised school code, MCL 380.1711 to 380.1743. The purpose,

 

use, and expenditure of the reimbursement shall be limited as if the funds were

 

generated by these millages and governed by the intermediate district plan adopted

 

pursuant to article 3 of the revised school code, MCL 380.1701 to 380.1766. As a

 

condition of receiving funds under this section, an intermediate district distributing

 

any portion of special education millage funds to its constituent districts shall

 

submit for departmental approval and implement a distribution plan.

 

       (3) Reimbursement for those millages levied in 2010-2011 2011-2012 shall be

 

made in 2011-2012 2012-2013 at an amount per 2010-2011 2011-2012 membership pupil

 


computed by subtracting from $174,700.00 $194,400.00 the 2010-2011 2011-2012 taxable

 

value behind each membership pupil and multiplying the resulting difference by the

 

2010-2011 2011-2012 millage levied. Reimbursement for those millages levied in 2012-

 

2013 shall be made in 2013-2014 at an amount per 2012-2013 membership pupil computed

 

by subtracting from $195,000.00 the 2012-2013 taxable value behind each membership

 

pupil and multiplying the resulting difference by the 2012-2013 millage levied.

 

       Sec. 61a. (1) From the appropriation in section 11, there is allocated FOR EACH

 

FISCAL YEAR an amount not to exceed $26,611,300.00 for 2011-2012 2012-2013 AND 2013-

 

2014 to reimburse on an added cost basis districts, except for a district that served

 

as the fiscal agent for a vocational education consortium in the 1993-94 school year,

 

and secondary area vocational-technical education centers for secondary-level career

 

and technical education programs according to rules approved by the superintendent.

 

Applications for participation in the programs shall be submitted in the form

 

prescribed by the department. The department shall determine the added cost for each

 

career and technical education program area. The allocation of added cost funds shall

 

be based on the type of career and technical education programs provided, the number

 

of pupils enrolled, and the length of the training period provided, and shall not

 

exceed 75% of the added cost of any program. With the approval of the department, the

 

board of a district maintaining a secondary career and technical education program may

 

offer the program for the period from the close of the school year until September 1.

 

The program shall use existing facilities and shall be operated as prescribed by rules

 

promulgated by the superintendent.

 

       (2) Except for a district that served as the fiscal agent for a vocational

 

education consortium in the 1993-94 school year, districts and intermediate districts

 

shall be reimbursed for local career and technical education administration, shared

 

time career and technical education administration, and career education planning

 

district career and technical education administration. The definition of what

 


constitutes administration and reimbursement shall be pursuant to guidelines adopted

 

by the superintendent. Not more than $800,000.00 of the allocation in subsection (1)

 

shall be distributed under this subsection.

 

       Sec. 62. (1) For the purposes of this section:

 

       (a) "Membership" means for a particular fiscal year the total membership for

 

the immediately preceding fiscal year of the intermediate district and the districts

 

constituent to the intermediate district or the total membership for the immediately

 

preceding fiscal year of the area vocational-technical program.

 

       (b) "Millage levied" means the millage levied for area vocational-technical

 

education pursuant to sections 681 to 690 of the revised school code, MCL 380.681 to

 

380.690, including a levy for debt service obligations incurred as the result of

 

borrowing for capital outlay projects and in meeting capital projects fund

 

requirements of area vocational-technical education.

 

       (c) "Taxable value" means the total taxable value of the districts constituent

 

to an intermediate district or area vocational-technical education program, except

 

that if a district has elected not to come under sections 681 to 690 of the revised

 

school code, MCL 380.681 to 380.690, the membership and taxable value of that district

 

shall not be included in the membership and taxable value of the intermediate

 

district. However, the membership and taxable value of a district that has elected not

 

to come under sections 681 to 690 of the revised school code, MCL 380.681 to 380.690,

 

shall be included in the membership and taxable value of the intermediate district if

 

the district meets both of the following:

 

       (i) The district operates the area vocational-technical education program

 

pursuant to a contract with the intermediate district.

 

       (ii) The district contributes an annual amount to the operation of the program

 

that is commensurate with the revenue that would have been raised for operation of the

 

program if millage were levied in the district for the program under sections 681 to

 


690 of the revised school code, MCL 380.681 to 380.690.

 

       (2) From the appropriation in section 11, there is allocated EACH FISCAL YEAR

 

an amount not to exceed $8,693,000.00 for 2010-2011 and an amount not to exceed

 

$9,000,000.00 for 2011-2012 2012-2013 AND 2013-2014 to reimburse intermediate

 

districts and area vocational-technical education programs established under section

 

690(3) of the revised school code, MCL 380.690, levying millages for area vocational-

 

technical education pursuant to sections 681 to 690 of the revised school code, MCL

 

380.681 to 380.690. The purpose, use, and expenditure of the reimbursement shall be

 

limited as if the funds were generated by those millages.

 

       (3) Reimbursement for the millages levied in 2010-2011 2011-2012 shall be made

 

in 2011-2012 2012-2013 at an amount per 2010-2011 2011-2012 membership pupil computed

 

by subtracting from $190,400.00 $194,200.00 the 2010-2011 2011-2012 taxable value

 

behind each membership pupil and multiplying the resulting difference by the 2010-2011

 

2011-2012 millage levied. Reimbursement for the millages levied in 2012-2013 shall be

 

made in 2013-2014 at an amount per 2012-2013 membership pupIl computed by subtracting

 

from $193,100.00 the 2012-2013 taxable value behind each membership pupil and

 

multiplying the resulting difference by the 2012-2013 millage levied.

 

       Sec. 74. (1) From the amount appropriated in section 11, there is allocated

 

EACH FISCAL YEAR an amount not to exceed $2,558,800.00 for 2010-2011 and an amount not

 

to exceed $3,154,600.00 $3,259,900.00 for 2011-2012 2012-2013 AND 2013-2014 for the

 

purposes of this section.

 

       (2) From the allocation in subsection (1), there is allocated for each fiscal

 

year the amount necessary for payments to state supported colleges or universities and

 

intermediate districts providing school bus driver safety instruction pursuant to

 

section 51 of the pupil transportation act, 1990 PA 187, MCL 257.1851. The payments

 

shall be in an amount determined by the department not to exceed 75% of the actual

 

cost of instruction and driver compensation for each public or nonpublic school bus

 


driver attending a course of instruction. For the purpose of computing compensation,

 

the hourly rate allowed each school bus driver shall not exceed the hourly rate

 

received for driving a school bus. Reimbursement compensating the driver during the

 

course of instruction shall be made by the department to the college or university or

 

intermediate district providing the course of instruction.

 

       (3) From the allocation in subsection (1), there is allocated each fiscal year

 

the amount necessary to pay the reasonable costs of nonspecial education auxiliary

 

services transportation provided pursuant to section 1323 of the revised school code,

 

MCL 380.1323. Districts funded under this subsection shall not receive funding under

 

any other section of this article for nonspecial education auxiliary services

 

transportation.

 

       (4) From the funds allocated in subsection (1), there is allocated EACH FISCAL

 

YEAR an amount not to exceed $933,800.00 for 2010-2011 and an amount not to exceed

 

$1,529,600.00 $1,634,900.00 for 2011-2012 2012-2013 AND 2013-2014 for reimbursement to

 

districts and intermediate districts for costs associated with the inspection of

 

school buses and pupil transportation vehicles by the department of state police as

 

required under section 715a of the Michigan vehicle code, 1949 PA 300, MCL 257.715a,

 

and section 39 of the pupil transportation act, 1990 PA 187, MCL 257.1839. The

 

department of state police shall prepare a statement of costs attributable to each

 

district for which bus inspections are provided and submit it to the department and to

 

each affected AN INTERMEDIATE district SERVING AS THE FIDUCIARY in a time and manner

 

determined jointly by the department and the department of state police. The UPON

 

REVIEW AND APPROVAL OF THE STATEMENT OF COST, THE department shall reimburse FORWARD

 

TO THE DESIGNATED INTERMEDIATE DISTRICT SERVING AS THE FIDUCIARY THE AMOUNT OF

 

REIMBURSEMENT ON BEHALF OF each district and intermediate district for costs detailed

 

on the statement within 30 45 days after receipt of the statement. Districts for which

 

services are provided THE DESIGNATED INTERMEDIATE DISTRICT shall make payment in the

 


amount specified on the statement to the department of state police within 45 days

 

after receipt of the statement. The total reimbursement of costs under this subsection

 

shall not exceed the amount allocated under this subsection. Notwithstanding section

 

17b, payments to eligible entities under this subsection shall be paid on a schedule

 

prescribed by the department.

 

       Sec. 81. (1) Except as otherwise provided in this section, from the

 

appropriation in section 11, there is allocated EACH FISCAL YEAR for 2011-2012 2012-

 

2013 AND 2013-2014 to the intermediate districts the sum necessary, but not to exceed

 

$62,108,000.00, to provide state aid to intermediate districts under this section.

 

       (2) Except as otherwise provided in this section, there shall be allocated EACH

 

FISCAL YEAR to each intermediate district for 2011-2012 2012-2013 AND 2013-2014 an

 

amount equal to 95% of the amount allocated under this subsection for 2010-2011 2011-

 

2012. Funding provided under this section shall be used to comply with requirements of

 

this article and the revised school code that are applicable to intermediate

 

districts, and for which funding is not provided elsewhere in this article, and to

 

provide technical assistance to districts as authorized by the intermediate school

 

board.

 

       (3) (2) Intermediate districts receiving funds under this section SUBSECTION

 

(2) shall collaborate with the department to develop expanded professional development

 

opportunities for teachers to update and expand their knowledge and skills needed to

 

support the Michigan merit curriculum.

 

       (4) (3) From the allocation in subsection (1), there is allocated to an

 

intermediate district, formed by the consolidation or annexation of 2 or more

 

intermediate districts or the attachment of a total intermediate district to another

 

intermediate school district or the annexation of all of the constituent K-12

 

districts of a previously existing intermediate school district which has

 

disorganized, an additional allotment of $3,500.00 each fiscal year for each

 


intermediate district included in the new intermediate district for 3 years following

 

consolidation, annexation, or attachment.

 

       (5) (4) During a fiscal year, the department shall not increase an intermediate

 

district's allocation under subsection (1) because of an adjustment made by the

 

department during the fiscal year in the intermediate district's taxable value for a

 

prior year. Instead, the department shall report the adjustment and the estimated

 

amount of the increase to the house and senate fiscal agencies and the state budget

 

director not later than June 1 of the fiscal year, and the legislature shall

 

appropriate money for the adjustment in the next succeeding fiscal year.

 

       (6) (5) In order to receive funding under this section SUBSECTION (2), an

 

intermediate district shall do all of the following:

 

       (a) Demonstrate to the satisfaction of the department that the intermediate

 

district employs at least 1 person who is trained in pupil counting ACCOUNTING AND

 

AUDITING procedures, rules, and regulations.

 

       (b) Demonstrate to the satisfaction of the department that the intermediate

 

district employs at least 1 person who is trained in rules, regulations, and district

 

reporting procedures for the individual-level student data that serves as the basis

 

for the calculation of the district and high school graduation and dropout rates.

 

       (c) Comply with sections 1278a and 1278b of the revised school code, MCL

 

380.1278a and 380.1278b.

 

       (d) Furnish data and other information required by state and federal law to the

 

center and the department in the form and manner specified by the center or the

 

department, as applicable.

 

       (e) Comply with section 1230g of the revised school code, MCL 380.1230g.

 

       (f) Comply with section 761 of the revised school code, MCL 380.761.

 

       (7) Except as otherwise provided in this section, FROM THE ALLOCATION IN

 

SUBSECTION (1), there shall be allocated EACH FISCAL YEAR TO EACH INTERMEDIATE

 


DISTRICT for 2012-2013 AND 2013-2014 an INCENTIVE PAYMENT equal to 5% of the amount

 

allocated under this SECTION for 2011-2012 TO INTERMEDIATE DISTRICTS THAT MEET BEST

 

PRACTICES AS DETERMINED BY THE DEPARTMENT UNDER THIS SUBSECTION. an intermediate

 

district shall receive an incentive payment under this SUBsection if the intermediate

 

district satisfies at least 4 of the following requirements not later than June 1,

 

2013.

 

       (a) the intermediate district enters into an agreement with the department to

 

do ALL OF the following:

 

       (i) develop a service consolidation plan in 2012-3013 to reduce operating costs

 

that is in compliance with GUIDELINES THAT WERE DEVELOPED BY THE department FOR FORMER

 

SECTION 11D AS THAT SECTION WAS IN EFFECT FOR 2010-2011.

 

       (ii) implement the plan in 2013-2014 and report to the department not later

 

than FEBRUARY 1, 2014 on the intermediate district’s progress in implementing the

 

plan.

 

       (B) THE INTERMEDIATE DISTRICT HAS OBTAINED COMPETITIVE BIDS ON THE PROVISION OF

 

1 OR MORE NONINSTRUCTIONAL SERVICES FOR THE INTERMEDIATE DISTRICT OR ITS CONSTITUENT

 

DISTRICTS WITH A VALUE OF AT LEAST $50,000.00.

 

       (C) THE INTERMEDIATE DISTRICT DEVELOPS A TECHNOLOGY PLAN IN ACCORDANCE WITH

 

DEPARTMENT POLICY ON BEHALF OF ALL CONSTITUENT DISTRICTS WITHIN THE INTERMEDIATE

 

DISTRICT THAT INTEGRATES TECHNOLOGY INTO THE CLASSROOM AND PREPARES TEACHERS TO USE

 

DIGITAL TECHNOLOGIES AS PART OF THE INSTRUCTIONAL PROGRAM OF EACH OF ITS CONSTITUENT

 

DISTRICTS.

 

       (D) THE INTERMEDIATE DISTRICT PROVIDES TO PARENTS AND COMMUNITY MEMBERS A

 

DASHBOARD OR REPORT CARD DEMONSTRATING THE INTERMEDIATE DISTRICT’S EFFORTS TO MANAGE

 

ITS FINANCES RESPONSIBLY. THE DASHBOARD OR REPORT CARD SHALL INCLUDE AT LEAST ALL OF

 

THE FOLLOWING FOR THE 3 MOST RECENT SCHOOL YEARS FOR WHICH THE DATA ARE AVAILABLE:

 

       (I) A LIST OF SERVICES OFFERED BY THE INTERMEDIATE DISTRICT THAT ARE SHARED BY

 


OTHER LOCAL OR INTERMEDIATE DISTRICTS AND A LIST OF THE DISTRICTS OR INTERMEDIATE

 

DISTRICTS THAT PARTICIPATE.

 

       (II) THE TOTAL COST SAVINGS TO LOCAL OR OTHER INTERMEDIATE DISTRICTS THAT SHARE

 

SERVICES WITH THE INTERMEDIATE DISTRICT.

 

       (III) THE NUMBER AND PERCENTAGE OF TEACHERS IN THE INTERMEDIATE DISTRICT

 

SERVICE AREA THAT ARE TRAINED TO INTEGRATE TECHNOLOGY INTO THE CLASSROOM.

 

       (IV) THE TOTAL FUNDS RECEIVED FROM LEVYING SPECIAL EDUCATION AND VOCATIONAL

 

EDUCATION MILLAGES, AND THE NUMBER OF SPECIAL EDUCATION AND VOCATIONAL EDUCATION

 

STUDENTS SERVED WITH THOSE DOLLARS.

 

       (V) THE NUMBER AND PERCENTAGE OF INDIVIDUALIZED EDUCATION PROGRAMS DEVELOPED

 

FOR SPECIAL EDUCATION STUDENTS THAT CONTAIN ACADEMIC GOALS.

 

       (E) THE INTERMEDIATE DISTRICT WORKS IN A CONSORTIUM WITH ONE OR MORE

 

INTERMEDIATE DISTRICTS TO DEVELOP INFORMATION MANAGEMENT SYSTEM REQUIREMENTS AND BID

 

SPECIFICATIONS THAT CAN BE USED AS STATEWIDE MODELS. AT A MINIMUM, THESE

 

SPECIFICATIONS SHALL ADDRESS STUDENT MANAGEMENT SYSTEMS FOR BOTH GENERAL AND SPECIAL

 

EDUCATION, LEARNING MANAGEMENT TOOLS, AND BUSINESS SERVICES.

 

       Sec. 93. From the general fund money appropriated in section 11, there is

 

allocated EACH FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014 an amount not to

 

exceed $1,304,300.00 to the library of Michigan for state aid to libraries payments to

 

help support the provision of the Michigan electronic library in public schools and

 

public libraries. The library of Michigan shall distribute the payments to libraries

 

under this section pursuant to the state aid to public libraries act, 1977 PA 89, MCL

 

397.551 to 397.576.

 

       Sec. 94a. (1) There is created within the state budget office in the department

 

of technology, management, and budget the center for educational performance and

 

information. The center shall do all of the following:

 

       (a) Coordinate the collection of all data required by state and federal law

 


from districts, intermediate districts, and postsecondary institutions.

 

       (b) Create, maintain, and enhance this state's statewide P-20 longitudinal data

 

system and ensure that it meets the requirements of subsection (4).

 

       (c) Collect data in the most efficient manner possible in order to reduce the

 

administrative burden on reporting entities, including, but not limited to, electronic

 

transcript services.

 

       (d) Create, maintain, and enhance this state's web-based educational portal to

 

provide information to school leaders, teachers, researchers, and the public in

 

compliance with all federal and state privacy laws. Data shall include, but are not

 

limited to, all of the following:

 

       (i) Data sets that link teachers to student information, allowing districts to

 

assess individual teacher impact on student performance and consider student growth

 

factors in teacher and principal evaluation systems.

 

       (ii) Data access or, if practical, data sets, provided for regional data

 

warehouses that, in combination with local data, can improve teaching and learning in

 

the classroom.

 

       (iii) Research-ready data sets for researchers to perform research that

 

advances this state's educational performance.

 

       (e) Provide data in a useful manner to allow state and local policymakers to

 

make informed policy decisions.

 

       (f) Provide public reports to the citizens of this state to allow them to

 

assess allocation of resources and the return on their investment in the education

 

system of this state.

 

       (g) Other functions as assigned by the state budget director.

 

       (2) Each state department, officer, or agency that collects information from

 

districts, intermediate districts, or postsecondary institutions as required under

 

state or federal law shall make arrangements with the center to ensure that the state

 


department, officer, or agency is in compliance with subsection (1). This subsection

 

does not apply to information collected by the department of treasury under the

 

uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a; the revised

 

municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821; the school bond

 

qualification, approval, and loan act, 2005 PA 92, MCL 388.1921 to 388.1939; or

 

section 1351a of the revised school code, MCL 380.1351a.

 

       (3) The center may enter into any interlocal agreements necessary to fulfill

 

its functions.

 

       (4) The center shall ensure that the statewide P-20 longitudinal data system

 

required under subsection (1)(b) meets all of the following:

 

       (a) Includes data at the individual student level from preschool through

 

postsecondary education and into the workforce.

 

       (b) Supports interoperability by using standard data structures, data formats,

 

and data definitions to ensure linkage and connectivity in a manner that facilitates

 

the exchange of data among agencies and institutions within the state and between

 

states.

 

       (c) Enables the matching of individual teacher and student records so that an

 

individual student may be matched with those teachers providing instruction to that

 

student.

 

       (d) Enables the matching of individual teachers with information about their

 

certification and the institutions that prepared and recommended those teachers for

 

state certification.

 

       (e) Enables data to be easily generated for continuous improvement and

 

decision-making, including timely reporting to parents, teachers, and school leaders

 

on student achievement.

 

       (f) Ensures the reasonable quality, validity, and reliability of data contained

 

in the system.

 


       (g) Provides this state with the ability to meet federal and state reporting

 

requirements.

 

       (h) For data elements related to preschool through grade 12 and postsecondary,

 

meets all of the following:

 

       (i) Contains a unique statewide student identifier that does not permit a

 

student to be individually identified by users of the system, except as allowed by

 

federal and state law.

 

       (ii) Contains student-level enrollment, demographic, and program participation

 

information.

 

       (iii) Contains student-level information about the points at which students

 

exit, transfer in, transfer out, drop out, or complete education programs.

 

       (iv) Has the capacity to communicate with higher education data systems.

 

       (i) For data elements related to preschool through grade 12 only, meets all of

 

the following:

 

       (i) Contains yearly test records of individual students for assessments

 

approved by DED-OESE for accountability purposes under section 1111(b) of the

 

elementary and secondary education act of 1965, 20 USC 6311, including information on

 

individual students not tested, by grade and subject.

 

       (ii) Contains student-level transcript information, including information on

 

courses completed and grades earned.

 

       (iii) Contains student-level college readiness test scores.

 

       (j) For data elements related to postsecondary education only:

 

       (i) Contains data that provide information regarding the extent to which

 

individual students transition successfully from secondary school to postsecondary

 

education, including, but not limited to, all of the following:

 

       (A) Enrollment in remedial coursework.

 

       (B) Completion of 1 year's worth of college credit applicable to a degree

 


within 2 years of enrollment.

 

       (ii) Contains data that provide other information determined necessary to

 

address alignment and adequate preparation for success in postsecondary education.

 

       (5) From the general fund appropriation in section 11, there is allocated EACH

 

FISCAL YEAR an amount not to exceed $5,501,700.00 $9,218,400.00 for 2011-2012 2012-

 

2013 AND 2013-2014 to the department of technology, management, and budget to support

 

the operations of the center. In addition, from the federal funds appropriated in

 

section 11 there is allocated EACH FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014

 

the amount necessary, estimated at $2,893,200.00 $193,500.00, to support the

 

operations of the center and to establish a P-20 longitudinal data system as provided

 

under this section in compliance with the assurance provided to the United States

 

department of education in order to receive state fiscal stabilization funds. The

 

center shall cooperate with the state education agency DEPARTMENT to ensure that this

 

state is in compliance with federal law and is maximizing opportunities for increased

 

federal funding to improve education in this state.

 

       (6) From the federal funds allocated in subsection (5), there is allocated EACH

 

FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014 an amount not to exceed $850,000.00

 

funded from the competitive grants of DED-OESE, title II, educational technology funds

 

for the purposes of this subsection. Not later than November 30 of each fiscal year,

 

the department shall award a single grant to an eligible partnership that includes an

 

intermediate district with at least 1 high-need local school district and the center

 

FOR COMPETITIVE GRANTS TO SUPPORT COLLABORATIVE EFFORTS ON THE P-20 LONGITUDINAL DATA

 

SYSTEM. ALL OF THE FOLLOWING APPLY TO GRANTS AWARDED UNDER THIS SUBSECTION:

 

       (I) THE CENTER SHALL AWARD COMPETITIVE GRANTS TO ELIGIBLE INTERMEDIATE

 

DISTRICTS OR A CONSORTIUM OF INTERMEDIATE DISTRICTS BASED ON CRITERIA ESTABLISHED BY

 

THE CENTER.

 

       (II) ACTIVITIES FUNDED UNDER THE GRANT SHALL SUPPORT THE P-20 LONGITUDINAL DATA

 


SYSTEM PORTAL AND MAY INCLUDE PORTAL HOSTING, HARDWARE AND SOFTWARE ACQUISITION,

 

MAINTENANCE, ENHANCEMENTS, USER SUPPORT AND RELATED MATERIALS, AND PROFESSIONAL

 

LEARNING TOOLS AND ACTIVITIES AIMED AT IMPROVING THE UTILITY OF THE P-20 LONGITUDINAL

 

DATA SYSTEM.

 

       (III) AN APPLICANT THAT RECEIVED A GRANT UNDER THIS SUBSECTION FOR THE

 

IMMEDIATELY PRECEDING FISCAL YEAR SHALL RECEIVE PRIORITY FOR FUNDING UNDER THIS

 

SECTION. HOWEVER, AFTER 3 FISCAL YEARS OF CONTINUOUS FUNDING, AN APPLICANT IS REQUIRED

 

TO COMPETE OPENLY WITH NEW APPLICANTS.

 

       (7) From the federal funds allocated in subsection (5), there is allocated for

 

2011-2012 an amount not to exceed $242,000.00 to support the efforts of postsecondary

 

institutions to comply with the requirements of this state's statewide longitudinal

 

data system. The funds shall be distributed to postsecondary institutions in an amount

 

and manner determined by the center.

 

       (8) The center and the department shall work cooperatively to develop a cost

 

allocation plan that pays for center expenses from the appropriate federal fund and

 

state restricted fund revenues.

 

       (7) (9) Funds allocated under this section that are not expended in the fiscal

 

year in which they were allocated may be carried forward to a subsequent fiscal year

 

and are appropriated for the purposes for which the funds were originally allocated.

 

       (8) (10) The center may bill departments as necessary in order to fulfill

 

reporting requirements of state and federal law. The center may also enter into

 

agreements to supply custom data, analysis, and reporting to other principal executive

 

departments, state agencies, local units of government, and other individuals and

 

organizations. The center may receive and expend funds in addition to those authorized

 

in subsection (5) to cover the costs associated with salaries, benefits, supplies,

 

materials, and equipment necessary to provide such data, analysis, and reporting

 

services.

 


       (11) As used in this section:,

 

       (a) "DED-OESE" means the United States department of education office of

 

elementary and secondary education.

 

       (b) "High-need local school district" means a local educational agency as

 

defined in the enhancing education through technology part of the no child left behind

 

act of 2001, Public Law 107-110.

