February 27, 2013, Introduced by Senator KAHN and referred to the Committee on Appropriations.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 6, 11, 11a, 11g, 11j, 11k, 11m, 15, 18, 18b, 19, 20, 20d, 22a,
22b, 22d, 22f, 22i, 22j, 24, 24a, 24c, 25, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39,
39a, 51a, 51b, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94a, 95, 98, 99, 101, 102, 104,
107, 147, 147a, 147b, 147c, and 152a (MCL 388.1606, 388.1611, 388.1611a, 388.1611g,
388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1618b, 388.1619, 388.1620,
388.1620d, 388.1622a, 388.1622b, 388.1622d, 388.1622f, 388.1622i, 388.1622j, 388.1624,
388.1624a, 388.1624c, 388.1625, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d,
388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1651a, 388.1651b, 388.1651c,
388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681,
388.1694a, 388.1695, 388.1698, 388.1699, 388.1701, 388.1702, 388.1704, 388.1707,
388.1747, 388.1747a, 388.1747b, 388.1747c, and 388.1752a), sections 6, 11, 25, and 26b
as amended by 2012 PA 465, sections 11a, 11g 11j, 11k, 11m, 18, 19, 20, 20d, 22a, 22b,
22d, 22f, 24, 24a, 24c, 26a, 31a, 31d, 31f, 32d, 39, 39a, 51a, 51c, 51d, 53a, 54, 56,
61a, 62, 74, 81, 94a, 98, 99, 102, 104, 107, 147, 147a, 147b, and 152a, as amended and
sections 22i, 22j, 26c, 32p, 95, and 147c as added by 2012 PA 201, section 15 as
amended by 2012 PA 286, section 18b as amended by 2008 PA 268, section 51b as added by
1996 PA 300, section 101 as amended by 2012 PA 516, and by adding sections 21f, 22c,
22k, 201, 202, 202a, 203, 206, 207, 207a, 207b, 207c, 209, 210, 213, 217, 218, 219,
220, 221, 222, 223, 224, 225, 226, 229, 230, 230a, 231, 236, 236b, 237, 237b, 238,
241, 242, 243, 244, 245, 246, 251, 252, 253, 254, 255, 256a, 257, 258, 259, 263, 263a,
264, 265, 265a, 267, 269, 270, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285,
286, 289, 291, 293a, and 293b; 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 immediately
preceding school year. A district’s, public school academy’s, or intermediate
district’s membership shall be adjusted as provided under section 25 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, or for
the education achievement system, a pupil’s
participation in the cyber school’s
educational program or, FOR THE EDUCATION ACHIEVEMENT SYSTEM A PUPIL’S PARTICIPATION
in an online educational program of the education achievement system or of an
achievement school, OR FOR A DISTRICT THE 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 500,000.
(B) Had dropped out of school for more than 1 year and has re-entered school.
(C) Is less than 22 years of age as of September 1 of the current school year.
(m) An individual who has obtained a high school diploma shall not be counted
in membership. An individual who has obtained a general educational development
(G.E.D.) certificate shall not be counted in membership unless the individual is a
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. Not later than
December 1, 2012, the department shall seek a
clarification from the federal department of
education as to whether this is an
allowable use of federal title I money. The
change in the counting of full-time
equated memberships for pupils in
kindergarten that takes effect in 2012-2013 is not a
mandate. Not later than the fifth Wednesday
after the pupil membership count day, each
district or public school academy and the
education achievement system shall report to
the department and the center the number of
instructional hours scheduled per
kindergarten pupil for 2012-2013. If the
number of instructional hours scheduled per
kindergarten pupil is not equal for all
kindergarten pupils in the district, the
district or public school academy and the
education achievement system shall report
the number of kindergarten pupils who were
scheduled to receive each of the different
numbers of instructional hours scheduled.
(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,
except computers, that are comparable
to those otherwise provided in the district’s
alternative education program.
(iii) Course content is comparable to that in the district’s alternative
education program.
(iv) Credit earned is awarded to the pupil and placed on the pupil’s
transcript.
(v) A pupil enrolled in an alternative or disciplinary education program
described in section 25 shall be counted in membership in the district, the public
school academy, or the education achievement system that is educating the pupil.
(w) If a pupil was enrolled in a public school academy on the pupil membership
count day, if the public school academy’s contract with its authorizing body is
revoked or the public school academy otherwise ceases to operate, and if the pupil
enrolls in a district or the education achievement system within 45 days after the
pupil membership count day, the department shall adjust the district’s or the
education achievement system’s pupil count for the pupil membership count day to
include the pupil in the count.
(x) For a public school academy that has been in operation for at least 2 years
and that suspended operations for at least 1 semester and is resuming operations,
membership is the sum of the product of .90 times the number of full-time equated
pupils in grades K to 12 actually enrolled and in regular daily attendance on the
first pupil membership count day or supplemental count day, whichever is first,
occurring after operations resume, plus the product of .10 times the final audited
count from the most recent pupil membership count day or supplemental count day that
occurred before suspending operations, as determined by the superintendent.
(y) If a district’s membership for a particular fiscal year, as otherwise
calculated under this subsection, would be less than 1,550 pupils and the district has
4.5 or fewer pupils per square mile, as
determined by the department, and, beginning
in 2007-2008, if the district does
not receive funding under section 22d(2), the
district’s membership shall be considered to be the membership figure calculated under
this subdivision. If a district educates and counts in its membership pupils in grades
9 to 12 who reside in a contiguous district that does not operate grades 9 to 12 and
if 1 or both of the affected districts request the department to use the determination
allowed under this sentence, the department shall include the square mileage of both
districts in determining the number of pupils per square mile for each of the
districts for the purposes of this subdivision. The membership figure calculated under
this subdivision is the greater of the following:
(i) The average of the district’s membership for the 3-fiscal-year period
ending with that fiscal year, calculated by adding the district’s actual membership
for each of those 3 fiscal years, as otherwise calculated under this subsection, and
dividing the sum of those 3 membership figures by 3.
(ii) The district’s actual membership for that fiscal year as otherwise
calculated under this subsection.
(z) If a public school academy that is not in its first or second year of
operation closes at the end of a school year and does not reopen for the next school
year, the department shall adjust the membership count of the district or the
education achievement system in which a former pupil of the public school academy
enrolls and is in regular daily attendance for the next school year to ensure that the
district or the education achievement system receives the same amount of membership
aid for the pupil as if the pupil were counted in the district or the education
achievement system on the supplemental count day of the preceding school year.
