September 28, 2011, Introduced by Senator EMMONS and referred to the Committee on Education.
A bill to amend 2000 PA 258, entitled
"Career and technical preparation act,"
by amending the title and sections 4, 7, 9, 10, and 11 (MCL
388.1904, 388.1907, 388.1909, 388.1910, and 388.1911), section 9 as
amended by 2004 PA 592.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to establish career and technical preparation
enrollment
options for certain students; enrolled in Michigan
schools;
to prescribe certain duties of
public schools, certain
nonpublic schools, and certain postsecondary institutions; to
prescribe certain powers and duties of certain state departments,
officials, and agencies; and to repeal acts and parts of acts.
Sec. 4. (1) Upon request by the eligible student, the school
district or state approved nonpublic school in which an eligible
student is enrolled shall provide to the eligible student a letter
signed by the student's principal indicating the student's
eligibility under this act. For a home-schooled child, the child's
parent or legal guardian may supply this letter.
(2) An eligible student may apply to a career and technical
preparation program to enroll in 1 or more eligible courses offered
by that career and technical preparation program and, if accepted,
may enroll in 1 or more of those courses.
(3)
Within for an eligible
student enrolled in a school
district, within a reasonable time after registration, the career
and technical preparation program shall send written notice to the
eligible student and his or her school district. For an eligible
student enrolled in a state approved nonpublic school, within a
reasonable time after registration, the career and technical
preparation program shall send written notice to the eligible
student and his or her state approved nonpublic school and to the
state treasurer. For an eligible student who is a home-schooled
child, within a reasonable time after registration, the career and
technical preparation program shall send written notice to the
eligible student and his or her parent or legal guardian and to the
state treasurer. The notice shall indicate the course or courses
and hours of enrollment of that eligible student. The career and
technical preparation program shall notify the eligible student
about tuition, fees, books, materials, and other related charges,
as determined by the career and technical preparation program, in
the customary manner used by the career and technical preparation
program, and shall notify the eligible student of the estimated
amount of the eligible charges that will be billed to the school
district or state treasurer, as applicable, under subsection (4).
(4)
Unless For an eligible
student enrolled in a school
district, unless otherwise agreed between the career and technical
preparation program and the school district, after the expiration
of the career and technical preparation program's drop/add period
for the course, the career and technical preparation program shall
send a bill to the eligible student's school district detailing the
eligible charges for each eligible course in which the eligible
student is enrolled under this act. For an eligible student who is
enrolled in a state approved nonpublic school or who is a home-
schooled child, unless otherwise agreed between the career and
technical preparation program and the state treasurer, after the
expiration of the career and technical preparation program's
drop/add period for the course, the career and technical
preparation program shall send a bill to the state treasurer
detailing the eligible charges for each eligible course in which
the eligible student is enrolled under this act.
(5)
Upon For an eligible
student enrolled in a school
district, upon receiving the bill under subsection (4), the school
district shall cause to be paid to the career and technical
preparation program on behalf of the eligible student an amount
equal to the lesser of the amount of the eligible charges or the
prorated percentage of the state portion of the foundation
allowance paid on behalf of that particular eligible student as
calculated under section 20 of the state school aid act of 1979,
1979 PA 94, MCL 388.1620, with the proration based on the
proportion of the school year that the eligible student attends the
career and technical preparation program. A school district may pay
more money to a career and technical preparation program on behalf
of an eligible student than is required under this act, and may use
local school operating revenue for that purpose. The eligible
student is responsible for payment of the remainder of the costs
associated with his or her enrollment in the career and technical
preparation program that exceed the amount the school district is
required to pay under this act and that are not paid by the school
district. As used in this subsection, "local school operating
revenue" means that term as defined in section 20 of the state
school aid act of 1979, 1979 PA 94, MCL 388.1620.