 

       (c) "State education agency" means the department.

 

       SEC. 95. (1) FROM THE FUNDS APPROPRIATED IN SECTION 11, THERE IS ALLOCATED AN

 

AMOUNT NOT TO EXCEED $1,750,000.00 FOR 2012-2013 AND AN AMOUNT NOT TO EXCEED

 

$500,000.00 FOR 2013-2014 FOR GRANTS TO DISTRICTS TO SUPPORT PROFESSIONAL DEVELOPMENT

 

FOR PRINCIPALS AND ASSISTANT PRINCIPALS IN A DEPARTMENT APPROVED TRAINING PROGRAM FOR

 

IMPLEMENTING EDUCATOR EVALUATIONS AS REQUIRED UNDER SECTION 1249 OF THE REVISED SCHOOL

 

CODE, MCL 380.1249.

 

       (2) FOR 2012-13, ALL DISTRICTS MAY APPLY FOR FUNDING UNDER THIS SECTION BY A

 

DATE DETERMINED BY THE DEPARTMENT. BEGINNING IN 2013-2014, IN A FORM AND MANNER

 

DETERMINED BY THE DEPARTMENT, PRIORITY WILL BE GIVEN TO DISTRICTS THAT HAVE NEW

 

BUILDING ADMINISTRATORS WHO HAVE NOT PREVIOUSLY RECEIVED TRAINING IN PROGRAMS FUNDED

 

UNDER THIS SECTION.

 

       (3) TO QUALIFY AS A DEPARTMENT-APPROVED TRAINING PROGRAM, A PROGRAM SHALL MEET

 

DEPARTMENT CRITERIA. AT A MINIMUM, PROGRAMS MUST INCLUDE ALL OF THE FOLLOWING

 

SERVICES:

 

       (A) CONTAIN INSTRUCTIONAL CONTENT ON METHODS OF EVALUATING TEACHERS

 

CONSISTENTLY ACROSS MULTIPLE GRADES AND SUBJECTS.

 

       (B) INCLUDE TRAINING ON EVALUATION OBSERVATION WHICH IS FOCUSED ON RELIABILITY,

 

BIAS AWARENESS, AND INSTILLS SKILLS NEEDED FOR CONSISTENT, EVIDENCE-BASED

 

OBSERVATIONS.

 

       (C) INCORPORATE ONLINE RESOURCES AND THE USE OF VIDEOS OF ACTUAL LESSONS FOR

 


APPLYING RUBRICS AND CONSISTENT SCORING.

 

       (D) ALIGN WITH RECOMMENDATIONS OF THE GOVERNOR’S COUNCIL ON EDUCATOR

 

EFFECTIVENESS.

 

       (4) THE DEPARTMENT SHALL AWARD GRANTS TO ELIGIBLE DISTRICTS IN AN AMOUNT

 

DETERMINED BY THE DEPARTMENT, BUT NOT TO EXCEED $350.00 PER PARTICIPANT.

 

       (5) A DISTRICT RECEIVING FUNDS UNDER THIS SECTION SHALL USE THE FUNDS ONLY FOR

 

DEPARTMENT-APPROVED TRAINING PROGRAMS UNDER THIS SECTION.

 

       Sec. 98. (1) From the general fund money appropriated in section 11, there is

 

allocated FOR EACH FISCAL YEAR an amount not to exceed $1,687,500.00 $4,387,500.00 for

 

2011-2012 to provide a grant to the Michigan virtual university for the development,

 

implementation, and operation of the Michigan virtual high school; to provide

 

professional development opportunities for educators; and to fund other 2012-2013 AND

 

2013-2014 FOR THE purposes described in this section. In addition, from the federal

 

funds appropriated in section 11, there is allocated for 2011-2012 an amount estimated

 

at $2,700,000.00.

 

       (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 districts or licenses from other recognized providers.

 

       (b) Create statewide instructional 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.

 

       (c) Provide pupils with opportunities to develop skills and competencies

 

through online learning.

 

       (d) Grant high school diplomas through a dual enrollment method with districts.

 

       (e) Act as a broker for college level equivalent courses, as defined in section

 

1471 of the revised school code, MCL 380.1471, and dual enrollment courses from

 

postsecondary education institutions.

 


       (f) Maintain the accreditation status of the Michigan virtual high school from

 

recognized national and international accrediting entities.

 

       (2) THE MICHIGAN VIRTUAL UNIVERSITY SHALL ESTABLISH THE CENTER FOR ONLINE

 

LEARNING RESEARCH AND INNOVATION. THE CENTER SHALL DO ALL OF THE FOLLOWING:

 

       (A) SUPPORT AND ACCELERATE INNOVATION IN EDUCATION THROUGH THE FOLLOWING

 

ACTIVITIES:

 

       (I) TEST, EVALUATE AND RECOMMEND AS APPROPRIATE NEW TECHNOLOGY-BASED

 

INSTRUCTIONAL TOOLS AND RESOURCES.

 

       (II) RESEARCH, DESIGN AND RECOMMEND ONLINE AND BLENDED EDUCATION DELIVERY

 

MODELS FOR USE BY STUDENTS AND TEACHERS THAT INCLUDE AGE-APPROPRIATE MULTIMEDIA

 

INSTRUCTIONAL CONTENT.

 

       (III) RESEARCH, DESIGN AND RECOMMEND COMPETENCY-BASED ONLINE ASSESSMENTS.

 

       (IV) RESEARCH, DEVELOP AND RECOMMEND ANNUALLY TO THE DEPARTMENT CRITERIA BY

 

WHICH CYBER SCHOOLS AND ONLINE COURSE PROVIDERS SHOULD BE MONITORED AND EVALUATED TO

 

ENSURE A QUALITY EDUCATION FOR THEIR STUDENTS.

 

       (V) BASED ON STUDENT COMPLETION AND PERFORMANCE DATA REPORTED TO THE DEPARTMENT

 

OR THE CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION FROM CYBER SCHOOLS AND OTHER

 

ONLINE COURSE PROVIDERS OPERATING IN MICHIGAN, THE CENTER SHALL ANALYZE THE

 

EFFECTIVENESS OF ONLINE LEARNING DELIVERY MODELS IN PREPARING STUDENTS TO BE COLLEGE

 

AND CAREER READY AND PUBLISH A REPORT THAT HIGHLIGHTS ENROLLMENT TOTALS, COMPLETION

 

RATES AND THE OVERALL IMPACT ON STUDENTS. THE REPORT SHALL BE SUBMITTED TO THE HOUSE

 

AND SENATE APPROPRIATIONS SUBCOMMITTEES ON STATE SCHOOL AID, THE STATE BUDGET

 

DIRECTOR, THE HOUSE AND SENATE FISCAL AGENCIES, AND THE DEPARTMENT NO LATER THAN

 

DECEMBER 31, 2013.

 

       (VI) DESIGN PROFESSIONAL DEVELOPMENT SERVICES FOR TEACHERS, SCHOOL

 

ADMINISTRATORS AND SCHOOL BOARD MEMBERS TO LEARN HOW TO EFFECTIVELY INTEGRATE NEW

 

TECHNOLOGIES AND ONLINE LEARNING INTO CURRICULA AND INSTRUCTION.

 


       (VII) IDENTIFY AND SHARE BEST PRACTICES FOR IMPLEMENTING ONLINE AND BLENDED

 

EDUCATION DELIVERY MODELS WITH INTERMEDIATE DISTRICTS, DISTRICTS AND PUBLIC SCHOOL

 

ACADEMIES TO ACCELERATE THE ADOPTION OF INNOVATIVE EDUCATION DELIVERY MODELS

 

STATEWIDE.

 

       (B) PROVIDE LEADERSHIP FOR MICHIGAN’S SYSTEM OF ONLINE AND BLENDED LEARNING

 

EDUCATION BY DOING THE FOLLOWING ACTIVITIES:

 

       (I) DEVELOP AND REPORT POLICY RECOMMENDATIONS TO THE GOVERNOR AND THE

 

LEGISLATURE THAT ACCELERATE THE EXPANSION OF EFFECTIVE ONLINE LEARNING IN MICHIGAN’S

 

SCHOOLS.

 

       (II) PROVIDE A CLEARINGHOUSE FOR RESEARCH REPORTS, ACADEMIC STUDIES,

 

EVALUATIONS AND OTHER INFORMATION RELATED TO ONLINE LEARNING.

 

       (III) PROMOTE AND DISTRIBUTE THE MOST CURRENT INSTRUCTIONAL DESIGN STANDARDS

 

AND GUIDELINES FOR ONLINE TEACHING.

 

       (IV) IN COLLABORATION WITH THE DEPARTMENT AND INTERESTED MICHIGAN COLLEGES AND

 

UNIVERSITIES, RECOMMEND TO THE STATE SUPERINTENDENT GUIDELINES AND STANDARDS FOR A NEW

 

TEACHER ENDORSEMENT CREDENTIAL RELATED TO EFFECTIVE ONLINE AND BLENDED INSTRUCTION.

 

       (V) PURSUE PUBLIC/PRIVATE PARTNERSHIPS THAT INCLUDE DISTRICTS TO STUDY AND

 

IMPLEMENT COMPETENCY-BASED TECHNOLOGY-RICH ONLINE LEARNING MODELS.

 

       (VI) CONVENE FOCUS GROUPS AND CONDUCT ANNUAL SURVEYS OF TEACHERS,

 

ADMINISTRATORS, STUDENTS, PARENTS AND OTHERS TO IDENTIFY BARRIERS AND OPPORTUNITIES

 

RELATED TO ONLINE LEARNING.

 

       (VII) PRODUCE AN ANNUAL CONSUMER AWARENESS REPORT FOR SCHOOLS AND PARENTS ABOUT

 

EFFECTIVE ONLINE EDUCATION PROVIDERS AND EDUCATION DELIVERY MODELS, PERFORMANCE DATA,

 

COST STRUCTURES AND RESEARCH TRENDS.

 

       (3) THE GOVERNOR MAY APPOINT AN ADVISORY GROUP TO THE CENTER FOR ONLINE

 

LEARNING RESEARCH AND INNOVATION. THE MEMBERS OF THE ADVISORY GROUP SHALL SERVE AT THE

 

PLEASURE OF THE GOVERNOR. THE PURPOSE OF THE ADVISORY GROUP SHALL BE TO MAKE

 


RECOMMENDATIONS TO THE GOVERNOR, THE LEGISLATURE AND THE PRESIDENT AND BOARD OF THE

 

MICHIGAN VIRTUAL UNIVERSITY THAT WILL ACCELERATE INNOVATION IN MICHIGAN’S EDUCATION

 

SYSTEM IN A MANNER THAT WILL PREPARE ELEMENTARY AND SECONDARY STUDENTS TO BE CAREER

 

AND COLLEGE READY AND THAT WILL PROMOTE THE GOAL OF INCREASING THE PROPORTION OF

 

MICHIGAN CITIZENS WITH HIGH-QUALITY DEGREES AND CREDENTIALS TO AT LEAST 60% BY 2025.

 

MEMBERS OF THE ADVISORY GROUP SHALL SERVE WITHOUT COMPENSATION.

 

       (4) SUBJECT TO THE PROVISIONS OF THIS SUBSECTION, FROM THE FUNDS ALLOCATED IN

 

SUBSECTION (1), THERE IS ALLOCATED UP TO $500,000.00 FOR FISCAL YEAR 2012-2013 TO THE

 

MICHIGAN VIRTUAL SCHOOL OPERATED BY THE MICHIGAN VIRTUAL UNIVERSITY TO CONDUCT AND

 

REPORT ON A YEAR-LONG PILOT STUDY OF A NEW PERFORMANCE-BASED FUNDING MODEL FOR THE

 

MICHIGAN VIRTUAL SCHOOL. THE PURPOSE OF THE PILOT STUDY IS TO DEMONSTRATE THE MERITS

 

OF A PAYMENT SYSTEM FOR ONLINE INSTRUCTIONAL PROGRAMS BASED ON STUDENT PERFORMANCE

 

RATHER THAN SOLELY ON ENROLLMENT AND ATTENDANCE FACTORS.

 

       (A) THE MICHIGAN VIRTUAL SCHOOL SHALL RANDOMLY SELECT A MINIMUM OF 1,000 OF ITS

 

QUALIFYING ONLINE COURSE ENROLLMENTS FOR INCLUSION IN THE PILOT STUDY. THE MICHIGAN

 

VIRTUAL SCHOOL SHALL ISSUE A REFUND OR CREDIT TO DISTRICTS FOR ALL ONLINE COURSE

 

ENROLLMENTS INCLUDED IN THE PILOT STUDY.

 

       (B) THE MICHIGAN VIRTUAL SCHOOL SHALL REPORT TO THE DEPARTMENT THE NUMBER OF

 

ONLINE COURSE ENROLLMENTS IN THE PILOT STUDY THAT MEET THE FOLLOWING CONDITIONS:

 

       (I) THE PUPIL SUCCESSFULLY COMPLETED THE ONLINE COURSE AS MEASURED BY

 

ASSESSMENTS ALIGNED TO THE COURSE CONTENT AND EARNED A GRADE OR CREDIT FROM THE

 

DISTRICT OR PUBLIC SCHOOL ACADEMY IN WHICH THE STUDENT IS ENROLLED.

 

       (II) THE ONLINE COURSE IS TAUGHT BY A MICHIGAN CERTIFICATED TEACHER CERTIFIED

 

IN THE SUBJECT AREA IN WHICH THE COURSE IS BEING OFFERED.

 

       (III) WHERE APPLICABLE, THE ONLINE COURSE IS ALIGNED WITH MICHIGAN CURRICULUM

 

STANDARDS.

 

       (IV) THE ONLINE COURSE CURRICULUM CONTAINS PERIODIC ONLINE STUDENT ASSESSMENTS.

 


       (V) STUDENTS HAVE ACCESS TO THE APPROPRIATE TECHNOLOGY HARDWARE AND SOFTWARE

 

NECESSARY TO TAKE THE ONLINE COURSE.

 

       (VI) PARENTS OR GUARDIANS AND STUDENTS HAVE SECURE ONLINE ACCESS TO REVIEW

 

PERIODIC STUDENT PROGRESS AND PERFORMANCE DATA.

 

       (VII) THE ONLINE INSTRUCTOR IS AVAILABLE TO INTERACT WITH PARENTS OR GUARDIANS

 

AND STUDENTS USING ELECTRONIC COMMUNICATIONS.

 

       (C) THE DEPARTMENT SHALL PAY TO MICHIGAN VIRTUAL SCHOOL FROM THE ALLOCATION

 

CONTAINED IN THIS SUBSECTION AN AMOUNT NOT TO EXCEED THE EQUIVALENT OF 1/12 OF THE

 

STATE’S MINIMUM PER PUPIL FOUNDATION ALLOWANCE FOR EACH ONLINE COURSE ENROLLMENT

 

INCLUDED IN THE PILOT STUDY THAT MEETS THE REQUIREMENTS OF SUBDIVISION (B) IN THE NEXT

 

SCHOOL AID PAYMENT AFTER THE REPORT IS RECEIVED BY THE DEPARTMENT.

 

       (5) THE ACCREDITATION STATUS OF THE MICHIGAN VIRTUAL SCHOOL FROM RECOGNIZED

 

NATIONAL AND INTERNATIONAL ACCREDITING ENTITIES MUST BE MAINTAINED IN ORDER FOR THE

 

MICHIGAN VIRTUAL UNIVERSITY TO RECEIVE ANY FUNDS ALLOCATED UNDER THIS SECTION.

 

       (6) (3) The Michigan virtual high school MAY OFFER ONLINE course offerings IN

 

ADDITION TO THOSE OFFERED IN THE PILOT STUDY DESCRIBED IN SUBSECTION (4), INCLUDING

 

BUT 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 of the revised

 

school code, MCL 380.1471.

 

       (c) Courses and dual enrollment opportunities.

 

       (d) Programs and services for at-risk pupils.

 

       (e) General education development test preparation courses for adjudicated

 

youth.

 

       (f) Special interest courses.

 

       (g) Professional development programs that teach Michigan educators how to

 

develop and deliver online instructional services. FOR TEACHERS, SCHOOL

 


ADMINISTRATORS, SCHOOL EMPLOYEES AND SCHOOL BOARD MEMBERS.

 

       (4) From the federal funds allocated in subsection (1), there is allocated for

 

2011-2012 an amount estimated at $1,700,000.00 from DED-OESE, title II, improving

 

teacher quality funds for a grant to the Michigan virtual university for the purpose

 

of this subsection. With the approval of the department, the Michigan virtual

 

university shall coordinate the following activities related to DED-OESE, title II,

 

improving teacher quality funds in accordance with federal law:

 

       (a) Develop, and assist districts in the development and use of, proven,

 

innovative strategies to deliver intensive professional development programs that are

 

both cost-effective and easily accessible, such as strategies that involve delivery

 

through the use of technology, peer networks, and distance learning.

 

       (b) Encourage and support the training of teachers and administrators to

 

effectively integrate technology into curricula and instruction.

 

       (c) Coordinate the activities of eligible partnerships that include higher

 

education institutions for the purposes of providing professional development

 

activities for teachers, paraprofessionals, and principals as defined in federal law.

 

       (d) Offer teachers opportunities to learn new skills and strategies for

 

developing and delivering instructional services.

 

       (e) Provide online professional development opportunities for educators to

 

update and expand knowledge and skills needed to support the Michigan merit curriculum

 

core content standards and credit requirements.

 

       (5) The Michigan virtual university shall offer at least 200 hours of online

 

professional development for classroom teachers under this section each fiscal year

 

beginning in 2006-2007 without charge to the teachers or to districts or intermediate

 

districts.

 

       (6) From the federal funds appropriated in subsection (1), there is allocated

 

for 2011-2012 an amount estimated at $1,000,000.00 from the DED-OESE, title II,

 


educational technology grant funds to support e-learning and virtual school

 

initiatives consistent with the goals contained in the United States national

 

educational technology plan issued in January 2005. These funds shall be used to

 

support activities designed to build the capacity of the Michigan virtual university

 

and shall not be used to supplant other funding. Not later than November 30, 2010,

 

from the funds allocated in this subsection, the department shall award a single grant

 

of $1,000,000.00 to a consortium or partnership established by the Michigan virtual

 

university that meets the requirements of this subsection. To be eligible for this

 

funding, a consortium or partnership established by the Michigan virtual university

 

shall include at least 1 intermediate district and at least 1 high-need local

 

district. All of the following apply to this funding:

 

       (a) An eligible consortium or partnership must demonstrate the following:

 

       (i) Prior success in delivering online courses and instructional services to K-

 

12 pupils throughout this state.

 

       (ii) Expertise in designing, developing, and evaluating online K-12 course

 

content.

 

       (iii) Experience in maintaining a statewide help desk service for pupils,

 

online teachers, and other school personnel.

 

       (iv) Knowledge and experience in providing technical assistance and support to

 

K-12 schools in the area of online education.

 

       (v) Experience in training and supporting K-12 educators in this state to teach

 

online courses.

 

       (vi) Demonstrated technical expertise and capacity in managing complex

 

technology systems.

 

       (vii) Experience promoting twenty-first century learning skills through the use

 

of online technologies.

 

       (b) The Michigan virtual university, which operates the Michigan virtual high

 


school, shall perform the following tasks related to this funding:

 

       (i) Strengthen its capacity by pursuing activities, policies, and practices

 

that increase the overall number of Michigan virtual high school course enrollments

 

and course completions by at-risk students.

 

       (ii) Examine the curricular and specific course content needs of middle and

 

high school students in the areas of mathematics and science.

 

       (iii) Design, develop, and acquire online courses and related supplemental

 

resources aligned to state standards to create a comprehensive and rigorous statewide

 

catalog of online courses and instructional services.

 

       (iv) Continue to evaluate and conduct pilot programs for new and innovative

 

online tools, resources, and courses.

 

       (v) Evaluate existing online teaching and learning practices and develop

 

continuous improvement strategies to enhance student achievement.

 

       (vi) Develop, support, and maintain the technology infrastructure and related

 

software required to deliver online courses and instructional services to students

 

statewide.

 

       (7) If a home-schooled or nonpublic school student is a resident of a district

 

that subscribes to services provided by the Michigan virtual high school, the student

 

may use the services provided by the Michigan virtual high school to the district

 

without charge to the student beyond what is charged to a district pupil using the

 

same services.

 

       (8) Not later than December 1 of each fiscal year, the Michigan virtual

 

university shall provide a report to the house and senate appropriations subcommittees

 

on state school aid, the state budget director, the house and senate fiscal agencies,

 

and the department that includes at least all of the following information related to

 

the Michigan virtual high school for the preceding state fiscal year:

 

       (a) A list of the Michigan schools DISTRICTS served by the Michigan virtual

 


high school.

 

      (b) A list of online course titles available to Michigan schools DISTRICTS.

 

       (c) The total number of online course enrollments and information on

 

registrations and completions by course.

 

       (d) The overall course completion rate percentage.

 

       (e) A summary of DED-OESE, title IIA, teacher quality grant and DED-OESE, title

 

IID, education technology grant expenditures.

 

       (f) Identification of unmet educational needs that could be addressed by the

 

Michigan virtual high school.

 

       (E) THE RESULTS OF THE PILOT STUDY DESCRIBED IN SUBSECTION (4), INCLUDING, BUT

 

NOT LIMITED TO:

 

       (I) A LIST OF THE DISTRICTS THAT WERE SELECTED TO BE PART OF THE PILOT STUDY.

 

       (II) THE NUMBER OF SUCCESSFUL ONLINE COURSE COMPLETIONS.

 

       (III) A LIST OF THE COURSES OFFERED IN THE PILOT AND THE COMPLETION RATES FOR

 

EACH COURSE.

 

       (IV) IDENTIFICATION OF OPPORTUNITIES AND BARRIERS THAT MUST BE ADDRESSED IN

 

ORDER TO APPLY ONLINE LEARNING PERFORMANCE FUNDING BASED ON SUCCESSFUL COMPLETIONS

 

RATHER THAN ENROLLMENT AND ATTENDANCE FOR ONLINE LEARNING OFFERINGS STATEWIDE.

 

       (9) As used in this section:

 

       (a) "DED-OESE" means the United States department of education office of

 

elementary and secondary education.

 

       (b) "High-need local district" means a local educational agency as defined in

 

the enhancing education through technology part of the no child left behind act of

 

2001, Public Law 107-110.

 

       (c) "State education agency" means the department.

 

       (A) "BLENDED LEARNING" MEANS A HYBRID INSTRUCTIONAL DELIVERY MODEL WHERE

 

STUDENTS ARE PROVIDED FACE-TO-FACE INSTRUCTION, IN PART AT A SUPERVISED SCHOOL

 


FACILITY AWAY FROM HOME AND PARTIALLY THROUGH COMPUTER-BASED AND INTERNET-CONNECTED

 

LEARNING ENVIRONMENTS WITH SOME DEGREE OF STUDENT CONTROL OVER TIME, LOCATION AND PACE

 

OF INSTRUCTION.

 

       (B) "CYBER SCHOOL" MEANS A FULL-TIME ONLINE INSTRUCTIONAL PROGRAM FOR STUDENTS

 

THAT MAY OR MAY NOT REQUIRE ATTENDANCE AT A PHYSICAL SCHOOL LOCATION.

 

       (C) "ONLINE INSTRUCTIONAL PROGRAM" MEANS A COURSE OF STUDY THAT GENERATES A

 

CREDIT OR A GRADE, PROVIDED IN AN INTERACTIVE COMPUTER-BASED AND INTERNET-CONNECTED

 

LEARNING ENVIRONMENT, IN WHICH STUDENTS ARE SEPARATED FROM THEIR TEACHERS BY TIME OR

 

LOCATION, OR BOTH, AND IN WHICH A MICHIGAN CERTIFICATED TEACHER IS RESPONSIBLE FOR

 

PROVIDING DIRECT INSTRUCTION, DIAGNOSING LEARNING NEEDS, ASSESSING STUDENT LEARNING,

 

PRESCRIBING INTERVENTION STRATEGIES, REPORTING OUTCOMES AND EVALUATING THE EFFECTS OF

 

INSTRUCTION AND SUPPORT STRATEGIES.

 

       Sec. 99. (1) From the state school aid fund money FUNDS appropriated in section

 

11, there is allocated an amount not to exceed $2,515,000.00 $2,625,000.00 EACH FISCAL

 

YEAR for 2011-2012 and from the general fund appropriation in section 11, there is

 

allocated an amount not to exceed $110,000.00 for 2011-2012 2012-2013 AND 2013-2014 to

 

support the activities and programs of mathematics and science centers and for other

 

purposes as described in this section. In addition, from the federal funds

 

appropriated in section 11, there is allocated EACH FISCAL YEAR for 2011-2012 2012-

 

2013 AND 2013-2014 an amount estimated at $5,249,300.00 from DED-OESE, title II,

 

mathematics and science partnership grants.

 

       (2) Within a service area designated locally, approved by the department, and

 

consistent with the comprehensive master plan for mathematics and science centers

 

developed by the department and approved by the state board, an established

 

mathematics and science center shall provide 2 or more of the following 6 basic

 

services, as described in the master plan, to constituent districts and communities:

 

leadership, pupil services, curriculum support, community involvement, professional

 


development, and resource clearinghouse services.