(aa) Full-time equated memberships for 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 of the Michigan administrative
code shall be determined by dividing the number of hours of service scheduled and
provided per year per pupil by 180.
(bb) A pupil of a district that begins its school year after Labor day who is
enrolled in an intermediate district program that begins before Labor day shall not be
considered to be less than a full-time pupil solely due to instructional time
scheduled but not attended by the pupil before Labor day.
(cc) For the first year in which a pupil is counted in membership on the pupil
membership count day in a middle college program, the membership is the average of the
full-time equated membership on the pupil membership count day and on the supplemental
count day for the current school year, as determined by the department. If a pupil was
counted by the operating district on the immediately preceding supplemental count day,
the pupil shall be excluded from the district’s immediately preceding supplemental
count for purposes of determining the district’s membership.
(dd) A district, 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.
(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.
(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. 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) A pupil enrolled in a district
other than the pupil’s district of residence
as a qualifying pupil under section 22h(2).
(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 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 or , a pupil described in subsection (6)(c) to (o)
(P), OR A PUPIL
WHOSE PARENT OR GUARDIAN VOLUNTARILY ENROLLS THE PUPIL IN A DISTRICT THAT IS NOT THE
PUPIL’S RESIDENT DISTRICT. 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. 11. (1) Subject
to subsection (3), for FOR the fiscal year ending
September 30, 2013 2014, there is appropriated for the public
schools of this state
and certain other state purposes relating to
education the sum of $10,961,245,600.00
$11,090,813,500.00 from the state school aid fund, THE SUM OF $150,000,000.00 FROM THE
MPSERS retirement obligation reform reserve fund created in section 147b of this
article and the sum of $282,400,000.00 $230,000,000.00 from the general fund. for the
fiscal year ending September 30, 2015, there is appropriated for the public schools of
this state and certain other state purposes relating to education the sum of
$11,393,154,500.00 from the state school aid fund and the sum of $100,000,000.00 from
the mpsers retirement obligation reform reserve fund created in section 147b AND THE
SUM OF $233,000,000.00 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 2014 AND THE FISCAL YEAR ENDING SEPTEMBER
30,
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 11(3) 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 11(4)
296(3).
(7) For 2012-2013 2013-2014 AND 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.
(8) Effective February 24, 2012, in addition to
any amounts otherwise deposited
into the school aid stabilization fund, there is
transferred from the state school aid
fund to the school aid stabilization fund an amount equal
to $100,000,000.00.
Sec. 11g. (1) From the appropriation in section 11, there is allocated for this
section an amount not to exceed $39,000,000.00 $39,500,000.00 for the fiscal year
ending September 30, 2013 2014, and for each succeeding fiscal year through the fiscal
year ending September 30, 2015, after which these payments will cease. These
allocations are for paying the amounts described in subsection (3) to districts and
intermediate districts, other than those receiving a lump-sum payment under section
11f(2), that were not plaintiffs in the consolidated cases known as Durant v State of
Michigan, Michigan supreme court docket no. 104458-104492 and that, on or before March
2, 1998, submitted to the state treasurer a waiver resolution described in section
11f. The amounts paid under this section represent offers of settlement and compromise
of any claim or claims that were or could have been asserted by these districts and
intermediate districts, as described in this section.
(2) This section does not create any obligation or liability of this state to
any district or intermediate district that does not submit a waiver resolution
described in section 11f. This section and any other provision of this article are not
intended to admit liability or waive any defense that is or would be available to this
state or its agencies, employees, or agents in any litigation or future litigation
with a district or intermediate district regarding these claims or potential claims.
(3) The amount paid each fiscal year to each district or intermediate district
under this section shall be 1 of the following:
(a) If the district or intermediate district does not borrow money and issue
bonds under section 11i, 1/30 of the total amount listed in section 11h for the
district or intermediate district through the fiscal year
ending September 30, 2013
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.
Sec. 11j. From the appropriation in section 11, there is allocated EACH FISCAL
YEAR an amount not to exceed $120,390,000.00
$131,660,000.00 for 2012-2013 2013-2014
AND $139,900,000.00 FOR 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 11 296 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 2012-2013 2013-2014 AND 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 2011-
2012 2013-2014 an amount not to exceed $2,100,000.00
$6,000,000.00 and there is
allocated for 2012-2013 2014-2015 an amount not to exceed $3,200,000.00 $8,000,000.00
for fiscal year cash-flow borrowing costs solely related to the state school aid fund
established by section 11 of article IX of the state constitution of 1963.
Sec. 15. (1) If a district or intermediate district fails to receive its proper
apportionment, the department, upon satisfactory proof that the district or
intermediate district was entitled justly, shall apportion the deficiency in the next
apportionment. Subject to subsections (2) and (3), if a district or intermediate
district has received more than its proper apportionment, the department, upon
satisfactory proof, shall deduct the excess in the next apportionment. Notwithstanding
any other provision in this article, state aid overpayments to a district, other than
overpayments in payments for special education or special education transportation,
may be recovered from any payment made under this article other than a special
education or special education transportation payment, 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 act ARTICLE if the district would otherwise
experience a significant hardship in satisfying its financial obligations.
(3) If, because of the receipt of new or updated data, the department
determines during a fiscal year that the amount paid to a district or intermediate
district under this article for a prior fiscal year was incorrect under the law in
effect for that year, the department may make the appropriate deduction or payment in
the district's or intermediate district's allocation for the fiscal year in which the
determination is made. The deduction or payment shall be calculated according to the
law in effect in the fiscal year in which the improper amount was paid. 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) Expenditures made by the department under this article that are caused by
the write-off of prior year accruals may be funded by revenue from the write-off of
prior year accruals.
(5) In addition to funds appropriated in section 11 for all programs and
services, there is appropriated for 2012-2013 2013-2014 AND 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. 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 or
intermediate district under this article may be transferred by the board to either the
capital projects fund or to the debt retirement fund for debt service. The money shall
not be applied or taken for a purpose other than as provided in this section. The
department shall determine the reasonableness of expenditures and may withhold from a
recipient of funds under this article the apportionment otherwise due upon a violation
by the recipient.
(2) Within 30 days after a board adopts its annual operating budget for the
following school fiscal year, or after a board adopts a subsequent revision to that
budget, the district shall make all of the following available through a link on its
website home page, or may make the information available through a link on its
intermediate district's website home page, in a form and manner prescribed by the
department:
(a) The annual operating budget and subsequent budget revisions.