(6) For an eligible student who is enrolled in a state
approved nonpublic school or who is a home-schooled child, upon
receiving the bill under subsection (4), the state treasurer shall
cause to be paid to the career and technical preparation program on
behalf of the eligible student an amount equal to the lesser of the
amount of the eligible charges or the prorated percentage of the
statewide pupil-weighted average foundation allowance, as
calculated under section 20 of the state school aid act of 1979,
1979 PA 94, MCL 388.1620, for all school districts for the state
fiscal year that begins on October 1 of the academic year of
enrollment in the career and technical education program, with the
proration based on the proportion of the school year that the
eligible student attends the career and technical education
program. However, in the calculation of the statewide pupil-
weighted average foundation allowance for the purposes of this
subsection, if a school district's foundation allowance is above
the basic foundation allowance under section 20 of the state school
aid act of 1979, 1979 PA 94, MCL 388.1620, then the school
district's foundation allowance shall be considered to be the basic
foundation allowance. The state treasurer shall use the amount of
the statewide pupil-weighted average foundation allowance provided
to the state treasurer by the department of education under section
4 of the postsecondary enrollment options act, 1996 PA 160, MCL
388.514. The eligible student is responsible for payment of the
remainder of the costs associated with his or her enrollment in the
career and technical preparation program that exceed the amount the
state treasurer is required to pay under this act and that are not
paid by the state treasurer.
(7) (6)
A career and technical preparation
program shall not
charge
a late fee to an eligible student, or a school district, or
the state treasurer for a payment that is made in compliance with
the timetable prescribed under this act even if the payment would
otherwise be considered late by the career and technical
preparation program.
(8) (7)
A school district, state approved nonpublic school, or
the state treasurer may require an eligible student to provide, on
a form supplied by the school district, state approved nonpublic
school, or the state treasurer, reasonable verification that the
eligible student is regularly attending a career and technical
preparation course under this act.
(9) (8)
If For an eligible student who is enrolled in a school
district and is enrolled in an eligible course under this act, if
the student does not complete the eligible course, and if the
school district has paid money for the course on behalf of the
student, all of the following apply:
(a) The career and technical preparation program shall forward
to the school district any funds that are refundable due to
noncompletion of the course. If applicable, the school district
shall then forward to the student any refunded money in excess of
the amount paid by the school district for the course on behalf of
the student.
(b) The student shall repay to the school district any funds
that were expended by the school district for the course that are
not refunded to the school district by the career and technical
preparation program. If the student does not repay this money, the
school district may impose sanctions against the student as
determined by school district policy. This subdivision does not
apply to a student who does not complete the course due to a family
or medical emergency, as determined by the career and technical
preparation program.
(10) For an eligible student who is enrolled in a state
approved nonpublic school, or is a home-schooled child, and who is
enrolled in an eligible course under this act, if the student does
not complete the eligible course, and if the state treasurer has
paid money for the course on behalf of the student, all of the
following apply:
(a) The career and technical preparation program shall forward
to the state treasurer any funds that are refundable due to
noncompletion of the course. If applicable, the state treasurer
shall then forward to the student any refunded money in excess of
the amount paid by the state treasurer for the course on behalf of
the student.
(b) The student shall repay to the state treasurer any funds
that were expended by the state treasurer for the course that are
not refunded to the state treasurer by the career and technical
preparation program. This subdivision does not apply to a student
who does not complete the course due to a family or medical
emergency, as determined by the career and technical preparation
program.
(11) (9)
A school district, state approved nonpublic school,
or the state treasurer shall make available to an eligible student
enrolled
in the school district copies of
all correspondence in the
possession of the school district, state approved nonpublic school,
or state treasurer regarding the eligible student's participation
in a career and technical preparation course under this act.
Correspondence described in this subsection shall be kept by the
school district, state approved nonpublic school, or state
treasurer for at least 1 year.
(12) (10)
If a school district pays for books
for an eligible
student for a career and technical preparation course under this
section, the books are the property of the school district and
shall be turned over to the school district after the eligible
student completes the course.