 

       (3) The department shall not award a state grant under this section to more

 

than 1 mathematics and science center located in a designated region as prescribed in

 

the 2007 master plan unless each of the grants serves a distinct target population or

 

provides a service that does not duplicate another program in the designated region.

 

       (4) As part of the technical assistance process, the department shall provide

 

minimum standard guidelines that may be used by the mathematics and science center for

 

providing fair access for qualified pupils and professional staff as prescribed in

 

this section.

 

       (5) Allocations under this section to support the activities and programs of

 

mathematics and science centers shall be continuing support grants to all 33

 

established mathematics and science centers. Each established mathematics and science

 

center that was funded in the immediately preceding fiscal year shall receive state

 

funding in an amount equal to 100% of the amount it was allocated under this

 

subsection for the immediately preceding fiscal year. If a center declines state

 

funding or a center closes, the remaining money available under this section shall be

 

distributed to the remaining centers, as determined by the department.

 

       (6) From the funds allocated in subsection (1), there is allocated EACH FISCAL

 

YEAR for 2011-2012 2012-2013 AND 2013-2014 an amount not to exceed $750,000.00 in a

 

form and manner determined by the department to those centers able to provide

 

curriculum and professional development support to assist districts in implementing

 

the Michigan merit curriculum components for mathematics and science. Funding under

 

this subsection is in addition to funding allocated under subsection (5).

 

       (7) In order to receive state or federal funds under this section, a grant

 

recipient shall allow access for the department or the department's designee to audit

 

all records related to the program for which it receives such funds. The grant

 

recipient shall reimburse the state for all disallowances found in the audit.

 


       (8) Not later than September 30, 2013, the department shall reevaluate and

 

update the comprehensive master plan described in subsection (1).

 

       (9) The department shall give preference in awarding the federal grants

 

allocated in subsection (1) to eligible existing mathematics and science centers.

 

       (10) In order to receive state funds under this section, a grant recipient

 

shall provide at least a 10% local match from local public or private resources for

 

the funds received under this section.

 

       (11) Not later than July 1 of each year, a mathematics and science center that

 

receives funds under this section shall report to the department in a form and manner

 

prescribed by the department on the following performance measures:

 

       (a) Statistical change in pre- and post-assessment scores for students who

 

enrolled in mathematics and science activities provided to districts by the

 

mathematics and science center.

 

       (b) Statistical change in pre- and post-assessment scores for teachers who

 

enrolled in professional development activities provided by the mathematics and

 

science center.

 

       (12) As used in this section:

 

       (a) "DED" means the United States department of education.

 

       (b) "DED-OESE" means the DED office of elementary and secondary education.

 

       Sec. 101. (1) To be eligible to receive state aid under this act, not later

 

than the fifth Wednesday after the pupil membership count day and not later than the

 

fifth Wednesday after the supplemental count day, each district superintendent shall

 

submit to the center and the intermediate superintendent, in the form and manner

 

prescribed by the center, the number of pupils enrolled and in regular daily

 

attendance in the district as of the pupil membership count day and as of the

 

supplemental count day, as applicable, for the current school year. In addition, a

 

district maintaining school during the entire year, as provided under section 1561 of

 


the revised school code, MCL 380.1561, shall submit to the center and the intermediate

 

superintendent, in the form and manner prescribed by the center, the number of pupils

 

enrolled and in regular daily attendance in the district for the current school year

 

pursuant to rules promulgated by the superintendent. Not later than the seventh SIXTH

 

Wednesday after the pupil membership count day and not later than the seventh

 

Wednesday after the supplemental count day, the district shall certify the data in a

 

form and manner prescribed by the center and file the certified data with the

 

intermediate superintendent. If a district fails to submit and certify the attendance

 

data, as required under this subsection, the center shall notify the department and

 

state aid due to be distributed under this act ARTICLE shall be withheld from the

 

defaulting district immediately, beginning with the next payment after the failure and

 

continuing with each payment until the district complies with this subsection. If a

 

district does not comply with this subsection by the end of the fiscal year, the

 

district forfeits the amount withheld. A person who willfully falsifies a figure or

 

statement in the certified and sworn copy of enrollment shall be punished in the

 

manner prescribed by section 161.

 

       (2) To be eligible to receive state aid under this act ARTICLE, not later than

 

the twenty-fourth Wednesday after the pupil membership count day and not later than

 

the twenty-fourth Wednesday after the supplemental count day, an intermediate district

 

shall submit to the center, in a form and manner prescribed by the center, the audited

 

enrollment and attendance data for the pupils of its constituent districts and of the

 

intermediate district. If an intermediate district fails to submit the audited data as

 

required under this subsection, state aid due to be distributed under this act ARTICLE

 

shall be withheld from the defaulting intermediate district immediately, beginning

 

with the next payment after the failure and continuing with each payment until the

 

intermediate district complies with this subsection. If an intermediate district does

 

not comply with this subsection by the end of the fiscal year, the intermediate

 


district forfeits the amount withheld.

 

       (3) Except as otherwise provided in subsection (11), all of the following apply

 

to the provision of pupil instruction:

 

       (a) Except as otherwise provided in this section, each district shall provide

 

at least 1,098 hours and, beginning in 2010-2011, the required minimum number of days

 

of pupil instruction. For 2010-2011 and for 2011-2012, the required minimum number of

 

days of pupil instruction is 165. Beginning in 2012-2013, the required minimum number

 

of days of pupil instruction is 170. However, beginning in 2010-2011, a district shall

 

not provide fewer days of pupil instruction than the district provided for 2009-2010.

 

A district may apply for a waiver under subsection (9) from the requirements of this

 

subdivision.

 

       (b) Except as otherwise provided in this act ARTICLE, a district failing to

 

comply with the required minimum hours and days of pupil instruction under this

 

subsection shall forfeit from its total state aid allocation an amount determined by

 

applying a ratio of the number of hours or days the district was in noncompliance in

 

relation to the required minimum number of hours and days under this subsection. Not

 

later than August 1, the board of each district shall certify to the department the

 

number of hours and, beginning in 2010-2011, days of pupil instruction in the previous

 

school year. If the district did not provide at least the required minimum number of

 

hours and days of pupil instruction under this subsection, the deduction of state aid

 

shall be made in the following fiscal year from the first payment of state school aid.

 

A district is not subject to forfeiture of funds under this subsection for a fiscal

 

year in which a forfeiture was already imposed under subsection (6).

 

       (c) Hours or days lost because of strikes or teachers' conferences shall not be

 

counted as hours or days of pupil instruction.

 

       (d) If a collective bargaining agreement that provides a complete school

 

calendar is in effect for employees of a district as of October 19, 2009, and if that

 


school calendar is not in compliance with this subsection, then this subsection does

 

not apply to that district until after the expiration of that collective bargaining

 

agreement.

 

       (e) Except as otherwise provided in subdivision (f), a district not having at

 

least 75% of the district's membership in attendance on any day of pupil instruction

 

shall receive state aid in that proportion of 1/180 that the actual percent of

 

attendance bears to the specified percentage.

 

       (f) At the request of a district that operates a department-approved

 

alternative education program and that does not provide instruction for pupils in all

 

of grades K to 12, the superintendent may grant a waiver from the requirements of

 

subdivision (e) in order to conduct a pilot study. The waiver shall indicate that an

 

eligible district is subject to the proration provisions of subdivision (e) only if

 

the district does not have at least 50% of the district’s membership in attendance on

 

any day of pupil instruction. In order to be eligible for this waiver, a district must

 

maintain records to substantiate its compliance with the following requirements during

 

the pilot study:

 

       (i) The district offers the minimum hours of pupil instruction as required

 

under this section.

 

       (ii) For each enrolled pupil, the district uses appropriate academic

 

assessments to develop an individual education plan that leads to a high school

 

diploma.

 

       (iii) The district tests each pupil to determine academic progress at regular

 

intervals and records the results of those tests in that pupil’s individual education

 

plan.

 

       (g) The superintendent shall promulgate rules for the implementation of this

 

subsection.

 

       (4) Except as otherwise provided in this subsection, the first 6 days or the

 


equivalent number of hours for which pupil instruction is not provided because of

 

conditions not within the control of school authorities, such as severe storms, fires,

 

epidemics, utility power unavailability, water or sewer failure, or health conditions

 

as defined by the city, county, or state health authorities, shall be counted as hours

 

and days of pupil instruction. With the approval of the superintendent of public

 

instruction, the department shall count as hours and days of pupil instruction for a

 

fiscal year not more than 6 additional days or the equivalent number of additional

 

hours for which pupil instruction is not provided in a district after April 1 of the

 

applicable school year due to unusual and extenuating occurrences resulting from

 

conditions not within the control of school authorities such as those conditions

 

described in this subsection. Subsequent such hours or days shall not be counted as

 

hours or days of pupil instruction.

 

       (5) A district shall not forfeit part of its state aid appropriation because it

 

adopts or has in existence an alternative scheduling program for pupils in

 

kindergarten if the program provides at least the number of hours required under

 

subsection (3) for a full-time equated membership for a pupil in kindergarten as

 

provided under section 6(4).

 

       (6) Not later than April 15 of each fiscal year, the board of each district

 

shall certify to the department the planned number of hours and days of pupil

 

instruction in the district for the school year ending in the fiscal year. In addition

 

to any other penalty or forfeiture under this section, if at any time the department

 

determines that 1 or more of the following has occurred in a district, the district

 

shall forfeit in the current fiscal year beginning in the next payment to be

 

calculated by the department a proportion of the funds due to the district under this

 

act ARTICLE that is equal to the proportion below the required minimum number of hours

 

and days of pupil instruction under subsection (3), as specified in the following:

 

       (a) The district fails to operate its schools for at least the required minimum

 


number of hours and days of pupil instruction under subsection (3) in a school year,

 

including hours and days counted under subsection (4).

 

       (b) The board of the district takes formal action not to operate its schools

 

for at least the required minimum number of hours and days of pupil instruction under

 

subsection (3) in a school year, including hours and days counted under subsection

 

(4).

 

       (7) In providing the minimum number of hours and days of pupil instruction

 

required under subsection (3), a district shall use the following guidelines, and a

 

district shall maintain records to substantiate its compliance with the following

 

guidelines:

 

       (a) Except as otherwise provided in this subsection, a pupil must be scheduled

 

for at least the required minimum number of hours of instruction, excluding study

 

halls, or at least the sum of 90 hours plus the required minimum number of hours of

 

instruction, including up to 2 study halls.

 

       (b) The time a pupil is assigned to any tutorial activity in a block schedule

 

may be considered instructional time, unless that time is determined in an audit to be

 

a study hall period.

 

       (c) Except as otherwise provided in this subdivision, a pupil in grades 9 to 12

 

for whom a reduced schedule is determined to be in the individual pupil's best

 

educational interest must be scheduled for a number of hours equal to at least 80% of

 

the required minimum number of hours of pupil instruction to be considered a full-time

 

equivalent pupil. A pupil in grades 9 to 12 who is scheduled in a 4-block schedule may

 

receive a reduced schedule under this subsection if the pupil is scheduled for a

 

number of hours equal to at least 75% of the required minimum number of hours of pupil

 

instruction to be considered a full-time equivalent pupil.

 

       (d) If a pupil in grades 9 to 12 who is enrolled in a cooperative education

 

program or a special education pupil cannot receive the required minimum number of

 


hours of pupil instruction solely because of travel time between instructional sites

 

during the school day, that travel time, up to a maximum of 3 hours per school week,

 

shall be considered to be pupil instruction time for the purpose of determining

 

whether the pupil is receiving the required minimum number of hours of pupil

 

instruction. However, if a district demonstrates to the satisfaction of the department

 

that the travel time limitation under this subdivision would create undue costs or

 

hardship to the district, the department may consider more travel time to be pupil

 

instruction time for this purpose.

 

       (e) In grades 7 through 12, instructional time that is part of a junior reserve

 

officer training corps (JROTC) program shall be considered to be pupil instruction

 

time regardless of whether the instructor is a certificated teacher if all of the

 

following are met:

 

       (i) The instructor has met all of the requirements established by the United

 

States department of defense and the applicable branch of the armed services for

 

serving as an instructor in the junior reserve officer training corps program.

 

       (ii) The board of the district or intermediate district employing or assigning

 

the instructor complies with the requirements of sections 1230 and 1230a of the

 

revised school code, MCL 380.1230 and 380.1230a, with respect to the instructor to the

 

same extent as if employing the instructor as a regular classroom teacher.

 

       (8) Except as otherwise provided in subsection (11), the department shall apply

 

the guidelines under subsection (7) in calculating the full-time equivalency of

 

pupils.

 

       (9) Upon application by the district for a particular fiscal year, the

 

superintendent may waive for a district the minimum number of hours and days of pupil

 

instruction requirement of subsection (3) for a department-approved alternative

 

education program or another innovative program approved by the department, including

 

a 4-day school week. If a district applies for and receives a waiver under this

 


subsection and complies with the terms of the waiver, for the fiscal year covered by

 

the waiver the district is not subject to forfeiture under this section for the

 

specific program covered by the waiver. If the district does not comply with the terms

 

of the waiver, the amount of the forfeiture shall be calculated based upon a

 

comparison of the number of hours and days of pupil instruction actually provided to

 

the minimum number of hours and days of pupil instruction required under subsection

 

(3). Pupils enrolled in a department-approved alternative education program under this

 

subsection shall be reported to the center in a form and manner determined by the

 

center.

 

       (10) A district may count up to 38 hours of qualifying professional development

 

for teachers as hours of pupil instruction. Professional development provided online

 

is allowable and encouraged, as long as the instruction has been approved by the

 

district. The department shall issue a list of approved online professional

 

development providers, which shall include the Michigan virtual university SCHOOL.

 

However, if a collective bargaining agreement that provides more than 38 but not more

 

than 51 hours of professional development for teachers is in effect for employees of a

 

district as of October 1, 2006, then until the fiscal year that begins after the

 

expiration of that collective bargaining agreement a district may count up to 51 hours

 

of qualifying professional development for teachers as hours of pupil instruction. A

 

district that elects to use this exception shall notify the department of its

 

election. As used in this subsection, "qualifying professional development" means

 

professional development that is focused on 1 or more of the following:

 

       (a) Achieving or improving adequate yearly progress as defined under the no

 

child left behind act of 2001, Public Law 107-110.

 

       (b) Achieving accreditation or improving a school's accreditation status under

 

section 1280 of the revised school code, MCL 380.1280.

 

       (c) Achieving highly qualified teacher status as defined under the no child

 


left behind act of 2001, Public Law 107-110.

 

       (d) Integrating technology into classroom instruction.

 

       (e) Maintaining teacher certification.

 

       (11) Subsections (3) and (8) do not apply to 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.

 

       (12) The department shall study the actual costs of providing distance learning

 

or other alternative instructional delivery that is being used in this state and shall

 

report on its findings to the house and senate fiscal agencies and the office of the

 

state budget not later than September 10, 2012. Upon request by the department, a

 

school of excellence described in subsection (11), the Michigan virtual university, or

 

a school that receives a seat time waiver from the department under this section shall

 

submit to the department any data requested by the department for the purposes of this

 

study.

 

       Sec. 104. (1) In order to receive state aid under this article, a district

 

shall comply with sections 1249, 1278a, 1278b, 1279, 1279g, and 1280b of the revised

 

school code, MCL 380.1249, 380.1278a, 380.1278b, 380.1279, 380.1279g, and 380.1280b,

 

and 1970 PA 38, MCL 388.1081 to 388.1086. Subject to subsection (2), from the state

 

school aid fund money appropriated in section 11, there is allocated EACH FISCAL YEAR

 

for 2011-2012 2012-2013 AND 2013-2014 an amount not to exceed $35,194,400.00

 

$26,694,400.00 for payments on behalf of districts for costs associated with complying

 

with those provisions of law. In addition, from the federal funds appropriated in

 

section 11, there is allocated EACH FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014

 

an amount estimated at $8,250,000.00, funded from DED-OESE, title VI, state

 

assessments funds AND DED-OSERS, section 504 of part B of the individuals with

 

disabilities education act, Public Law 94-142, plus any carryover federal funds from

 

previous year appropriations, for the purposes of complying with the federal no child

 


left behind act of 2001, Public Law 107-110.

 

       (2) The results of each test administered as part of the Michigan educational

 

assessment program, including tests administered to high school students, shall

 

include an item analysis that lists all items that are counted for individual pupil

 

scores and the percentage of pupils choosing each possible response.

 

       (3) All federal funds allocated under this section shall be distributed in

 

accordance with federal law and with flexibility provisions outlined in Public Law

 

107-116, and in the education flexibility partnership act of 1999, Public Law 106-25.

 

       (4) Notwithstanding section 17b, payments on behalf of districts, intermediate

 

districts, and other eligible entities under this section shall be paid on a schedule

 

determined by the department.

 

       (5) As used in this section:

 

       (a) "DED" means the United States department of education.

 

       (b) "DED-OSERS" means the DED office of special education and rehabilitative

 

services.

 

       (c) "DED-OESE" means the DED office of elementary and secondary education.

 

       Sec. 107. (1) From the appropriation in section 11, there is allocated EACH

 

FISCAL YEAR an amount not to exceed $22,000,000.00 for 2011-2012 2012-2013 AND 2013-

 

2014 for adult education programs authorized under this section. Funds allocated under

 

this section are restricted for adult education programs as authorized under this

 

section only. A recipient of funds under this section shall not use those funds for

 

any other purpose.

 

       (2) To be eligible for funding under this section, a program shall employ

 

certificated teachers and qualified administrative staff and shall offer continuing

 

education opportunities for teachers to allow them to maintain certification.

 

       (3) To be eligible to be a participant funded under this section, a person

 

shall be enrolled in an adult basic education program, an adult English as a second

 


language program, a general educational development (G.E.D.) test preparation program,

 

a job or employment related program, or a high school completion program, that meets

 

the requirements of this section, and shall meet either of the following, as

 

applicable:

 

       (a) If the individual has obtained a high school diploma or a general

 

educational development (G.E.D.) certificate, the individual meets 1 of the following:

 

       (i) Is less than 20 years of age on September 1 of the school year and is

 

enrolled in the Michigan career and technical institute.

 

       (ii) Is less than 20 years of age on September 1 of the school year, is not

 

attending an institution of higher education, and is enrolled in a job or employment-

 

related program through a referral by an employer.

 

       (iii) Is enrolled in an English as a second language program.

 

       (iv) Is enrolled in a high school completion program.

 

       (b) If the individual has not obtained a high school diploma or G.E.D.

 

certificate, the individual meets 1 of the following:

 

       (i) Is at least 20 years of age on September 1 of the school year.

 

       (ii) Is at least 16 years of age on September 1 of the school year, has been

 

permanently expelled from school under section 1311(2) or 1311a of the revised school

 

code, MCL 380.1311 and 380.1311a, and has no appropriate alternative education program

 

available through his or her district of residence.

 

       (4) Except as otherwise provided in subsection (5), the money allocated under

 

this section shall be distributed as follows:

 

       (a) For districts and consortia that received payments for 2010-2011 THE

 

IMMEDIATELY PRECEDING FISCAL YEAR under this section, the amount allocated to each for

 

2011-2012 THE CURRENT FISCAL YEAR shall be based on the number of participants served

 

by the district or consortium for 2011-2012 THE CURRENT FISCAL YEAR, using the amount

 

allocated per full-time equated participant under subsection (7), up to a maximum

 


total allocation under this subsection in an amount equal to 100.9% of the amount the

 

district or consortium received for 2010-2011 THE IMMEDIATELY PRECEDING FISCAL YEAR

 

under this section before any reallocations made for 2010-2011 THE IMMEDIATELY

 

PRECEDING FISCAL YEAR under subsection (5).

 

       (b) A district or consortium that received funding in 2010-2011 THE IMMEDIATELY

 

PRECEDING FISCAL YEAR under this section may operate independently of a consortium or

 

join or form a consortium for 2011-2012 THE CURRENT FISCAL YEAR. The allocation for

 

2011-2012 THE CURRENT FISCAL YEAR to the district or the newly formed consortium under

 

this subsection shall be determined by the department and shall be based on the

 

proportion of the amounts that are attributable to the district or consortium that

 

received funding in 2010-2011 THE IMMEDIATELY PRECEDING FISCAL YEAR. A district or

 

consortium described in this subdivision shall notify the department of its intention

 

with regard to 2011-2012 THE CURRENT FISCAL YEAR by October 1, 2011 OF THE CURRENT

 

FISCAL YEAR.

 

       (c) If a district had a declaration of financial emergency in place under the

 

local government fiscal responsibility act, 1990 PA 72, MCL 141.1201 to 141.1291, and

 

that declaration was revoked during 2005, the district may operate a program under

 

this section independently of a consortium or may join or form a consortium to operate

 

a program under this section. The allocation for 2011-2012 to the district or the

 

newly formed consortium under this subsection shall be determined by the department

 

and shall be based on the proportion of the amounts that are attributable to the

 

district or consortium that received funding in 2010-2011 or, for a district for which

 

a declaration of financial emergency was revoked during 2005, based on the amount the

 

district received under this section using a 3-year average of the 3 most recent

 

fiscal years the district received funding under this section. A district or

 

consortium described in this subdivision shall notify the department of its intention

 

with regard to 2011-2012 by October 1, 2011.

 


       (5) A district that operated an adult education program in 2010-2011 THE

 

IMMEDIATELY PRECEDING FISCAL YEAR and does not intend to operate a program in 2011-

 

2012 THE CURRENT FISCAL YEAR shall notify the department by October 1, 2011 OF THE

 

CURRENT FISCAL YEAR of its intention. The money intended to be allocated under this

 

section to a district that does not operate a program in 2011-2012 THE CURRENT FISCAL

 

YEAR and the unspent money originally allocated under this section to a district or

 

consortium that subsequently operates a program at less than the level of funding

 

allocated under subsection (4) and any other unallocated money under this section

 

shall instead be proportionately reallocated to the other districts described in

 

subsection (4)(a) that are operating an adult education program in 2011-2012 THE

 

CURRENT FISCAL YEAR under this section.

 

       (6) The amount allocated under this section per full-time equated participant

 

is $2,850.00 for a 450-hour program. The amount shall be proportionately reduced for a

 

program offering less than 450 hours of instruction.

 

       (7) An adult basic education program or an adult English as a second language

 

program operated on a year-round or school year basis may be funded under this

 

section, subject to all of the following:

 

       (a) The program enrolls adults who are determined by a department-approved

 

assessment, in a form and manner prescribed by the department, to be below ninth grade

 

level in reading or mathematics, or both, or to lack basic English proficiency.

 

       (b) The program tests individuals for eligibility under subdivision (a) before

 

enrollment and upon completion of the program in compliance with the state-approved

 

assessment policy.

 

       (c) A participant in an adult basic education program is eligible for

 

reimbursement until 1 of the following occurs:

 

       (i) The participant's reading and mathematics proficiency are assessed at or

 

above the ninth grade level.

 


       (ii) The participant fails to show progress on 2 successive assessments after

 

having completed at least 450 hours of instruction.

 

       (d) A funding recipient enrolling a participant in an English as a second

 

language program is eligible for funding according to subsection (11) until the

 

participant meets 1 of the following:

 

       (i) The participant is assessed as having attained basic English proficiency as

 

determined by a department-approved assessment.

 

       (ii) The participant fails to show progress on 2 successive department-approved

 

assessments after having completed at least 450 hours of instruction. The department

 

shall provide information to a funding recipient regarding appropriate assessment

 

instruments for this program.

 

       (8) A general educational development (G.E.D.) test preparation program

 

operated on a year-round or school year basis may be funded under this section,

 

subject to all of the following:

 

       (a) The program enrolls adults who do not have a high school diploma.

 

       (b) The program shall administer a G.E.D. pre-test approved by the department

 

before enrolling an individual to determine the individual's potential for success on

 

the G.E.D. test, and shall administer a post-test upon completion of the program in

 

compliance with the state-approved assessment policy.

 

       (c) A funding recipient shall receive funding according to subsection (11) for

 

a participant, and a participant may be enrolled in the program until 1 of the

 

following occurs:

 

       (i) The participant passes the G.E.D. test.

 

       (ii) The participant fails to show progress on 2 successive department-approved

 

assessments used to determine readiness to take the G.E.D. test after having completed

 

at least 450 hours of instruction.

 

       (9) A high school completion program operated on a year-round or school year

 


basis may be funded under this section, subject to all of the following:

 

       (a) The program enrolls adults who do not have a high school diploma.

 

       (b) The program tests participants described in subdivision (a) before

 

enrollment and upon completion of the program in compliance with the state-approved

 

assessment policy.

 

       (c) A funding recipient shall receive funding according to subsection (11) for

 

a participant in a course offered under this subsection until 1 of the following

 

occurs:

 

       (i) The participant passes the course and earns a high school diploma.

 

       (ii) The participant fails to earn credit in 2 successive semesters or terms in

 

which the participant is enrolled after having completed at least 900 hours of

 

instruction.

 

       (10) A job or employment-related adult education program operated on a year-

 

round or school year basis may be funded under this section, subject to all of the

 

following:

 

       (a) The program enrolls adults referred by their employer who are less than 20

 

years of age, have a high school diploma, are determined to be in need of remedial

 

mathematics or communication arts skills and are not attending an institution of

 

higher education.