(b) Using data that have already been collected and submitted to the
department, a summary of district expenditures for the most recent fiscal year for
which they are available, expressed in the following 2 pie charts:
(i) A chart of personnel expenditures, broken into the following subcategories:
(A) Salaries and wages.
(B) Employee benefit costs, including, but not limited to, medical, dental,
vision, life, disability, and long-term care benefits.
(C) Retirement benefit costs.
(D) All other personnel costs.
(ii) A chart of all district expenditures, broken into the following
subcategories:
(A) Instruction.
(B) Support services.
(C) Business and administration.
(D) Operations and maintenance.
(c) Links to all of the following:
(i) The current collective bargaining agreement for each bargaining unit.
(ii) Each health care benefits plan, including, but not limited to, medical,
dental, vision, disability, long-term care, or any other type of benefits that would
constitute health care services, offered to any bargaining unit or employee in the
district.
(iii) The audit report of the audit conducted under subsection (4) for the most
recent fiscal year for which it is available.
(iv) The bids required under section 5 of the public employee health benefits
act, 2007 PA 106, MCL 124.75.
(d) The total salary and a description and cost of each fringe benefit included
in the compensation package for the superintendent of the district and for each
employee of the district whose salary exceeds $100,000.00.
(e) The annual amount spent on dues paid to associations.
(f) The annual amount spent on lobbying or lobbying services. As used in this
subdivision, "lobbying" means that term as defined in section 5 of 1978 PA 472, MCL
4.415.
(3) For the information required under subsection (2)(a), (2)(b)(i), and
(2)(c), an intermediate district shall provide the same information in the same manner
as required for a district under subsection (2).
(4) For the purpose of determining the reasonableness of expenditures and
whether a violation of this article has occurred, all of the following apply:
(a) The department shall require that each district and intermediate district
have an audit of the district's or intermediate district's financial and pupil
accounting records conducted at least annually at the expense of the district or
intermediate district, as applicable, by a certified public accountant or by the
intermediate district superintendent, as may be required by the department, or in the
case of a district of the first class by a certified public accountant, the
intermediate superintendent, or the auditor general of the city.
(b) If a district operates in a single building with fewer than 700 full-time
equated pupils, if the district has stable membership, and if the error rate of the
immediately preceding 2 pupil accounting field audits of the district is less than 2%,
the district may have a pupil accounting field audit conducted biennially but must
continue to have desk audits for each pupil count. The auditor must document
compliance with the audit cycle in the pupil auditing manual. As used in this
subdivision, "stable membership" means that the district's membership for the current
fiscal year varies from the district's membership for the immediately preceding fiscal
year by less than 5%.
(c) A district's or intermediate district's annual financial audit shall
include an analysis of the financial and pupil accounting data used as the basis for
distribution of state school aid.
(d) The pupil and financial accounting records and reports, audits, and
management letters are subject to requirements established in the auditing and
accounting manuals approved and published by the department.
(e) All of the following shall be done not later than November 15 each year:
(i) A district shall file the annual financial audit reports with the
intermediate district and the department.
(ii) The intermediate district shall file the annual financial audit reports
for the intermediate district with the department.
(iii) The intermediate district shall enter the pupil membership audit reports
for its constituent districts and for the intermediate district, for the pupil
membership count day and supplemental count day, in the Michigan student data system.
(f) The annual financial audit reports and pupil accounting procedures reports
shall be available to the public in compliance with the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246.
(g) Not later than January 31 of each year, the department shall notify the
state budget director and the legislative appropriations subcommittees responsible for
review of the school aid budget of districts and intermediate districts that have not
filed an annual financial audit and pupil accounting procedures report required under
this section for the school year ending in the immediately preceding fiscal year.
(5) By November 15 of each year, each district and intermediate district shall
submit to the center, in a manner prescribed by the center, annual comprehensive
financial data consistent with accounting manuals and charts of accounts approved and
published by the department. For an intermediate district, the report shall also
contain the website address where the department can access the report required under
section 620 of the revised school code, MCL 380.620. The department shall ensure that
the prescribed Michigan public school accounting manual chart of accounts includes
standard conventions to distinguish expenditures by allowable fund function and
object. The functions shall include at minimum categories for instruction, pupil
support, instructional staff support, general administration, school administration,
business administration, transportation, facilities operation and maintenance,
facilities acquisition, and debt service; and shall include object classifications of
salary, benefits, including categories for active employee health expenditures,
purchased services, supplies, capital outlay, and other. Districts shall report the
required level of detail consistent with the manual as part of the comprehensive
annual financial report.
(6) By September 30 of each year, each district and intermediate district shall
file with the department the special education actual cost report, known as "SE-4096",
on a form and in the manner prescribed by the department.
(7) By October 7 of each year, each district and intermediate district shall
file with the center the transportation expenditure report, known as "SE-4094", on a
form and in the manner prescribed by the center.
(8) The department shall review its pupil accounting and pupil auditing manuals
at least annually and shall periodically update those manuals to reflect changes in
this article.
(9) If a district that is a public school academy purchases property using
money received under this article, the public school academy shall retain ownership of
the property unless the public school academy sells the property at fair market value.
(10) If a district or intermediate district does not comply with subsections
(4), (5), (6), and (7), the department shall withhold all state school aid due to the
district or intermediate district under this article, beginning with the next payment
due to the district or intermediate district, until the district or intermediate
district complies with subsections (4), (5), (6), and (7). If the district or
intermediate district does not comply with subsections (4), (5), (6), and (7) by the
end of the fiscal year, the district or intermediate district forfeits the amount
withheld.
(11) Not later than October 1, 2012, 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, on a per-pupil basis, at least
all of the following costs:
(a) Textbooks, instructional materials, and
supplies, including electronic
instructional material.
(b) Computer and other electronic equipment,
including internet and telephone
access.
(c) Salaries and benefits for the online learning
employees.
(d) Purchased courses and curricula.
(e) Fees associated with oversight and
regulation.
(f) Travel costs associated with school activities
and testing.
(g) Facilities costs.
(h) Costs associated with special education.
(12) Not later than December 31, 2012, the
department shall issue a report to
the legislature including the following:
(a) A review of the data submitted under
subsection (11).
(b) A comparison with costs of substantially
similar programs in other states
and relevant national research on the costs of online
learning.
(c) Any conclusions concerning factors or
characteristics of online learning
programs that make a difference in the costs of operating
the programs.
Sec. 18b. (1) Property of a public school academy that was acquired
substantially with funds appropriated under this act
ARTICLE shall be transferred to
this state by the public school academy corporation if any of the following occur:
(a) The public school academy has been ineligible to receive funding under this
act ARTICLE for 18 consecutive months.
