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.