A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 12, 15,
17a, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22f, 22g, 22i,
22j, 24, 24a, 24c, 25e, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39,
39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94a, 98, 99,
99h, 101, 102, 104, 104b, 107, 147, 147b, 147c, 152a, 161, 163,
168, 201, 201a, 202a, 206, 209, 210, 213, 222, 224, 225, 229, 229a,
230, 236, 236a, 236b, 236c, 241, 242, 245, 252, 256, 263, 263a,
264, 265, 265a, 267, 268, 269, 270, 272a, 275, 276, 277, 278, 279,
280, 281, 282, 283, 284, 286, and 296 (MCL 388.1606, 388.1608b,
388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m,
388.1612, 388.1615, 388.1617a, 388.1618, 388.1619, 388.1620,
388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b,
388.1622d, 388.1622f, 388.1622g, 388.1622i, 388.1622j, 388.1624,
388.1624a, 388.1624c, 388.1625e, 388.1626a, 388.1626b, 388.1626c,
388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639,
388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a,
388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681,
388.1694a, 388.1698, 388.1699, 388.1699h, 388.1701, 388.1702,
388.1704, 388.1704b, 388.1707, 388.1747, 388.1747b, 388.1747c,
388.1752a, 388.1761, 388.1763, 388.1768, 388.1801, 388.1801a,
388.1802a, 388.1806, 388.1809, 388.1810, 388.1813, 388.1822,
388.1824, 388.1825, 388.1829, 388.1829a, 388.1830, 388.1836,
388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1842, 388.1845,
388.1852, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865,
388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1872a,
388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880,
388.1881, 388.1882, 388.1883, 388.1884, 388.1886, and 388.1896),
sections 6, 20, 21f, 24c, 25e, 26a, 74, 104b, and 107 as amended by
2013 PA 130, section 8b as amended by 2007 PA 92, sections 11, 11g,
17a, and 22a as amended and section 20g as added by 2013 PA 97,
sections 11a, 11j, 11k, 11m, 12, 15, 18, 19, 20d, 22b, 22d, 22f,
22g, 22i, 22j, 24, 24a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a,
41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 81, 94a, 98, 99, 101, 102,
104, 147, 147b, 147c, 152a, 201, 201a, 206, 209, 210, 224, 225,
229, 229a, 230, 236, 236a, 236b, 241, 245, 252, 263, 263a, 264,
265, 265a, 267, 268, 269, 270, 275, 276, 277, 278, 279, 280, 281,
and 282 as amended and sections 20f, 99h, 236c, and 272a as added
by 2013 PA 60, section 161 as amended by 1990 PA 207, section 163
as amended by 2007 PA 137, section 168 as added by 1993 PA 175,
sections 213, 222, 242, 256, 283, 284, and 286 as amended and
section 202a as added by 2012 PA 201, and section 296 as added by
2011 PA 62, and by adding sections 11r, 31b, 64b, 64c, 94, 95a,
102a, 207a, 207b, 230a, 298, 298a, 298b, and 298c; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE I
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, a public school academy, 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 current school
year. A district's, public school academy's, or intermediate district's membership
shall be adjusted as provided under section 25 25E for pupils who enroll in the
district, public school academy, or intermediate district after the pupil membership
count day. All pupil counts used in this subsection are as determined by the
department and calculated by adding the number of pupils registered for attendance
plus pupils received by transfer and minus pupils lost as defined by rules promulgated
by the superintendent, and as corrected by a subsequent department audit. For the
purposes of this section and section 6a, for a school of excellence that is a cyber
school, as defined in section 551 of the revised school code, MCL 380.551, and is in
compliance with section 553a of the revised school code, MCL 380.553a, a pupil's
participation in the cyber school's educational program is considered regular daily
attendance; for the education achievement system, a pupil's participation in an online
educational program of the education achievement system or of an achievement school is
considered regular daily attendance; and for a district a pupil's participation in an
online course as defined in section 21f 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, a public school
academy, the education achievement system, or an 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 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 or public school academy beginning its operation after
December 31, 1994, or for the education achievement system or an achievement school,
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, a public school academy, the education achievement system,
or an 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) To be counted in membership, a pupil shall meet the minimum age requirement
to be eligible to attend school under section 1147 of the revised school code, MCL
380.1147, or shall be enrolled under subsection (3) of that section, and shall be 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 175,000.
(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.
(iii) If a child does not meet the minimum age requirement to be eligible to
attend school for that school year under section 1147 of the revised school code, MCL
380.1147, but will be 5 years of age not later than December 1 of that school year,
the district may count the child in membership for that school year if the parent or
legal guardian has notified the district in writing that he or she intends to enroll
the child in kindergarten for that 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
pupil 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 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) Beginning in 2012-2013, full-time equated memberships for pupils in
kindergarten shall be determined by dividing the number of instructional 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. However, to
the extent allowable under federal law, for a district or public school academy that
provides evidence satisfactory to the department that it used federal title I money in
the 2 immediately preceding school fiscal years to fund full-time kindergarten, 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. The change in the counting of full-time equated memberships
for pupils in kindergarten that took effect for 2012-2013 is not a mandate.
(s) For a district, a public school academy, or the education achievement
system that has pupils enrolled in a grade level that was not offered by the district,
the 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
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, the public
school academy, or the education achievement system that is
educating the pupil.
(V) (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.
(W) (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.
(X) (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 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.
(Y) (aa) Full-time equated
memberships for 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
special education pupils who are not enrolled in kindergarten but are receiving early
childhood special education services under R 340.1755 or 340.1862 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.
(Z) (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.
(AA) (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.
(BB) (dd) A district, a 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.
(CC) (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.
(DD) (ff) For a pupil enrolled in
a dropout recovery program that meets the
requirements of section 23a, the pupil shall be counted as 1/12 of a full-time equated
membership for each month that the district operating the program reports that the
pupil was enrolled in the program and was in full attendance. However, a pupil counted
under this subdivision shall not be counted as more than 1.0 FTE in a fiscal year. The
district operating the program shall report to the center the number of pupils who
were enrolled in the program and were in full attendance for a month not later than
the tenth day of the next month. A district shall not report a pupil as being in full
attendance for a month unless both of the following are met:
(i) A personalized learning plan is in place on or before the first school day
of the month for the first month the pupil participates in the program.
(ii) The pupil meets the district's definition under section 23a of
satisfactory monthly progress for that month or, if the pupil does not meet that
definition of satisfactory monthly progress for that month, the pupil did meet that
definition of satisfactory monthly progress in the immediately preceding month and
appropriate interventions are implemented within 10 school days after it is determined
that the pupil does not meet that definition of satisfactory monthly progress.
(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 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 750.90h, 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 school, for the pupil's enrollment
in the Michigan virtual 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.
(p) An online learning pupil enrolled in a district other than the pupil's
district of residence as an eligible pupil under section 21f.
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, an intermediate
district, a public school academy, or the education achievement system 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, public school academy, or education
achievement system 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 45,000 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 to the
district of residence. Tuition pupil does not include a pupil who is a special
education pupil, a pupil described in subsection (6)(c) to (p), or a pupil whose
parent or guardian voluntarily enrolls the pupil in a district that is not the pupil's
district of residence. 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, for an achievement school, by the chancellor of the achievement authority 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.
Sec. 8b. (1) The department shall assign a district code to each public school
academy that is authorized under the revised school code and is eligible to receive
funding under this act ARTICLE within 30 days after a contract is submitted to the
department by the authorizing body of a public school academy.
(2) If the department does not assign a district code to a public school
academy within the 30-day period described in subsection (1), the district code the
department shall use to make payments under this act
ARTICLE to the newly authorized
public school academy shall be a number that is equivalent to the sum of the last
district code assigned to a public school academy located in the same county as the
newly authorized public school academy plus 1. However, if there is not an existing
public school academy located in the same county as the newly authorized public school
academy, then the district code the department shall use to make payments under this
act ARTICLE to the newly authorized public
school academy shall be a 5-digit number
that has the county code in which the public school academy is located as its first 2
digits, 9 as its third digit, 0 as its fourth digit, and 1 as its fifth digit. If the
number of public school academies in a county grows to exceed 100, the third digit in
this 5-digit number shall then be 8 7
for the public school academies in excess of
100.
Sec. 11. (1) For the fiscal year ending September
30, 2013, there is
appropriated for the public schools of this state and
certain other state purposes
relating to education the sum of $10,928,614,200.00 from
the state school aid fund and
the sum of $282,400,000.00 from the general fund. For the fiscal year ending
September
30, 2014 2015, there is appropriated for the
public schools of this state and certain
other state purposes relating to education the sum of $11,211,382,300.00
$11,790,976,900.00 from the state school aid fund, the
sum of $156,000,000.00
$18,000,000.00 from the MPSERS retirement obligation reform reserve fund created under
section 147b, and the sum of $234,900,000.00 $180,000,000.00 from the general fund. In
addition, all other available federal funds, except
those otherwise appropriated under
section 11p, are appropriated for the fiscal year ending September
30, 2013 and for
the fiscal year ending September 30, 2014 2015.
(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 296(2) and state payments in an amount equal to the remainder of the projected
shortfall shall be prorated in the manner provided under section 296(3).
(7) For 2013-2014 2014-2015, 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 $39,500,000.00 for the fiscal year ending September
30, 2014 and for 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, 2015.
(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.
(7) If a district eligible for payments under this section is dissolved under
section 12 of the revised school code, MCL 380.12, the payment otherwise due to the
dissolved district under this section shall be paid instead to the intermediate
district of the dissolved district. The intermediate district of the dissolved
district shall perform any functions and responsibilities of the board and other
officers of the dissolved district necessary under this section on behalf of the
dissolved district. As used in this subsection, "dissolved district" and "receiving
district" mean those terms as defined in section 20.
Sec. 11j. From the appropriation in section 11, there is allocated an amount
not to exceed $131,660,000.00 $142,600,000.00 for 2013-2014 2014-2015 for payments to
the school loan bond redemption fund in the department of treasury on behalf of
districts and intermediate districts. Notwithstanding section 296 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 2013-2014 2014-2015, 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 2013-
2014 2014-2015 an amount not to exceed
$4,000,000.00 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. 11r. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $10,000,000.00 to be deposited into the Distressed Districts
Emergency Grant Fund created under this section for the purpose of funding grants
under this section.
(2) The Distressed Districts Emergency Grant Fund is created as a separate
account within the state school aid fund. The state treasurer may receive money or
other assets from any source for deposit into the Distressed Districts Emergency Grant
Fund. The state treasurer shall direct the investment of the Distressed Districts
Emergency Grant Fund and shall credit to the Distressed Districts Emergency Grant Fund
interest and earnings from the fund.