(b) The public school academy's contract has been revoked or terminated for any
reason.
(c) The public school academy's contract has not been reissued by the
authorizing body.
(2) A PUBLIC SCHOOL ACADEMY CORPORATION MUST INITIATE A DISSOLUTION PROCESS
WITHIN 30 DAYS AFTER ITS CONTRACT’S EXPIRATION.
(3) (2) Property required to be
transferred to this state under this section
includes title to all real and personal property, interests in real or personal
property, and other assets owned by the public school academy corporation that were
substantially acquired with funds appropriated under this act
ARTICLE.
(4) (3) The state treasurer, or
his or her designee, is authorized to dispose
of property transferred to this state under this section. Except as otherwise provided
in this section, the state treasurer shall deposit in the state school aid fund any
money included in that property and the net proceeds from the sale of the property or
interests in property, after payment by the state treasurer of any public school
academy debt secured by the property or interest in property.
(5) (4) This section does not
impose any liability on this state, any agency of
this state, or an authorizing body for any debt incurred by a public school academy.
(6) (5) As used in this section
and section 18c, "authorizing body" means an
authorizing body defined under section 501 or 1311b of the revised school code, MCL
380.501 and 380.1311b.
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 schools or
districts determined to have failed
to make adequate yearly progress 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 2011-2012, and for 2012-2013
2013-2014 AND FOR 2014-2015, the
basic foundation allowance is $8,019.00.
(2) The amount of each district's foundation allowance shall be calculated as
provided in this section, using a basic foundation allowance in the amount specified
in subsection (1).
(3) Except as otherwise provided in this section, the amount of a district's
foundation allowance shall be calculated as follows, using in all calculations the
total amount of the district's foundation allowance as calculated before any
proration:
(a) For a district that had a foundation allowance for the immediately
preceding state fiscal year that was at least equal to the sum of $7,108.00 plus the
total dollar amount of all adjustments made from 2006-2007 to the immediately
preceding state fiscal year in the lowest foundation allowance among all districts,
but less than the basic foundation allowance for the immediately preceding state
fiscal year, the district shall receive a foundation allowance in an amount equal to
the sum of the district's foundation allowance for the immediately preceding state
fiscal year plus the difference between twice the dollar amount of the adjustment from
the immediately preceding state fiscal year to the current state fiscal year made in
the basic foundation allowance and [(the dollar amount of the adjustment from the
immediately preceding state fiscal year to the current state fiscal year made in the
basic foundation allowance minus $20.00) times (the difference between the district's
foundation allowance for the immediately preceding state fiscal year and the sum of
$7,108.00 plus the total dollar amount of all adjustments made from 2006-2007 to the
immediately preceding state fiscal year in the lowest foundation allowance among all
districts) divided by the difference between the basic foundation allowance for the
current state fiscal year and the sum of $7,108.00 plus the total dollar amount of all
adjustments made from 2006-2007 to the immediately preceding state fiscal year in the
lowest foundation allowance among all districts]. For 2011-2012, 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. Except as otherwise provided in
subdivision (h), for 2012-
2013 2013-14 AND 2014-2015, 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 the immediately preceding state
fiscal year. However, the foundation allowance for a district that had less than the
basic foundation allowance for the immediately preceding state fiscal year shall not
exceed the basic foundation allowance for the current state fiscal year.
(b) Except as otherwise provided in this subsection, for a district that in the
immediately preceding state fiscal year had a foundation allowance in an amount at
least equal to the amount of the basic foundation allowance for the immediately
preceding state fiscal year, the district shall receive a foundation allowance for
2011-2012 in an amount equal to the district's foundation allowance for 2010-2011,
minus $470.00. For 2012-2013 2013-2014 AND 2014-2015, 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 2012-2013 2013-2014 AND 2014-2015 in an
amount equal to the district's foundation allowance for the immediately preceding
state fiscal year.
(c) Except as otherwise provided in subdivision (d), 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 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. For 2012-2013 2013-2014 AND 2014-2015, except as otherwise provided in
subdivision (d), 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 immediately preceding
state fiscal year.
(d) For a district that in the 1994-95 state fiscal year had a foundation
allowance greater than $6,500.00 and that had a foundation allowance for the 2009-2010
state fiscal year, as otherwise calculated under this section, that was less than the
basic foundation allowance, the district's foundation allowance for 2011-2012 and each
succeeding fiscal year shall be considered to be an amount equal to the basic
foundation allowance.
(e) For a district that has a foundation allowance that is not a whole dollar
amount, the district's foundation allowance shall be rounded up to the nearest whole
dollar.
(f) For a district that received a payment under section 22c as that section
was in effect for 2001-2002, the district's 2001-2002 foundation allowance shall be
considered to have been an amount equal to the sum of the district's actual 2001-2002
foundation allowance as otherwise calculated under this section plus the per pupil
amount of the district's equity payment for 2001-2002 under section 22c as that
section was in effect for 2001-2002.
(g) For a district that received a payment under section 22c as that section
was in effect for 2006-2007, the district's 2006-2007 foundation allowance shall be
considered to have been an amount equal to the sum of the district's actual 2006-2007
foundation allowance as otherwise calculated under this section plus the per pupil
amount of the district's equity payment for 2006-2007 under section 22c as that
section was in effect for 2006-2007.
(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.
(4) Except as otherwise provided in this subsection, the state portion of a
district's foundation allowance is an amount equal to the district's foundation
allowance or the basic foundation allowance for the current state fiscal year,
whichever is less, minus the difference between the sum of the product of the taxable
value per membership pupil of all property in the district that is nonexempt property
times the district's certified mills and, for a district with certified mills
exceeding 12, the product of the taxable value per membership pupil of property in the
district that is commercial personal property times the certified mills minus 12 mills
and the quotient of the ad valorem property tax revenue of the district captured under
tax increment financing acts divided by the district's membership excluding special
education pupils. For a district described in subsection (3)(c), the state portion of
the district's foundation allowance is an amount equal to $6,962.00 plus the
difference between the district's foundation allowance for the current state fiscal
year and the district's foundation allowance for 1998-99, minus the difference between
the sum of the product of the taxable value per membership pupil of all property in
the district that is nonexempt property times the district's certified mills and, for
a district with certified mills exceeding 12, the product of the taxable value per
membership pupil of property in the district that is commercial personal property
times the certified mills minus 12 mills and the quotient of the ad valorem property
tax revenue of the district captured under tax increment financing acts divided by the
district's membership excluding special education pupils. For a district that has a
millage reduction required under section 31 of article IX of the state constitution of
1963, the state portion of the district's foundation allowance shall be calculated as
if that reduction did not occur.