(13) (11)
This section does not apply to any
career and
technical preparation courses in which an eligible student is
enrolled in addition to being enrolled full-time in that eligible
student's school district, state approved nonpublic school, or home
school program; to a career and technical preparation course an
eligible student is retaking after failing to achieve a
satisfactory grade; or to a course contrary to the eligibility
provisions of this act. In determining full-time enrollment in a
school
district under this act section
or a school district's full-
time equated membership under the state school aid act of 1979,
1979
PA 94, MCL 388.1601 to 388.1772, for pupils a pupil enrolled
in a career and technical preparation program under this act, the
pupil's enrollment in both the school district and the career and
technical preparation program shall be counted as enrollment in the
school district and a pupil shall not be considered to be enrolled
in a school district less than full-time solely because of the
effect of the pupil's enrollment in 1 or more career and technical
preparation courses under this act, including necessary travel
time, on the number of class hours provided by the school district
to the pupil. In determining full-time enrollment in a state
approved nonpublic school or home school program under this section
for a pupil enrolled in a career and technical preparation program
under this act, the pupil's enrollment in both the state approved
nonpublic school or home school program and the career and
technical preparation program shall be counted as enrollment in the
state approved nonpublic school or home school program and a pupil
shall not be considered to be enrolled in a state approved
nonpublic school or home school program less than full-time solely
because of the effect of the pupil's enrollment in 1 or more career
and technical preparation courses under this act, including
necessary travel time, on the number of class hours provided by the
state approved nonpublic school or home school program to the
pupil.
(14) (12)
This act does not require a school
district or the
state treasurer to pay or otherwise provide financial support for
transportation or parking costs necessary for an eligible student
to participate in a career and technical preparation program under
this act. A school district, state approved nonpublic school, or
the state treasurer is not liable for any injury incurred by an
eligible student that is related to transportation necessary for
the eligible student to participate in a career and technical
preparation program under this act.
Sec. 7. (1) An eligible student who is enrolled in a school
district may enroll in, and receive payment by the school district
under
section 4 4(5) of all or part of eligible charges for, an
eligible course under this act for high school credit or
postsecondary credit, or both. At the time an eligible student who
is enrolled in a school district enrolls in a career and technical
preparation course under this act, he or she shall designate
whether the course is for high school or postsecondary credit, or
both, and shall notify both his or her high school and the career
and technical preparation program of that designation. An eligible
student taking more than 1 eligible course under this act may make
different credit designations under this subsection for different
courses.
(2) Except as otherwise provided in subsection (3), an
eligible student who is enrolled in a state approved nonpublic
school or who is a home-schooled child may enroll in, and receive
payment by the state treasurer under section 4(6) of all or part of
eligible charges for, an eligible course under this act only for
postsecondary credit and may not receive high school credit for the
course.
(3) If an eligible student who is enrolled in a state approved
nonpublic school or who is a home-schooled child is enrolled in an
eligible course that would have been considered a nonessential
elective course under Snyder v Charlotte School Dist, 421 Mich 517
(1984), then the eligible student may enroll in, and receive
payment by the school district under section 4(6) of all or part of
eligible charges for, an eligible course under this act for high
school credit or postsecondary credit, or both. At the time an
eligible student enrolls under this act in an eligible course
described in this subsection, he or she shall designate whether the
course is for high school or postsecondary credit, or both, and
shall notify both his or her high school and the career and
technical education program of that designation. An eligible
student taking more than 1 eligible course described in this
subsection under this act may make different credit designations
under this subsection for different courses.
(4) An eligible student shall not audit a course in which he
or she is enrolled under this act.
(5) (2)
A school district shall grant
academic credit to an
eligible student enrolled in an eligible course for high school
credit under this act if he or she successfully completes the
course, as determined by the career and technical preparation
program. The amount of high school credit granted by a school
district for a course completed under this act shall be determined
by the school district.
(6) (3)
The high school credits granted to
an eligible student
under this act shall be counted toward the graduation requirements
and subject area requirements of the school district. Evidence of
successful completion of each course and high school credits
granted shall be included in the eligible student's high school
record.
Subject to section 444 of subpart 4 of part C of the
general
education provisions act, title IV of Public Law 90-247, 20
U.S.C.
20 USC 1232g, commonly referred to as the family
educational
rights and privacy act of 1974, a career and technical preparation
program shall provide the school district with a copy of the
eligible student's grade in each course taken for high school
credit under this act. Upon the request of an eligible student, his
or her high school record and transcript shall also include
evidence of successful completion and postsecondary credits granted
for a course taken for postsecondary credit under this act. In
either case, the eligible student's high school record and
transcript shall indicate that the credits were earned at a career
and technical preparation program and identify the career and
technical preparation program.