 

       (B) THE PROGRAM TESTS PARTICIPANTS DESCRIBED IN SUBDIVISION (A) BEFORE

 

ENROLLMENT AND UPON COMPLETION OF THE PROGRAM IN COMPLIANCE WITH THE DEPARTMENT-

 

APPROVED ASSESSMENT POLICY.

 

       (C) (b) An individual may be enrolled in this program and the grant recipient

 

shall receive funding according to subsection (11) until 1 of the following occurs:

 

       (i) The individual achieves the requisite skills as determined by department-

 

approved assessment instruments administered at least after every 90 hours of

 

attendance.

 


       (ii) The individual fails to show progress on 2 successive assessments after

 

having completed at least 450 hours of instruction. The department shall provide

 

information to a funding recipient regarding appropriate assessment instruments for

 

this program.

 

       (11) A funding recipient shall receive payments under this section in

 

accordance with the following:

 

       (a) Ninety percent for enrollment of eligible participants.

 

       (b) Ten percent for completion of the adult basic education objectives by

 

achieving an increase of at least 1 grade level of proficiency in reading or

 

mathematics; for achieving basic English proficiency, as defined by the department in

 

the adult education guidebook; for obtaining a G.E.D. or passage of 1 or more

 

individual G.E.D. tests; for attainment of a high school diploma or passage of a

 

course required for a participant to attain a high school diploma; or for completion

 

of the course and demonstrated proficiency in the academic skills to be learned in the

 

course, as applicable.

 

       (12) As used in this section, "participant" means the sum of the number of

 

full-time equated individuals enrolled in and attending a department-approved adult

 

education program under this section, using quarterly participant count days on the

 

schedule described in section 6(7)(b).

 

       (13) A person who is not eligible to be a participant funded under this section

 

may receive adult education services upon the payment of tuition. In addition, a

 

person who is not eligible to be served in a program under this section due to the

 

program limitations specified in subsection (7), (8), (9), or (10) may continue to

 

receive adult education services in that program upon the payment of tuition. The

 

tuition level shall be determined by the local or intermediate district conducting the

 

program.

 

       (14) An individual who is an inmate in a state correctional facility shall not

 


be counted as a participant under this section.

 

       (15) A district shall not commingle money received under this section or from

 

another source for adult education purposes with any other funds of the district. A

 

district receiving adult education funds shall establish a separate ledger account for

 

those funds. This subsection does not prohibit a district from using general funds of

 

the district to support an adult education or community education program.

 

       (16) A district or intermediate district receiving funds under this section may

 

establish a sliding scale of tuition rates based upon a participant's family income. A

 

district or intermediate district may charge a participant tuition to receive adult

 

education services under this section from that sliding scale of tuition rates on a

 

uniform basis. The amount of tuition charged per participant shall not exceed the

 

actual operating cost per participant minus any funds received under this section per

 

participant. A district or intermediate district may not charge a participant tuition

 

under this section if the participant's income is at or below 200% of the federal

 

poverty guidelines published by the United States department of health and human

 

services.

 

       (17) In order to receive funds under this section, a district shall furnish to

 

the department, in a form and manner determined by the department, all information

 

needed to administer this program and meet federal reporting requirements; shall allow

 

the department or the department's designee to review all records related to the

 

program for which it receives funds; and shall reimburse the state for all

 

disallowances found in the review, as determined by the department.

 

       (18) All intermediate district participant audits of adult education programs

 

shall be performed pursuant to the adult education participant auditing and accounting

 

manuals published by the department.

 

       (19) As used in this section, "department" means the workforce development

 

agency MICHIGAN STRATEGIC FUND.

 


       Sec. 147. The allocation for 2010-2011 2012-2013 for the public school

 

employees' retirement system pursuant to the public school employees retirement act of

 

1979, 1980 PA 300, MCL 38.1301 to 38.1408, shall be made using the entry age normal

 

cost actuarial method and risk assumptions adopted by the public school employees

 

retirement board and the department of technology, management, and budget. For public

 

school employees who first worked for a public school reporting unit before July 1,

 

2010, the annual level percentage of payroll contribution rate is estimated at 15.96%

 

18.62% for pension and at 8.50% 8.75% for retiree health care for the 2011-2012 2012-

 

2013 fiscal year. For public school employees who first worked for a public school

 

reporting unit on or after July 1, 2010, the annual level percentage of payroll

 

contribution rate is estimated at 14.73% 17.39% for pension and 8.50% 8.75% for

 

retiree health care for the 2011-2012 2012-2013 fiscal year. For public school

 

employees who first worked for a public school reporting unit before July 1, 2010, the

 

annual level percentage of payroll contribution rate is estimated at 18.62% 22.46% for

 

pension and 8.75% 8.75% for retiree health care for the 2012-2013 2013-2014 fiscal

 

year. For public school employees who first worked for a public school reporting unit

 

on or after July 1, 2010, the annual level percentage of payroll contribution rate is

 

estimated at 17.39% 21.19% for pension and 8.75% 8.75% for retiree health care for the

 

2012-2013 2013-2014 fiscal year. The portion of the contribution rate assigned to

 

districts and intermediate districts for each fiscal year is all of the total

 

percentage points. This contribution rate reflects an amortization period of 26 years

 

for 2011-2012 2012-2013. The public school employees' retirement system board shall

 

notify each district and intermediate district by February 28 of each fiscal year of

 

the estimated contribution rate for the next fiscal year.

 

       Sec. 147a. From the appropriation in section 11, there is allocated EACH FISCAL

 

YEAR for 2011-2012 only 2012-2013 AND 2013-2014 an amount not to exceed

 

$155,000,000.00 $179,000,000.00 for 1-time payments to participating districts. The

 


money allocated in this section represents a portion of the year-end state school aid

 

fund balance for 2010-2011. A district that receives money under this section shall

 

use that money solely for the purpose of offsetting a portion of the retirement

 

contributions owed by the district for EACH OF the fiscal year YEARS ending September

 

30, 2012 2013 AND SEPTEMBER 30, 2014. The amount allocated to each participating

 

district under this section shall be based on each participating district's percentage

 

of the total statewide payroll for all participating districts for the IMMEDIATELY

 

PRECEDING state fiscal year ending September 30, 2011. As used in this section,

 

"participating district" means a district that is a reporting unit of the Michigan

 

public school employees' retirement system under the public school employees

 

retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, and that reports

 

employees to the Michigan public school employees' retirement system for September

 

2011 THE APPLICABLE FISCAL YEAR.

 

       Sec. 152a. (1) As required by the court in the consolidated cases known as

 

Adair v State of Michigan, Michigan supreme court docket nos. 137424 and 137453, from

 

the state school aid fund money appropriated in section 11 there is allocated EACH

 

FISCAL YEAR for 2011-2012 2012-2013 AND 2013-2014 an amount not to exceed

 

$34,064,500.00 $38,000,500.00 to be used solely for the purpose of paying necessary

 

costs related to the state-mandated collection, maintenance, and reporting of data to

 

this state.

 

       (2) From the allocation in subsection (1), the department shall make payments

 

to districts and intermediate districts in an equal amount per pupil based on the

 

total number of pupils in membership in each district and intermediate district. The

 

department shall not make any adjustment to these payments after the final installment

 

payment under section 17b is made.

 


 

 

ARTICLE II

 

 

 

STATE AID TO COMMUNITY COLLEGES

 

 

 

       Sec. 201. (1) Subject to the conditions set forth in this article, the amounts

 

listed in subsection (2) THIS SECTION are appropriated for community colleges for the

 

fiscal year ending September 30, 2012 2013, from the funds indicated in this section.

 

The following is a summary of the appropriations in subsection (2) THIS SECTION:

 

       (a) The gross appropriation is $283,880,500.00 $294,130,500.00. After deducting

 

total interdepartmental grants and intradepartmental transfers in the amount of $0.00,

 

the adjusted gross appropriation is $283,880,500.00 $294,130,500.00.

 

       (b) The sources of the adjusted gross appropriation described in subdivision (a)

 

are as follows:

 

       (i) Total federal revenues, $0.00.

 

       (ii) Total local revenues, $0.00.

 

       (iii) Total private revenues, $0.00.

 

       (iv) Total other state restricted revenues, $195,880,500.00 $197,614,100.00.

 

       (v) State general fund/general purpose money, $88,000,000.00 $96,516,400.00.

 

       (2) Subject to subsection (3), the amount AMOUNTS appropriated for community

 

college operations is $283,880,500.00, allocated ARE as follows:

 

       (a) Alpena Community College, $4,984,300.00 $5,152,700.00, INCLUDING $168,400.00

 

FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (b) Bay de Noc Community College, $5,040,200.00 $5,180,100.00, INCLUDING

 

$139,900.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (c) Delta College, $13,336,200.00 $13,919,300.00, INCLUDING $583,100.00 FROM

 

PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 


       (d) Glen Oaks Community College, $2,320,900.00 $2,393,700.00, INCLUDING

 

$72,800.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (e) Gogebic Community College, $4,140,500.00 $4,243,900.00, INCLUDING

 

$103,400.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (f) Grand Rapids Community College, $16,649,700.00 $16,983,100.00, INCLUDING

 

$333,400.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (g) Henry Ford Community College, $20,145,000.00 $20,575,200.00, INCLUDING

 

$430,200.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (h) Jackson Community College, $11,219,700.00 $11,551,300.00, INCLUDING

 

$331,600.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (i) Kalamazoo Valley Community College, $11,522,700.00 $11,922,000.00, INCLUDING

 

$399,300.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (j) Kellogg Community College, $9,047,900.00 $9,327,100.00, INCLUDING

 

$279,200.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (k) Kirtland Community College, $2,872,900.00 $3,028,300.00, INCLUDING

 

$155,400.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (l) Lake Michigan College, $4,937,700.00 $5,037,900.00, INCLUDING $100,200.00

 

FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (m) Lansing Community College, $28,651,900.00 $29,571,700.00, INCLUDING

 

$919,800.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (n) Macomb Community College, $30,490,300.00 $31,184,100.00, INCLUDING

 

$693,800.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (o) Mid Michigan Community College, $4,266,800.00 $4,456,600.00, INCLUDING

 

$189,800.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (p) Monroe County Community College, $4,094,000.00 $4,212,500.00, INCLUDING

 

$118,500.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (q) Montcalm Community College, $2,946,800.00 $3,050,000.00, INCLUDING

 


$103,200.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (r) C.S. Mott Community College, $14,526,400.00 $14,942,700.00, INCLUDING

 

$416,300.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (s) Muskegon Community College, $8,256,700.00 $8,411,900.00, INCLUDING

 

$155,200.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (t) North Central Michigan College, $2,886,500.00 $2,963,100.00, INCLUDING

 

$76,600.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (u) Northwestern Michigan College, $8,430,300.00 $8,542,400.00, INCLUDING

 

$112,100.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (v) Oakland Community College, $19,455,900.00 $19,934,800.00, INCLUDING

 

$478,900.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (w) St. Clair County Community College, $6,534,100.00 $6,726,300.00, INCLUDING

 

$192,200.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (x) Schoolcraft College, $11,477,300.00 $12,036,800.00, INCLUDING $559,500.00

 

FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (y) Southwestern Michigan College, $6,143,700.00 $6,234,100.00, INCLUDING

 

$90,400.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (z) Washtenaw Community College, $11,827,300.00 $12,818,200.00, INCLUDING

 

$990,900.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (aa) Wayne County Community College, $15,425,900.00 $15,703,300.00, INCLUDING

 

$277,400.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (bb) West Shore Community College, $2,248,900.00 $2,293,800.00, INCLUDING

 

$44,900.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 206B.

 

       (3) The amount AMOUNTS appropriated in subsection (2) for community college

 

operations is COLLEGES ARE appropriated from the following:

 

       (a) School aid fund, $195,880,500.00.

 

       (b) State general fund/general purpose money, $88,000,000.00 $96,516,400.

 


       (4) there is APPROPRIATED for fiscal year 2012-2013 an amount not to exceed

 

$1,733,600.00 for payments to COMMUNITY COLLEGES, FROM THE STATE SCHOOL AID FUND. A

 

COMMUNITY COLLEGE that receives money under this section shall use that money solely

 

for the purpose of offsetting a portion of the retirement contributions owed by the

 

COLLEGE for the fiscal year ending September 30, 2013. The amount allocated to each

 

participating COMMUNITY COLLEGE under this SUBsection shall be based on each

 

participating COLLEGE’S total payroll covered by the Michigan public school employees'

 

retirement system in proportion to the total Michigan public school employees'

 

retirement system-covered payroll for all participating COLLEGES for the IMMEDIATELY

 

PRECEDING state fiscal year. As used in this section, "participating COLLEGE" means a

 

COMMUNITY COLLEGE that is a reporting unit of THE Michigan public school employees'

 

retirement system under the public school employees retirement act of 1979, 1980 PA

 

300, MCL 38.1301 to 38.1408, and that reports employees to THE Michigan public school

 

employees' retirement system for THE STATE FISCAL YEAR.

 

       Sec. 201a. It is the intent of the legislature to provide appropriations for the

 

fiscal year ending on September 30, 2013 for the items listed in section 201. The

 

fiscal year 2012-2013 appropriations are anticipated to be the same as those for

 

fiscal year 2011-2012, except that the amounts will be adjusted for changes in

 

caseload and related costs, federal fund match rates, economic factors, and available

 

revenue. These adjustments will be determined after the January 2012 consensus revenue

 

estimating conference. (1) Subject to the conditions set forth in this article, the

 

amounts listed in this section are ANTICIPATED TO BE appropriated for community

 

colleges for the fiscal year ending September 30, 2014, from the funds indicated in

 

this section. The following is a summary of the anticipated appropriations in this

 

section:

 

       (a) The gross appropriation is $294,130,500.00. After deducting total

 

interdepartmental grants and intradepartmental transfers in the amount of $0.00, the

 


adjusted gross appropriation is $294,130,500.00.

 

       (b) The sources of the adjusted gross appropriation described in subdivision (a)

 

are as follows:

 

       (i) Total federal revenues, $0.00.

 

       (ii) Total local revenues, $0.00.

 

       (iii) Total private revenues, $0.00.

 

       (iv) Total other state restricted revenues, $197,614,100.00.

 

       (v) State general fund/general purpose money, $96,516,400.00.

 

       (2) Subject to subsection (3), the amount ANTICIPATED TO BE appropriated for

 

community college operations is $283,880,500.00, allocated as follows:

 

       (a) Alpena Community College, $4,984,300.00.

 

       (b) Bay de Noc Community College, $5,040,200.00.

 

       (c) Delta College, $13,336,200.00.

 

       (d) Glen Oaks Community College, $2,320,900.00.

 

       (e) Gogebic Community College, $4,140,500.00.

 

       (f) Grand Rapids Community College, $16,649,700.00.

 

       (g) Henry Ford Community College, $20,145,000.00.

 

       (h) Jackson Community College, $11,219,700.00.

 

       (i) Kalamazoo Valley Community College, $11,522,700.00.

 

       (j) Kellogg Community College, $9,047,900.00.

 

       (k) Kirtland Community College, $2,872,900.00.

 

       (l) Lake Michigan College, $4,937,700.00.

 

       (m) Lansing Community College, $28,651,900.00.

 

       (n) Macomb Community College, $30,490,300.00.

 

       (o) Mid Michigan Community College, $4,266,800.00.

 

       (p) Monroe County Community College, $4,094,000.00.

 

       (q) Montcalm Community College, $2,946,800.00.

 


       (r) C.S. Mott Community College, $14,526,400.00.

 

       (s) Muskegon Community College, $8,256,700.00.

 

       (t) North Central Michigan College, $2,886,500.00.

 

       (u) Northwestern Michigan College, $8,430,300.00.

 

       (v) Oakland Community College, $19,455,900.00.

 

       (w) St. Clair County Community College, $6,534,100.00.

 

       (x) Schoolcraft College, $11,477,300.00.

 

       (y) Southwestern Michigan College, $6,143,700.00.

 

       (z) Washtenaw Community College, $11,827,300.00.

 

       (aa) Wayne County Community College, $15,425,900.00.

 

       (bb) West Shore Community College, $2,248,900.00.

 

       (3) The amount ANTICIPATED TO BE appropriated in subsection (2) for community

 

college operations is appropriated from the following:

 

       (a) School aid fund, $195,880,500.00.

 

       (b) State general fund/general purpose money, $88,000,000.00.

 

       (4) THE AMOUNT ANTICIPATED TO BE APPROPRIATED FOR PERFORMANCE BASED FUNDING IS

 

$8,516,400.00, APPROPRIATED FROM STATE GENERAL FUND/GENERAL PURPOSE MONEY, PURSUANT TO

 

SECTION 206B.

 

       (5) there is ANTICIPATED TO BE APPROPRIATED for fiscal year 2013-2014 an amount

 

not to exceed $1,733,600.00 for payments to COMMUNITY COLLEGES, FROM THE STATE SCHOOL

 

AID FUND. A COMMUNITY COLLEGE that receives money under this section shall use that

 

money solely for the purpose of offsetting a portion of the retirement contributions

 

owed by the COLLEGE for the fiscal year ending September 30, 2014. The amount

 

allocated to each participating COMMUNITY COLLEGE under this SUBsection shall be based

 

on each participating COLLEGE’S total payroll covered by the Michigan public school

 

employees' retirement system in proportion to the total covered payroll for all

 

participating COLLEGES for the IMMEDIATELY PRECEDING state fiscal year. As used in

 


this section, "participating COLLEGE" means a COMMUNITY COLLEGE that is a reporting

 

unit of THE Michigan public school employees' retirement system under the public

 

school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, and that

 

reports employees to THE Michigan public school employees' retirement system for THE

 

STATE FISCAL YEAR.

 

       Sec. 202a. As used in article II of this act, the term "workforce development

 

agency" shall refer to the workforce development agency of the Michigan strategic

 

fund.

 

       Sec. 203. Unless otherwise specified, a community college receiving

 

appropriations in section 201 and the workforce development agency shall use the

 

Internet to fulfill the reporting requirements of this article. This requirement may

 

include transmission of reports via electronic mail to the recipients identified for

 

each reporting requirement or it may include placement of reports on an Internet or

 

Intranet site.

 

       Sec. 206. The funds appropriated in section 201 are appropriated for community

 

colleges with fiscal years ending June 30, 2012 2013 and shall be paid out of the

 

state treasury and distributed by the state treasurer to the respective community

 

colleges in 11 monthly installments on the sixteenth of each month, or the next

 

succeeding business day, beginning with October 16, 2011. 2012. Each community college

 

shall accrue its July and August 2012 2013 payments to its institutional fiscal year

 

ending June 30, 2012. 2013. However, if a community college fails to submit all

 

verified Michigan community colleges activities classification structure data for

 

school year 2010-2011 2011-2012 to the workforce development agency by November 1,

 

2011 2012, OR FAILS TO SUBMIT BY JUNE 30, 2012 THE ANNUAL P-20 LONGITUDINAL DATA

 

SYSTEM DATA SETS TO THE CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION AS

 

DESCRIBED IN SECTION 219, the monthly installments shall be withheld from that

 

community college until those data are submitted. THE STATE BUDGET DIRECTOR SHALL HAVE

 


THE AUTHORITY TO DETERMINE IF A COMMUNITY COLLEGE IS IN COMPLIANCE WITH THE PROVISIONS

 

OF THIS SECTION.

 

       SEC. 206B. (1) THE AMOUNTS APPROPRIATED TO EACH COMMUNITY COLLEGE IN SECTION 201

 

FOR PERFORMANCE FUNDING WERE DERIVED FROM THE FOLLOWING CALCULATIONS:

 

       (A) FOR EACH COMMUNITY COLLEGE, THE AVERAGE NUMBER OF COMPLETIONS OF ASSOCIATE

 

DEGREES AND CERTIFICATES BELOW THE BACCALAUREATE IN CRITICAL SKILLS AREAS WERE SUMMED

 

FOR ACADEMIC YEARS 2008-2009, 2009-2010, AND 2010-2011, AND DIVIDED BY 3.

 

       (B) A PER DEGREE ADJUSTMENT WAS CALCULATED BY DIVIDING THE TOTAL AMOUNT

 

AVAILABLE FOR PERFORMANCE FUNDING BY THE SUM OF THE AVERAGE COMPLETIONS CALCULATED IN

 

SUBDIVISION (A).

 

       (C) EACH COMMUNITY COLLEGE’S NUMBER OF AVERAGE COMPLETIONS CALCULATED IN

 

SUBDIVISION (A) WAS MULTIPLIED BY THE PER DEGREE ADJUSTMENT CALCULATED IN SUBDIVISION

 

(B).

 

       (2) THE SOURCE OF DATA USED IN THIS SECTION IS THE UNITED STATES DEPARTMENT OF

 

EDUCATION INTEGRATED POSTSECONDARY EDUCATION DATA SYSTEM. FOR THE PURPOSES OF THIS

 

SUBSECTION, CRITICAL SKILLS AREAS ARE DEFINED AS THOSE DEGREES AND CERTIFICATES

 

REPORTED BY EACH COMMUNITY COLLEGE IN THE UNITED STATES DEPARTMENT OF EDUCATION 2010

 

CLASSIFICATION OF INSTRUCTIONAL PROGRAM CODES 01, 03, 04, 10, 11, 14, 15, 26, 27, 29,

 

40, 41, 46, 47, 48, 49 AND 51.

 

       (3) BEGINNING IN FISCAL YEAR 2012-2013, COMMUNITY COLLEGES SHALL REPORT TO THE

 

CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION BY AUGUST 31 OF EACH YEAR THE

 

STUDENTS IN THE MOST RECENTLY COMPLETED ACADEMIC YEAR THAT TRANSFERRED TO A 4-YEAR

 

COLLEGE OR UNIVERSITY. BEGINNING IN FISCAL YEAR 2013-2014, THESE DATA WILL BE USED IN

 

THE CALCULATIONS OF COMMUNITY COLLEGE PERFORMANCE FUNDING.

 

       Sec. 208. Money appropriated in section 201 shall not be used to pay for the

 

construction or maintenance of a self-liquidating project. A community college shall

 

comply with the current use and finance requirements of the joint capital outlay

 


subcommittee (JCOS) for any construction, renovation, or other capital outlay projects

 

pursuant to JCOS policy. The appropriation in section 201 for a community college that

 

fails to comply with JCOS requirements shall be reduced by 1% for each violation.

 

       Sec. 213. It is the intent of the legislature that community COMMUNITY colleges

 

ARE ENCOURAGED TO work with public universities in the state to implement statewide

 

reverse transfer agreements to increase the number of students that are awarded

 

credentials of value upon completion of the necessary credits. In doing so, the

 

institutions should work collaboratively and cooperatively to remove administrative

 

barriers that result in understating the academic attainment of Michigan’s citizens.

 

It is the intent of the legislature that by August 1, 2012, THESE statewide agreements

 

be in place between community colleges and public universities that SHALL enable

 

students who have earned a significant number of credits at a community college and

 

transfer TRANSFERRED to a baccalaureate-granting institution before completing a

 

degree to transfer the credits earned at the baccalaureate institution back to the

 

community college in order to be awarded a credential of value.

 

       Sec. 219. A community college receiving funds in section 201 shall cooperate

 

COMPLY with the state’s efforts to establish AND MAINTAIN a statewide P-20 education

 

longitudinal data system to comply with the state fiscal stabilization fund provisions

 

of the American recovery and reinvestment act of 2009, Public Law 111-5. INFORM THE

 

SCHOOL DISTRICTS AND CITIZENS OF THIS STATE ABOUT THE OVERALL PERFORMANCE OF THEIR

 

INVESTMENT IN PUBLIC EDUCATION.

 

       Sec. 222. Each community college shall have an annual audit of all income and

 

expenditures performed by an independent auditor and shall furnish the independent

 

auditor’s management letter and an annual audited accounting of all general and

 

current funds income and expenditures including audits of college foundations to the

 

members of the senate and house appropriations subcommittees on community colleges,

 

the senate and house fiscal agencies, the auditor general, the workforce development

 


agency, and the state budget director before November 15, 2011. OF EACH YEAR. If a

 

community college fails to furnish the audit materials, the monthly state aid

 

installments shall be withheld from that college until the information is submitted.

 

All reporting shall conform to the requirements set forth in the "2001 Manual for

 

Uniform Financial Reporting, Michigan Public Community Colleges". It is the intent of

 

the legislature EXPECTED that a community college shall make the information the

 

community college is required to provide under this section available to the public on

 

its Internet website.

 

       Sec. 223. Each community college shall report the following to the workforce

 

development agency no later than November 1, 2011 OF EACH YEAR:

 

       (a) The number of North American Indian students enrolled each term for the

 

previous fiscal year, using guidelines and procedures developed by the workforce

 

development agency and the Michigan commission on Indian affairs DEPARTMENT OF CIVIL

 

RIGHTS.

 

       (b) The number of North American Indian tuition waivers granted each term, and

 

the monetary value of the waivers for the previous fiscal year.

 

       Sec. 224. Upon request, a community college shall inform interested Michigan

 

high schools of the aggregate academic status of its students for the prior academic

 

year, in a manner prescribed by the Michigan community college association and in

 

cooperation with the Michigan association of secondary school principals. the

 

community colleges SHALL COOPERATE with the Center for Educational Performance and

 

Information to design and implement a systematic approach for accomplishing this work.

