February 10, 2011, Introduced by Senators PAVLOV, MARLEAU, PROOS, JANSEN and HANSEN and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1290; and to repeal acts
and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1290. (1) A school district may apply to the
superintendent of public instruction for an education mandate
rollback contract under this section for the school district or for
1 or more schools operated by the school district. An education
mandate rollback contract allows the superintendent of public
instruction to waive a provision of this act or of the state school
aid act of 1979, or of a rule promulgated under this act or the
state school aid act of 1979, designated as part of a performance-
based contract with clearly defined and measurable performance
goals. A school district also may apply to the superintendent of
public instruction for waiver of certain federal requirements, in
accordance with federal law allowing federal education waivers to
be issued by this state.
(2) If the board of a school district intends to apply for an
education mandate rollback contract, the board shall establish an
education mandate rollback planning committee to work with the
board to develop the resolution under subsection (3) and the
application under subsection (4). This committee shall include a
representative of each of the school district's collective
bargaining units that will be affected by the education mandate
rollback contract.
(3) Before applying for an education mandate rollback
contract, the board of a school district must adopt a resolution
indicating the board's intent to apply for the education mandate
rollback contract. If the contract is not intended to cover the
entire school district, the resolution shall specify the schools to
be covered. Before adopting the resolution, the board shall hold at
least 2 public hearings at which the types of waivers sought and
the need for the waivers are explained and public comment is
allowed.
(4) A school district shall submit an application for an
education mandate rollback contract to the superintendent of public
instruction in the form and manner prescribed by the department.
The application shall contain at least all of the following:
(a) A specific listing of the statutes and rules proposed to
be waived. If the application is intended to also serve as an
application for federal waivers under federal law, the application
also shall include a specific listing of the federal statutes and
regulations proposed to be waived.
(b) A statement specifying the need for waiver for each
statute or rule proposed to be waived, including the purpose and
intended results for each waiver.
(c) A description, for each school year and for the overall
term of the contract, of the specific measurable goals for improved
pupil performance in the school district or school. These goals
shall include, but are not limited to, goals for improving MEAP
scores.
(d) A description, for each school year and for the overall
term of the contract, of the measurements to be used to determine
whether the pupil performance goals under subdivision (c) have been
met.
(e) An explanation of how the contract and the waivers will
assist the school district or school in achieving its specified
performance goals.
(f) A fiscal impact statement that estimates how the waiver or
waivers may increase or reduce program costs.
(g) If the contract is not intended to cover the entire school
district, the specific schools to be covered.
(h) A copy of the board resolution required under subsection
(3). If the application is intended to also serve as an application
for federal waivers under federal law, the application also shall
include an explanation of how the public notice requirements of
federal law have been met.
(5) Within 60 days after receiving an application under
subsection (4), the superintendent of public instruction shall
approve or disapprove the application and notify the school
district of the decision. If the superintendent of public
instruction approves the application, the superintendent of public
instruction shall promptly enter into an education mandate rollback
contract with the school district. If the superintendent of public
instruction disapproves the application, the notification to the
school district shall include notice of the specific reasons for
the disapproval, and the school district may submit a revised
application under subsection (4). If the superintendent of public
instruction does not act on an application and notify the school
district of his or her decision within the time limit required
under this subsection, the application is considered approved and
the superintendent of public instruction shall promptly enter into
the proposed education mandate rollback contract with the school
district.
(6) The superintendent of public instruction shall not approve
an application submitted under subsection (4) unless he or she
finds all of the following:
(a) That the performance goals contained in the application
are sufficiently specific and will, if met, constitute improved
pupil achievement.
(b) That the education mandate rollback contract will allow
the school district to enhance learning and to operate in a more
effective, efficient, or economical manner.
(c) That the district has exhibited financial responsibility
during the preceding 3 fiscal years, as determined by the
superintendent of public instruction. This does not preclude the
approval of an education mandate rollback contract for a school
district in current financial hardship, if the hardship is not due
to financial irresponsibility as determined by the superintendent
of public instruction.
(d) That the education mandate rollback contract will not
result in the diminution of wages, hours, or other terms and
conditions of employment for employees or collective bargaining
units of the school district.
(7) In approving applications submitted under subsection (4),
the superintendent of public instruction shall give priority to
applications that are focused on reducing pupil achievement gaps
based on race, gender, and socioeconomic status.