(7) (4)
If a student enrolls in a career
and technical
preparation program after leaving high school, the career and
technical preparation program, in accordance with institutional
policy, shall award postsecondary credit for postsecondary courses
successfully completed by that student for high school credit under
this act at that career and technical preparation program. A career
and technical preparation program shall not charge a student for
credit awarded under this subsection.
Sec. 9. (1) Each school district or state approved nonpublic
school shall provide information to all high school students on the
career and technical preparation enrollment options under this act,
including enrollment eligibility; the programs and types of courses
that are eligible for participation; the decision-making process
for granting academic credits; an explanation of eligible charges
that will be paid by the school district or state treasurer, as
applicable, and of financial arrangements for eligible charges and
for paying costs not paid for by the school district or state
treasurer; eligibility for payment of all or part of eligible
charges by the school district or state treasurer, as applicable,
under this act; an explanation that, if the student qualifies for
payment of all or part of eligible charges by the school district
or state treasurer under this act, the school district or state
treasurer, as applicable, will pay that support directly to the
career and technical preparation program upon being billed by the
career and technical preparation program and that the student is
not responsible for that payment but is responsible for payment of
costs not paid for under this act; available support services; the
need to arrange an appropriate schedule; consequences of failing or
not
completing a vocational career
and technical education course
in which the eligible student enrolls; the effect of enrolling in a
career and technical preparation course on the eligible student's
ability to complete the required high school graduation
requirements; and the academic and social responsibilities that
must be assumed by the eligible student and his or her parent or
guardian.
(2) To the extent possible, a school district or state
approved nonpublic school shall provide counseling services to an
eligible student and his or her parent or guardian before the
eligible student enrolls in a career and technical preparation
course under this act to ensure that the eligible student and his
or her parent or guardian are fully aware of the benefits, risks,
and possible consequences of enrolling in the course. The person
providing the counseling shall encourage the eligible student and
his or her parent or guardian to also use available counseling
services at the career and technical preparation program before the
quarter or semester of enrollment to ensure that anticipated plans
are appropriate. A school district or state approved nonpublic
school may provide the counseling required under this section in a
group meeting if additional personalized counseling is also made
available.
(3) Before enrolling in an eligible course at a career and
technical preparation program under this act, an eligible student
and his or her parent or guardian shall file with the career and
technical preparation program a signed form provided by the
eligible student's school district or state approved nonpublic
school stating that the student is an eligible student and has
received the information and counseling specified in subsections
(1) and (2) and that the student understands the responsibilities
that must be assumed in enrolling in the course. Upon request, the
department shall provide technical assistance to a school district
or state approved nonpublic school and to a career and technical
preparation program in developing appropriate forms and counseling
guidelines for purposes of this section.
Sec.
10. By May 1, 2001, and by March 1 of each school year
thereafter, a school district or state approved nonpublic school
shall provide general information about the career and technical
preparation enrollment options under this act to all pupils in
grade 8 or higher.
Sec. 11. (1) Each intermediate school district annually shall
collect from each of its constituent school districts and provide
to the department of education at the same time that it submits the
annual comprehensive financial report required under section 18 of
the state school aid act of 1979, 1979 PA 94, MCL 388.1618,
information for the immediately preceding school year on all of the
following:
(a) The amount of money expended by the school district for
payments required under this act.
(b) The number of eligible students who were enrolled in the
school district and the number of those eligible students who
enrolled in 1 or more eligible courses under this act and received
payment of all or part of eligible charges under this act, both in
the aggregate and by grade level.
(c) The percentage of the school district's enrollment
represented by the eligible students described in subdivision (b),
both in the aggregate and by grade level.
(d) The total number of courses for which the school district
made payment under this act, the number of those courses for which
postsecondary credit was granted, the number of those courses for
which high school credit was granted, and the number of those
courses that were not completed by the eligible student.
(2) Not later than March 1 of each year, the department shall
prepare and submit to the house and senate fiscal agencies and the
department of technology, management, and budget a summary annual
report
on the information received under subsection (1). this
section. The department of education and state treasurer shall work
cooperatively with the department in the preparation of this
report.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No. 622.
(b) Senate Bill No. 623.
(c) Senate Bill No. 710.