 

       Sec. 225. Each community college shall report to the house and senate fiscal

 

agencies, the state budget director, and the workforce development agency by August

 

31, 2011, 2012, the tuition and mandatory fees paid by a full-time in-district student

 

and a full-time out-of-district student as established by the college governing board

 

for the 2010-2011 2011-2012 academic year. This report should also include the annual

 


cost of attendance based on a full-time course load of 30 credits. Each community

 

college shall also report any revisions to the reported 2010-2011 2011-2012 academic

 

year tuition and mandatory fees adopted by the college governing board to the house

 

and senate fiscal agencies, the state budget director, and the workforce development

 

agency within 15 days of being adopted.

 

       Sec. 226. Each community college shall report to the workforce development

 

agency the numbers and type of associate degrees and other certificates awarded during

 

the previous fiscal year. The report shall be made not later than November 15, 2011.

 

OF EACH YEAR.

 

       Sec. 229. It is the intent of the legislature EXPECTED that each community

 

college receiving an appropriation in section 201 include in its admission application

 

process a specific question as to whether an applicant for admission is a veteran, an

 

active member of the military, a member of the national guard or military reserves, or

 

the spouse or dependent of a veteran, active member of the military, or member of the

 

national guard or military reserves, in order to more quickly identify potential

 

educational assistance available to that applicant. As used in this section, "veteran"

 

means an honorably discharged veteran entitled to educational assistance under the

 

provisions of section 5003 of the post-911 veterans educational assistance act of

 

2008, title V of Public Law 110-252, 38 USC 3301 to 3324.

 

       SEC. 231. IN ADDITION TO THE FUNDS APPROPRIATED FOR FISCAL YEAR 2012-2013 IN

 

SECTION 201 OF THIS ARTICLE, APPROPRIATIONS TO THE DEPARTMENT OF TECHNOLOGY,

 

MANAGEMENT AND BUDGET FOR STATE BUILDING AUTHORITY RENT PROVIDE FUNDING FOR THE STATE

 

SHARE OF COSTS FOR PREVIOUSLY CONSTRUCTED CAPITAL PROJECTS FOR COMMUNITY COLLEGES.

 

THESE STATE BUILDING AUTHORITY RENT APPROPRIATIONS REPRESENT ADDITIONAL STATE GENERAL

 

FUND SUPPORT PROVIDED TO COMMUNITY COLLEGES ACCORDING TO THE FOLLOWING ESTIMATED

 

SCHEDULE:

 

       (1) ALPENA COMMUNITY COLLEGE, $428,100.00

 


       (2) BAY DE NOC COMMUNITY COLLEGE, $618,000.00

 

       (3) DELTA COLLEGE, $2,610,000.00

 

       (4) GLEN OAKS COMMUNITY COLLEGE, $123,000.00

 

       (5) GOGEBIC COMMUNITY COLLEGE, $60,000.00

 

       (6) GRAND RAPIDS COMMUNITY COLLEGE, $1,675,000.00

 

       (7) HENRY FORD COMMUNITY COLLEGE, $1,110,000.00

 

       (8) JACKSON COMMUNITY COLLEGE, $1,563,000.00

 

       (9) KALAMAZOO VALLEY COMMUNITY COLLEGE, $1,467,000.00

 

       (10) KELLOGG COMMUNITY COLLEGE, $520,000.00

 

       (11) KIRTLAND COMMUNITY COLLEGE, $363,300.00

 

       (12) LAKE MICHIGAN COLLEGE, $340,000.00

 

       (13) LANSING COMMUNITY COLLEGE, $384,000.00

 

       (14) MACOMB COMMUNITY COLLEGE, $1,313,100.00

 

       (15) MID MICHIGAN COMMUNITY COLLEGE, $915,000.00

 

       (16) MONROE COUNTY COMMUNITY COLLEGE, $1,355,000.00

 

       (17) MONTCALM COMMUNITY COLLEGE, $756,000.00

 

       (18) C.S. MOTT COMMUNITY COLLEGE, $1,803,000.00

 

       (19) MUSKEGON COMMUNITY COLLEGE, $198,000.00

 

       (20) NORTHWESTERN MICHIGAN COLLEGE, $1,305,000.00

 

       (21) OAKLAND COMMUNITY COLLEGE, $465,000.00

 

       (22) ST. CLAIR COUNTY COMMUNITY COLLEGE, $356,100.00

 

       (23) SCHOOLCRAFT COLLEGE, $1,546,100.00

 

       (24) SOUTHWESTERN MICHIGAN COLLEGE, $530,600.00

 

       (25) WASHTENAW COMMUNITY COLLEGE, $1,993,000.00

 

       (26) WAYNE COUNTY COMMUNITY COLLEGE, $1,890,000.00

 

       (27) WEST SHORE COMMUNITY COLLEGE, $577,000.00

 


ARTICLE III

 

 

 

STATE AID FOR UNIVERSITIES AND STUDENT FINANCIAL AID

 

 

 

       Sec. 236. (1) Subject to the conditions set forth in this article, the amounts

 

listed in subsections (2) to (5) THIS SECTION are appropriated for higher education

 

for the fiscal year ending September 30, 2012 2013, from the funds indicated in this

 

section. The following is a summary of the appropriations in subsections (2) to (5)

 

THIS SECTION:

 

       (a) The gross appropriation is $1,362,278,400.00 $1,399,981,500.00. After

 

deducting total interdepartmental grants and intradepartmental transfers in the amount

 

of $0.00, the adjusted gross appropriation is $1,362,278,400.00 $1,399,981,500.00.

 

       (b) The sources of the adjusted gross appropriation described in subdivision

 

(a) are as follows:

 

       (i) Total federal revenues, $98,326,400.00 $97,026,400.00.

 

       (ii) Total local revenues, $0.00.

 

       (iii) Total private revenues, $0.00.

 

       (iv) Total other state restricted revenues, $200,219,500.00 $200,565,700.00.

 

       (v) State general fund/general purpose money, $1,063,732,500.00

 

$1,102,389,400.00.

 

       (2) Amounts appropriated for public universities are as follows:

 

       (a) The appropriation for Central Michigan University is $68,108,900.00,

 

$61,431,100.00 for operations, and $6,677,800.00 for tuition restraint incentive IS

 

$70,680,700.00, INCLUDING $2,571,800.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION

 

265A, appropriated from the following:

 

       (i) State school aid fund, $11,284,600.00.

 

       (ii) State general fund/general purpose money, $56,824,300.00 $59,396,100.00.

 


       (b) The appropriation for Eastern Michigan University is $64,619,100.00,

 

$61,319,900.00 for operations, and $3,299,200.00 for tuition restraint incentive IS

 

$66,118,400.00, INCLUDING $1,499,300.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION

 

265A, appropriated from the following:

 

       (i) State school aid fund, $10,706,400.00.

 

       (ii) State general fund/general purpose money, $53,912,700.00 $55,412,000.00.

 

       (c) The appropriation for Ferris State University is $41,324,300.00,

 

$37,971,600.00 for operations, and $3,352,700.00 for tuition restraint incentive IS

 

$43,906,600.00, INCLUDING $2,582,300.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION

 

265A, appropriated from the following:

 

       (i) State school aid fund, $6,846,800.00.

 

       (ii) State general fund/general purpose money, $34,477,500.00 $37,059,800.00.

 

       (d) The appropriation for Grand Valley State University is $52,677,400.00,

 

$48,431,500.00 for operations, and $4,245,900.00 for tuition restraint incentive IS

 

$56,673,500.00, INCLUDING $3,996,100.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION

 

265A, appropriated from the following:

 

       (i) State school aid fund, $8,727,800.00.

 

       (ii) State general fund/general purpose money, $43,949,600.00 $47,945,700.00.

 

       (e) The appropriation for Lake Superior State University is $10,789,500.00,

 

$10,055,100.00 for operations, and $734,400.00 for tuition restraint incentive IS

 

$11,036,700.00, INCLUDING $247,200.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION

 

265A, appropriated from the following:

 

       (i) State school aid fund, $1,787,600.00.

 

       (ii) State general fund/general purpose money, $9,001,900.00 $9,249,100.00.

 

       (f) The appropriation for Michigan State University is $293,746,600.00,

 

$299,384,300.00, ALLOCATED AS FOLLOWS: $222,796,200.00 $244,418,600.00 for operations,

 

$18,324,600.00 for tuition restraint incentive, INCLUDING $3,297,800.00 FROM

 


PERFORMANCE FUNDING PURSUANT TO SECTION 265A; $2,339,900.00 FOR THE FACILITY FOR RARE

 

ISOTOPE BEAMS; and $52,625,800.00 for agricultural experiment and cooperative

 

extension activities, appropriated from the following:

 

       (i) State school aid fund, $39,949,900.00.

 

       (ii) State general fund/general purpose money, $253,796,700.00 $259,434,400.00.

 

       (g) The appropriation for Michigan Technological University is $40,733,600.00,

 

$37,409,700.00 for operations, and $3,323,900.00 for tuition restraint incentive IS

 

$41,536,100.00, INCLUDING $802,500.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION

 

265A, appropriated from the following:

 

       (i) State school aid fund, $6,748,900.00.

 

       (ii) State general fund/general purpose money, $33,984,700.00 $34,787,200.00.

 

       (h) The appropriation for Northern Michigan University is $38,367,400.00,

 

$36,225,200.00 for operations, and $2,142,200.00 for tuition restraint incentive IS

 

$39,659,700.00, INCLUDING $1,292,300.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION

 

265A, appropriated from the following:

 

       (i) State school aid fund, $6,356,900.00.

 

       (ii) State general fund/general purpose money, $32,010,500.00 $33,302,800.00.

 

       (i) The appropriation for Oakland University is $43,145,000.00, $39,313,500.00

 

for operations, and $3,831,500.00 for tuition restraint incentive IS $44,744,600.00,

 

INCLUDING $1,599,600.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION 265A,

 

appropriated from the following:

 

       (i) State school aid fund, $7,148,400.00.

 

       (ii) State general fund/general purpose money, $35,996,600.00 $37,596,200.00.

 

       (j) The appropriation for Saginaw Valley State University is $23,561,500.00,

 

$21,969,300.00 for operations, and $1,592,200.00 for tuition restraint incentive IS

 

$24,682,500.00, INCLUDING $1,121,000.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION

 

265A, appropriated from the following:

 


       (i) State school aid fund, $3,903,800.00.

 

       (ii) State general fund/general purpose money, $19,657,700.00 $20,778,700.00.

 

       (k) The appropriation for University of Michigan - Ann Arbor is

 

$268,803,300.00, $254,931,800.00 for operations, and $13,871,500.00 for tuition

 

restraint incentive IS $272,695,500.00, INCLUDING $3,892,200.00 FROM PERFORMANCE

 

FUNDING PURSUANT TO SECTION 265A, appropriated from the following:

 

       (i) State school aid fund, $44,536,300.00.

 

       (ii) State general fund/general purpose money, $224,267,000.00 $228,159,200.00.

 

       (l) The appropriation for University of Michigan - Dearborn is $21,016,300.00,

 

$19,627,400.00 for operations, and $1,388,900.00 for tuition restraint incentive IS

 

$21,587,800.00, INCLUDING $571,500.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION

 

265A, appropriated from the following:

 

       (i) State school aid fund, $3,482,100.00.

 

       (ii) State general fund/general purpose money, $17,534,200.00 $18,105,700.00.

 

       (m) The appropriation for University of Michigan - Flint is $17,762,400.00,

 

$16,679,400.00 for operations, and $1,083,000.00 for tuition restraint incentive IS

 

$18,330,900.00, INCLUDING $568,500.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION

 

265A, appropriated from the following:

 

       (i) State school aid fund, $2,942,900.00.

 

       (ii) State general fund/general purpose money, $14,819,500.00 $15,388,000.00.

 

       (n) The appropriation for Wayne State University is $182,036,900.00,

 

$169,209,400.00 for operations, and $12,827,500.00 for tuition restraint incentive IS

 

$183,719,300.00, INCLUDING $1,682,400.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION

 

265A, appropriated from the following:

 

       (i) State school aid fund, $30,160,600.00.

 

       (ii) State general fund/general purpose money, $151,876,300.00 $153,558,700.00.

 

       (o) The appropriation for Western Michigan University is $93,168,300.00,

 


$86,866,700.00 for operations, and $6,301,600.00 for tuition restraint incentive IS

 

$94,606,500.00, INCLUDING $1,438,200.00 FROM PERFORMANCE FUNDING PURSUANT TO SECTION

 

265A, appropriated from the following:

 

       (i) State school aid fund, $15,436,500.00.

 

       (ii) State general fund/general purpose money, $77,731,800.00 $79,170,000.00.

 

       (3) THE AMOUNT APPROPRIATED FOR TUITION RESTRAINT INCENTIVE FUNDING IS

 

$9,054,300.00, APPROPRIATED FROM GENERAL FUND/GENERAL PURPOSE MONEY, AND ALLOCATED TO

 

EACH UNIVERSITY PURSUANT TO SECTION 265.

 

       (4) there is APPROPRIATED for fiscal year 2012-2013 an amount not to exceed

 

$446,200.00 for payments to PUBLIC UNIVERSITIES, FROM THE STATE SCHOOL AID FUND. A

 

PUBLIC UNIVERSITY that receives money under this SUBDIVISION shall use that money

 

solely for the purpose of offsetting a portion of the retirement contributions owed by

 

the UNIVERSITY for the fiscal year ending September 30, 2013. The amount allocated to

 

each participating PUBLIC UNIVERSITY under this SUBDIVISION shall be based on each

 

participating PUBLIC UNIVERSITY’S TOTAL retiree health care premiums paid for Michigan

 

public school employees' retirement system retirants IN PROPORTION TO THE TOTAL

 

retiree health care premiums paid for Michigan public school employees' retirement

 

system retirants for ALL PARTICIPATING PUBLIC UNIVERSITIES for the immediately

 

preceding state fiscal year. PAYMENTS SHALL BE MADE IN A FORM AND MANNER DETERMINED BY

 

THE OFFICE OF RETIREMENT services. As used in this section, "participating PUBLIC

 

UNIVERSITY" means a PUBLIC UNIVERSITY that is a reporting unit of THE Michigan public

 

school employees' retirement system under the public school employees retirement act

 

of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, and that pays retiree health care

 

premiums to THE Michigan public school employees' retirement system for THE STATE

 

FISCAL YEAR.

 

       (5) (3) The amount appropriated for state and regional programs is $200,000.00,

 

appropriated from general fund/general purpose money and allocated as follows:

 


       (a) Higher education database modernization and conversion, $105,000.00.

 

       (b) Midwestern higher education compact, $95,000.00.

 

       (6) (4) The amount appropriated for the Martin Luther King, Jr. - Cesar Chavez

 

- Rosa Parks program is $2,691,500.00, appropriated from general fund/general purpose

 

money and allocated as follows:

 

       (a) Select student support services, $1,956,100.00.

 

       (b) Michigan college/university partnership program, $586,800.00.

 

       (c) Morris Hood, Jr. educator development program, $148,600.00.

 

       (7) (5) Subject to subsection (6) (8), the amount appropriated for grants and

 

financial aid is $99,526,400.00 $98,226,400.00, allocated as follows:

 

       (a) State competitive scholarships, $19,861,700.00 $20,361,700.00.

 

       (b) Tuition grants, $31,664,700.00 $30,664,700.00.

 

       (c) Tuition incentive program, $43,800,000.00 $42,800,000.00.

 

       (d) Robert C. Byrd honors scholarship program, $1,500,000.00.

 

       (D) (e) Children of veterans and officer’s survivor tuition grant programs,

 

$1,200,000.00.

 

       (E) (f) Project GEAR-UP, $1,500,000.00 $3,200,000.00.

 

       (8) (6) The money appropriated in subsection (5) (7) for grants and financial

 

aid is appropriated from the following:

 

       (a) Federal revenues under subpart 4 of part A of title IV of the higher

 

education act of 1965, Public Law 89-329, 79 Stat. 1232, $1,500,000.00.

 

       (b) Federal revenues under subpart 6 of part A of title IV of the higher

 

education act of 1965, Public Law 89-329, 79 Stat. 1232, $1,500,000.00.

 

       (A) (c) Federal revenues under the United States department of education,

 

office of elementary and secondary education, GEAR-UP program, $1,500,000.00

 

$3,200,000.00.

 

       (B) (d) Federal revenues under the social security act, temporary assistance

 


for needy families, $93,826,400.00.

 

       (C) (e) Contributions to children of veterans tuition grant program,

 

$200,000.00

 

$100,000.00.

 

       (D) (f) State general fund/general purpose money, $1,000,000.00 $1,100,000.00.

 

       Sec. 236a. It is the intent of the legislature to provide appropriations for the

 

fiscal year ending on September 30, 2013 for the items listed in section 236. The

 

fiscal year 2012-2013 appropriations are anticipated to be the same as those for

 

fiscal year 2011-2012, except that the amounts will be adjusted for changes in

 

caseload and related costs, federal fund match rates, economic factors, and available

 

revenue. These adjustments will be determined after the January 2012 consensus revenue

 

estimating conference. (1) Subject to the conditions set forth in this article, the

 

amounts listed in THIS SECTION are ANTICIPATED TO BE appropriated for higher education

 

for the fiscal year ending September 30, 2014, from the funds indicated in this

 

section. The following is a summary of the appropriations in THIS SECTION:

 

       (a) The gross appropriation is $1,402,689,300.00. After deducting total

 

interdepartmental grants and intradepartmental transfers in the amount of $0.00, the

 

adjusted gross appropriation is $1,402,689,300.00.

 

       (b) The sources of the adjusted gross appropriation described in subdivision (a)

 

are as follows:

 

       (i) Total federal revenues, $97,026,400.00.

 

       (ii) Total local revenues, $0.00.

 

       (iii) Total private revenues, $0.00.

 

       (iv) Total other state restricted revenues, $200,565,700.00.

 

       (v) State general fund/general purpose money, $1,105,097,200.00.

 

       (2) Amounts ANTICIPATED TO BE appropriated for public universities are as

 

follows:

 


       (a) The appropriation for Central Michigan University is $68,108,900.00,

 

appropriated from the following:

 

       (i) State school aid fund, $11,284,600.00.

 

       (ii) State general fund/general purpose money, $56,824,300.00.

 

       (b) The appropriation for Eastern Michigan University is $64,619,100.00,

 

appropriated from the following:

 

       (i) State school aid fund, $10,706,400.00.

 

       (ii) State general fund/general purpose money, $53,912,700.00.

 

       (c) The appropriation for Ferris State University is $41,324,300.00,

 

appropriated from the following:

 

       (i) State school aid fund, $6,846,800.00.

 

       (ii) State general fund/general purpose money, $34,477,500.00.

 

       (d) The appropriation for Grand Valley State University is $52,677,400.00,

 

appropriated from the following:

 

       (i) State school aid fund, $8,727,800.00.

 

       (ii) State general fund/general purpose money, $43,949,600.00.

 

       (e) The appropriation for Lake Superior State University is $10,789,500.00,

 

appropriated from the following:

 

       (i) State school aid fund, $1,787,600.00.

 

       (ii) State general fund/general purpose money, $9,001,900.00.

 

       (f) The appropriation for Michigan State University is $298,794,300.00,

 

ALLOCATED AS FOLLOWS: $241,120,800.00 for operations; $5,047,700.00 for THE FACILITY

 

FOR RARE ISOTOPE BEAMS; and $52,625,800.00 for agricultural experiment and cooperative

 

extension activities, appropriated from the following:

 

       (i) State school aid fund, $39,949,900.00.

 

       (ii) State general fund/general purpose money, $258,844,400.00.

 

       (g) The appropriation for Michigan Technological University is $40,733,600.00,

 


appropriated from the following:

 

       (i) State school aid fund, $6,748,900.00.

 

       (ii) State general fund/general purpose money, $33,984,700.00.

 

       (h) The appropriation for Northern Michigan University is $38,367,400.00,

 

appropriated from the following:

 

       (i) State school aid fund, $6,356,900.00.

 

       (ii) State general fund/general purpose money, $32,010,500.00.

 

       (i) The appropriation for Oakland University is $43,145,000.00, appropriated

 

from the following:

 

       (i) State school aid fund, $7,148,400.00.

 

       (ii) State general fund/general purpose money, $35,996,600.00.

 

       (j) The appropriation for Saginaw Valley State University is $23,561,500.00,

 

appropriated from the following:

 

       (i) State school aid fund, $3,903,800.00.

 

       (ii) State general fund/general purpose money, $19,657,700.00.

 

       (k) The appropriation for University of Michigan - Ann Arbor is $268,803,300.00,

 

appropriated from the following:

 

       (i) State school aid fund, $44,536,300.00.

 

       (ii) State general fund/general purpose money, $224,267,000.00.

 

       (l) The appropriation for University of Michigan - Dearborn is $21,016,300.00,

 

appropriated from the following:

 

       (i) State school aid fund, $3,482,100.00.

 

       (ii) State general fund/general purpose money, $17,534,200.00.

 

       (m) The appropriation for University of Michigan - Flint is $17,762,400.00,

 

appropriated from the following:

 

       (i) State school aid fund, $2,942,900.00.

 

       (ii) State general fund/general purpose money, $14,819,500.00.

 


       (n) The appropriation for Wayne State University is $182,036,900.00,

 

appropriated from the following:

 

       (i) State school aid fund, $30,160,600.00.

 

       (ii) State general fund/general purpose money, $151,876,300.00.

 

       (o) The appropriation for Western Michigan University is $93,168,300.00,

 

appropriated from the following:

 

       (i) State school aid fund, $15,436,500.00.

 

       (ii) State general fund/general purpose money, $77,731,800.00.

 

       (3) THE AMOUNT APPROPRIATED FOR PERFORMANCE BASED FUNDING IS $36,217,000.00,

 

APPROPRIATED FROM GENERAL FUND/GENERAL PURPOSE MONEY, PURSUANT TO SECTIONS 265 AND

 

265A.

 

       (4) there is ANTICIPATED TO BE APPROPRIATED for fiscal year 2013-2014 an amount

 

not to exceed $446,200.00 for payments to PUBLIC UNIVERSITIES, FROM THE STATE SCHOOL

 

AID FUND. A PUBLIC UNIVERSITY that receives money under this SUBDIVISION shall use

 

that money solely for the purpose of offsetting a portion of the retirement

 

contributions owed by the UNIVERSITY for the fiscal year ending September 30, 2014.

 

The amount allocated to each participating PUBLIC UNIVERSITY under this SUBDIVISION

 

shall be based on each participating PUBLIC UNIVERSITY’S TOTAL retiree health care

 

premiums paid for Michigan public school employees' retirement system retirants IN

 

PROPORTION TO THE TOTAL retiree health care premiums paid for Michigan public school

 

employees' retirement system retirants for ALL PARTICIPATING PUBLIC UNIVERSITIES for

 

the immediately preceding state fiscal year. PAYMENTS SHALL BE MADE IN A FORM AND

 

MANNER DETERMINED BY THE OFFICE OF RETIREMENT services. As used in this section,

 

"participating PUBLIC UNIVERSITY" means a PUBLIC UNIVERSITY that is a reporting unit

 

of THE Michigan public school employees' retirement system under the public school

 

employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, and that pays

 

retiree health care premiums to THE Michigan public school employees' retirement

 


system for THE STATE FISCAL YEAR.

 

       (5) The amount ANTICIPATED TO BE appropriated for state and regional programs is

 

$200,000.00, appropriated from general fund/general purpose money and allocated as

 

follows:

 

       (a) Higher education database modernization and conversion, $105,000.00.

 

       (b) Midwestern higher education compact, $95,000.00.

 

       (6) The amount ANTICIPATED TO BE appropriated for the Martin Luther King, Jr. -

 

Cesar Chavez - Rosa Parks program is $2,691,500.00, appropriated from general

 

fund/general purpose money and allocated as follows:

 

       (a) Select student support services, $1,956,100.00.

 

       (b) Michigan college/university partnership program, $586,800.00.

 

       (c) Morris Hood, Jr. educator development program, $148,600.00.

 

       (7) Subject to subsection (8), the amount ANTICIPATED TO BE appropriated for

 

grants and financial aid is $98,226,400.00, allocated as follows:

 

       (a) State competitive scholarships, $20,361,700.00.

 

       (b) Tuition grants, $30,664,700.00.

 

       (c) Tuition incentive program, $42,800,000.00.

 

       (D) Children of veterans and officer’s survivor tuition grant programs,

 

$1,200,000.00.

 

       (e) Project GEAR-UP, $3,200,000.00.

 

       (8) The money ANTICIPATED TO BE appropriated in subsection (7) for grants and

 

financial aid is appropriated from the following:

 

       (A) Federal revenues under the United States department of education, office of

 

elementary and secondary education, GEAR-UP program, $3,200,000.00.

 

       (B) Federal revenues under the social security act, temporary assistance for

 

needy families, $93,826,400.00.

 

       (C) Contributions to children of veterans tuition grant program, $100,000.00.

 


       (D) State general fund/general purpose money, $1,100,000.00.

 

       Sec. 236b. In addition to the funds appropriated in section 236, there is

 

appropriated for grants and financial aid in fiscal year 2012-2013 an amount not to

 

exceed $6,000,000.00 for federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item in this act under

 

section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

 

       SEC. 237B. AS USED IN ARTICLE III OF THIS ACT, THE TERM "WORKFORCE DEVELOPMENT

 

AGENCY" SHALL REFER TO THE WORKFORCE DEVELOPMENT AGENCY OF THE MICHIGAN STRATEGIC

 

FUND.