(3) A district is eligible to receive a grant from the fund if either of the
following apply:
(a) the district has adopted a resolution authorizing the voluntary dissolution
of the district approved by the state treasurer under section 12(1)(C) of the revised
school code, MCL 380.12, but the dissolution has not yet taken effect under section
12(2) of the revised school code, mcl 380.12.
(b) The district is a receiving district under section 12 of the revised school
code, mcl 380.12, and the district enrolls pupils who were previously enrolled in a
district that was dissolved under section 12 of the revised school code, MCL 380.12,
in the previous school year.
(4) A district receiving funds under section 20g is not eligible to receive
funds under this section.
(5) the amount of A grant UNDER THIS SECTION shall be determined by the state
treasurer after consultation with the superintendent of public instruction, but shall
not exceed the estimated amount of remaining district costs in excess of available
revenues, including, but not limited to, payroll, benefits, RETIREMENT System
CONTRIBUTIONS, pupil transportation, food serviceS, special education, building
security, and other costs necessary to allow the district to operate schools directly
and provide public education services until the end of the current school FISCAL year.
For A district that meetS the eligibility criteria under subsection (3)(B), the amount
of the grant shall be determined IN THE SAME MANNER AS TRANSITION COSTS UNDER section
20g.
(6) Money in the Distressed Districts Emergency Grant Fund at the close of the
fiscal year shall remain in the Distressed Districts Emergency Grant Fund and shall
not lapse to the state school aid fund or to the general fund.
Sec. 12. It is the intent of the legislature to
appropriate and allocate for
FOR
the fiscal year ending
September 30, 2015 2016, the same amounts of money from the
same sources for the same purposes as are appropriated and allocated under this
article for the fiscal year ending September 30, 2014
2015, as adjusted for changes in
pupil membership, taxable values, special education costs, interest costs, RETIREMENT
COSTS and available revenue. These adjustments will be determined after the January
2014 2015 consensus revenue estimating
conference.
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, from the proceeds of a loan to
the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to
141.942, or from the proceeds of millage levied or pledged under section 1211 of the
revised school code, MCL 380.1211. State aid overpayments made in special education or
special education transportation payments may be recovered from subsequent special
education or special education transportation payments, from the proceeds of a loan to
the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to
141.942, or from the proceeds of millage levied or pledged under section 1211 of the
revised school code, MCL 380.1211.
(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 and may advance payments to the
district otherwise authorized under this article if the district would otherwise
experience a significant hardship in satisfying its financial obligations.
(3) If, BASED ON AN AUDIT BY THE DEPARTMENT OR THE DEPARTMENT’S DESIGNEE OR
because of the receipt of new or updated data
INFORMATION RECEIVED BY THE DEPARTMENT,
the department determines during a fiscal year that
the amount paid to a district or
intermediate district under this article for THE CURRENT FISCAL YEAR OR a prior fiscal
year was incorrect under the law in effect for that year,
the department may SHALL
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 IN THE NEXT
APPORTIONMENT AFTER THE ADJUSTMENT IS FINALIZED. The deduction or payment shall be
calculated according to the law in effect in the fiscal
year in which the improper
INCORRECT amount was paid. If the district does not receive an allocation for the
fiscal year or if the allocation is not sufficient to pay the amount of any deduction,
the amount of any deduction otherwise applicable shall be satisfied from the proceeds
of a loan to the district under the emergency municipal loan act, 1980 PA 243, MCL
141.931 to 141.942, or from the proceeds of millage levied or pledged under section
1211 of the revised school code, MCL 380.1211, as determined by the department.
(4) THE DEPARTMENT MAY CONDUCT AUDITS, OR MAY DIRECT AUDITS BY DESIGNEE OF THE
DEPARTMENT, OF ALL RECORDS FOR THE CURRENT FISCAL YEAR AND THE PRECEDING THREE FISCAL
YEARS RELATED TO A PROGRAM FOR WHICH A DISTRICT OR INTERMEDIATE DISTRICT HAS RECEIVED
FUNDS UNDER THIS ARTICLE.
(5) (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.
(6) (5) In addition to funds
appropriated in section 11 for all programs and
services, there is appropriated for 2013-2014 2014-2015 for obligations in excess of
applicable appropriations an amount equal to the collection of overpayments, but not
to exceed amounts available from overpayments.
Sec. 17a. (1) The department may withhold all or part of any payment that a
district or intermediate district is entitled to receive
under this act ARTICLE to the
extent the withholdings are a component part of a plan, developed and implemented
pursuant to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821,
the emergency municipal loan act, 1980 pa 243, mcl 141.931 to 141.942, the local
financial stability and choice act, 2012 pa 436, mcl 141.1541 to 141.1575, or other
statutory authority, for financing an outstanding obligation upon which the district
or intermediate district defaulted or for other financial obligations of the district
or intermediate district. Amounts withheld shall be used to pay, on behalf of the
district or intermediate district, unpaid amounts or subsequently due amounts, or
both, of principal and interest on the outstanding obligation upon which the district
or intermediate district defaulted.
(2) The state treasurer may withhold all or part of any payment that a district
or intermediate district is entitled to receive under this act
ARTICLE to the extent
authorized or required under section 15 of the school bond qualification, approval,
and loan act, 2005 PA 92, MCL 388.1935, the emergency municipal loan act, 1980 pa 243,
mcl 141.931 to 141.942, the local financial stability and choice act, 2012 pa 436, mcl
141.1541 to 141.1575, or other statutory authority.
(3) Under an agreement entered into by a district or intermediate district
assigning all or a portion of the payment that it is eligible to receive under this
act ARTICLE to the Michigan finance authority
or to the trustee of a pooled
arrangement or pledging the amount for payment of an obligation it incurred with the
Michigan finance authority or with the trustee of a pooled arrangement, the state
treasurer shall transmit to the Michigan finance authority or a trustee designated by
the Michigan finance authority or to the trustee of a pooled arrangement or other
designated depository the amount of the payment that is assigned or pledged under the
agreement.
(4) If a district or intermediate district for which
an emergency manager has
been appointed pursuant to is in place under the local financial stability and choice
act, 2012 PA 436, MCL 141.1541 to 141.1575, or that has an approved deficit
elimination plan or an approved enhanced deficit elimination plan under section 102,
enters into or has entered into an agreement described in subsection (3) pursuant to
section 1225(2) of the revised school code, MCL 380.1225, whether the obligation was
issued before or after the effective date of this subsection, the portion of state
school aid paid or to be paid on behalf of the district or intermediate district
directly to the Michigan finance authority, or to a trustee designated by the Michigan
finance authority, for the sole purpose of paying the principal of and interest on the
obligation is subject to a lien and trust that is a statutory lien and trust,
paramount and superior to all other liens and interests of any kind, for the sole
purpose of paying the principal of and interest on the obligation. The statutory lien
and trust applies to the state school aid received or to be received by the Michigan
finance authority, or trustee designated by the Michigan finance authority, on behalf
of the district or intermediate district, immediately upon the later of the effective
date of this subsection or the time when the state school aid is allocated to the
district or intermediate district, but is subject to any subsequent reduction of the
state school aid allocation by operation of law or executive order. The lien and trust
imposed by this section with respect to state school aid has a priority as established
in the agreement, except that the agreement shall not impair any existing lien and
trust previously created pursuant to this section, including any lien and trust
applicable to a multi-year repayment agreement under section 1225 of the revised
school code, MCL 380.1225. Except as otherwise provided in this subsection, the lien
and trust created under this subsection for the benefit of holders of the obligation
issued pursuant to this section is valid and binding against a party having a claim of
any kind in tort, contract, or otherwise against the district or intermediate district
that has issued the obligation secured by a pledge of state school aid pursuant to
this section, regardless of whether that party has notice of the pledge. A pledge made
pursuant to this section for the benefit of the holders of obligations or others is
perfected without delivery, recording, or notice. The state school aid paid or to be
paid on behalf of a district or intermediate district to the Michigan finance
authority, or trustee designated by the Michigan finance authority, shall be held in
trust for the sole benefit of the holders of the obligation issued pursuant to this
section or section 1225 of the revised school code, MCL 380.1225, and is exempt from
being levied upon, taken, sequestered, or applied toward paying the debts or
liabilities of the district or intermediate district other than for payment of the
obligation to which the lien applies. However, nothing in this subsection alters the
ability of the state treasurer to withhold state school aid from a district or
intermediate district as provided by law.
(5) Notwithstanding the payment dates prescribed by
this act ARTICLE for
distributions under this act ARTICLE, the state treasurer may advance all or part of a
payment that is dedicated for distribution or for which the appropriation authorizing
the payment has been made if and to the extent, under the terms of an agreement
entered into by a district or intermediate district and the Michigan finance
authority, the payment that the district or intermediate district is eligible to
receive has been assigned to or pledged for payment of an obligation it incurred with
the Michigan finance authority.
(6) This section does not require the state to make an appropriation to any
school district or intermediate school district and shall not be construed as creating
an indebtedness of the state, and any agreement made pursuant to this section shall
contain a statement to that effect.
(7) As used in this section, "trustee of a pooled arrangement" means the
trustee of a trust approved by the state treasurer and, subject to the conditions and
requirements of that approval, established for the purpose of offering for sale, as
part of a pooled arrangement, certificates representing undivided interests in notes
issued by districts or intermediate districts under section 1225 of the revised school
code, MCL 380.1225.
(8) If a trustee applies to the state treasurer for approval of a trust for the
purposes of this section, the state treasurer shall approve or disapprove the trust
within 10 days after receipt of the application.
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, 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 UNDER
SECTIONS
22A AND 22B or
intermediate district under this article UNDER SECTION 81
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 15 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.
(g) any deficit elimination plan or enhanced deficit elimination plan the
district was required to submit under this ARTICLE.
(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 PURPOSES of determining the reasonableness of expenditures,
WHETHER A DISTRICT OR INTERMEDIATE DISTRICT HAS RECEIVED THE PROPER AMOUNT OF FUNDS
UNDER THIS ARTICLE, 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, AND AT SUCH OTHER TIMES AS DETERMINED BY THE
DEPARTMENT. AUDITS MUST BE PERFORMED 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. RECORDS SHALL BE
RETAINED BY THE DISTRICT OR INTERMEDIATE DISTRICT FOR THE CURRENT FISCAL
YEAR AND FOR THE THREE PREVIOUS FISCAL YEARS.
(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 October 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 OCTOBER 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.
(11) Not later than September 1, 2014, if a
district or intermediate district
offers online learning, the district or intermediate
district shall submit to the
department a report that details the per-pupil costs of
operating the online learning.
The report shall include at least all of the following
information concerning the
operation of online learning for the school fiscal year
ending June 30, 2014:
(a) The name of the district operating the online
learning and of each district
that enrolled students in the online learning.