(5) The allocation calculated under this section for a pupil shall be based on
the foundation allowance of the pupil's district of residence. 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,
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 average of the
foundation allowances of each of the original or affected districts, calculated as
provided in this section, weighted as to the percentage of pupils in total membership
in the resulting district who reside in the geographic area of each of the original or
affected districts.
(9) Each fraction used in making calculations under this section shall be
rounded to the fourth decimal place and the dollar amount of an increase in the basic
foundation allowance shall be rounded to the nearest whole dollar.
(10) State payments related to payment of the foundation allowance for a
special education pupil are not calculated under this section but are instead
calculated under section 51a.
(11) To assist the legislature in determining the basic foundation allowance
for the subsequent state fiscal year, each revenue estimating conference conducted
under section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b, shall
calculate a pupil membership factor, a revenue adjustment factor, and an index as
follows:
(a) The pupil membership factor shall be computed by dividing the estimated
membership in the school year ending in the current state fiscal year, excluding
intermediate district membership, by the estimated membership for the school year
ending in the subsequent state fiscal year, excluding intermediate district
membership. If a consensus membership factor is not determined at the revenue
estimating conference, the principals of the revenue estimating conference shall
report their estimates to the house and senate subcommittees responsible for school
aid appropriations not later than 7 days after the conclusion of the revenue
conference.
(b) The revenue adjustment factor shall be computed by dividing the sum of the
estimated total state school aid fund revenue for the subsequent state fiscal year
plus the estimated total state school aid fund revenue for the current state fiscal
year, adjusted for any change in the rate or base of a tax the proceeds of which are
deposited in that fund and excluding money transferred into that fund from the
countercyclical budget and economic stabilization fund under the management and budget
act, 1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated total school aid
fund revenue for the current state fiscal year plus the estimated total state school
aid fund revenue for the immediately preceding state fiscal year, adjusted for any
change in the rate or base of a tax the proceeds of which are deposited in that fund.
If a consensus revenue factor is not determined at the revenue estimating conference,
the principals of the revenue estimating conference shall report their estimates to
the house and senate subcommittees responsible for school aid appropriations not later
than 7 days after the conclusion of the revenue conference.
(c) The index shall be calculated by multiplying the pupil membership factor by
the revenue adjustment factor. However, for 2011-2012,
the index shall be 0.93575 and
for 2012-2013 2013-2014 AND
2014-2015, the index
shall be 1.00. If a consensus index
is not determined at the revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and senate
subcommittees responsible for school aid appropriations not later than 7 days after
the conclusion of the revenue conference.
(12) For a district in which 7.75 mills levied in
1992 for school operating
purposes in the 1992-93 school year were not renewed in
1993 for school operating
purposes in the 1993-94 school year, the district's
combined state and local revenue
per membership pupil shall be recalculated as if that
millage reduction did not occur
and the district's foundation allowance shall be calculated
as if its 1994-95
foundation allowance had been calculated using that
recalculated 1993-94 combined
state and local revenue per membership pupil as a base. A
district is not entitled to
any retroactive payments for fiscal years before 2000-2001
due to this subsection. A
district receiving an adjustment under this subsection
shall not receive as a result
of this adjustment an amount that exceeds 50% of the amount
the district received as a
result of this adjustment for 2010-2011. This adjustment
shall not be made after 2011-
2012.
(13) For a district in which an industrial
facilities exemption certificate
that abated taxes on property with a state equalized
valuation greater than the total
state equalized valuation of the district at the time the
certificate was issued or
$700,000,000.00, whichever is greater, was issued under
1974 PA 198, MCL 207.551 to
207.572, before the calculation of the district's 1994-95
foundation allowance, the
district's foundation allowance for 2002-2003 is an amount
equal to the sum of the
district's foundation allowance for 2002-2003, as otherwise
calculated under this
section, plus $250.00. A district receiving an adjustment
under this subsection shall
not receive as a result of this adjustment an amount that
exceeds 50% of the amount
the district received as a result of this adjustment for
2010-2011. This adjustment
shall not be made after 2011-2012.
(12) (14) For a district that
received a grant under former section 32e for
2001-2002, the district's foundation allowance for 2002-2003 and each succeeding
fiscal year shall be adjusted to be an amount equal to the sum of the district's
foundation allowance, as otherwise calculated under this section, plus the quotient of
100% of the amount of the grant award to the district for 2001-2002 under former
section 32e divided by the number of pupils in the district's membership for 2001-2002
who were residents of and enrolled in the district. Except as otherwise provided in
this subsection, a district qualifying for a foundation allowance adjustment under
this subsection shall use the funds resulting from this adjustment for at least 1 of
grades K to 3 for purposes allowable under former section 32e as in effect for 2001-
2002. For an individual school or schools operated by a district qualifying for a
foundation allowance under this subsection that have been determined by the department
to meet the adequate yearly progress standards of the federal no child left behind act
of 2001, Public Law 107-110, in both mathematics and English language arts at all
applicable grade levels for all applicable subgroups, the district may submit to the
department an application for flexibility in using the funds resulting from this
adjustment that are attributable to the pupils in the school or schools. The
application shall identify the affected school or schools and the affected funds and
shall contain a plan for using the funds for specific purposes identified by the
district that are designed to reduce class size, but that may be different from the
purposes otherwise allowable under this subsection. The department shall approve the
application if the department determines that the purposes identified in the plan are
reasonably designed to reduce class size. If the department does not act to approve or
disapprove an application within 30 days after it is submitted to the department, the
application is considered to be approved. If an application for flexibility in using
the funds is approved, the district may use the funds identified in the application
for any purpose identified in the plan. A district receiving an adjustment under this
subsection shall not receive as a result of this adjustment an amount that exceeds
68.5% of the amount the district received as a result of this adjustment for 2010-
2011. FOR 2013-2014, A DISTRICT RECEIVING AN ADJUSTMENT UNDER THIS SUBSECTION THAT HAS
A FOUNDATION ALLOWANCE, AS CALCULATED UNDER SECTION 20, THAT IS LESS THAN $7,500.00
SHALL RECEIVE THE LESSER OF THE ADJUSTMENT CALCULATED UNDER THIS SUBSECTION OR $100.00
PER PUPIL, AND A DISTRICT RECEIVING AN ADJUSTMENT UNDER THIS SUBSECTION THAT HAS A
FOUNDATION ALLOWANCE, AS CALCULATED UNDER SECTION 20, THAT IS GREATER THAN OR EQUAL TO
$7,500.00 SHALL RECEIVE THE LESSER OF THE ADJUSTMENT CALCULATED UNDER THIS SUBSECTION
OR $50.00 PER PUPIL.