 

       Sec. 241. (1) The funds appropriated in section 236 to public universities shall

 

be paid out of the state treasury and distributed by the state treasurer to the

 

respective institutions in 11 equal monthly installments on the sixteenth of each

 

month, or the next succeeding business day, beginning with October 16, 2011 2012.

 

Except for Wayne State University, each institution shall accrue its July and August

 

2012 2013 payments to its institutional fiscal year ending June 30, 2012. 2013.

 

       (2) All public universities shall submit higher education institutional data

 

inventory (HEIDI) data and associated financial and program information requested by

 

and in a manner prescribed by the state budget director. For public universities with

 

fiscal years ending June 30, 2011 2012, these data shall be submitted to the state

 

budget director by October 15, 2011 2012. Public universities with a fiscal year

 

ending September 30, 2011 2012 shall submit preliminary HEIDI data by November 15,

 

2011 2012 and final data by December 15, 2011 2012. If a public university fails to

 

submit HEIDI data and associated financial aid program information in accordance with

 

this reporting schedule, the state treasurer shall MAY withhold the monthly

 

installments under subsection (1) to the public university until those data are

 

submitted.

 

       Sec. 242. Funds received by the state from the federal government or private

 


sources for the use of a college or university are appropriated for the purposes for

 

which they are provided. The acceptance and use of federal or private funds do not

 

place an obligation upon the legislature to continue the purposes for which the funds

 

are made available.

 

       Sec. 244. A public university receiving funds in section 236 shall cooperate

 

with all measures taken by the state to establish a statewide DEVELOP, OPERATE, AND

 

MAINTAIN A P-20 education longitudinal data system to comply with the state fiscal

 

stabilization fund provisions of the American recovery and reinvestment act of 2009,

 

Public Law 111-5. IF A UNIVERSITY IS FOUND TO BE IN NONCOMPLIANCE OF THIS SECTION BY

 

THE STATE BUDGET DIRECTOR, THE STATE BUDGET DIRECTOR IS AUTHORIZED TO WITHHOLD THE

 

MONTHLY INSTALLMENTS PROVIDED TO THAT UNIVERSITY UNDER SECTION 236 UNTIL THAT

 

UNIVERSITY IS FOUND TO BE IN COMPLIANCE WITH THIS SECTION.

 

       Sec. 245. From the funds appropriated in section 236, each public university

 

shall develop, post, and maintain, on a user-friendly and publicly accessible Internet

 

site, a comprehensive report categorizing all institutional general fund expenditures

 

made by the university within a fiscal year. The report shall include institutional

 

general fund expenditure amounts categorized both by each academic unit,

 

administrative unit, or external initiative within the university and by major

 

expenditure category, including faculty and staff salaries and fringe benefits,

 

facility-related costs, supplies and equipment, contracts, and transfers to and from

 

other university funds. The report shall also include a list of all employee positions

 

funded partially or wholly through institutional general fund revenue that includes

 

the position title, name, and annual salary or wage amount for each position. The

 

university shall not provide financial information on its website under this section

 

if doing so would violate a federal or state law, rule, regulation, or guideline that

 

establishes privacy or security standards applicable to that financial information.

 

       Sec. 251. (1) Payments of the amounts included in section 236 for the state

 


competitive scholarship program shall be distributed pursuant to 1964 PA 208, MCL

 

390.971 to 390.981.

 

       (2) Pursuant to section 6 of 1964 PA 208, MCL 390.976, the department of

 

treasury shall determine an actual maximum state competitive scholarship award per

 

student, which shall be no less than $600.00 $575.00, that ensures that the aggregate

 

payments for the state competitive scholarship program do not exceed the appropriation

 

contained in section 236 for the state competitive scholarship program. If the

 

department determines that insufficient funds are available to establish a maximum

 

award amount equal to at least $600.00 $575.00, the department shall immediately

 

report to the house and senate appropriations subcommittees on higher education, the

 

house and senate fiscal agencies, and the state budget director regarding the

 

estimated amount of additional funds necessary to establish a $600.00 $575.00 maximum

 

award amount.

 

       (3) The department of treasury shall implement a proportional competitive

 

scholarship maximum award level for recipients enrolled less than full-time in a given

 

semester or term.

 

       (4) If a student who receives an award under this section has his or her tuition

 

and fees paid under the Michigan educational trust program, pursuant to the Michigan

 

education trust act, 1986 PA 316, MCL 390.1421 to 390.1442, and still has financial

 

need, the funds awarded under this section may be used for educational expenses other

 

than tuition and fees.

 

       (5) If the department of treasury increases the maximum award per eligible

 

student from that provided in the previous fiscal year, it shall not have the effect

 

of reducing the number of eligible students receiving awards in relation to the total

 

number of eligible applicants. Any increase in the maximum grant shall be proportional

 

for all eligible students receiving awards.

 

       (6) Veterans administration benefits shall not be considered in determining

 


eligibility for the award of scholarships under 1964 PA 208, MCL 390.971 to 390.981.

 

       Sec. 252. (1) The amounts appropriated in section 236 for the state tuition

 

grant program shall be distributed pursuant to 1966 PA 313, MCL 390.991 to 390.997a.

 

       (2) SUBJECT TO SUBSECTION (7), Tuition TUITION grant awards shall be made to all

 

eligible Michigan residents enrolled in undergraduate degree programs who apply before

 

July 1, 2011 WHOSE APPLICATIONS ARE RECEIVED BEFORE JULY 1, 2012 FOR THE 2012-2013

 

FISCAL YEAR AND BY MARCH 1 OF EACH YEAR FOR ALL SUBSEQUENT FISCAL YEARS and who are

 

qualified.

 

       (3) Pursuant to section 5 of 1966 PA 313, MCL 390.995, and subject to subsection

 

(7) (6), the department of treasury shall determine an actual maximum tuition grant

 

award per student, which shall be no less than $1,512.00, that ensures that the

 

aggregate payments for the tuition grant program do not exceed the appropriation

 

contained in section 236 for the state tuition grant program. If the department

 

determines that insufficient funds are available to establish a maximum award amount

 

equal to at least $1,512.00, the department shall immediately report to the house and

 

senate appropriations subcommittees on higher education, the house and senate fiscal

 

agencies, and the state budget director regarding the estimated amount of additional

 

funds necessary to establish a $1,512.00 maximum award amount. By December 15, 2011,

 

2012, and again by February 1, 2012, 18, 2013, the department shall analyze the status

 

of award commitments, shall make any necessary adjustments, and shall confirm that

 

those award commitments will not exceed the appropriation contained in section 236 for

 

the tuition grant program. The determination and actions shall be reported to the

 

state budget director and the house and senate fiscal agencies no later than THE FINAL

 

DAY OF February 15, 2012. OF EACH YEAR. If award adjustments are necessary, the

 

students shall be notified of the adjustment by the third Monday in February. MARCH 4

 

OF EACH YEAR.

 

       (4) Any unexpended and unencumbered funds remaining on September 30, 2012 from

 


the amounts appropriated in section 236 for the tuition grant program shall not lapse

 

on September 30, 2012, but shall continue to be available for expenditure for tuition

 

grants provided in the 2012-2013 fiscal year under a work project account. The use of

 

these unexpended fiscal year 2011-2012 funds shall terminate at the end of the 2012-

 

2013 fiscal year.

 

       (4) (5) The department of treasury shall continue a proportional tuition grant

 

maximum award level for recipients enrolled less than full-time in a given semester or

 

term.

 

       (5) (6) If the department of treasury increases the maximum award per eligible

 

student from that provided in the previous fiscal year, it shall not have the effect

 

of reducing the number of eligible students receiving awards in relation to the total

 

number of eligible applicants. Any increase in the maximum grant shall be proportional

 

for all eligible students receiving awards for fiscal year 2011-2012 2012-2013.

 

       (6) (7) The department of treasury shall not award more than $3,000,000.00 in

 

tuition grants to eligible students enrolled in the same independent nonprofit college

 

or university in this state. Any decrease in the maximum grant shall be proportional

 

for all eligible students enrolled in that college or university, as determined by the

 

department.

 

       (7) THE DEPARTMENT OF TREASURY SHALL NOT AWARD TUITION GRANTS TO ELIGIBLE

 

STUDENTS ENROLLED IN an independent college or university that does not MEET THE

 

FOLLOWING REQUIREMENTS IN A MANNER SATISFACTORY TO THE DEPARTMENT OF TREASURY:

 

       (A) THE INDEPENDENT COLLEGE OR UNIVERSITY must submit AS DIRECTED BY THE

 

DEPARTMENT OF TREASURY by June 30 of each year the annual P-20 longitudinal data

 

system data sets to the center for educational performance and information, AS

 

VERIFIED BY THE CENTER.

 

       (B) THE INDEPENDENT COLLEGE OR UNIVERSITY must report in a form and manner as

 

directed by the department of treasury by August 31 OF EACH YEAR the following:

 


       (i) The number of students in the most recently completed academic year that

 

received state tuition grants and successfully completed a program or graduated.

 

       (II) the number of students in the most recently completed academic year that

 

received state tuition GRANTS and took remedial education classes.

 

       (III) the number of students in the most recently completed academic year that

 

received Pell GrantS and successfully completed a program or graduated.

 

       Sec. 254. The sums appropriated in section 236 for the state competitive

 

scholarship, tuition incentive, AND tuition grant, and Robert C. Byrd honors

 

scholarship programs shall be paid out of the state treasury and shall be distributed

 

to the respective institutions under a quarterly payment system as follows: 50% shall

 

be paid at the beginning of the state’s first fiscal quarter, and 50% at the beginning

 

of the state’s second fiscal quarter. 30% during the state’s second fiscal quarter,

 

10% during the state’s third fiscal quarter, and 10% during the state’s fourth fiscal

 

quarter.

 

       Sec. 256. (1) The funds appropriated in section 236 for the tuition incentive

 

program shall be distributed as provided in this section and pursuant to the

 

administrative procedures for the tuition incentive program of the department of

 

treasury.

 

       (2) As used in this section:

 

       (a)"Phase I" means the first part of the tuition incentive assistance program

 

defined as the academic period of 80 semester or 120 term credits, or less, leading to

 

an associate degree or certificate.

 

       (b) "Phase II" means the second part of the tuition incentive assistance program

 

which provides assistance in the third and fourth year of 4-year degree programs.

 

       (c) "Department" means the department of treasury.

 

       (3) A person shall meet the following basic criteria and financial thresholds to

 

be eligible for tuition incentive benefits:

 


       (a) To be eligible for phase I, a person shall meet all of the following

 

criteria:

 

       (i) Apply for certification to the department before graduating from high school

 

or completing the general education development (GED) certificate.

 

       (ii) Be less than 20 years of age at the time of high school graduation WITH

 

DIPLOMA OR CERTIFICATE OF COMPLETION or GED completion.

 

       (iii) Be a United States citizen and a resident of Michigan according to

 

institutional criteria.

 

       (iv) Be at least a half-time student, earning less than 80 semester or 120 term

 

credits at a participating educational institution within 4 years of high school

 

graduation or GED certificate completion.

 

       (v) Request information on filing a FAFSA.

 

       (b) To be eligible for phase II, a person shall meet either of the following

 

criteria in addition to the criteria in subdivision (a):

 

       (i) Complete at least 56 transferable semester or 84 transferable term credits.

 

       (ii) Obtain an associate degree or certificate at a participating institution.

 

       (c) To be eligible for phase I or phase II, a person must not be incarcerated

 

and must be financially eligible as determined by the department. A person is

 

financially eligible for the tuition incentive program if that person was Medicaid

 

eligible FOR MEDICAID FROM THE STATE OF MICHIGAN for 24 months within the 36 months

 

before application. The department shall accept certification of Medicaid ELIGIBILITY

 

only from the Michigan Department of Human Services for the purposes of verifying if a

 

person is Medicaid eligible for 24 months within the 36 months before application.

 

Certification of eligibility may begin in the sixth grade.

 

       (4) For phase I, the department shall provide payment on behalf of a person

 

eligible under subsection (3). The department shall reject billings that are excessive

 

or outside the guidelines for the type of educational institution.

 


       (5) For phase I, all of the following apply:

 

       (a) Payments for associate degree or certificate programs shall not be made for

 

more than 80 semester or 120 term credits for any individual student at any

 

participating institution.

 

       (b) For persons enrolled at a Michigan community college, the department shall

 

pay the current in-district tuition and mandatory fees. For persons residing in an

 

area that is not included in any community college district, the out-of-district

 

tuition rate may be authorized.

 

       (c) For persons enrolled at a Michigan public university, the department shall

 

pay lower division resident tuition and mandatory fees for the current year.

 

       (d) For persons enrolled at a Michigan independent, nonprofit degree-granting

 

college or university, or a Michigan federal tribally controlled community college, or

 

Focus: HOPE, the department shall pay mandatory fees for the current year and a per-

 

credit payment that does not exceed the average community college in-district per-

 

credit tuition rate as reported on August 1, for the immediately preceding academic

 

year.

 

       (6) A person participating in phase II may be eligible for additional funds not

 

to exceed $500.00 per semester or $400.00 per term up to a maximum of $2,000.00

 

subject to the following conditions:

 

       (a) Credits are earned in a 4-year program at a Michigan degree-granting 4-year

 

college or university.

 

       (b) The tuition reimbursement is for coursework completed within 30 months of

 

completion of the phase I requirements.

 

       (7) The department shall work closely with participating institutions to develop

 

an application and eligibility determination process that will provide the highest

 

level of participation and ensure that all requirements of the program are met.

 

       (8) Applications for the tuition incentive program may be approved at any time

 


after the student begins the sixth grade. If a determination of financial eligibility

 

is made, that determination is valid as long as the student meets all other program

 

requirements and conditions.

 

       (9) Each institution shall ensure that all known available restricted grants for

 

tuition and fees are used prior to billing the tuition incentive program for any

 

portion of a student’s tuition and fees.

 

       (10) The department shall ensure that the tuition incentive program is well

 

publicized and that eligible Medicaid clients are provided information on the program.

 

The department shall provide the necessary funding and staff to fully operate the

 

program.

 

       Sec. 258. By February 15 of each year, the department of treasury shall submit

 

POST a report to the state budget director, the house and senate appropriations

 

subcommittees on higher education, and the house and senate fiscal agencies TO ITS

 

PUBLICLY ACCESSIBLE WEBSITE for the preceding fiscal year on all student financial aid

 

programs for which funds are appropriated in section 236. For each student financial

 

aid program, the report shall include, but is not limited to, the total number of

 

awards paid in the preceding fiscal year, the total dollar amount of those awards, and

 

the number of students receiving awards and the total amount of those awards at each

 

eligible postsecondary institution. To the extent information is available, the report

 

shall also include information on the average exam performance, household income, and

 

other demographic characteristics of students receiving awards under each program and

 

historical information on the number of awards and total award amounts for each

 

program.

 

       Sec. 263. (1) Included in the appropriation in section 236 for agricultural

 

experiment and cooperative extension activities is $5,628,100.00 for project GREEEN.

 

Project GREEEN is intended to address critical regulatory, food safety, economic, and

 

environmental problems faced by this state’s plant-based agriculture, forestry, and

 


processing industries. "GREEEN" is an acronym for generating research and extension to

 

meet environmental and economic needs.

 

       (2) The department of agriculture and rural development and Michigan State

 

University, in consultation with agricultural commodity groups and other interested

 

parties, shall develop project GREEEN and its program priorities.

 

       (3) By September 30, 2012 2013, Michigan State University shall submit a report

 

to the house and senate appropriations subcommittees on agriculture and on higher

 

education, the house and senate standing committees on agriculture, the house and

 

senate fiscal agencies, and the state budget director for the preceding school fiscal

 

year regarding expenditures and programmatic outcomes of the agricultural experiment

 

station and cooperative extension service. The report shall include, but is not

 

limited to:

 

       (a) Total funds expended by the agricultural experiment station and cooperative

 

extension service identified by state, local, private, federal, and university fund

 

sources.

 

       (b) The dollar amount of each project GREEEN project and a review of each

 

project’s performance and accomplishments.

 

       (c) The dollar amount of each bioeconomy research and development project and a

 

review of each project’s performance and accomplishments.

 

       (d) The dollar amount and description of all other individual programs and

 

services provided by the agricultural experiment station and cooperative extension

 

service and a review of each project’s performance and accomplishments.

 

       (e) The number of businesses created or that had increased employment and the

 

number of patents generated as a result of work conducted by the agricultural

 

experiment station and cooperative extension service.

 

       Sec. 265. (1) The amounts PAYMENTS FROM THE AMOUNT appropriated in section 236

 

for public university tuition restraint incentives shall only be paid MADE to a public

 


university that certifies to the state budget director by August 31, 2011 2012 that

 

its board did not adopt an increase in tuition and fee rates for resident

 

undergraduate students after February 1, 2011 2012 for the 2010-2011 2011-2012

 

academic year and that its board will not adopt an increase in tuition and fee rates

 

for resident undergraduate students for the 2011-2012 2012-2013 academic year that is

 

greater than the calculated average of annual statewide changes in tuition and fee

 

rates for academic years 2006-2007 through 2010-2011, as determined by the state

 

budget director 4.0%. As used in this subsection:

 

       (a) "Fee" means any board-authorized fee that will be paid by more than 1/2 of

 

all resident undergraduate students at least once during their enrollment at a public

 

university. A university increasing a fee that applies to a specific subset of

 

students or courses shall provide sufficient information to prove that the increase

 

applied to that subset will not cause the increase in the average amount of board-

 

authorized total tuition and fees paid by resident undergraduate students in the 2011-

 

2012 2012-2013 academic year to exceed the limit established in this subsection.

 

       (b) "Tuition and fee rate" means the average of FULL-TIME rates for all

 

undergraduate classes, based on the highest board-authorized rate for any semester

 

during the academic year. AN AVERAGE OF THE RATES AUTHORIZED BY THE UNIVERSITY BOARD

 

AND ACTUALLY CHARGED TO STUDENTS, NET OF ANY UNIFORMLY-REBATED OR REFUNDED AMOUNTS,

 

FOR THE TWO SEMESTERS WITH THE HIGHEST LEVELS OF FULL-TIME EQUATED RESIDENT

 

UNDERGRADUATE ENROLLMENT DURING THE ACADEMIC YEAR.

 

       (2) EACH UNIVERSITY’S ALLOCATION FOR TUITION RESTRAINT INCENTIVE SHALL BE

 

CALCULATED AS FOLLOWS:

 

       (A) CALCULATE AN ADJUSTMENT FOR EACH UNIVERSITY BY SUBTRACTING EACH UNIVERSITY’S

 

REPORTED PERCENT CHANGE IN TUITION AND FEE RATES FOR ACADEMIC YEAR 2012-2013 FROM

 

4.1%. IF THE RESULT OF THE CALCULATION IN THIS SUBDIVISION IS LESS THAN 0.1%, THE

 

UNIVERSITY IS NOT QUALIFIED TO RECEIVE AN ALLOCATION UNDER THIS SECTION. ALL

 


CALCULATIONS UNDER THIS SUBDIVISION SHALL BE ROUNDED TO THE FIRST DECIMAL PLACE.

 

       (B) FOR EACH QUALIFIED UNIVERSITY, DIVIDE THE UNIVERSITY’S ADJUSTMENT AS

 

CALCULATED UNDER SUBDIVISION (A) BY THE SUM OF ALL ADJUSTMENTS FOR QUALIFYING

 

UNIVERSITIES UNDER SUBDIVISION (A) AND THEN MULTIPLY THE RESULTING CALCULATION FOR

 

EACH UNIVERSITY BY THE TOTAL AMOUNT AVAILABLE FOR TUITION RESTRAINT INCENTIVE FUNDING,

 

ROUNDED TO THE NEAREST HUNDRED DOLLARS.

 

       (3) (2) The state budget director shall implement uniform reporting requirements

 

to ensure that a public university receiving an appropriation under section 236 has

 

satisfied the tuition restraint requirements of this section. The state budget

 

director shall have the sole authority to determine if a public university has met the

 

requirements of this section. Information reported by a public university to the state

 

budget director under this subsection shall also be reported to the house and senate

 

appropriations subcommittees on higher education and the house and senate fiscal

 

agencies.

 

       (3) In conjunction with the uniform reporting requirements established under

 

subsection (2), each public university shall also report the following information to

 

the house and senate appropriations subcommittees on higher education, the house and

 

senate fiscal agencies, and the state budget director by August 31, 2011:

 

       (a) Actual fiscal year 2010-2011 and budgeted fiscal year 2011-2012 total

 

general fund tuition and fee revenue.

 

       (b) Actual fiscal year 2010-2011 and budgeted fiscal year 2011-2012 total

 

general fund revenue.

 

       (c) Actual fiscal year 2010-2011 and budgeted fiscal year 2011-2012 general fund

 

expenditures for student financial aid.

 

       (d) Actual fiscal year 2010-2011 and budgeted fiscal year 2011-2012 total

 

general fund expenditures.

 

       (e) Actual fiscal year 2010-2011 and budgeted fiscal year 2011-2012 total fiscal

 


year equated student enrollment.

 

       SEC. 265A. (1) A PUBLIC UNIVERSITY IS ELIGIBLE FOR THE FUNDS APPROPRIATED IN

 

SECTION 236 AND ANTICIPATED TO BE APPROPRIATED IN SECTION 236A FOR PERFORMANCE FUNDING

 

ONLY IF THE PUBLIC UNIVERSITY CERTIFIES TO THE STATE BUDGET DIRECTOR BY AUGUST 31,

 

2012 THAT THE UNIVERSITY PARTICIPATES IN THE MICHIGAN TRANSFER NETWORK AS PART OF THE

 

MICHIGAN ASSOCIATION OF COLLEGIATE REGISTRARS AND ADMISSIONS OFFICERS TRANSFER

 

AGREEMENT. IF A PUBLIC UNIVERSITY DOES NOT PARTICIPATE IN THE MICHIGAN TRANSFER

 

NETWORK, THE FUNDS APPROPRIATED IN SECTION 236 FROM PERFORMANCE FUNDING FOR THAT

 

UNIVERSITY SHALL LAPSE TO THE GENERAL FUND.

 

       (2) THE AMOUNTS ALLOCATED TO EACH PUBLIC UNIVERSITY FOR PERFORMANCE FUNDING IN

 

SECTION 236 ARE DERIVED FROM THE SUM OF THE FOLLOWING CALCULATIONS:

 

       (A) THE CALCULATION FOR EACH UNIVERSITY’S ADJUSTMENT UNDER THIS SUBDIVISION IS

 

AS FOLLOWS:

 

       (I) THE DIFFERENCE IN THE NUMBER OF UNDERGRADUATE DEGREE COMPLETIONS BETWEEN

 

ACADEMIC YEAR 2007-2008 AND ACADEMIC YEAR 2010-2011 WAS CALCULATED, AND DIVIDED BY 3.

 

IF THIS CALCULATION RESULTS IN A NEGATIVE ADJUSTMENT, THERE IS NO PAYMENT FOR A PUBLIC

 

UNIVERSITY UNDER THIS SUBDIVISION.

 

       (II) A PER DEGREE ADJUSTMENT WAS CALCULATED BY DIVIDING THE TOTAL AMOUNT

 

AVAILABLE FOR PERFORMANCE FUNDING UNDER THIS SUBDIVISION BY THE SUM OF ALL AVERAGE

 

DIFFERENCES CALCULATED IN SUBDIVISION (A)(I), OMITTING ANY NEGATIVE VALUES.

 

       (III) EACH UNIVERSITY WITH A POSITIVE AVERAGE DIFFERENCE CALCULATED UNDER

 

SUBDIVISION (A)(I) RECEIVES AN ALLOCATION EQUAL TO THAT UNIVERSITY’S AVERAGE

 

DIFFERENCE CALCULATED UNDER SUBDIVISION (A)(I) MULTIPLIED BY THE PER DEGREE ADJUSTMENT

 

CALCULATED UNDER SUBDIVISION (A)(II).

 

       (B) THE CALCULATION FOR EACH UNIVERSITY’S ADJUSTMENT UNDER THIS SUBDIVISION IS

 

AS FOLLOWS:

 

       (I) THE SUM OF THE NUMBER OF UNDERGRADUATE DEGREE COMPLETIONS IN CRITICAL SKILLS

 


AREAS, WITH THE NUMBER OF ASSOCIATE DEGREES MULTIPLIED BY 0.5, FOR ACADEMIC YEARS

 

2008-2009, 2009-2010, AND 2010-2011 WAS CALCULATED, AND DIVIDED BY 3.

 

       (II) A PER DEGREE ADJUSTMENT WAS CALCULATED BY DIVIDING THE TOTAL AMOUNT

 

AVAILABLE FOR PERFORMANCE FUNDING UNDER THIS SUBDIVISION BY THE SUM OF ALL COMPLETIONS

 

CALCULATED IN SUBDIVISION (B)(I).

 

       (III) EACH UNIVERSITY’S NUMBER OF AVERAGE COMPLETIONS CALCULATED IN SUBDIVISION

 

(B)(I) WAS MULTIPLIED BY THE PER DEGREE ADJUSTMENT CALCULATED IN SUBDIVISION (B)(II).