(b) The total number of students enrolled in the
online learning and the total
number of membership pupils enrolled in the online
learning.
(c) For each pupil who is enrolled in a district
other than the district
offering online learning, the name of that district.
(d) The district in which the pupil was enrolled
before enrolling in the
district offering online learning.
(e) The number of participating students who had
previously dropped out of
school.
(f) The number of participating students who had
previously been expelled from
school.
(g) The total cost to enroll a student in the
program. This cost shall be
reported on a per-pupil, per-course, per-semester or
trimester basis. The total shall
include costs broken down by cost for training, personnel,
hardware and software,
payment to each online learning provider, and other costs
associated with operating
online learning.
(h) The name of each online education provider
contracted by the district and
the state in which each online education provider is
headquartered.
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
establish and maintain a statewide 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 school fiscal year ending in the
fiscal 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 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 school or district accountability designations
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.
(7) It is the intent of the legislature to
implement not later than 2014-2015
statewide standard reporting requirements for education
data approved by the
department in conjunction with the center. The department
shall work with the center,
intermediate districts, districts, and other interested
stakeholders to develop
recommendations on the implementation of this policy
change. A district or
intermediate district shall implement the statewide
standard reporting requirements
not later than 2014-2015 or when a district or intermediate
district updates its
education data reporting system, whichever is later.
Sec. 20. (1) For 2013-2014, 2014-2015:
(A)
the EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, THE basic foundation
allowance is $8,049.00 $8,132.00. HOWEVER, FOR PURPOSES OF THE CALCULATION IN
SUBSECTION (3), THE BASIC FOUNDATION ALLOWANCE IS $8,077.00.
(B) THE MINIMUM FOUNDATION ALLOWANCE FOR THE CURRENT STATE FISCAL YEAR IS
$7,187.00.
(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,
MINIMUM FOUNDATION ALLOWANCE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR 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
greater of $6,966.00 or 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 DIFFERENCE
BETWEEN THE BASIC FOUNDATION ALLOWANCE FOR THE CURRENT
STATE FISCAL YEAR AND BASIC FOUNDATION ALLOWANCE FOR THE immediately preceding state
fiscal year to the current state fiscal year made in the
basic foundation allowance
minus $10.00 $8.00) 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
MINIMUM FOUNDATION ALLOWANCE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR) 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 MINIMUM
FOUNDATION ALLOWANCE FOR THE IMMEDIATELY
PRECEDING
STATE FISCAL YEAR]. For
2011-2012, 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.
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 in an amount equal to the district's foundation
allowance for 2010-2011,
minus $470.00.
(B) (c) Except as otherwise provided
in subdivision (d), for FOR a district
that in the 1994-95 state fiscal year had a
foundation allowance FOR THE IMMEDIATELY
PRECEDING
STATE FISCAL YEAR THAT WAS AT LEAST EQUAL TO OR greater than $6,500.00 THE
BASIC FOUNDATION ALLOWANCE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR, 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, 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.
(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.
(C) (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.
(D) (g) For a district that received a
payment under section 22c as that
section was in effect for 2006-2007 2013-2014, the district's 2013-2014 foundation
allowance shall be considered to have been an amount equal to the sum of the
district's actual 2006-2007 2013-2014 foundation allowance as otherwise calculated
under this section plus the per pupil amount of the district's equity payment for
2006-2007 2013-2014 under section 22c as that section
was in effect for 2006-2007
2013-2014.
(h) For 2012-2013, for a district that had a
foundation allowance for the 2011-
2012 state fiscal year of less than $6,966.00, the
district's foundation allowance is
an amount equal to $6,966.00.
(E) FOR 2014-2015, EACH DISTRICT’S FOUNDATION ALLOWANCE SHALL BE THE SUM OF THE
FOUNDATION ALLOWANCE OTHERWISE CALCULATED UNDER THIS SUBSECTION AND $55.00.
(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 LOCAL
PORTION OF THE DISTRICT’S FOUNDATION ALLOWANCE
divided by the district's membership excluding special education pupils. For a
district described in subsection (3)(c) THAT IN THE 1994-95 STATE FISCAL YEAR HAD A
FOUNDATION ALLOWANCE GREAT THAN $6,500.00, 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 LOCAL
PORTION OF THE DISTRICT’S
FOUNDATION ALLOWANCE 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. For a
receiving district, if school operating taxes continue to be levied on behalf of a
dissolved district that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, the taxable value per membership pupil of property in
the receiving district used for the purposes of this
subsection , does not include
the taxable value of property within the geographic area of the dissolved district.
(5) The allocation calculated under this section for a pupil shall be based on
the foundation allowance of the pupil's district of residence. 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) Except as otherwise provided in this subsection, for pupils in membership,
other than special education pupils, in a public school academy, the allocation
calculated under this section is an amount per membership pupil other than special
education pupils in the public school academy equal to the foundation allowance of the
district in which the public school academy is located or the state maximum public
school academy allocation, whichever is less. However, a public school academy 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 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) 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 equal to the foundation
allowance of the district in which the achievement school is located, not to exceed
the basic foundation allowance. 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. For the purposes of this subsection,
if a public school is transferred from a district to the state school reform/redesign
district or the achievement authority under section 1280c of the revised school code,
MCL 380.1280c, that public school is considered to be an achievement school within the
education achievement system and not a school that is part of a district, and a pupil
attending that public school is considered to be 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 lesser of the sum of
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 plus $100.00 or the highest foundation
allowance among the original or affected districts. This subsection does not apply to
a receiving district unless there is a subsequent consolidation or annexation that
affects the district.
(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. 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) 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. All of the
following apply to districts
receiving a foundation allowance adjustment under this
subsection:
(a) Except as otherwise provided in this
subdivision, 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. For an
individual school or schools
operated by a district qualifying for a foundation
allowance adjustment 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
subdivision. 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.
(b) 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.
(c) Notwithstanding subsection (8), for a
district that is formed or
reconfigured by consolidation of 2 or more districts, 1 of
which received an
adjustment under this subsection for 2012-2013, the
resulting district's foundation
allowance for 2013-2014 and each succeeding fiscal year
shall be adjusted to be an
amount equal to the sum of the resulting district's
foundation allowance as calculated
under subsection (8) excluding any adjustment calculated
under this subsection plus
[(the original district's adjustment under this subsection
in 2012-2013 times the
number of pupils in the original district's membership for
2012-2013) divided by the
number of pupils in the resulting district's membership for
2013-2014].
(d) Beginning in 2013-2014, for a district that
received an adjustment for the
immediately preceding fiscal year and that had a foundation
allowance as adjusted by
this subsection for the immediately preceding fiscal year
equal to $6,966.00, the
district shall not receive an adjustment under this section
for the current fiscal
year.
(12) (13) Payments to districts,
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.
(13) (14) 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.
(14) (15) 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) "Dissolved district" means a district that loses its organization, has its
territory attached to 1 or more other districts, and is dissolved as provided under
section 12 of the revised school code, MCL 380.12.
(f) "Immediately preceding state fiscal year" means the state fiscal year
immediately preceding the current state fiscal year.
(G) "LOCAL PORTION OF THE DISTRICT’S FOUNDATION ALLOWANCE" MEANS AN AMOUNT THAT
IS 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 PRODUCT OF THE CAPTURED ASSESSED VALUATION UNDER TAX INCREMENT FINANCING ACTS
TIMES THE DISTRICT’S CERTIFIED MILLS DIVIDED BY THE DISTRICT’S MEMBERSHIP EXCLUDING
SPECIAL EDUCATION PUPILS.
(H) (g) "Local school
operating revenue" means school operating taxes levied
under section 1211 of the revised school code, MCL 380.1211. For a receiving district,
if school operating taxes are to be levied on behalf of a dissolved district that has
been attached in whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the revised school code, MCL
380.12, local school operating revenue does not include school operating taxes levied
within the geographic area of the dissolved district.
(I) (h) "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.
(J) (i) "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 AMOUNT
OF THE DIFFERENCE BETWEEN THE BASIC FOUNDATION
ALLOWANCE FOR THE CURRENT STATE FISCAL YEAR AND THE BASIC FOUNDATION FOR 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 AMOUNT
OF THE DIFFERENCE BETWEEN THE BASIC FOUNDATION ALLOWANCE FOR THE CURRENT STATE FISCAL
YEAR
AND THE BASIC FOUNDATION FOR THE immediately preceding state fiscal year to the
current state fiscal year made in the basic foundation
allowance minus $10.00
$8.00)
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 MINIMUM FOUNDATION
ALLOWANCE FOR THE IMMEDIATELY PRECEDING STATE FISCAL
YEAR) 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 MINIMUM FOUNDATION
ALLOWANCE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR].
(K) (j) "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.
(L) "MINIMUM FOUNDATION ALLOWANCE FOR THE IMMEDIATELY PRECEDING STATE FISCAL
YEAR," MEANS $7,076.00.
(M) (k) "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.
(N) (l) "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.
(O) (m) "Receiving
district" means a district to which all or part of the
territory of a dissolved district is attached under section 12 of the revised school
code, MCL 380.12.
(P) (n) "School operating
purposes" means the purposes included in the
operation costs of the district as prescribed in sections 7 and 18 and purposes
authorized under section 1211 of the revised school code, MCL 380.1211.
(Q) (o) "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.
(R) (p) "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.
(S) (q) "Taxable value per
membership pupil" means taxable value, as certified
by the department of treasury COUNTY TREASURER AND REPORTED TO THE DEPARTMENT, 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 2013-2014
2014-2015, the department and
the department of treasury shall comply with all of the following:
(a) For a district that had combined state 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. 20f. (1) From the funds appropriated in section 11, there is allocated an
amount not to exceed $6,000,000.00 for 2013-2014 2014-2015 for payments to eligible
districts under this section. A district is eligible for funding under this section if
the sum of the following is less than $5.00:
(a) The increase in the district's foundation
allowance or per pupil payment as
calculated under section 20 from 2012-2013 to 2013-2014.
(b) The district's equity payment per membership
pupil under section 22c.
(c) The quotient of the district's allocation under
section 147a for 2012-2013
divided by the district's membership pupils for 2012-2013
minus the quotient of the
district's allocation under section 147a for 2013-2014
divided by the district's
membership pupils for 2013-2014 DISTRICT
RECEIVED A PAYMENT UNDER THIS SECTION AS IT
WAS IN EFFECT FOR 2013-2014.
(2) The amount allocated to each eligible district under this section is an
amount per membership pupil equal to $5.00 minus the sum
of the following:
(a) The increase in the district's foundation
allowance or per pupil payment as
calculated under section 20 from 2012-2013 to 2013-2014.