(8) The department shall prescribe the form of an education
mandate rollback contract. The education mandate rollback contract
shall include at least all of the following:
(a) All matters addressed in the application.
(b) Assurance that the school district will report its annual
progress toward its performance goals.
(c) An agreement that, in order for the contract to be
renewed, the MEAP scores for the school district or school must
demonstrate adequate annual progress toward meeting the performance
goals and must attain a specific measurable benchmark by the end of
the contract.
(d) An agreement on the contents of the empowerment report to
be filed by the school district at the end of the contract term.
The empowerment report shall summarize the performance goals
achieved during the term of the contract and the programs,
curriculum, or other innovative approaches used to achieve these
goals.
(e) The term of the contract, which shall not exceed 5 years.
(9) The superintendent of public instruction may terminate an
education mandate rollback contract for a school before the end of
its term if the superintendent of public instruction determines
that the school has experienced 2 consecutive years of declining
pupil performance, based on the performance goals and measurements
specified in the contract, or that the school has failed to achieve
the federal pupil performance standard for 2 consecutive years in
both mathematics and English language arts at all applicable grade
levels for all applicable subgroups. The superintendent of public
instruction is not required to terminate an education mandate
rollback contract if he or she determines that the decline or
failure is due to exceptional or uncontrollable circumstances. As
used in this subsection, "failed to achieve the federal pupil
performance standard" means that the department has determined that
the school has failed to achieve adequate yearly progress under the
no child left behind act of 2001, Public Law 107-110, or has failed
to meet a successor federal standard that the superintendent of
public instruction has identified as being a standard established
by the federal government that is based on pupil performance and is
required to be met in order to receive full federal funding.
(10) At the conclusion of the term of an education mandate
rollback contract, the school district shall submit its empowerment
report describing how the school district or school met or did not
meet the performance goals set forth in the contract. The
superintendent of public instruction may renew the education
mandate rollback contract if the performance goals have been met.
(11) The superintendent of public instruction shall not grant
an education mandate rollback contract that contains a waiver that
would undermine the underlying purposes, as determined by the
superintendent of public instruction, of the program for which the
waiver is sought. The superintendent of public instruction may not
waive any of the following as part of an education mandate rollback
contract:
(a) Health and safety requirements.
(b) Statutory teacher certification requirements.
(c) Any provision under section 1312.
(d) A requirement under part 6a, 6c, or 6e, except waiver of
section 503(6), 523(3), or 553(6) to the extent necessary to allow
waiver of another requirement that meets both of the following:
(i) Is imposed under a part of this act other than part 6a, 6c,
or 6e.
(ii) Is a requirement that may be waived under this section for
a school district that is not a public school academy.
(e) Any requirement relating to competitive bidding.
(f) Any requirement relating to conflicts of interest, ethics,
or transparency of operations.
(g) Any requirement or limitation relating to borrowing money,
issuing bonds, notes, or other evidence of indebtedness, or levying
taxes.
(h) Any requirement that would be prohibited under federal law
from being waived.
(12) The superintendent of public instruction shall submit an
annual report to the legislature on the status of the education
mandate rollback program under this section, including a report on
education mandate rollback contracts issued during the year, and on
progress made toward attainment of performance goals.
(13) As the initial education mandate rollback contracts
issued under this section expire, the department shall post
information on its website on the educational innovations and best
practices used to achieve pupil performance goals under the
contracts.
(14) Except as otherwise provided in subsection (11), any
provision of this act or the state school aid act of 1979, or of
any rule promulgated under this act or the state school aid act of
1979, is subject to waiver under an education mandate rollback
contract.
(15) As used in this section:
(a) "Empowerment report" means the final evaluation report
required to be filed at the end of the term of an education mandate
rollback contract under subsection (10).
(b) "MEAP scores" means the scores achieved by the pupils of a
school district or school, as applicable, on all Michigan
educational assessment program tests or other state assessments
administered to pupils of the school district or school.
(c) "School district" means either a school district or a
public school academy, and "board" means either a school board or
the board of directors of a public school academy.
(16) This section shall be known and may be cited as the
"education mandate rollback law".
(17) This section is repealed effective 10 years after the
effective date of this section.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No._132
of the 96th Legislature is enacted into law.