 

       (C) THE CALCULATION FOR EACH UNIVERSITY’S ADJUSTMENT UNDER THIS SUBDIVISION IS

 

AS FOLLOWS:

 

       (I) THE SUM OF THE NUMBER OF UNDERGRADUATE STUDENTS RECEIVING PELL GRANTS IN

 

ACADEMIC YEARS 2007-2008, 2008-2009 AND 2009-2010 WAS CALCULATED, AND DIVIDED BY 3.

 

       (II) A PER STUDENT ADJUSTMENT WAS CALCULATED BY DIVIDING THE TOTAL AMOUNT

 

AVAILABLE FOR PERFORMANCE FUNDING UNDER THIS SUBDIVISION BY THE SUM OF ALL AVERAGED

 

STUDENTS CALCULATED IN SUBDIVISION (C)(I).

 

       (III) EACH UNIVERSITY’S NUMBER OF AVERAGE STUDENTS CALCULATED IN SUBDIVISION

 

(C)(I) WAS MULTIPLIED BY THE PER STUDENT ADJUSTMENT CALCULATED IN SUBDIVISION (C)(II).

 

       (3) THE SOURCES OF DATA USED IN THIS SECTION ARE THE UNITED STATES DEPARTMENT OF

 

EDUCATION INTEGRATED POSTSECONDARY EDUCATION DATA SYSTEM AND THE STATE OF MICHIGAN

 

HIGHER EDUCATION INSTITUTIONAL DATA INVENTORY. FOR THE PURPOSES OF SUBSECTION 2(B),

 

CRITICAL SKILLS AREAS ARE DEFINED AS THOSE DEGREES REPORTED BY EACH UNIVERSITY IN THE

 

UNITED STATES DEPARTMENT OF EDUCATION 2010 CLASSIFICATION OF INSTRUCTIONAL PROGRAM

 

CODES 01, 03, 04, 10, 11, 14, 15, 26, 27, 29, 40, 41, 46, 47, 48, 49 AND 51. BEGINNING

 

WITH FISCAL YEAR 2013-2014, DATA FROM THE CENTER FOR EDUCATIONAL PERFORMANCE AND

 

INFORMATION P-20 LONGITUDINAL DATA SYSTEM WILL BE USED WHERE APPLICABLE.

 

       (4) BEGINNING IN FISCAL YEAR 2012-2013, UNIVERSITIES SHALL REPORT TO THE CENTER

 

FOR EDUCATIONAL PERFORMANCE AND INFORMATION THE TOTAL NUMBER OF STUDENTS RECEIVING

 

PELL GRANTS DURING THEIR ENROLLMENT AT THAT PUBLIC UNIVERSITY AND THE NUMBER OF THOSE

 


STUDENTS THAT GRADUATE FROM THAT UNIVERSITY. BEGINNING IN FISCAL YEAR 2013-2014, THESE

 

DATA WILL BE USED IN THE CALCULATIONS OF HIGHER EDUCATION PERFORMANCE FUNDING IN PLACE

 

OF THE DATA USED IN SUBSECTION 2(C) OF THIS SECTION.

 

       Sec. 267. All public universities shall submit the amount of tuition and fees

 

actually charged to a full-time resident undergraduate student for academic year 2011-

 

2012 2012-2013 as part of their higher education institutional data inventory (HEIDI)

 

data by August 31, 2011 OF EACH YEAR. A public university shall report any revisions

 

for any semester of the reported academic year 2011-2012 2012-2013 tuition and fee

 

charges to HEIDI within 15 days of being adopted.

 

       Sec. 269. From FOR FISCAL YEAR 2012-2013, FROM the amount appropriated in

 

section 236 to Central Michigan University for operations, $29,700.00 shall be paid to

 

Saginaw Chippewa Tribal College for the costs of waiving tuition for North American

 

Indians under 1976 PA 174, MCL 390.1251 to 390.1253.

 

       Sec. 270. From FOR FISCAL YEAR 2012-2013, FROM the amount appropriated in

 

section 236 to Lake Superior State University for operations, $100,000.00 shall be

 

paid to Bay Mills Community College for the costs of waiving tuition for North

 

American Indians under 1976 PA 174, MCL 390.1251 to 390.1253.

 

       Sec. 275. (1) It is the intent of the legislature that each EACH public

 

university receiving an appropriation in section 236 IS ENCOURAGED TO do all of the

 

following:

 

       (a) Meet the provisions of section 5003 of the post-911 veterans educational

 

assistance act of 2008, title V of Public Law 110-252, 38 USC 3301 to 3324, including

 

voluntary participation in the yellow ribbon GI education enhancement program

 

established in that act in 38 USC 3317. By October 1 of each year, each public

 

university shall report to the house and senate appropriations subcommittees on higher

 

education, the house and senate fiscal agencies, and the presidents council, state

 

universities of Michigan on whether or not it has chosen to participate in the yellow

 


ribbon GI education enhancement program. If at any time during the fiscal year a

 

university participating in the yellow ribbon program chooses to leave the yellow

 

ribbon program, it shall notify the house and senate appropriations subcommittees on

 

higher education, the house and senate fiscal agencies, and the presidents council,

 

state universities of Michigan.

 

       (b) Establish an on-campus veterans’ liaison to provide information and

 

assistance to all student veterans.

 

       (c) Provide flexible enrollment application deadlines for all veterans.

 

       (d) Include in its admission application process a specific question as to

 

whether an applicant for admission is a veteran, an active member of the military, a

 

member of the national guard or military reserves, or the spouse or dependent of a

 

veteran, active member of the military, or member of the national guard or military

 

reserves, in order to more quickly identify potential educational assistance available

 

to that applicant.

 

       (2) As used in this section, "veteran" means an honorably discharged veteran

 

entitled to educational assistance under the provisions of section 5003 of the post-

 

911 veterans educational assistance act of 2008, title V of Public Law 110-252, 38 USC

 

3301 to 3324.

 

       Sec. 275a. Funds appropriated in section 236 shall not be used to pay for the

 

construction or maintenance of a self-liquidating project. A public university shall

 

comply with the current use and finance requirements of the joint capital outlay

 

subcommittee (JCOS) for any construction, renovation, or other capital outlay projects

 

pursuant to JCOS policy. The appropriation in section 236 for a public university that

 

fails to comply with JCOS reporting requirements shall be reduced by 1% for each

 

violation.

 

       Sec. 276. (1) Included in the appropriation FOR FISCAL YEAR 2012-2013 for each

 

public university in section 236 is funding for the Martin Luther King, Jr. - Cesar

 


Chavez - Rosa Parks future faculty program that is intended to increase the pool of

 

academically or economically disadvantaged candidates pursuing faculty teaching

 

careers in postsecondary education. Preference may not be given to applicants on the

 

basis of race, color, ethnicity, gender, or national origin. Institutions should

 

encourage applications from applicants who would otherwise not adequately be

 

represented in the graduate student and faculty populations. Each public university

 

shall apply the percentage change applicable to every public university in the

 

calculation of appropriations in section 236 to the amount of funds allocated to the

 

future faculty program.

 

       (2) The program shall be administered by each public university in a manner

 

prescribed by the workforce development agency. The workforce development agency shall

 

use a good faith effort standard to evaluate whether a fellowship is in default.

 

       Sec. 277. (1) Included in the appropriation FOR FISCAL YEAR 2012-2013 for each

 

public university in section 236 is funding for the Martin Luther King, Jr. - Cesar

 

Chavez - Rosa Parks college day program that is intended to introduce academically or

 

economically disadvantaged schoolchildren to the potential of a college education.

 

Preference may not be given to participants on the basis of race, color, ethnicity,

 

gender, or national origin. Public universities should encourage participation from

 

those who would otherwise not adequately be represented in the student population.

 

       (2) Individual program plans of each public university shall include a budget of

 

equal contributions from this program, the participating public university, the

 

participating school district, and the participating independent degree-granting

 

college. College day funds shall not be expended to cover indirect costs. Not more

 

than 20% of the university match shall be attributable to indirect costs. Each public

 

university shall apply the percentage change applicable to every public university in

 

the calculation of appropriations in section 236 to the amount of funds allocated to

 

the college day program.

 


       (3) The program described in this section shall be administered by each public

 

university in a manner prescribed by the workforce development agency.

 

       Sec. 278. (1) Included in section 236 FOR FISCAL YEAR 2012-2013 is funding for

 

the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks select student support

 

services program for developing academically or economically disadvantaged student

 

retention programs for 4-year public and independent educational institutions in this

 

state. Preference may not be given to participants on the basis of race, color,

 

ethnicity, gender, or national origin. Institutions should encourage participation

 

from those who would otherwise not adequately be represented in the student

 

population.

 

       (2) An award made under this program to any 1 institution shall not be greater

 

than $150,000.00, and the amount awarded shall be matched on a 70% state, 30% college

 

or university basis.

 

       (3) The program described in this section shall be administered by the workforce

 

development agency.

 

       Sec. 279. (1) Included in section 236 FOR FISCAL YEAR 2012-2013 is funding for

 

the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks college/university partnership

 

program between 4-year public and independent colleges and universities and public

 

community colleges, which is intended to increase the number of academically or

 

economically disadvantaged students who transfer from community colleges into

 

baccalaureate programs. Preference may not be given to participants on the basis of

 

race, color, ethnicity, gender, or national origin. Institutions should encourage

 

participation from those who would otherwise not adequately be represented in the

 

transfer student population.

 

       (2) The grants shall be made under the program described in this section to

 

Michigan public and independent colleges and universities. An award to any 1

 

institution shall not be greater than $150,000.00, and the amount awarded shall be

 


matched on a 70% state, 30% college or university basis.

 

       (3) The program described in this section shall be administered by the workforce

 

development agency.

 

       Sec. 280. (1) Included in the appropriation FOR FISCAL YEAR 2012-2013 for each

 

public university in section 236 is funding for the Martin Luther King, Jr. - Cesar

 

Chavez - Rosa Parks visiting professors program which is intended to increase the

 

number of instructors in the classroom to provide role models for academically or

 

economically disadvantaged students. Preference may not be given to participants on

 

the basis of race, color, ethnicity, gender, or national origin. Public universities

 

should encourage participation from those who would otherwise not adequately be

 

represented in the student population.

 

       (2) The program described in this section shall be administered by the workforce

 

development agency.

 

       Sec. 281. (1) Included in the appropriation FOR FISCAL YEAR 2012-2013 in section

 

236 is funding under the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks

 

initiative for the Morris Hood, Jr. educator development program which is intended to

 

increase the number of academically or economically disadvantaged students who enroll

 

in and complete K-12 teacher education programs at the baccalaureate level. Preference

 

may not be given to participants on the basis of race, color, ethnicity, gender, or

 

national origin. Institutions should encourage participation from those who would

 

otherwise not adequately be represented in the teacher education student population.

 

       (2) The program described in this section shall be administered by each state-

 

approved teacher education institution in a manner prescribed by the workforce

 

development agency.

 

       (3) Approved teacher education institutions may and are encouraged to use

 

student support services funding in coordination with the Morris Hood, Jr. funding to

 

achieve the goals of the program described in this section.

 


       Sec. 282. Each institution receiving funds under section 278, 279, or 281 shall

 

notify the workforce development agency by April 15, 2012 2013 as to whether it will

 

expend by the end of its fiscal year the funds received under section 278, 279, or

 

281. Notwithstanding the award limitations in sections 278 and 279, the amount of

 

funding reported as not being expended will be reallocated to the institutions that

 

intend to expend all funding received under section 278, 279, or 281.

 

       Sec. 283. (1) From the amount appropriated in section 236, the public

 

universities shall systematically inform Michigan high schools regarding the academic

 

status of students from each high school in a manner prescribed by the presidents

 

council, state universities of Michigan in cooperation with the Michigan association

 

of secondary school principals. PUBLIC UNIVERSITIES SHALL ALSO WORK WITH THE CENTER

 

FOR EDUCATIONAL PERFORMANCE AND INFORMATION TO DESIGN AND IMPLEMENT A SYSTEMATIC

 

APPROACH FOR ACCOMPLISHING THIS TASK.

 

       (2) The Michigan high schools shall systematically inform the public

 

universities about the use of information received under this section in a manner

 

prescribed by the Michigan association of secondary school principals in cooperation

 

with the presidents council, state universities of Michigan.

 

       Sec. 284. From the amount appropriated in section 236, the public universities

 

shall inform Michigan community colleges regarding the academic status of community

 

college transfer students in a manner prescribed by the presidents council, state

 

universities of Michigan in cooperation with the Michigan community college

 

association. PUBLIC UNIVERSITIES SHALL ALSO WORK WITH THE CENTER FOR EDUCATIONAL

 

PERFORMANCE AND INFORMATION TO DESIGN AND IMPLEMENT A SYSTEMATIC APPROACH FOR

 

ACCOMPLISHING THIS TASK.

 

       Sec. 286. It is the intent of the legislature that public PUBLIC universities

 

ARE ENCOURAGED TO work with community colleges in the state to implement statewide

 

reverse transfer agreements to increase the number of students that are awarded

 


credentials of value upon completion of the necessary credits. In doing so, the

 

institutions should work collaboratively and cooperatively to remove administrative

 

barriers that result in understating the academic attainment of Michigan’s citizens.

 

It is the intent of the legislature that by August 1, 2012, THESE statewide agreements

 

are in place between community colleges and public universities that SHALL enable

 

students who have earned a significant number of credits at a community college and

 

transfer to a baccalaureate granting institution before completing a degree to

 

transfer the credits earned at the baccalaureate institution back to the community

 

college in order to be awarded a credential of value.

 

       Sec. 289. (1) The auditor general shall review higher education institutional

 

data inventory (HEIDI) enrollment data submitted by all public universities and may

 

perform audits of selected public universities if determined necessary. The review and

 

audits shall be based upon the definitions, requirements, and uniform reporting

 

categories established by the state budget director in consultation with the HEIDI

 

advisory committee. The auditor general shall submit a report of findings to the house

 

and senate appropriations committees and the state budget director no later than July

 

1, 2012 OF EACH YEAR.

 

       (2) Student credit hours reports shall not include the following:

 

       (a) Student credit hours generated through instructional activity by faculty or

 

staff in classrooms located outside Michigan, with the exception of instructional

 

activity related to study-abroad programs or field programs.

 

       (b) Student credit hours generated through distance learning instruction for

 

students not eligible for the public university’s in-state main campus resident

 

tuition rate. However, in instances where a student is enrolled in distance education

 

and non-distance education credit hours in a given term and the student’s non-distance

 

education enrollment is at a campus or site located within Michigan, student credit

 

hours per the student’s eligibility for in-state or out-of-state tuition rates may be

 


reported.

 

       (c) Student credit hours generated through credit by examination.

 

       (d) Student credit hours generated through inmate prison programs regardless of

 

teaching location.

 

       (e) Student credit hours generated in new degree programs after January 1, 1975,

 

that have not been specifically authorized for funding by the legislature, except

 

spin-off programs converted from existing core programs that do all of the following:

 

       (i) Represent new options, fields, or concentrations within existing programs.

 

       (ii) Are consistent with the current institutional role and mission.

 

       (iii) Are accommodated within the continuing funding base of the public

 

university.

 

       (iv) Do not require a new degree level beyond that which the public university

 

is currently authorized to grant within that discipline or field.

 

       (v) Do not require funding from the state other than that provided by the

 

student credit hours generated within the program, either before program initiation or

 

within the first 3 years of program operation.

 

       (3) The auditor general shall periodically audit higher education institutional

 

data inventory (HEIDI) data as submitted by the public universities for compliance

 

with the definitions established by the state budget director in consultation with the

 

HEIDI advisory committee for the HEIDI database.

 

       (4) "Distance learning instruction" as used in subsection (2) means instruction

 

that occurs solely in other than a traditional classroom setting where the student and

 

instructor are in the same physical location and for which a student receives course

 

credits and is charged tuition and fees. Examples of distance learning instruction are

 

instruction delivered solely through the Internet, cable television, teleconference,

 

or mail.

 

       Sec. 291. The auditor general may conduct performance audits of public

 


universities receiving funds in section 236 during the fiscal year ending September

 

30, 2012 as the auditor general considers necessary.

 

       SEC. 294A. IN ADDITION TO THE FUNDS APPROPRIATED FOR FISCAL YEAR 2012-2013 IN

 

SECTION 236 OF THIS ARTICLE, APPROPRIATIONS TO THE DEPARTMENT OF TECHNOLOGY,

 

MANAGEMENT AND BUDGET FOR STATE BUILDING AUTHORITY RENT PROVIDE FUNDING FOR THE STATE

 

SHARE OF COSTS FOR PREVIOUSLY CONSTRUCTED CAPITAL PROJECTS FOR STATE UNIVERSITIES.

 

THESE STATE BUILDING AUTHORITY RENT APPROPRIATIONS REPRESENT ADDITIONAL STATE GENERAL

 

FUND SUPPORT PROVIDED TO STATE UNIVERSITIES ACCORDING TO THE FOLLOWING ESTIMATED

 

SCHEDULE:

 

       (1) CENTRAL MICHIGAN UNIVERSITY, $9,100,100.00.

 

       (2) EASTERN MICHIGAN UNIVERSITY, $5,203,100.00.

 

       (3) FERRIS STATE UNIVERSITY, $6,322,100.00.

 

       (4) GRAND VALLEY STATE UNIVERSITY, $4,251,000.00.

 

       (5) LAKE SUPERIOR STATE UNIVERSITY, $910,000.00.

 

       (6) MICHIGAN STATE UNIVERSITY, $16,096,000.00.

 

       (7) MICHIGAN TECHNOLOGICAL UNIVERSITY, $7,645,600.00.

 

       (8) NORTHERN MICHIGAN UNIVERSITY, $7,450,000.00.

 

       (9) OAKLAND UNIVERSITY, $10,726,000.00.

 

       (10) SAGINAW VALLEY STATE UNIVERSITY, $9,774,000.00.

 

       (11) UNIVERSITY OF MICHIGAN – ANN ARBOR, $9,156,100.00.

 

       (12) UNIVERSITY OF MICHIGAN – DEARBORN, $6,294,000.00.

 

       (13) UNIVERSITY OF MICHIGAN – FLINT, $2,854,100.00.

 

       (14) WAYNE STATE UNIVERSITY, $13,000,100.00.

 

       (15) WESTERN MICHIGAN UNIVERSITY, $15,264,000.00.


 

 

ARTICLE IV

 

 

 

GENERAL PROVISIONS

 

 

 

       Sec. 296. (1) If the maximum amount appropriated under this act from the state

 

school aid fund for a fiscal year exceeds the amount necessary to fully fund

 

allocations under this act from the state school aid fund, that excess amount shall

 

not be expended in that state fiscal year and shall not lapse to the general fund, but

 

instead shall be deposited into the school aid stabilization fund created in section

 

11a.

 

       (2) If the total maximum amount appropriated under all articles of this act from

 

the state school aid fund and the school aid stabilization fund exceeds the amount

 

available for expenditure from the state school aid fund for that fiscal year,

 

payments under sections 11f, 11g, 11j, 22a, 26a, 26b, 31d, 31f, 51a(2), 51a(12) (11),

 

51c, 53a, 56, and 152a shall be made in full. In addition, for districts beginning

 

operations after 1994-95 that qualify for payments under section 22b, payments under

 

section 22b shall be made so that the qualifying districts receive the lesser of an

 

amount equal to the 1994-95 foundation allowance of the district in which the district

 

beginning operations after 1994-95 is located or $5,500.00. The amount of the payment

 

to be made under section 22b for these qualifying districts shall be as calculated

 

under section 22a, with the balance of the payment under section 22b being subject to

 

the proration otherwise provided under this subsection and subsection (3). If

 

proration is necessary, state payments under each of the other sections of article I

 

from all state funding sources, and state appropriations to community colleges and

 

public universities under articles II and III from the state school aid fund, shall be

 

prorated in the manner prescribed in subsection (3) as necessary to reflect the amount

 


available for expenditure from the state school aid fund for the affected fiscal year.

 

However, if the department of treasury determines that proration will be required

 

under this subsection, or if the department of treasury determines that further

 

proration is required under this subsection after an initial proration has already

 

been made for a fiscal year, the department of treasury shall notify the state budget

 

director, and the state budget director shall notify the legislature at least 30

 

calendar days or 6 legislative session days, whichever is more, before the department

 

reduces any payments under this act because of the proration. During the 30-calendar-

 

day or 6-legislative-session-day period after that notification by the state budget

 

director, the department shall not reduce any payments under this act because of

 

proration under this subsection. The legislature may prevent proration from occurring

 

by, within the 30-calendar-day or 6-legislative-session-day period after that

 

notification by the state budget director, enacting legislation appropriating

 

additional funds from the general fund, countercyclical budget and economic

 

stabilization fund, state school aid fund balance, or another source to fund the

 

amount of the projected shortfall.

 

       (3) If proration is necessary under subsection (2), the department shall

 

calculate the proration in district and intermediate district payments under article I

 

that is required under subsection (2), and the department of treasury shall calculate

 

the proration in community college and public university payments under articles II

 

and III that is required under subsection (2), as follows:

 

       (a) The department and the department of treasury shall calculate the percentage

 

of total state school aid fund money that is appropriated and allocated under this act

 

for the affected fiscal year for each of the following:

 

       (i) Districts.

 

       (ii) Intermediate districts.

 

       (iii) Entities receiving funding from the state school aid fund under article I

 


other than districts or intermediate districts.

 

       (iv) Community colleges and public universities that receive funding from the

 

state school aid fund.

 

       (b) The department shall recover a percentage of the proration amount required

 

under subsection (2) that is equal to the percentage calculated under subdivision

 

(a)(i) for districts by reducing payments to districts. This reduction shall be made

 

by calculating an equal dollar amount per pupil as necessary to recover this

 

percentage of the proration amount and reducing each district's total state school aid

 

from state sources, other than payments under sections 11f, 11g, 11j, 22a, 26a, 26b,

 

31d, 31f, 51a(2), 51a(12) (11), 51c, 53a, and 152a, by that amount.

 

       (c) The department shall recover a percentage of the proration amount required

 

under subsection (2) that is equal to the percentage calculated under subdivision

 

(a)(ii) for intermediate districts by reducing payments to intermediate districts.

 

This reduction shall be made by reducing the payments to each intermediate district,

 

other than payments under sections 11f, 11g, 26a, 26b, 51a(2), 51a(12) (11), 53a, 56,

 

and 152a, on an equal percentage basis.

 

       (d) The department shall recover a percentage of the proration amount required

 

under subsection (2) that is equal to the percentage calculated under subdivision

 

(a)(iii) for entities receiving funding from the state school aid fund under article I

 

other than districts and intermediate districts by reducing payments to these

 

entities. This reduction shall be made by reducing the payments to each of these

 

entities, other than payments under sections 11j, 26a, and 26b, on an equal percentage

 

basis.

 

       (e) The department of treasury shall recover a percentage of the proration

 

amount required under subsection (2) that is equal to the percentage calculated under

 

subdivision (a)(iv) for community colleges and public universities that receive

 

funding from the state school aid fund by reducing that portion of the payments under

 


articles II and III to these community colleges and public universities that is from

 

the state school aid fund on an equal percentage basis.