(b) The district's equity payment per membership
pupil under section 22c.
(c) The quotient of the district's allocation under
section 147a for 2012-2013
divided by the district's membership pupils for 2012-2013
minus the quotient of the
district's allocation under section 147a for 2013-2014
divided by the district's
membership pupils for 2013-2014 THE
AMOUNT PER MEMBERSHIP PUPIL THE DISTRICT RECEIVED
IN 2013-2014.
(3) IF THE ALLOCATION UNDER SUBSECTION (1) IS INSUFFICIENT TO FULLY FUND
PAYMENTS AS OTHERWISE CALCULATED UNDER THIS SECTION, THE DEPARTMENT SHALL PRORATE
PAYMENTS UNDER THIS SECTION ON AN EQUAL PER-PUPIL BASIS.
Sec. 20g. (1) From the general fund money FUNDS appropriated under section 11,
there is allocated an amount not to exceed $2,200,000.00
for 2013-2014 2014-2015 for
grants to eligible districts for transition costs related to the enrollment of pupils
who were previously enrolled in a district that was dissolved under section 12 of the
revised school code, MCL 380.12 AND FIRST RECEIVED PAYMENTS UNDER THIS SECTION IN
2013-2014. It is the intent of the
legislature to continue this transition funding
FUNDING UNDER THIS SECTION WILL CONTINUE for a total of 4 fiscal years following the
dissolution of a district, AT WHICH TIME PAYMENTS WILL CEASE.
(2) A receiving school district, as that term is defined in section 12 of the
revised school code, MCL 380.12, is an eligible district under this section.
(3) The amount allocated to each eligible district under this section is an
amount equal to the product of the number of membership pupils enrolled in the
eligible district who were previously enrolled in the dissolved district in the school
year immediately preceding the dissolution, or who reside in the geographic area of
the dissolved district and are entering kindergarten, times 10.0% of the lesser of the
foundation allowance of the eligible district as calculated under section 20 or the
basic foundation allowance under section 20(1).
Sec. 21f. (1) A pupil enrolled in a district in any
of grades 5 7 to 12 is
eligible to enroll in an online course as provided for in
this section. However, this
section does not apply to a pupil enrolled in a school of
excellence that is a cyber
school, as defined in section 551 of the revised school
code, MCL 380.551.
(2) With the consent of the pupil's parent or legal guardian, a district shall
enroll an eligible pupil in up to 2 online courses as DEFINED IN THIS SECTION AND
requested by the pupil during an academic term, semester,
or trimester. It is the
intent of the legislature to consider increasing the limit
on the number of online
courses that a pupil may enroll in beginning in 2014-2015
for pupils who have
demonstrated previous success with online courses. A district may not establish
additional requirements which would prohibit a pupil from taking an online course. IF
A PUPIL HAS DEMONSTRATED PREVIOUS SUCCESS WITH ONLINE COURSES AND THE SCHOOL
LEADERSHIP AND THE PUPIL'S PARENT OR GUARDIAN DETERMINE THAT IT IS IN THE BEST
INTEREST OF THE PUPIL, A PUPIL MAY BE ENROLLED IN MORE THAN 2 ONLINE COURSES IN A
SPECIFIC ACADEMIC TERM, SEMESTER, OR TRIMESTER. Consent of the pupil's parent or legal
guardian is not required if the pupil is at least age 18 or is an emancipated minor.
(3) An eligible pupil may enroll in an online course published in the pupil's
educating district's catalog of online courses described in subsection (7)(a) or the
statewide catalog of online courses maintained by the Michigan virtual university
pursuant to section 98.
(4) A district shall determine whether or not it has capacity to accept
applications for enrollment from nonresident applicants in online courses and may use
that limit as the reason for refusal to enroll an applicant. If the number of
nonresident applicants eligible for acceptance in an online course does not exceed the
capacity of the district to provide the online course, the district shall accept for
enrollment all of the nonresident applicants eligible for acceptance. If the number of
nonresident applicants exceeds the district's capacity to provide the online course,
the district shall use a random draw system, subject to the need to abide by state and
federal antidiscrimination laws and court orders.
(5) A district may deny a pupil enrollment in an online course if any of the
following apply, as determined by the district:
(a) The pupil has previously gained the credits provided from the completion of
the online course.
(b) The online course is not capable of generating academic credit.
(c) The online course is inconsistent with the remaining graduation
requirements or career interests of the pupil.
(d) The pupil does not possess the prerequisite knowledge and skills to be
successful in the online course or has demonstrated failure in previous online
coursework in the same subject.
(e) The online course is of insufficient quality or rigor. A district that
denies a pupil enrollment for this reason shall make a reasonable effort to assist the
pupil to find an alternative course in the same or a similar subject that is of
acceptable rigor and quality.
(f) If the cost of the online course exceeds the amount identified in
SUBSECTION (8).
(G) the online course enrollment request does not occur within the same
timelines established by the district for face-to-face enrollment and schedule
changes.
(6) If a pupil is denied enrollment in an online course by a district, the
pupil may appeal the denial by submitting a letter to the superintendent of the
intermediate district in which the pupil's educating district is located. The letter
of appeal shall include the reason provided by the district for not enrolling the
pupil and the reason why the pupil is claiming that the enrollment should be approved.
The intermediate district superintendent or designee shall respond to the appeal
within 5 days after it is received. If the intermediate district superintendent or
designee determines that the denial of enrollment does not meet 1 or more of the
reasons specified in subsection (5), the district shall allow the pupil to enroll in
the online course.
(7) To offer or provide an online course UNDER THIS SECTION, a district OR
INTERMEDIATE DISTRICT shall do all of the following:
(a) Provide the Michigan virtual university with the course syllabus in a form
and method prescribed by the Michigan virtual university for inclusion in a statewide
online course catalog. The district OR INTERMEDIATE DISTRICT shall also provide on its
publicly accessible website a link to the course syllabi for all of the online courses
offered by the district OR INTERMEDIATE DISTRICT and a link to the statewide catalog
of online courses maintained by the Michigan virtual university.
(b) Offer the online course on an open entry and exit method, or aligned to a
semester, trimester, or accelerated academic term format.
(c) Not later than OCTOBER 1, 2014, provide the Michigan virtual university with
the number of enrollments in each online course the district OR INTERMEDIATE DISTRICT
offered to pupils PURSUANT TO THIS SECTION in the prior school year, and The number of
enrollments that earned 60 percent or More of the total course points for each online
course.
(8) For a pupil enrolled in 1 or more online courses published in the pupil's
educating district's catalog of online courses under subsection (7) or in the
statewide catalog of online courses maintained by the Michigan virtual university, the
district shall use foundation allowance or per pupil funds calculated under section 20
to pay for the expenses associated with the online course
or courses. The district
shall pay 80% of the cost of the online course upon
enrollment and 20% upon completion
as determined by the district. A district is not required to pay
toward the cost of an
online course an amount that exceeds 1/12 6.25% of the district's MINIMUM foundation
allowance or per pupil payment FOR THE CURRENT FISCAL YEAR as calculated under section
20 per semester or an amount that exceeds 1/18 of the
district's foundation allowance
or per pupil payment as calculated under section 20 per
trimester.
(9) An online learning pupil shall have the same rights and access to
technology in his or her PRIMARY educating district's school facilities as all other
pupils enrolled in the PRIMARY educating district.
(10) If a pupil successfully completes an online course, as determined by the
PRIMARY district, the pupil's PRIMARY district shall grant appropriate academic credit
for completion of the course and shall count that credit toward completion of
graduation and subject area requirements. A pupil's school record and transcript shall
identify the online course title as it appears in the online course syllabus.
(11) The enrollment of a pupil in 1 or more online courses shall not result in
a pupil being counted as more than 1.0 full-time equivalent
pupils under this act
ARTICLE.
(12) As used in this section:
(a) "Online course" means a course of study that is capable of generating a
credit or a grade, that is provided in an interactive internet-connected learning
environment, in which pupils are separated from their teachers by time or location, or
both, and in which a teacher who holds a valid Michigan teaching certificate is
responsible for determining appropriate instructional methods for each pupil,
diagnosing learning needs, assessing pupil learning, prescribing intervention
strategies, reporting outcomes, and evaluating the effects of instruction and support
strategies.
(b) "Online course syllabus" means a document that includes all of the
following:
(i) The state academic standards addressed in an online course.
(ii) The online course content outline.
(iii) The online course required assessments.
(iv) The online course prerequisites.
(v) Expectations for actual instructor contact time with the online learning
pupil and other pupil-to-instructor communications.
(vi) Academic support available to the online learning pupil.
(vii) The online course learning outcomes and objectives.
(viii) The name of the institution or organization providing the online
content.
(ix) The name of the institution or organization providing the online
instructor.
(x) The course titles assigned by the district OR INTERMEDIATE DISTRICT and the
course titles and course codes from the national center for education statistics
(NCES) school codes for the exchange of data (SCED).
(xi) The number of eligible nonresident pupils that will be accepted by the
district OR INTERMEDIATE DISTRICT in the online course.
(xii) The results of the online course quality review using the guidelines and
model review process published by the Michigan virtual university.
(c) "Online learning pupil" means a pupil enrolled in 1 or more online courses.
(D) "PRIMARY DISTRICT" MEANS THE DISTRICT THAT ENROLLS THE PUPIL AND REPORTS
THE FTE FOR PUPIL MEMBERSHIP PURPOSES.
Sec. 22a. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $5,630,000,000.00 for 2012-2013 and
there is allocated an amount
not to exceed $5,536,700,000.00 $5,403,000,000.00 for 2013-2014 2014-2015 for payments
to districts and qualifying public school academies to guarantee each district 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. For a receiving district, if school operating taxes are to be levied on behalf
of a dissolved district that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, taxable value per membership pupil of all property in
the receiving district that is nonexempt property and taxable value per membership
pupil of property in the receiving district that is commercial personal property do
not include property within the geographic area of the dissolved district; ad valorem
property tax revenue of the receiving district captured under tax increment financing
acts does not include ad valorem property tax revenue captured within the geographic
boundaries of the dissolved district under tax increment financing acts; and certified
mills do not include the certified mills of the dissolved district.
(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. For a receiving
district, if school operating taxes are to be levied on behalf of a dissolved district
that has been attached in whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the revised school code, MCL
380.12, ad valorem property tax revenue captured under tax increment financing acts do
not include ad valorem property tax revenue captured within the geographic boundaries
of the dissolved district under tax increment financing acts.
(3) Beginning in 2003-2004, for pupils in membership in a qualifying public
school academy, 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 an amount equal to the 1994-95 per pupil payment to
the qualifying public school academy under section 20.
(4) A district or qualifying public school academy may use funds allocated
under this section in conjunction with any federal funds for which the district or
qualifying public school academy otherwise would be eligible.