(15) For a district that levied 1.9 mills in 1993
to finance an operating
deficit, the district's foundation allowance shall be
calculated as if those mills
were included as operating mills in the calculation of the
district's 1994-1995
foundation allowance. A district is not entitled to any
retroactive payments for
fiscal years before 2006-2007 due to this subsection. A
district receiving an
adjustment under this subsection shall not receive more
than $800,000.00 for a fiscal
year as a result of this adjustment. A district receiving
an adjustment under this
subsection shall not receive as a result of this adjustment
an amount that exceeds 50%
of the amount the district received as a result of this
adjustment for 2010-2011. This
adjustment shall not be made after 2011-2012.
(16) For a district that levied 2.23 mills in
1993 to finance an operating
deficit, the district's foundation allowance shall be
calculated as if those mills
were included as operating mills in the calculation of the
district's 1994-1995
foundation allowance. A district is not entitled to any
retroactive payments for
fiscal years before 2006-2007 due to this subsection. A
district receiving an
adjustment under this subsection shall not receive more
than $500,000.00 for a fiscal
year as a result of this adjustment. A district receiving
an adjustment under this
subsection shall not receive as a result of this adjustment
an amount that exceeds 50%
of the amount the district received as a result of this
adjustment for 2010-2011. This
adjustment shall not be made after 2011-2012.
(13) (17) 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.
(14) (18) 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.
(15) (19) As used in this
section:
(a) "Certified mills" means the lesser of 18 mills or the number of mills of
school operating taxes levied by the district in 1993-94.
(b) "Combined state and local revenue" means the aggregate of the district's
state school aid received by or paid on behalf of the district under this section and
the district's local school operating revenue.
(c) "Combined state and local revenue per membership pupil" means the
district's combined state and local revenue divided by the district's membership
excluding special education pupils.
(d) "Current state fiscal year" means the state fiscal year for which a
particular calculation is made.
(e) "Immediately preceding state fiscal year" means the state fiscal year
immediately preceding the current state fiscal year.
(f) "Local school operating revenue" means school operating taxes levied under
section 1211 of the revised school code, MCL 380.1211.
(g) "Local school operating revenue per membership pupil" means a district's
local school operating revenue divided by the district's membership excluding special
education pupils.
(h) "Maximum public school academy allocation", except as otherwise provided in
this subdivision, means the maximum per-pupil allocation as calculated by adding the
highest per-pupil allocation among all public school academies for the immediately
preceding state fiscal year plus the difference between twice the dollar amount of the
adjustment from the immediately preceding state fiscal year to the current state
fiscal year made in the basic foundation allowance and [(the dollar amount of the
adjustment from the immediately preceding state fiscal year to the current state
fiscal year made in the basic foundation allowance minus $20.00) times (the difference
between the highest per-pupil allocation among all public school academies for the
immediately preceding state fiscal year and the sum of $7,108.00 plus the total dollar
amount of all adjustments made from 2006-2007 to the immediately preceding state
fiscal year in the lowest per-pupil allocation among all public school academies)
divided by the difference between the basic foundation allowance for the current state
fiscal year and the sum of $7,108.00 plus the total dollar amount of all adjustments
made from 2006-2007 to the immediately preceding state fiscal year in the lowest per-
pupil allocation among all public school academies]. For 2011-2012
and 2012-2013 2013-
2014 AND 2014-2015, maximum public school academy allocation means $7,110.00.
(i) "Membership" means the definition of that term under section 6 as in effect
for the particular fiscal year for which a particular calculation is made.
(j) "Nonexempt property" means property that is not a principal residence,
qualified agricultural property, qualified forest property, supportive housing
property, industrial personal property, or commercial personal property.
(k) "Principal residence", "qualified agricultural property", "qualified forest
property", "supportive housing property", "industrial personal property", and
"commercial personal property" mean those terms as defined in section 1211 of the
revised school code, MCL 380.1211.
(l) "School operating purposes" means the purposes included in the operation
costs of the district as prescribed in sections 7 and 18.
(m) "School operating taxes" means local ad valorem property taxes levied under
section 1211 of the revised school code, MCL 380.1211, and retained for school
operating purposes.
(n) "Tax increment financing acts" means 1975 PA 197, MCL 125.1651 to 125.1681,
the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the
local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, or the corridor
improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899.
(o) "Taxable value per membership pupil" means taxable value, as certified by
the department of treasury, for the calendar year ending in the current state fiscal
year divided by the district's membership excluding special education pupils for the
school year ending in the current state fiscal year.
Sec. 20d. In making the final determination required under former section 20a
of a district's combined state and local revenue per membership pupil in 1993-94 and
in making calculations under section 20 for 2012-2013
2013-2014 AND 2014-2015, the
department and the department of treasury shall comply with all of the following:
(a) For a district that had combined state and local revenue per membership
pupil in the 1994-95 state fiscal year of $6,500.00 or more and served as a fiscal
agent for a state board designated area vocational education center in the 1993-94
school year, total state school aid received by or paid on behalf of the district
pursuant to this act in 1993-94 shall exclude payments made under former section 146
and under section 147 on behalf of the district's employees who provided direct
services to the area vocational education center. Not later than June 30, 1996, the
department shall make an adjustment under this subdivision to the district's combined
state and local revenue per membership pupil in the 1994-95 state fiscal year and the
department of treasury shall make a final certification of the number of mills that
may be levied by the district under section 1211 of the revised school code, MCL
380.1211, as a result of the adjustment under this subdivision.
(b) If a district had an adjustment made to its 1993-1994 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
1993-1994, 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 1995-1996 and 1996-1997 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 1993-1994 included resident pupils attending the center program
and excluded nonresident pupils attending the center program.
SEC. 21F. (1) A PUPIL ENROLLED IN A DISTRICT IN ANY OF GRADES 5 TO 12 IS
ELIGIBLE TO ENROLL IN ONLINE COURSES AS PROVIDED FOR IN THIS SECTION. 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 PUBLIC SCHOOL
SHALL ENROLL AN ELIGIBLE PUPIL IN UP TO 2 ONLINE COURSES AS REQUESTED BY THE PUPIL
DURING AN ACADEMIC TERM, SEMESTER, OR TRIMESTER. HOWEVER, IF A PUPIL HAS DEMONSTRATED
PREVIOUS SUCCESS WITH ONLINE COURSES AND THE DISTRICT 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 AN ACADEMIC TERM, SEMESTER, OR TRIMESTER.