 

       SEC. 298. (1) SUBJECT TO THE CONDITIONS SET FORTH IN THIS ACT, THE AMOUNTS

 

LISTED IN THIS SECTION FOR THE PUBLIC SCHOOLS, INTERMEDIATE SCHOOL DISTRICTS,

 

COMMUNITY COLLEGES AND PUBLIC UNIVERSITIES OF THIS STATE, AND CERTAIN OTHER STATE

 

PURPOSES RELATING TO EDUCATION ARE A SUMMARY OF APPROPRIATIONS CONTAINED IN THIS ACT

 

FOR FISCAL YEAR ENDING SEPTEMBER 30, 2013, AND ANTICIPATED APPROPRIATIONS FOR THE

 

FISCAL YEAR ENDING SEPTEMBER 30, 2014, FROM THE FUNDS INDICATED IN THIS ACT:

 

       (2) SUMMARY OF EDUCATION OMNIBUS APPROPRIATIONS

 

  GROSS APPROPRIATION.....................................   $ 14,381,126,800  $ 14,300,454,600

 

  TOTAL INTERDEPARTMENTAL GRANTS AND

 

   INTRADEPARTMENTAL TRANSFERS...........................                  0                 0

 

  ADJUSTED GROSS APPROPRIATION............................   $ 14,381,126,800    $ 14,300,454,600

 

  TOTAL FEDERAL REVENUES..................................      1,798,067,800     1,798,067,800

 

  TOTAL LOCAL REVENUES....................................                  0                 0

 

  TOTAL PRIVATE REVENUES..................................                  0                 0

 

  TOTAL OTHER STATE RESTRICTED REVENUES...................     11,184,153,200    11,282,130,800

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $  1,398,905,800  $  1,220,256,000

 

       SEC. 298A. (1) SUMMARY OF APPROPRIATIONS FOR SCHOOL AID (ARTICLE I)

 

  APPROPRIATION SUMMARY

 

  GROSS APPROPRIATION.....................................   $ 12,687,014,800  $ 12,603,634,800

 

  TOTAL INTERDEPARTMENTAL GRANTS AND

 

   INTRADEPARTMENTAL TRANSFERS...........................                  0                 0

 

  ADJUSTED GROSS APPROPRIATION............................   $ 12,687,014,800    $ 12,603,634,800

 

  TOTAL FEDERAL REVENUES..................................      1,701,041,400     1,701,041,400

 

  TOTAL LOCAL REVENUES....................................                  0                 0

 

  TOTAL PRIVATE REVENUES..................................                  0                 0

 


  TOTAL OTHER STATE RESTRICTED REVENUES...................     10,785,973,400    10,883,951,000

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $    200,000,000  $     18,642,400

 

   (2) BASIC OPERATIONS

 

  BASIC OPERATIONS........................................   $   9,177,133,000  $   9,041,133,000

 

  GROSS APPROPRIATION.....................................   $  9,177,133,000  $  9,041,133,000

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................      8,992,343,200     9,037,700,800

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $    184,789,800  $      3,432,200

 

       SCHEDULE OF PROGRAMS:

 

     PROPOSAL A OBLIGATION PAYMENT.......................      5,707,000,000     5,592,000,000

 

     DISCRETIONARY PAYMENT...............................      3,027,000,000     3,106,000,000

 

     ISD GENERAL OPERATIONS..............................         62,108,000        62,108,000

 

     PERFORMANCE BASED FUNDING...........................        190,000,000       100,000,000

 

     CONSOLIDATION INNOVATION GRANTS.....................         10,000,000                 0

 

     MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM..        179,000,000       179,000,000

 

     ISOLATED DISTRICT FUNDING...........................          2,025,000         2,025,000

 

   (3) SPECIAL EDUCATION

 

  SPECIAL EDUCATION.......................................   $   1,429,269,100  $   1,461,869,100

 

  GROSS APPROPRIATION.....................................   $  1,429,269,100  $  1,461,869,100

 

     APPROPRIATED FROM:

 

  FEDERAL REVENUES........................................        439,000,000       439,000,000

 

  STATE RESTRICTED REVENUES...............................        990,269,100     1,022,869,100

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $              0  $              0

 

       SCHEDULE OF PROGRAMS:

 

     SPECIAL EDUCATION HEADLEE OBLIGATION................        672,900,000       698,000,000

 

     SPECIAL EDUCATION FOUNDATIONS.......................        257,300,000       264,800,000

 

     SPECIAL EDUCATION HOLD HARMLESS PAYMENT.............          1,000,000         1,000,000

 


     SPECIAL EDUCATION NON-SEC. 52 PAYMENT...............          4,800,000         4,800,000

 

     SPECIAL EDUCATION RULE CHANGE.......................          2,200,000         2,200,000

 

     SPECIAL EDUCATION COURT PLACED FTES.................         13,500,000        13,500,000

 

     MICHIGAN SCHOOLS FOR THE DEAF AND BLIND.............          1,688,000         1,688,000

 

     SPECIAL EDUCATION MILLAGE EQUALIZATION..............         36,881,100        36,881,100

 

     SPECIAL EDUCATION FEDERAL PROGRAMS..................        439,000,000       439,000,000

 

   (4) SUPPORT SERVICES

 

  SUPPORT SERVICES........................................   $   1,188,005,600  $   1,188,005,600

 

  GROSS APPROPRIATION.....................................   $  1,188,005,600  $  1,188,005,600

 

     APPROPRIATED FROM:

 

  FEDERAL REVENUES........................................        851,091,900       851,091,900

 

  STATE RESTRICTED REVENUES...............................        331,221,900       331,221,900

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $      5,691,800  $      5,691,800

 

       SCHEDULE OF PROGRAMS:

 

     COURT-PLACED CHILDREN...............................          8,000,000         8,000,000

 

     JUVENILE DETENTION FACILITIES.......................          2,135,800         2,135,800

 

     YOUTH CHALLENGE PROGRAM.............................            765,600           765,600

 

     AT-RISK PROGRAM.....................................        308,988,200       308,988,200

 

     CHILD AND ADOLESCENT HEALTH CENTERS.................          3,557,300         3,557,300

 

     HEARING AND VISION SCREENING........................          5,150,000         5,150,000

 

     MICHIGAN VIRTUAL HIGH SCHOOL........................          4,387,500         4,387,500

 

     MATH AND SCIENCE CENTERS............................          7,874,300         7,874,300

 

     STATE AID TO LIBRARIES..............................          1,304,300         1,304,300

 

     FEDERAL PROGRAMS....................................        845,842,600       845,842,600

 

   (5) SCHOOL MEAL PROGRAMS

 

  SCHOOL MEAL PROGRAMS....................................   $     434,626,100  $     434,626,100

 

  GROSS APPROPRIATION.....................................   $    434,626,100  $    434,626,100

 


     APPROPRIATED FROM:

 

  FEDERAL REVENUES........................................        402,506,000       402,506,000

 

  STATE RESTRICTED REVENUES...............................         32,120,100        32,120,100

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $              0  $              0

 

       SCHEDULE OF PROGRAMS:

 

     SCHOOL LUNCH........................................        425,001,100       425,001,100

 

     SCHOOL BREAKFAST....................................          9,625,000         9,625,000

 

   (6) EARLY CHILDHOOD EDUCATION

 

  EARLY CHILDHOOD EDUCATION...............................   $     115,475,000  $     115,475,000

 

  GROSS APPROPRIATION.....................................   $    115,475,000  $    115,475,000

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................        115,175,000       115,175,000

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $        300,000  $        300,000

 

       SCHEDULE OF PROGRAMS:

 

     GREAT START LOCAL COLLABORATIVE GRANTS..............          5,900,000         5,900,000

 

     GREAT START READINESS PROGRAM: SCHOOL-BASED.........         95,700,000        95,700,000

 

     GREAT START READINESS PROGRAM: COMPETITIVE..........          8,875,000         8,875,000

 

     GREAT PARENTS, GREAT START ISD PROGRAM..............          5,000,000         5,000,000

 

   (7) STUDENT ASSESSMENT AND ACCOUNTABILITY

 

  STUDENT ASSESSMENT AND ACCOUNTABILITY...................   $      84,106,800  $      82,856,800

 

  GROSS APPROPRIATION.....................................   $     84,106,800  $     82,856,800

 

     APPROPRIATED FROM:

 

  FEDERAL REVENUES........................................          8,443,500         8,443,500

 

  STATE RESTRICTED REVENUES...............................         66,444,900        65,194,900

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $      9,218,400  $      9,218,400

 

       SCHEDULE OF PROGRAMS:

 

     PRINCIPAL EDUCATOR EVALUATION TRAINING..............          1,750,000           500,000

 


     CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION..          9,411,900         9,411,900

 

     STUDENT ASSESSMENTS.................................         34,944,400        34,944,400

 

     DATA COLLECTION AND REPORTING COSTS.................         38,000,500        38,000,500

 

   (8) CAREER PREPARATION AND VOCATIONAL EDUCATION

 

  CAREER PREPARATION AND VOCATIONAL EDUCATION.............   $      35,611,300  $      35,611,300

 

  GROSS APPROPRIATION.....................................   $     35,611,300  $     35,611,300

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................         35,611,300        35,611,300

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $              0  $              0

 

       SCHEDULE OF PROGRAMS:

 

     VOCATIONAL EDUCATION................................         26,611,300        26,611,300

 

     VOCATIONAL EDUCATION MILLAGE REIMBURSEMENT..........          9,000,000         9,000,000

 

   (9) ADULT EDUCATION

 

  ADULT EDUCATION.........................................   $      22,000,000  $      22,000,000

 

  GROSS APPROPRIATION.....................................   $     22,000,000  $     22,000,000

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................         22,000,000        22,000,000

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $              0  $              0

 

       SCHEDULE OF PROGRAMS:

 

     ADULT EDUCATION.....................................         22,000,000        22,000,000

 

   (10) TRANSPORTATION SAFETY

 

  TRANSPORTATION SAFETY...................................   $       3,259,900  $       3,259,900

 

  GROSS APPROPRIATION.....................................   $      3,259,900  $      3,259,900

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................          3,259,900         3,259,900

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $              0  $              0

 

       SCHEDULE OF PROGRAMS:

 


     BUS DRIVER SAFETY...................................          1,625,000         1,625,000

 

     SCHOOL BUS INSPECTIONS..............................          1,634,900         1,634,900

 

   (11) DEBT SERVICE AND OTHER REQUIRED PAYMENTS

 

  DEBT SERVICE AND OTHER REQUIRED PAYMENTS................   $     197,528,000  $     218,798,000

 

  GROSS APPROPRIATION.....................................   $    197,528,000  $    218,798,000

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................        197,528,000       218,798,000

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $              0  $              0

 

       SCHEDULE OF PROGRAMS:

 

     DEBT SERVICE ON NON-DURANT DISTRICT BONDS...........         39,000,000        39,000,000

 

     SCHOOL BOND LOAN REDEMPTION FUND....................        120,390,000       131,660,000

 

     SCHOOL AID FUND BORROWING COSTS.....................         10,000,000        20,000,000

 

     RENAISSANCE ZONE REIMBURSEMENT......................         26,300,000        26,300,000

 

     PAYMENT IN LIEU OF TAXES REIMBURSEMENT..............          1,838,000         1,838,000

 

       SEC. 298B. (1) SUMMARY OF APPROPRIATIONS FOR COMMUNITY COLLEGES (ARTICLE II)

 

  APPROPRIATION SUMMARY

 

  GROSS APPROPRIATION.....................................   $    294,130,500  $    294,130,500

 

  TOTAL INTERDEPARTMENTAL GRANTS AND

 

   INTRADEPARTMENTAL TRANSFERS...........................                  0                 0

 

  ADJUSTED GROSS APPROPRIATION............................   $    294,130,500  $    294,130,500

 

  TOTAL FEDERAL REVENUES..................................                  0                 0

 

  TOTAL LOCAL REVENUES....................................                  0                 0

 

  TOTAL PRIVATE REVENUES..................................                  0                 0

 

  TOTAL OTHER STATE RESTRICTED REVENUES...................        197,614,100       197,614,100

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     96,516,400  $     96,516,400

 

   (2) OPERATIONS, INCLUDING PERFORMANCE FUNDING

 

  ALPENA COMMUNITY COLLEGE................................   $      5,152,700  $      4,984,300

 


  BAY DE NOC COMMUNITY COLLEGE ...........................          5,180,100         5,040,200

 

  DELTA COLLEGE...........................................         13,919,300        13,336,200

 

  GLEN OAKS COMMUNITY COLLEGE.............................          2,393,700         2,320,900

 

  GOGEBIC COMMUNITY COLLEGE...............................          4,243,900         4,140,500

 

  GRAND RAPIDS COMMUNITY COLLEGE..........................         16,983,100        16,649,700

 

  HENRY FORD COMMUNITY COLLEGE............................         20,575,200        20,145,000

 

  JACKSON COMMUNITY COLLEGE...............................         11,551,300        11,219,700

 

  KALAMAZOO VALLEY COMMUNITY COLLEGE......................         11,922,000        11,522,700

 

  KELLOGG COMMUNITY COLLEGE...............................          9,327,100         9,047,900

 

  KIRTLAND COMMUNITY COLLEGE..............................          3,028,300         2,872,900

 

  LAKE MICHIGAN COLLEGE...................................          5,037,900         4,937,700

 

  LANSING COMMUNITY COLLEGE...............................         29,571,700        28,651,900

 

  MACOMB COMMUNITY COLLEGE................................         31,184,100        30,490,300

 

  MID MICHIGAN COMMUNITY COLLEGE..........................          4,456,600         4,266,800

 

  MONROE COUNTY COMMUNITY COLLEGE.........................          4,212,500         4,094,000

 

  MONTCALM COMMUNITY COLLEGE..............................          3,050,000         2,946,800

 

  C.S. MOTT COMMUNITY COLLEGE.............................         14,942,700        14,526,400

 

  MUSKEGON COMMUNITY COLLEGE..............................          8,411,900         8,256,700

 

  NORTH CENTRAL MICHIGAN COLLEGE..........................          2,963,100         2,886,500

 

  NORTHWESTERN MICHIGAN COLLEGE...........................          8,542,400         8,430,300

 

  OAKLAND COMMUNITY COLLEGE...............................         19,934,800        19,455,900

 

  ST. CLAIR COUNTY COMMUNITY COLLEGE......................          6,726,300         6,534,100

 

  SCHOOLCRAFT COLLEGE.....................................         12,036,800        11,477,300

 

  SOUTHWESTERN MICHIGAN COLLEGE...........................          6,234,100         6,143,700

 

  WASHTENAW COMMUNITY COLLEGE.............................         12,818,200        11,827,300

 

  WAYNE COUNTY COMMUNITY COLLEGE..........................         15,703,300        15,425,900

 

  WEST SHORE COMMUNITY COLLEGE............................          2,293,800         2,248,900

 


  GROSS APPROPRIATION.....................................   $    292,396,900  $    283,880,500

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................        195,880,500       195,880,500

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     96,516,400  $     88,000,000

 

   (3) PERFORMANCE FUNDING

 

  PERFORMANCE BASED FUNDING...............................   $               0  $       8,516,400

 

  GROSS APPROPRIATION.....................................   $              0  $      8,516,400

 

     APPROPRIATED FROM:

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $              0  $      8,516,400

 

    (4) MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (MPSERS)

 

  CONTRIBUTIONS TO MPSERS RETIREE HEALTH CARE.............   $       1,733,600  $       1,733,600

 

  GROSS APPROPRIATION.....................................   $      1,733,600  $      1,733,600

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................          1,733,600         1,733,600

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $              0  $              0

 

   SEC. 298C. (1) SUMMARY OF APPROPRIATIONS FOR HIGHER EDUCATION (ARTICLE III)

 

  APPROPRIATION SUMMARY

 

  GROSS APPROPRIATION.....................................   $  1,399,981,500  $  1,402,689,300

 

  TOTAL INTERDEPARTMENTAL GRANTS AND

 

   INTRADEPARTMENTAL TRANSFERS...........................                  0                 0

 

  ADJUSTED GROSS APPROPRIATION............................   $  1,399,981,500  $  1,402,689,300

 

  TOTAL FEDERAL REVENUES..................................         97,026,400        97,026,400

 

  TOTAL LOCAL REVENUES....................................                  0                 0

 

  TOTAL PRIVATE REVENUES..................................                  0                 0

 

  TOTAL OTHER STATE RESTRICTED REVENUES...................        200,565,700       200,565,700

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $  1,102,389,400  $  1,105,097,200

 

    (2) OPERATIONS FUNDING, INCLUDING PERFORMANCE FUNDING

 


   (A) CENTRAL MICHIGAN UNIVERSITY

 

  OPERATIONS..............................................   $      70,680,700  $      68,108,900

 

  GROSS APPROPRIATION.....................................   $     70,680,700  $     68,108,900

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................         11,284,600        11,284,600

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     59,396,100  $     56,824,300

 

   (B) EASTERN MICHIGAN UNIVERSITY

 

  OPERATIONS..............................................   $      66,118,400  $      64,619,100

 

  GROSS APPROPRIATION.....................................   $     66,118,400  $     64,619,100

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................         10,706,400        10,706,400

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     55,412,000  $     53,912,700

 

   (C) FERRIS STATE UNIVERSITY

 

  OPERATIONS..............................................   $      43,906,600  $      41,324,300

 

  GROSS APPROPRIATION.....................................   $     43,906,600  $     41,324,300

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................          6,846,800         6,846,800

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     37,059,800  $     34,477,500

 

   (D) GRAND VALLEY STATE UNIVERSITY

 

  OPERATIONS..............................................   $      56,673,500  $      52,677,400

 

  GROSS APPROPRIATION.....................................   $     56,673,500  $     52,677,400

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................          8,727,800         8,727,800

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     47,945,700  $     43,949,600

 

    (E) LAKE SUPERIOR STATE UNIVERSITY

 

  OPERATIONS..............................................   $      11,036,700  $      10,789,500

 

  GROSS APPROPRIATION.....................................   $     11,036,700  $     10,789,500

 


     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................          1,787,600         1,787,600

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $      9,249,100  $      9,001,900

 

   (F) MICHIGAN STATE UNIVERSITY

 

  OPERATIONS..............................................   $    244,418,600  $    241,120,800

 

  FACILITY FOR RARE ISOTOPE BEAMS.........................          2,339,900         5,047,700

 

  AGRICULTURAL EXPERIMENT AND COOPERATIVE

 

   EXTENSION ACTIVITIES..................................         52,625,800        52,625,800

 

  GROSS APPROPRIATION.....................................   $    299,384,300  $    298,794,300

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................         39,949,900        39,949,900

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $    259,434,400  $    258,844,400

 

   (G) MICHIGAN TECHNOLOGICAL UNIVERSITY

 

  OPERATIONS..............................................   $      41,536,100  $      40,733,600

 

  GROSS APPROPRIATION.....................................   $     41,536,100  $     40,733,600

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................   $      6,748,900  $      6,748,900

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     34,787,200  $     33,984,700

 

   (H) NORTHERN MICHIGAN UNIVERSITY

 

  OPERATIONS..............................................   $      39,659,700  $      38,367,400

 

  GROSS APPROPRIATION.....................................   $     39,659,700  $     38,367,400

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................          6,356,900         6,356,900

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     33,302,800  $     32,010,500

 

   (I) OAKLAND UNIVERSITY

 

  OPERATIONS..............................................   $      44,744,600  $      43,145,000

 

  GROSS APPROPRIATION.....................................   $     44,744,600  $     43,145,000

 


     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................          7,148,400         7,148,400

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     37,596,200  $     35,996,600

 

   (J) SAGINAW VALLEY STATE UNIVERSITY

 

  OPERATIONS..............................................   $      24,682,500  $      23,561,500

 

  GROSS APPROPRIATION.....................................   $     24,682,500  $     23,561,500

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................          3,903,800         3,903,800

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     20,778,700  $     19,657,700

 

    (K) UNIVERSITY OF MICHIGAN - ANN ARBOR

 

  OPERATIONS..............................................   $     272,695,500  $     268,803,300

 

  GROSS APPROPRIATION.....................................   $    272,695,500  $    268,803,300

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................         44,536,300        44,536,300

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $    228,159,200  $    224,267,000

 

   (L) UNIVERSITY OF MICHIGAN – DEARBORN

 

  OPERATIONS..............................................   $      21,587,800  $      21,016,300

 

  GROSS APPROPRIATION.....................................   $     21,587,800  $     21,016,300

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................          3,482,100         3,482,100

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     18,105,700  $     17,534,200

 

   (M) UNIVERSITY OF MICHIGAN – FLINT

 

  OPERATIONS..............................................   $      18,330,900  $      17,762,400

 

  GROSS APPROPRIATION.....................................   $     18,330,900  $     17,762,400

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................          2,942,900         2,942,900

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     15,388,000  $     14,819,500

 


   (N) WAYNE STATE UNIVERSITY

 

  OPERATIONS..............................................   $     183,719,300  $     182,036,900

 

  GROSS APPROPRIATION.....................................   $    183,719,300  $    182,036,900

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................         30,160,600        30,160,600

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $    153,558,700  $    151,876,300

 

   (O) WESTERN MICHIGAN UNIVERSITY

 

  OPERATIONS..............................................   $      94,606,500  $      93,168,300

 

  GROSS APPROPRIATION.....................................   $     94,606,500  $     93,168,300

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................         15,436,500        15,436,500

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $     79,170,000  $     77,731,800

 

   (3) PERFORMANCE FUNDING, INCLUDING TUITION RESTRAINT

 

  PERFORMANCE BASED FUNDING...............................   $       9,054,300  $      36,217,000

 

  GROSS APPROPRIATION.....................................   $      9,054,300  $     36,217,000

 

     APPROPRIATED FROM:

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $      9,054,300  $     36,217,000

 

   (4) MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (MPSERS)

 

  CONTRIBUTIONS TO MPSERS RETIREE HEALTH CARE.............   $         446,200  $         446,200

 

  GROSS APPROPRIATION.....................................   $        446,200  $        446,200

 

     APPROPRIATED FROM:

 

  STATE RESTRICTED REVENUES...............................            446,200           446,200

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $              0  $              0

 

   (5) STATE AND REGIONAL PROGRAMS

 

  STATE AND REGIONAL PROGRAMS.............................   $        200,000  $         200,000

 

  GROSS APPROPRIATION.....................................   $        200,000  $        200,000

 

     APPROPRIATED FROM:

 


  STATE GENERAL FUND/GENERAL PURPOSE......................   $        200,000  $        200,000

 

       SCHEDULE OF PROGRAMS:

 

     HIGHER EDUCATION DATABASE MODERNIZATION AND

 

       CONVERSION........................................            105,000           105,000

 

     MIDWESTERN HIGHER EDUCATION COMPACT.................             95,000            95,000

 

   (6) MARTIN LUTHER KING, JR. – CESAR CHAVEZ – ROSA PARKS PROGRAM

 

  MARTIN LUTHER KING, JR. – CESAR CHAVEZ – ROSA PARKS

 

       PROGRAM...........................................   $       2,691,500  $       2,691,500

 

  GROSS APPROPRIATION.....................................   $      2,691,500  $      2,691,500

 

     APPROPRIATED FROM:

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $      2,691,500  $      2,691,500

 

       SCHEDULE OF PROGRAMS:

 

     SELECT STUDENT SUPPORT SERVICES.....................          1,956,100         1,956,100

 

     MICHIGAN COLLEGE/UNIVERSITY PARTNERSHIP PROGRAM.....            586,800           586,800

 

     MORRIS HOOD, JR. EDUCATOR DEVELOPMENT PROGRAM.......            148,600           148,600

 

   (7) GRANTS AND FINANCIAL AID

 

  STUDENT FINANCIAL AID...................................   $      98,226,400  $      98,226,400

 

  GROSS APPROPRIATION.....................................   $     98,226,400  $     98,226,400

 

     APPROPRIATED FROM:

 

  FEDERAL REVENUES........................................         97,026,400        97,026,400

 

  STATE RESTRICTED REVENUES...............................            100,000           100,000

 

  STATE GENERAL FUND/GENERAL PURPOSE......................   $      1,100,000  $      1,100,000

 

       SCHEDULE OF PROGRAMS:

 

     STATE COMPETITIVE SCHOLARSHIPS......................         20,361,700        20,361,700

 

     TUITION GRANTS......................................         30,664,700        30,664,700

 

     TUITION INCENTIVE PROGRAM...........................         42,800,000        42,800,000

 

     CHILDREN OF VETERANS AND OFFICER’S SURVIVOR

 


     TUITION PROGRAM.....................................          1,200,000         1,200,000

 

     PROJECT GEAR-UP.....................................          3,200,000         3,200,000

 

       Enacting section 1. (1) In accordance with section 30 of article I of the state

 

constitution of 1963, total state spending on school aid under article I as amended by

 

this amendatory act from state sources for fiscal year 2012-2013 is estimated at

 

$10,985,973,400.00 and state appropriations for school aid to be paid to local units

 

of government for fiscal year 2012-2013 are estimated at $10,841,677,500.00; and total

 

state spending on school aid under article I as amended by this amendatory act from

 

state sources for fiscal year 2013-2014 is estimated at $10,902,593,400.00 and state

 

appropriations for school aid to be paid to local units of government for fiscal year

 

2013-2014 are estimated at $10,737,027,500.00.

 

       (2) In accordance with section 30 of article IX of the state constitution of

 

1963, total state spending from state sources for community colleges for fiscal year

 

2012-2013 under article II as amended by this amendatory act is estimated at

 

$294,130,500.00 and the amount of that state spending from state sources to be paid to

 

local units of government for fiscal year 2012-2013 is estimated at $294,130,500.00;

 

and total state spending from state sources for community colleges for fiscal year

 

2013-2014 under article II as amended by this amendatory act is estimated at

 

$294,130,500.00 and the amount of that state spending from state sources to be paid to

 

local units of government for fiscal year 2013-2014 is estimated at $294,130,500.00.

 

       (3) In accordance with section 30 of article IX of the state constitution of

 

1963, total state spending from state sources for higher education for fiscal year

 

2012-2013 under article III as amended by this amendatory act is estimated at

 

$1,302,955,100.00 and the amount of that state spending from state sources to be paid

 

to local units of government for fiscal year 2012-2013 is estimated at $0; and total

 

state spending from state sources for higher education for fiscal year 2013-2014 under

 

article III as amended by this amendatory act is estimated at $1,305,662,900.00 and

 


the amount of that state spending from state sources to be paid to local units of

 

government for fiscal year 2013-2014 is estimated at $0.

 

       Enacting Section 2. Sections 12, 22e, 23, 40, 147b, 164c, 204, 205, 209, 210,

 

210a, 211, 212, 214, 216, 227, 228, 230, 237a, 239, 239a, 240, 261, 262, 263a, 266,

 

268, 270a, 271, 272, 273, 274, 274a, 290, 292, 293, and 294 of the state school aid

 

act of 1979, 1979 PA 94, MCL 388.1612, 388.1622e, 388.1623, 388.1640, 388.1747b,

 

388.1764c, 388.1804, 388.1805, 388.1809, 388.1810, 388.1810a, 388.1811, 388.1812,

 

388.1814, 388.1816, 388.1827, 388.1828, 388.1830, 388.1837a, 388.1839, 388.1839a,

 

388.1840, 388.1861, 388.1862, 388.1863a, 388.1866, 388.1868, 388.1870a, 388.1871,

 

388.1872, 388.1873, 388.1874, 388.1874a, 388.1890, 388.1892, 388.1893, and 388.1894

 

are repealed effective October 1, 2012.