(5) Except as otherwise provided in this subsection, 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. This
subsection does not apply to a receiving district unless there is a subsequent
consolidation or annexation that affects the district.
(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. For a receiving
district, if school operating taxes are to be levied on behalf of a dissolved district
that has been attached in whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the revised school code, MCL
380.12, taxable value per membership pupil does not include the taxable value of
property within the geographic area of the dissolved district.
(e) "Dissolved district" means a district that loses its organization, has its
territory attached to 1 or more other districts, and is dissolved as provided under
section 12 of the revised school code, MCL 380.12.
(f) "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. For a receiving district, if school operating taxes are to be levied on behalf
of a dissolved district that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, school operating taxes do not include school
operating taxes levied within the geographic area of the dissolved district.
(g) "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.
(h) "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.
(i) "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.
(j) "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.
(k) "Receiving district" means a district to which all or part of the territory
of a dissolved district is attached under section 12 of the revised school code, MCL
380.12.
(l) "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 as defined in section 20.
(m) "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.
(n) "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. For a receiving district, if school operating taxes are to be levied on
behalf of a dissolved district that has been attached in whole or in part to the
receiving district to satisfy debt obligations of the dissolved district under section
12 of the revised school code, MCL 380.12, mills do not include mills within the
geographic area of the dissolved district.
(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. For a receiving district, if school operating taxes are to be levied on
behalf of a dissolved district that has been attached in whole or in part to the
receiving district to satisfy debt obligations of the dissolved district under section
12 of the revised school code, MCL 380.12, school operating taxes do not include
school operating taxes levied within the geographic area of the dissolved district.
Sec. 22b. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $3,215,000,000.00 for 2012-2013 and
there is allocated an amount
not to exceed $3,373,700,000.00 $3,578,000,000.00 for 2013-2014 2014-2015 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) Subject to subsection (3) and section 296, 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(11), minus the sum of the allocations to the
district under sections 22a and 51c.
(3) In order to receive an allocation under subsection (1), each district shall
do all of the following:
(a) Comply with section 1280b of the revised school code, MCL 380.1280b.
(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.
(e) Comply with section 21f.
(4) 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) 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) 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) 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 (2). 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) 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 (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 (2).
(9) 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) 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) 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
$2,584,600.00 is allocated for 2013-2014 2014-2015 for supplemental payments to rural
districts under this section.
(2) From the allocation under subsection (1), there
is allocated for 2013-2014
2014-2015 an amount not to exceed $957,300.00 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 for 2013-2014 2014-2015 an amount not to exceed $1,627,300.00 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
2013-2014 2014-2015 an amount not to exceed
$80,000,000.00 to provide incentive
payments to districts that meet best practices under this section. Payments received
under this section may be used for any purpose for which payments under sections 22a
and 22b may be used.
(2) The amount of the incentive payment under this section is an amount equal
to $52.00 per pupil. A district shall receive an incentive payment under this section
if the district satisfies at least 7 of the following requirements not later than June
1, 2014 2015:
(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 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 or a district with a voluntary employee beneficiary
association that pays no more than the maximum per employee contribution amount and
that contributes no more than the maximum employer contribution percentage of total
annual costs for the medical benefit plans as described in sections 3 and 4 of the
publicly funded health insurance contribution act, 2011 PA 152, MCL 15.563 and 15.564,
is considered to have satisfied this requirement.
(b) The district has obtained competitive bids on the provision of pupil
transportation, food service, custodial, or 1 or more other noninstructional services
for 2013-2014 2014-2015. In comparing competitive bids to
the current costs of
providing 1 or more of these services, a district shall exclude the unfunded accrued
liability costs for retirement and other benefits from the district's current costs.
(c) The district accepts applications for enrollment by nonresident applicants
under section 105 or 105c. A public school academy is considered to have met this
requirement.
(d) The district monitors individual pupil academic growth in each subject area
at least twice during the school year using competency-based online assessments and
reports those results to the pupil and his or her parent or guardian, or provides the
department with a plan and is able to show progress toward developing the technology
infrastructure necessary for the implementation of pupil academic growth assessments
by 2014-2015.
(e) The district supports opportunities for pupils to receive postsecondary
credit while attending secondary school, by doing at least 1 of the following, and
makes all eligible pupils and their parents or guardians aware of these opportunities:
(i) Supports attendance of district pupils under the postsecondary enrollment
options 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 college-level equivalent courses, as defined in section 1471 of the
revised school code, MCL 380.1471.
(iii) Participates in a middle college. For the purposes of this subparagraph,
"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) If a district does not offer any high school grades, the district informs
all pupils and parents of the opportunities that are available for postsecondary
options during high school.
(f) The district offers online courses or blended learning opportunities to all
eligible pupils. In order to satisfy this requirement, a district must make all
eligible pupils and their parents or guardians aware of these opportunities and must
publish an online course syllabus as described in section 21f for each online course
that the district offers. For the purposes of this subdivision:
(i) "Blended learning" means a hybrid instructional delivery model where pupils
are provided content, instruction, and assessment in part at a supervised educational
facility away from home where the pupil and a teacher with a valid Michigan teaching
certificate are in the same physical location and in part through internet-connected
learning environments with some degree of pupil control over time, location, and pace
of instruction.
(ii) "Online course" means a course of study that is capable of generating a
credit or a grade, that is provided in an interactive internet-connected learning
environment, in which pupils are separated from their teachers by time or location, or
both, and in which a teacher with a valid Michigan teaching certificate is responsible
for determining appropriate instructional methods for each pupil, diagnosing learning
needs, assessing pupil learning, prescribing intervention strategies, reporting
outcomes, and evaluating the effects of instruction and support strategies.
(g) 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 revenue and expenditure projections for the
district for fiscal year 2013-2014 and fiscal year
2014-2015 AND FISCAL YEAR 2015-
2016, a listing of all debt service obligations, detailed by project, including
anticipated fiscal year 2013-2014 2014-2015 payment for each project, a listing of
total outstanding debt, and 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.
(h) The district provides physical education or provides health education.
(3) 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 2014-2015 2015-2016.
(4) If the department determines that funds allocated under this section will
remain unexpended after the initial allocation of $52.00 per pupil to eligible
districts under subsection (2), the remaining unexpended amount is allocated on an
equal per pupil basis to districts that meet the requirements of subsection (2) and
that have a foundation allowance, as calculated under section 20, in an amount that is
less than the basic foundation allowance under that section.
Sec. 22g. (1) From the funds appropriated in section 11, there is allocated for
2013-2014 2014-2015 only an amount not to exceed
$5,000,000.00 for competitive
assistance grants to districts and intermediate districts.
(2) Funds received under this section may be used for reimbursement of
transition costs associated with the consolidation of OPERATIONS OR SERVICES BETWEEN 2
OR MORE DISTRICTS, INTERMEDIATE DISTRICTS, OR OTHER LOCAL UNITS OF GOVERNMENT OR THE
CONSOLIDATION OF districts or intermediate districts. Grant funding shall be available
for consolidations that occur on or after June 1, 2013
2014. The department shall
develop an application process and method of grant distribution.
Sec. 22i. (1) From the state school aid fund
money FUNDS appropriated in
section 11, there is allocated for 2013-2014 2014-2015 an amount not to exceed
$45,000,000.00 $50,000,000.00 for the technology infrastructure
grant program for
districts or intermediate districts on behalf of their constituent districts. Funds
received under this subsection shall be used for the development or improvement of a
district's technology infrastructure, the shared services consolidation of technology
and data, and hardware in preparation for the planned implementation in 2014-2015 of
online growth assessments.
(2) The department shall develop a competitive application process and method
of grant distribution to eligible districts and intermediate districts that
demonstrate need for grants under subsection (1). The department may consult with the
department of technology, management, and budget during the grant process and grant
distribution. Grants to districts shall not exceed $2,000,000.00 per district. A grant
to an intermediate district on behalf of its constituent districts shall not exceed
$2,000,000.00 per constituent district. To receive a grant under subsection (1), an
intermediate district shall demonstrate that a grant awarded to the intermediate
district on behalf of its constituent districts would provide savings compared to
providing grants to individual districts.
(3) From the general fund money appropriated in
section 11, there is allocated
an amount not to exceed $5,000,000.00 for 2013-2014 to be
awarded through a
competitive bid process to a single provider of whole-school
technology as described
in this subsection. The department shall issue a single
request for proposal with
application rules written and administered by the
department, and with a focus on
economic and geographic diversity. To be eligible to receive
the grant under this
section, a provider shall meet all of the following:
(a) Agrees to submit evaluation criteria in a form
and manner determined by the
department.
(b) Provides at least all of the following:
(i) One-to-one mobile devices.
(ii) Laptop or desktop computers for each
classroom.
(iii) On- and off-campus filtering.
(iv) Wireless networks and peripherals.
(v) Wireless audio equipment.
(vi) Operating software.
(vii) Instructional software.
(viii) Repairs and replacements.
(ix) Professional development.
(x) Ongoing support.
(3) FROM THE AMOUNT ALLOCATED IN SUBSECTION (1), THERE IS ALLOCATED FOR 2014-
2015 AN AMOUNT NOT TO EXCEED $8,500,000.00 FOR the FOLLOWING PURPOSES:
(A) Converting existing student assessments to online assessments.
(B) Providing paper and pencil test versions to districts not prepared to
implement online assessments.
(C) Expanding writing assessments to additional grade levels.
(D) Providing an increased number of constructed response test questions so
that pupils can demonstrate higher-order skills such as problem solving and
communicating reasoning.
Sec. 22j. (1) From the appropriation in section 11, there is allocated for
2013-2014 2014-2015 an amount not to exceed $46,400,000.00
to provide separate
incentive payments to districts that meet student academic performance funding goals
under subsections (2) to (5). Payments received under this section may be used for any
purpose for which payments under sections 22a and 22b may be used.
(2) The maximum amount of the incentive payment for student academic
performance is an amount equal to $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 a model determined by the department that 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 2012-2013 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 determined by the department, over the
school year, 0 points.
(ii) For each pupil who began the school year performing proficiently in
mathematics and declines in proficiency, as determined by the department, 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 determined by the
department, 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 determined by the
department, 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 determined by the department, 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 determined by the department, over the
school year, 2 points.
(b) The department shall then calculate a district average for this metric for
the 2011-2012 2012-2013 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 2012-2013 school year under subdivision (b)
is at least equal to a factor of 1.5, and the district tested at least 95% of its
pupils in mathematics, and the district had at least 30 full academic year pupils in
grades 3 to 8 with a performance level change designation in mathematics.
(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 a model determined by the department that 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 2012-2013 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 determined by the department, over the
school year, 0 points.