(3) AN ELIGIBLE PUPIL AS DETERMINED IN SUBSECTION (1) MAY ENROLL IN ONLINE
COURSES PUBLISHED IN THE PUPIL’S EDUCATING DISTRICT CATALOG OF ONLINE COURSES
DESCRIBED IN SUBSECTION (6)(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) AN EDUCATING DISTRICT MAY PROHIBIT PUPIL ENROLLMENT IN ONLINE COURSES 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, OR
(D) THE PUPIL DOES NOT POSSESS THE PREREQUISITE KNOWLEDGE AND SKILLS TO BE
SUCCESSFUL IN THE ONLINE COURSE.
(E) 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 OF RESIDENCE, citing the reason PROVIDED BY THE DISTRICT FOR NOT
ENROLLING THE PUPIL AND THE REASON WHY the enrollment SHOULD be approved. The
intermediate district superintendent or designee SHALL respond to the appeal within
five days AFTER IT IS RECEIVED. If the intermediate district superintendent or
designee determines the denial of enrollment does not meet one or more of the reasons
specified IN THIS SUBSECTION, the PUPIL must BE allowED to enroll in the online
course.
(6) IN ORDER TO OFFER OR PROVIDE AN ONLINE COURSE, A DISTRICT SHALL DO ALL OF
THE FOLLOWING:
(A) FOR ALL ONLINE COURSES OFFERED BY THE DISTRICT, PROVIDE THE MICHIGAN
VIRTUAL UNIVERSITY WITH THE COURSE SYLLABI IN A FORM AND METHOD PRESCRIBED BY THE
MICHIGAN VIRTUAL UNIVERSITY FOR INCLUSION IN A STATEWIDE ONLINE COURSE CATALOG.
DISTRICTS SHALL ALSO PROVIDE A LINK TO ITS COURSE SYLLABI AND A LINK TO THE STATEWIDE
CATALOG OF ONLINE COURSES MAINTAINED BY MICHIGAN VIRTUAL UNIVERSITY AS DESCRIBED IN
SECTION 98 ON ITS PUBLICALLY-ACCESSIBLE WEBSITE.
(B) OFFER ONLINE COURSES ON AN OPEN ENTRY AND EXIT METHOD, OR ALIGNED TO A
SEMESTER, TRIMESTER, OR ACCELERATED ACADEMIC TERM FORMAT.
(7) FOR A PUPIL ENROLLED IN ONE OR MORE ONLINE COURSES PUBLISHED IN THE PUPIL’S
EDUCATING DISTRICT CATALOG OF ONLINE COURSES, OR THE STATEWIDE CATALOG OF ONLINE
COURSES MAINTAINED BY THE MICHIGAN VIRTUAL UNIVERSITY, THE DISTRICT shall use
FOUNDATION ALLOWANCE funds CALCULATED UNDER SECTION 20 TO PAY FOR the expenses
associated with the online course or courses.
(8) ONLINE LEARNING PUPILS SHALL HAVE THE SAME RIGHTS AND ACCESS TO TECHNOLOGY
IN THEIR EDUCATING DISTRICT SCHOOL FACILITIES AS ALL OTHER PUPILS ENROLLED IN THE
EDUCATING DISTRICT.
(9) IF A PUPIL SUCCESSFULLY COMPLETES AN ONLINE COURSE, THE PUPIL’S EDUCATING
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 COURSE SYLLABUS DEFINED IN SUBSECTION (10).
(10) 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 Michigan certificated teacher 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 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 IN THE ONLINE COURSE.
(C) "ONLINE LEARNING PUPIL" MEANS A PUPIL ENROLLED IN ONE OR MORE ONLINE
COURSES.
Sec. 22a. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $5,776,000,000.00 $5,558,000,000.00 for 2011-2012 2013-2014 and
there is allocated an amount not to exceed $5,712,000,000.00
$5,464,000,000.00 for
2012-2013 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
1994-1995 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-
1995 total state and local per pupil revenue for school operating purposes, there is
allocated to each district a state portion of the district's 1994-1995 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 1994-1995
foundation allowance or $6,500.00, whichever is less, minus the difference between the
sum of the product of the taxable value per membership pupil of all property in the
district that is nonexempt property times the district's certified mills and, for a
district with certified mills exceeding 12, the product of the taxable value per
membership pupil of property in the district that is commercial personal property
times the certified mills minus 12 mills and the quotient of the ad valorem property
tax revenue of the district captured under tax increment financing acts divided by the
district's membership. For a district that has a millage reduction required under
section 31 of article IX of the state constitution of 1963, the state portion of the
district's foundation allowance shall be calculated as if that reduction did not
occur.
(b) For a district that had a 1994-95 foundation allowance greater than
$6,500.00, the state payment under this subsection shall be the sum of the amount
calculated under subdivision (a) plus the amount calculated under this subdivision.
The amount calculated under this subdivision shall be equal to the difference between
the district's 1994-1995 foundation allowance minus $6,500.00 and the current year
hold harmless school operating taxes per pupil. If the result of the calculation under
subdivision (a) is negative, the negative amount shall be an offset against any state
payment calculated under this subdivision. If the result of a calculation under this
subdivision is negative, there shall not be a state payment or a deduction under this
subdivision. The taxable values per membership pupil used in the calculations under
this subdivision are as adjusted by ad valorem property tax revenue captured under tax
increment financing acts divided by the district's membership.
(3) Beginning in 2003-2004, for pupils in membership in a qualifying public
school academy, 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) 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-
1995 foundation allowance under this section beginning after the effective date of the
consolidation or annexation shall be the average of the 1994-1995 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 1994-1995 foundation allowance is less than the 1994-1995 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 1994-1995 basic foundation allowance.
(6) Subject to conditions set forth in this
subsection, from the allocation in
subsection (1), there is allocated for 2011-2012 only an
amount not to exceed
$6,000,000.00 for payments to districts that meet the
eligibility requirements under
this subsection, for the reduction in school operating revenues
resulting from a
settlement or other disposition of appeals described in
subdivision (a). A payment may
only be made under this subsection if a settlement
agreement is signed by all
applicable parties. Payments made under this subsection
shall be in accordance with
the settlement agreement. All of the following apply to
payments under this
subsection:
(a) To be eligible for a payment under this
subsection, a district shall be
determined by the department and the department of treasury
to meet all of the
following:
(i) The district does not receive any
state portion of its foundation
allowance, as calculated under section 20(4).