(ii) For each pupil who began the school year performing proficiently in
reading and declines in proficiency, as determined by the department, 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 determined by the department, over the
school year, 1 point.
(iv) For each pupil who began the school year performing proficiently in
reading and who maintains proficiency, as determined by the department, 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 determined by the department, 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 determined by the department, over the
school year, 2 points.
(b) The department shall then calculate a district average for this metric for
the 2011-2012 2012-2013 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 2012-2013 school year under subdivision (b)
is at least equal to a factor of 1.5, and the district tested at least 95% of its
pupils in reading, and the district had at least 30 full academic year pupils in
grades 3 to 8 reading with a performance level change designation in reading.
(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
2012-2013 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 2012-2013 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
2012-2013 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 2012-2013 school year under subdivision (a)
is positive, and the district tested
95% of high school pupils in each tested subject on state assessments, and the
district had at least 20 full academic year pupils take all tested subjects on state
assessments of high school pupils over each of the most recent 4 years.
(6) If the allocation under subsection (1) is insufficient to fully fund
payments as otherwise calculated under this section, the department shall prorate
payments under this section on an equal percentage basis.
Sec. 24. (1) From the appropriation in section 11,
there is allocated for 2013-
2014 2014-2015 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 article 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 an amount
not to exceed $2,167,500.00 $2,195,500.00 for 2013-2014 2014-2015 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 an amount
not to exceed $1,500,000.00 for 2013-2014 2014-2015 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 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. 25e. (1) The center shall work with the
department, districts, and
intermediate districts to develop a PUPIL
TRANSFERS UNDER THIS SECTION SHALL BE
PROCESSED USING THE pupil membership transfer application and a pupil transfer process
ADMINISTERED
BY THE CENTER under
this section. The center shall complete development
of this pupil membership transfer application not later
than November 1, 2013.
(2) If a pupil counted in membership for the pupil membership count day
transfers from a district or intermediate district to enroll in another district or
intermediate district after the pupil membership count day and before the supplemental
count day and, due to the pupil's enrollment and attendance status as of the pupil
membership count day, the pupil was not counted in membership in the educating
district or intermediate district, the educating district or intermediate district may
report the enrollment and attendance information to the center through the pupil
transfer process within 30 days after the transfer or within 30 days after the sixth
Wednesday after the pupil membership count day, whichever is later. Pupil transfers
may be submitted no earlier than the first day after the certification deadline for
the pupil membership count day and before the supplemental count day. Upon receipt of
the transfer information under this subsection indicating that a pupil has enrolled
and is in attendance in an educating district or intermediate district as described in
this subsection, the pupil transfer process shall do the following:
(a) Notify the district in which the pupil was previously enrolled.
(b) Notify both the pupil auditing staff of the intermediate district in which
the educating district is located and the pupil auditing staff of the intermediate
district in which the district that previously enrolled the pupil is located. The
pupil auditing staff shall approve or deny the pupil membership transfer.
(c) Aggregate the districtwide changes and notify the department for use in
adjusting the state aid payment system.
(3) The department shall do all of the following:
(a) Adjust the membership calculation for each district or intermediate
district in which the pupil was previously counted in membership or that previously
received an adjustment in its membership calculation under this section due to a
change in the pupil's enrollment and attendance 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, as determined by the financial calendar furnished by the
center, in which the pupil was enrolled and in attendance in the district or
intermediate district an amount equal to 1/105 of a full-time equated membership
claimed in the fall pupil membership count. The district or intermediate district
shall receive a prorated foundation allowance in an amount equal to the product of the
adjustment under this subdivision for the district or intermediate district multiplied
by 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) Adjust the membership calculation for the educating district or
intermediate district in which the pupil is enrolled and is in attendance so that the
district's or intermediate district's membership is increased to allow the district or
intermediate district to receive an amount equal to the difference between the full-
time equated membership claimed in the fall pupil membership count and the sum of the
adjustments calculated under subdivision (a) for each district or intermediate
district in which the pupil was previously enrolled and in attendance. The educating
district or intermediate district shall receive a prorated foundation allowance in an
amount equal to the product of the adjustment under this subdivision for the educating
district or intermediate district multiplied by the foundation allowance or per pupil
payment as calculated under section 20 for the educating 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).
(4) The changes in calculation of state school aid required under subsection
(3) shall take effect as of the date that the pupil becomes enrolled and in attendance
in the educating district or intermediate district, and the department shall base all
subsequent payments under this article for the fiscal year to the affected districts
or intermediate districts on this recalculation of state school aid.
(5) If a pupil enrolls in an educating district or intermediate district as
described in subsection (2), the district or intermediate district in which the pupil
is counted in membership or another educating district or intermediate district that
received an adjustment in its membership calculation under subsection (3), if any, and
the educating district or intermediate district shall provide to the center and the
department all information they require to comply with this section.
(6) As used in this section, "educating district or intermediate district"
means the district or intermediate district in which a pupil enrolls after the pupil
membership count day or after an adjustment was made in another district's or
intermediate district's membership calculation under this section due to the pupil's
enrollment and attendance.
Sec. 26a. (1) From the state school aid
fund appropriation FUNDS APPROPRIATED
in section 11, there is allocated an amount not to exceed
$26,300,000.00 for 2013-2014
2014-2015 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 2013
2014. 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.
(2) 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
$3,200,000.00 for 2013-2014 to reimburse public libraries
pursuant to section 12 of
the Michigan renaissance zone act, 1996 PA 376, MCL
125.2692, for taxes levied in
2013. 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 for
2013-2014 2014-2015 an amount not to exceed $4,009,500.00
$4,210,000.00 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. 26c. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $209,400.00 for 2012-2013 and an
amount not to exceed $266,200.00
$293,100.00 for 2013-2014 2014-2015 to the promise zone fund created in subsection
(3).
(2) Funds allocated to the promise zone fund under this section shall be used
solely for payments to eligible districts and intermediate districts that have a
promise zone development plan approved by the department of treasury under section 7
of the Michigan promise zone authority act, 2008 PA 549, MCL 390.1667.
(3) The promise zone fund is created as a separate account within the state
school aid fund to be used solely for the purposes of the Michigan promise zone
authority act, 2008 PA 549, MCL 390.1661 to 390.1679. All of the following apply to
the promise zone fund:
(a) The state treasurer shall direct the investment of the promise zone fund.
The state treasurer shall credit to the promise zone fund interest and earnings from
fund investments.
(b) Money in the promise zone fund at the close of a fiscal year shall remain
in the promise zone fund and shall not lapse to the general fund.
(4) Subject to subsection (2), the state treasurer may make payments from the
promise zone fund to eligible districts and intermediate districts pursuant to the
Michigan promise zone authority act, 2008 PA 549, MCL 390.1661 to 390.1679, to be used
for the purposes of a promise zone authority created under that act.
Sec. 31a. (1) From the state school aid fund money appropriated in section 11,
there is allocated for 2013-2014 2014-2015 an amount not to exceed $317,695,500.00 for
payments to eligible districts, 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
not later than the fifth
Wednesday after the 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 pupil
membership count day
FOR THE
PURPOSES OF ENSURING THAT THIRD GRADERS ARE PROFICIENT IN READING BY THE END OF THE
THIRD GRADE AND THAT HIGH SCHOOL GRADUATES ARE CAREER AND COLLEGE READY.
(2) To be eligible to receive funding under this section, other than funding
under subsection (6) or (7), a district or public school
academy that has not been
previously determined to be eligible or the education
achievement system 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 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
SHALL BE 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, 42 USC 1751 TO 1769, and as reported to the department IN A FORM AND MANNER
PRESCRIBED BY THE DEPARTMENT, not later than the fifth Wednesday after the 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 the 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 HOWEVER, 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 in 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 not later than the
fifth Wednesday after the 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, MENTAL HEALTH, or
counseling services, for at-risk pupils; for school health clinics; and for the
purposes of subsection (5), (6), or (7), OR (10). In addition, a district that is a
school district of the first class or a district or public school academy 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)
(3), or the education
achievement system if it meets this requirement, may use not more than 20% of the
funds it receives under this section for school security. A district, the 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 A district or public
school academy that receives funds under this section and that operates a school
breakfast program under section 1272a of the revised school code, MCL 380.1272a, or
the education achievement system if it operates a school breakfast program, 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 for 2013-
2014 2014-2015 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)
(11) for that fiscal year.
(7) From the funds allocated under subsection (1),
there is allocated for 2013-
2014 2014-2015 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 receiving funds under this section
and the education achievement system 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 OR
SERVICES PERFORMED 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 OR SERVICES, 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 OR
SERVICES, AND THE DATA NECESSARY FOR THE DEPARTMENT AND THE DEPARTMENT OF HUMAN
SERVICES TO VERIFY MATCHING FUNDS FOR THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
PROGRAM. 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), AND (7), (12), and (13), a 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-12, 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), a 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-12, 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
IMPLEMENT SCHOOL WIDE REFORM IN SCHOOLS WITH 40% OR MORE OF ITS PUPILS IDENTIFIED AS
AT RISK BY PROVIDING SUPPLEMENTAL INSTRUCTIONAL OR NONINSTRUCTIONAL SERVICES
CONSISTENT WITH THE SCHOOL’S IMPROVEMENT PLAN.
(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 receiving funds under this section or the
education achievement system
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 use not more than 20% of the funds
it receives under this
section for specific alternative purposes identified by the
district or public school
academy or the education achievement system that are designed
to benefit at-risk
pupils in the school, but that may be different from the
purposes otherwise allowable
under this section. If a district or public school academy
or the education
achievement system uses funds for alternative purposes
allowed under the flexibility
provisions under this subsection, the district or public
school academy or the
education achievement system shall maintain documentation
of the amounts used for
those alternative purposes and shall make that information
available to the department
upon request.
(13) A district or public school academy that
receives funds under this section
or the education achievement system 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.
(11) (14) If necessary, and
before any proration required under section 296,
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) (3).
(12) (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) (3) 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. IN ADDITION, IF A DISTRICT IS DISSOLVED
PURSUANT TO SECTION 12 OF THE REVISED SCHOOL CODE, MCL 380.12, THE INTERMEDIATE
DISTRICT TO WHICH THE DISSOLVED SCHOOL DISTRICT IS CONSTITUENT SHALL DETERMINE THE
ESTIMATED NUMBER OF PUPILS THAT MEET THE INCOME ELIGIBILITY CRITERIA FOR FREE
BREAKFAST, LUNCH, OR MILK, AS DESCRIBED UNDER SUBSECTION (3), ENROLLED IN EACH OF THE
OTHER DISTRICTS WITHIN THE INTERMEDIATE DISTRICT AND PROVIDE THAT ESTIMATE TO THE
DEPARTMENT FOR THE PURPOSES OF DISTRIBUTING FUNDS UNDER THIS SECTION WITHIN 60 DAYS
AFTER THE SCHOOL DISTRICT IS DECLARED DISSOLVED.
(13) (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 ANY of the following
criteria: is a victim of child abuse or neglect; is
below grade level in English
language arts 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. At-risk pupil also includes all pupils in a priority
school as defined in the
elementary and secondary education act of 2001 flexibility
request approved by the
United States department of education. 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, science test, or social
studies 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, writing, mathematics, science, or social
studies components 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.
(A) THE PUPIL IS ENROLLED IN A PRIORITY OR PRIORITY-SUCCESSOR SCHOOL, AS
DEFINED IN THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 2001 FLEXIBILITY WAIVER
APPROVED BY THE UNITED STATES DEPARTMENT OF EDUCATION.
(B) THE PUPIL IS ENROLLED IN A FOCUS SCHOOL, AS DEFINED IN THE ELEMENTARY AND
SECONDARY EDUCATION ACT OF 2001 FLEXIBILITY WAIVER APPROVED BY THE UNITED STATES
DEPARTMENT OF EDUCATION AND IS IN THE BOTTOM 30 PERCENT OF ACHIEVEMENT AS DETERMINED
BY THE DEPARTMENT.
(C) THE PUPIL DID NOT ACHIEVE A SCORE OF PROFICENT ON 2 OR MORE STATE
ADMINISTERED ASSESSMENTS FOR ENGLISH LANGUAGE ARTS, MATHEMATICS, SCIENCE OR SOCIAL
STUDIES.
(D) THE PUPIL DID NOT RECEIVE A SATISFACTORY SCORE ON 2 OR MORE LOCALLY
ADMINISTERED ASSESSMENTS THAT ARE ALIGNED WITH STATE STANDARDS FOR ENGLISH LANGUAGE
ARTS, MATHEMATICS, SCIENCE OR SOCIAL SCIENCES IN GRADES NOT ASSESSED BY THE STATE.
(E) IN THE ABSENCE OF STATE OR LOCAL ASSESSMENT DATA, THE PUPIL MEETS AT LEAST
2 OF THE FOLLOWING CRITERIA, AS DOCUMENTED IN A FORM AND MANNER APPROVED BY THE
DEPARTMENT:
(I) THE PUPIL IS ELIGIBLE FOR FREE BREAKFAST, LUNCH OR MILK.
(II) THE PUPIL IS ABSENT MORE THAN 10 PERCENT OF ENROLLED DAYS OR 10 SCHOOL
DAYS DURING THE SCHOOL YEAR.
(III) THE PUPIL IS HOMELESS.
(IV) THE PUPIL IS A MIGRANT.
(V) THE PUPIL IS AN ENGLISH LANGUAGE LEARNER.
(VI) THE PUPIL IS AN IMMIGRANT.
(VII) THE PUPIL DID NOT COMPLETE HIGH SCHOOL IN FOUR YEARS AND IS STILL
CONTINUING IN SCHOOL AS IDENTIFIED IN THE MICHIGAN COHORT GRADUATION AND DROPOUT
REPORT.
(14) BEGINNING IN 2014-2015, IF A DISTRICT, PUBLIC SCHOOL ACADEMY OR
ACHIEVEMENT SCHOOL CANNOT DEMONSTRATE TO THE SATISFACTION OF THE DEPARTMENT
IMPROVEMENT IN THE PERCENTAGE OF AT-RISK PUPILS PROFICIENT IN READING AT THE END OF
THIRD GRADE AND IMPROVEMENT IN THE PERCENTAGE OF AT-RISK PUPILS THAT ARE CAREER AND
COLLEGE READY AS MEASURED BY THE ACT COMPOSITE SCORE AFTER 3 SUBSEQUENT SCHOOL YEARS,
THE DISTRICT, PUBLIC SCHOOL ACADEMY OR EDUCATION ACHIEVEMENT SYSTEM SHALL REVISE ITS
SCHOOL IMPROVEMENT PLAN REGARDING THE EXPENDITURE OF FUNDING FROM THIS SECTION.
(15) (17) A district or public
school academy that receives funds under this
section or the education achievement system may use funds received under this section
to provide an anti-bullying or crisis intervention program.
Sec. 31B. (1) From the appropriations in section 11, there is allocated an
amount not to exceed $2,000,000.00 for 2014-2015 for payments to at-risk districts
selected to participate in a pilot project under this section for a year-round
instructional program for the 2015-2016 school year.
(2) The department shall select districts to participate in the project from
among districts that are eligible for the community eligibility option for free and
reduced price lunch under 42 USC 1759a. A district seeking to participate shall apply
to the department in the form and manner prescribed by the department not later than
December 1, 2014. The department shall select districts for participation not later
than February 1, 2015.
(3) A district participating in the pilot project is not required to provide
more than the minimum number of days and hours of pupil instruction prescribed under
section 101 but shall spread the instruction over the entire year in at least 1 of its
schools. The district shall commit to providing the year-round instructional calendar
for at least 3 school years.
(4) For a district participating in the pilot project, excessive heat is
considered to be a condition not within the control of school authorities for the
purpose of days or hours being counted as days or hours of pupil instruction under
section 101(4).
(5) The payments made under this section to districts shall be used for
necessary modifications to instructional facilities, modifications to current
contracts, and other nonrecurring costs of preparing for the operation of a year-round
instructional program as approved by the department.
(6) Notwithstanding section 17b, payments to districts under this section shall
be paid on a schedule determined by the department.
Sec. 31d. (1) From the appropriations in section 11, there is allocated an
amount not to exceed $22,495,100.00 for 2013-2014 2014-2015 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 for
2013-2014 2014-2015 all available federal funding,
estimated at $460,000,000.00
$510,000,000.00 for the national school lunch program and all available federal
funding, estimated at $3,200,000.00 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 $5,625,000.00 for 2013-2014 2014-2015 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. 32d. (1) From the funds appropriated in section 11, there is allocated to
eligible intermediate districts and consortia of intermediate districts for great
start readiness programs an amount not to exceed $149,275,000.00
$239,275,000.00 for
2013-2014 2014-2015. In addition, from the funds
appropriated in section 11, there is
allocated to the great start readiness reserve fund created
under subsection (14) an
amount not to exceed $25,000,000.00 for 2013-2014. Funds allocated under this section
for great start readiness programs shall be used to provide part-day, school-day, or
GSRP/head start blended comprehensive free compensatory classroom programs designed to
improve the readiness and subsequent achievement of educationally disadvantaged
children who meet the participant eligibility and prioritization guidelines as defined
by the department. Beginning in 2013-2014, for FOR a child to be eligible to
participate in a program under this section, the child shall be at least 4, but less
than 5, years of age as of the date specified for determining a child's eligibility to
attend school under section 1147 of the revised school code, MCL 380.1147.
(2) Funds allocated under subsection (1) shall be allocated to intermediate
districts or consortia of intermediate districts based on the formula in section 39.
An intermediate district or consortium of intermediate districts receiving funding
under this section shall act as the fiduciary for the great start readiness programs.
In order to be eligible to receive funds allocated under this subsection from an
intermediate district or consortium of intermediate districts, a district, a
consortium of districts, or a public or private for-profit or nonprofit legal entity
or agency shall comply with this section and section 39.
(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 for 2013-2014 2014-2015 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, 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 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 supported by federal,
state, and local resources as applicable.
(d) Health PHYSICAL AND DENTAL HEALTH and developmental screening services for
all program participants.
(e) Referral services for families of program participants to community social
service agencies, INCLUDING MENTAL HEALTH SERVICES, 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 convened as a workgroup of the great start collaborative 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 annually shall review AND MAKE RECOMMENDATIONS
REGARDING 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. THE ADVISORY
COMMITTEE SHALL ALSO MAKE RECOMMENDATIONS ABOUT OTHER
COMMUNITY SERVICES DESIGNED TO IMPROVE ALL CHILDREN’S SCHOOL READINESS TO THE GREAT
START COLLABORATIVE.
(i) The ongoing articulation of the kindergarten and first grade programs
offered by the program provider.
(j) Participation in this state's great start to quality process with a rating
of at least 3 stars.
(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 EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, ENSURE that at
least 90% of the children participating in an eligible great start readiness program
for whom the provider INTERMEDIATE DISTRICT is receiving funds under this section are
children who live with families with a household income that is equal to or less than
250% of the federal poverty level. IF THE INTERMEDIATE DISTRICT DETERMINES THAT ALL
ELIGIBLE CHILDREN ARE BEING SERVED AND THAT THERE ARE NO CHILDREN ON THE WAITING LIST
THAT IS REQUIRED TO BE MAINTAINED PURSUANT TO SECTION 39(1)(D) WHO LIVE WITH FAMILIES
WITH A HOUSEHOLD INCOME THAT IS EQUAL TO OR LESS THAN 250% OF THE FEDERAL POVERTY
LEVEL, THE INTERMEDIATE DISTRICT MAY THEN ENROLL CHILDREN THAT LIVE WITH FAMILIES WITH
A HOUSEHOLD INCOME THAT IS EQUAL TO OR LESS THAN 300% OF THE FEDERAL POVERTY LEVEL.
THE ENROLLMENT PROCESS SHALL CONSIDER INCOME AND RISK FACTORS, SUCH THAT CHILDREN
DETERMINED WITH HIGHER NEED ARE ENROLLED PRIOR TO THOSE CHILDREN WITH LESSER NEED. FOR
PURPOSES OF THIS SUBDIVISION, ALL AGE-ELIGIBLE CHILDREN SERVED IN FOSTER CARE OR WHO
ARE EXPERIENCING HOMELESSNESS OR WHO HAVE INDIVIDUALIZED EDUCATION PLANS RECOMMENDING
PLACEMENT IN AN INCLUSIVE PRESCHOOL SETTING SHALL BE CONSIDERED TO LIVE WITH FAMILIES
WITH HOUSEHOLD INCOME EQUAL TO OR LESS THAN 250% OF THE FEDERAL POVERTY LEVEL
REGARDLESS OF ACTUAL FAMILY INCOME.
(c) Ensure that the applicant only uses qualified personnel for this program,
as follows:
(i) Teachers possessing proper training. For
programs managed directly by a
district or intermediate district A
LEAD TEACHER MUST HAVE
a valid teaching
certificate and WITH an early childhood (ZA or ZS)
endorsement are required. This
provision does not apply to 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 OR EARLY
CHILDHOOD DEVELOPMENT with specialization in preschool teaching. However, if an
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 used
if the 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 applicant demonstrates to the department that it is unable to fully
comply with this subparagraph after making reasonable efforts to comply, the applicant
may use paraprofessionals who have completed at least 1 course that earns college
credit in early childhood education or child development if the 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. Eligible costs include transportation costs. 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 received by the applicant to serve children
eligible for a federally funded 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) For a grant recipient that enrolls pupils in a GSRP/head start blended
program, the grant recipient shall ensure that all head start and GSRP policies and
regulations are applied to the blended slots, with adherence to the highest standard
from either program, to the extent allowable under federal law.
(8) An intermediate district or consortium of intermediate districts receiving
a grant under this section MUST DESIGNATE AN EARLY CHILDHOOD COORDINATOR, AND may
provide services directly or may contract with 1 or more districts or public or
private for-profit or nonprofit providers that meet all requirements of subsection (4)
and retain for administrative services PROVIDED BY THE INTERMEDIATE DISTRICT AND THE
SUB-RECIPIENTS LOCATED WITHIN THE INTERMEDIATE DISTRICT an amount equal to not more
than 7% of the grant amount. In addition, an intermediate district or consortium of
intermediate districts may expend not more than 2% of the total grant amount for
OUTREACH, recruiting and public awareness of the program.
(9) Each grant recipient shall enroll children identified under subsection
(5)(b) according to how far the child's household income is below 250% of the federal
poverty level by ranking each applicant child's household income from lowest to
highest and dividing the applicant children into quintiles based on how far the
child's household income is below 250% of the federal poverty level, and then
enrolling children in the quintile with the lowest household income before enrolling
children in the quintile with the next lowest household income until slots are
completely filled. IF THE GRANT RECIPIENT DETERMINES THAT ALL ELIGIBLE CHILDREN WHO
LIVE WITH FAMILIES WITH A HOUSEHOLD INCOME THAT IS EQUAL TO OR LESS THAN 250% OF THE
FEDERAL POVERTY LEVEL ARE BEING SERVED AND THAT THERE ARE NO CHILDREN ON THE WAITING
LIST THAT IS REQUIRED TO BE MAINTAINED PURSUANT TO SECTION 39(1)(D), THE GRANT
RECIPIENT MAY ENROLL CHILDREN THAT DO NOT LIVE WITH FAMILIES WITH A HOUSEHOLD INCOME
THAT IS EQUAL TO OR LESS THAN 300% OF THE FEDERAL POVERTY LEVEL ONLY IF THE ENROLLMENT
PROCESS CONSIDERS INCOME AND RISK FACTORS, SUCH THAT CHILDREN DETERMINED WITH HIGHER
NEED ARE ENROLLED PRIOR TO THOSE CHILDREN WITH LESSER NEED. FOR PURPOSES OF THIS
SUBDIVISION, ALL AGE-ELIGIBLE CHILDREN SERVED IN FOSTER CARE OR WHO ARE EXPERIENCING
HOMELESSNESS OR WHO HAVE INDIVIDUALIZED EDUCATION PLANS RECOMMENDING PLACEMENT IN AN
INCLUSIVE PRESCHOOL SETTING SHALL BE CONSIDERED TO LIVE WITH FAMILIES WITH HOUSEHOLD
INCOME EQUAL TO OR LESS THAN 250% OF THE FEDERAL POVERTY LEVEL REGARDLESS OF ACTUAL
FAMILY INCOME.
(10) An intermediate district or consortium of intermediate districts receiving
a grant under this section shall conduct a local process to contract with interested
and eligible public and private for-profit and nonprofit community-based providers
that meet all requirements of subsection (4) for at least 30% of its total slot
allocation. If the intermediate district or consortium is not able to contract for at
least 30% of its total slot allocation, the grant recipient shall notify the
department and, if the department verifies that the intermediate district or
consortium attempted to contract for at least 30% of its total slot allocation and was
not able to do so, then the intermediate district or consortium may retain and use all
of its allocated slots as provided under this section.
(11) 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 eligibility criteria under subsection (5)(b) and the
total number of children participating in the program. For children participating in
the program who meet the income 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.
(12) 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) "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) "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.
(13) An intermediate district or consortium of intermediate districts receiving
funds under this section shall establish a sliding scale of tuition rates based upon
household income for children participating in an eligible great start readiness
program who live with families with a household income that
is more than 250% 300% of
the federal poverty level to be used by all of its providers, as approved by the
department. A grant recipient shall charge tuition according to that sliding scale of
tuition rates on a uniform basis for any child who does not meet the income
eligibility requirements under this section.
(14) The great start readiness reserve 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. Money available in the great start
readiness reserve fund may
not be expended for 2013-2014 unless transferred by the
legislature not later than
January 31, 2014 to the allocation under subsection (1) for
great start readiness
programs. Money in the great start readiness reserve fund
shall be expended only for
purposes for which state school aid fund money may be
expended. The state treasurer
shall direct the investment of the great start readiness
reserve fund. The state
treasurer shall credit to the great start readiness reserve
fund interest and earnings
from fund investments. Money in the great start readiness
reserve fund at the close of
a fiscal year shall remain in the great start readiness
reserve fund and shall not
lapse to the unreserved school aid fund balance or the
general fund.
Sec. 32p. (1) From the school aid fund
appropriation FUNDS APPROPRIATED in
section 11, there is allocated an amount not to exceed $10,900,000.00 to intermediate
districts for 2013-2014 2014-2015 for the purpose of providing early childhood funding
to intermediate school districts in block grants, supporting the activities under
subsection (2), and providing early childhood programs for children from birth through
age 8. Beginning in 2013-2014, the THE funding provided to each intermediate district
under this section shall be determined by the distribution formula established by the
department's office of great start to provide equitable funding statewide. In order to
receive funding under this section, each intermediate district shall provide an
application to the office of great start not later than September 15 of the
immediately preceding fiscal year indicating the activities planned to be provided.
(2) Each intermediate district or consortium of intermediate districts that
receives funding under this section shall convene a local great start collaborative
and a parent coalition. The goal of each great start collaborative and parent
coalition shall be to ensure the coordination and expansion of local early childhood
infrastructure and programs that allow every child in the community to achieve the
following outcomes:
(a) Children born healthy.
(b) Children healthy, thriving, and developmentally on track from birth to
third grade.
(c) Children developmentally ready to succeed in school at the time of school
entry.
(d) Children prepared to succeed in fourth grade and beyond by reading
proficiently by the end of third grade.
(3) Each local great start collaborative and parent
coalition shall convene a
workgroup to serve as a school readiness advisory committee
as required under section
32d and shall WORKGROUPS TO MAKE
RECOMMENDATIONS ABOUT COMMUNITY SERVICES DESIGNED TO
ACHIEVE THE OUTCOMES DESCRIBED ABOVE AND TO ensure that its local great start system
includes the following supports for children from birth through age 8:
(a) Physical health.
(b) Social-emotional health.
(c) Family supports and basic needs.
(d) Parent education and child advocacy.
(e) Early education and care.
(4) Not later than December 1 of each year, each intermediate district shall
provide a report to the department detailing the activities actually provided during
the immediately preceding school year and the families and children actually served.
The department shall compile and summarize these reports and submit its summary to the
house and senate appropriations subcommittees on school aid and to the house and
senate fiscal agencies NO
LATER THAN FEBRUARY 15 OF EACH YEAR. The block grants
allocated under this section implement legislative intent
language for this purpose
enacted in 2011 PA 62.
(5) An intermediate district or consortium of intermediate districts that
receives funding 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
THROUGH JUNE 30 OF 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.
Sec. 39. (1) An eligible applicant receiving funds under section 32d shall
submit a preapplication AN APPLICATION, 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 APPLICATION shall include a comprehensive needs
assessment using aggregated data from the applicant's entire service area and a
community collaboration plan that 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 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 applicant and community early childhood programs have
met their funded enrollments. The applicant shall maintain a waiting list of
identified unserved eligible children who would be served when openings are available.
(2) An AFTER
NOTIFICATION OF FUNDING ALLOCATIONS, AN applicant receiving funds
under section 32d shall also submit a final application
AN IMPLEMENTATION PLAN for
approval, in a form and manner prescribed by the department, by a date specified by
the department, that details how the applicant complies with the program components
established by the department pursuant to section 32d.
(3) The FOR
2014-2015, THE number
of prekindergarten children construed to be
in need of special readiness assistance under section 32d shall be calculated for each
applicant in the following manner: 1/2 of the percentage of the applicant'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
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 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 applicant indicates
it will be able to serve under subsection (1)(c), whichever
is less, by $3,625.00
$3,725.00 and shall be distributed among applicants in decreasing order of
concentration of eligible children as determined by the formula under subsection (3).
If the number of children 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 applicant indicates it
will be able to serve under subsection (1)(c) and determining the amount of the
initial allocation to the applicant under section 32d. A district 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 applicants or
to the great start readiness
reserve fund under section 32d remain after the initial allocation
under subsection
(4), the allocation under this subsection shall be distributed to each eligible
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 district within the applicant's service
area served in the immediately preceding fiscal year or the number of children the
applicant indicates it will be able to serve under subsection (1)(c), whichever is
less, minus the number of children for which the applicant received funding in
subsection (4) by $3,625.00 $3,725.00.
(6) If funds allocated for eligible applicants or to the great start readiness
reserve fund under section 32d remain after the allocations under subsections (4) and
(5), remaining funds shall be distributed to each eligible 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 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 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 $3,625.00
$3,725.00 until
the funds allocated for eligible applicants in section 32d are distributed.
(7) An applicant that offers supplementary child care funded by funds other
than those received under 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 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.
(8) If, taking into account the total amount to be allocated to the applicant
as calculated under this section, 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 applicant may include additional eligible children but
shall not receive additional funding under section 32d for those children.
Sec. 39a. (1) From the federal funds appropriated in section 11, there is
allocated for 2013-2014 2014-2015 to districts, intermediate districts, and other
eligible entities all available federal funding, estimated
at $811,828,500.00
$807,969,900.00, 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 $8,000,000.00 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 $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.
(c) An amount estimated at $12,200,000.00 for programs to teach English to
limited English proficient (LEP) children, funded from DED-OESE, language acquisition
state grant funds.
(d) An amount estimated at $10,286,500.00 for the Michigan charter school
subgrant program, funded from DED-OESE, charter school funds.
(e) An amount estimated at $2,393,500.00 for rural and low income schools,
funded from DED-OESE, rural and low income school funds.
(f) An amount estimated at $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.
(g) An amount estimated at $8,878,000.00 for the purpose of identifying and
serving migrant children, funded from DED-OESE, title I, migrant education funds.
(h) An amount estimated at $40,050,000.00 $39,000,000.00 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.
(i) An amount estimated at $24,600,000.00 to help support local school
improvement efforts, funded from DED-OESE, title I, local school improvement grants.