(ii) Before January 1, 2011, the owner of
a natural-gas-powered power plant
located in a renaissance zone within the district's
geographic boundaries for 2009 and
2010 appealed to the Michigan tax tribunal an order of the
state tax commission for
tax years 2009 and 2010 pursuant to section 154 of the
general property tax act, 1893
PA 206, MCL 211.154, and appealed to the state tax
commission the 2011 classification
and valuation of the power plant.
(iii) The district received a reduced
amount of local school operating revenue
for tax years 2009, 2010, and 2011 as a result of the
exemptions of industrial
personal property and commercial personal property under
section 1211 of the revised
school code, MCL 380.1211.
(iv) A settlement agreement has been
signed to resolve the Michigan tax
tribunal appeal described in subparagraph (ii) and a
memorandum of understanding that
stipulates terms of the settlement has been executed by the
parties.
(b) A payment made under this subsection shall be
in addition to renaissance
zone reimbursement amounts paid in the 2009-2010 and
2010-2011 state fiscal years
under section 26a to districts eligible for payment under
this subsection. The 2009-
2010 and 2010-2011 state fiscal year payments under section
26a to a district
receiving a payment under this subsection shall not be
reduced as a result of the
reduction to the district's 2009 and 2010 taxable value of
real property under the
appeals described in subdivision (a)(ii).
(6) (7) As used in this section:
(a) "1994-1995 foundation allowance" means a district's 1994-1995 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 1993-1994.
(c) "Current state fiscal year" means the state fiscal year for which a
particular calculation is made.
(d) "Current year hold harmless school operating taxes per pupil" means the per
pupil revenue generated by multiplying a district's 1994-95 hold harmless millage by
the district's current year taxable value per membership pupil.
(e) "Hold harmless millage" means, for a district with a 1994-1995 foundation
allowance greater than $6,500.00, the number of mills by which the exemption from the
levy of school operating taxes on a homestead, qualified agricultural property,
qualified forest property, supportive housing property, industrial personal property,
and commercial personal property could be reduced as provided in section 1211 of the
revised school code, MCL 380.1211, and the number of mills of school operating taxes
that could be levied on all property as provided in section 1211(2) of the revised
school code, MCL 380.1211, as certified by the department of treasury for the 1994 tax
year.
(f) "Homestead", "qualified agricultural property", "qualified forest
property", "supportive housing property", "industrial personal property", and
"commercial personal property" mean those terms as defined in section 1211 of the
revised school code, MCL 380.1211.
(g) "Membership" means the definition of that term under section 6 as in effect
for the particular fiscal year for which a particular calculation is made.
(h) "Nonexempt property" means property that is not a principal residence,
qualified agricultural property, qualified forest property, supportive housing
property, industrial personal property, or commercial personal property.
(i) "Qualifying public school academy" means a public school academy that was
in operation in the 1994-1995 school year and is in operation in the current state
fiscal year.
(j) "School operating taxes" means local ad valorem property taxes levied under
section 1211 of the revised school code, MCL 380.1211, and retained for school
operating purposes.
(k) "Tax increment financing acts" means 1975 PA 197, MCL 125.1651 to 125.1681,
the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the
local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, or the corridor
improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899.
(l) "Taxable value per membership pupil" means each of the following divided by
the district's membership:
(i) For the number of mills by which the exemption from the levy of school
operating taxes on a homestead, qualified agricultural property, qualified forest
property, supportive housing property, industrial personal property, and commercial
personal property may be reduced as provided in section 1211 of the revised school
code, MCL 380.1211, the taxable value of homestead, qualified agricultural property,
qualified forest property, supportive housing property, industrial personal property,
and commercial personal property for the calendar year ending in the current state
fiscal year.
(ii) For the number of mills of school operating taxes that may be levied on
all property as provided in section 1211(2) of the revised school code, MCL 380.1211,
the taxable value of all property for the calendar year ending in the current state
fiscal year.
Sec. 22b. (1) From the state funds appropriated
APPROPRIATION in section 11,
there is allocated for 2011-2012 2013-2014 an amount not to exceed $3,052,000,000.00
$3,304,000,000.00 and there is allocated for 2012-2013
2014-2015 an amount not to
exceed $3,152,300,000.00 $3,383,000,000.00 for discretionary nonmandated payments to
districts under this section. Funds allocated under this section that are not expended
in the state fiscal year for which they were allocated, as determined by the
department, may be used to supplement the allocations under sections 22a and 51c in
order to fully fund those calculated allocations for the same fiscal year.
(2) 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) Administer in each grade level that it
operates in grades 1 to 5 a
standardized assessment approved by the department of
grade-appropriate basic
educational skills. A district may use the Michigan
literacy progress profile to
satisfy this requirement for grades 1 to 3. Also, if the
revised school code is
amended to require annual assessments at additional grade
levels, in order to receive
an allocation under this section each district shall comply
with that requirement
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.
(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.
(12) Not later than January 1, 2013, the
department shall submit a report to
the legislature identifying the amount of the savings that
the department has
calculated as having been achieved due to the revised
number of instructional hours
used to calculate full-time equated memberships for
kindergarten pupils under section
6(4)(r) as amended by 2011 PA 62.
Sec. 22c. From the APPROPRIATION in section 11, there is allocated for 2013-
2014 an amount not to exceed $24,000,000.00 to make equity payments to districts that
have a foundation allowance or per pupil payment AS calculated under section 20 for
2013-2014 of less than $7,000.00. The equity payment for a district shall be an amount
per membership pupil equal to the lesser of $34.00 or the difference between $7,000.00
and the district’s 2013-2014 foundation allowance or per pupil payment as calculated
under section 20.
Sec. 22d. (1) From the appropriation in section 11, an amount not to exceed
$2,025,000.00 is allocated each fiscal year for 2011-2012
2013-2014 and for 2012-2013
2014-2015 for supplemental payments to rural districts under this section.
(2) From the allocation under subsection (1), there is allocated each fiscal
year for 2011-2012 2013-2014 and
for 2012-2013 2014-2015 an amount not to exceed
$750,000.00 for payments under this subsection to districts that meet all of the
following:
(a) Operates grades K to 12.
(b) Has fewer than 250 pupils in membership.
(c) Each school building operated by the district meets at least 1 of the
following:
(i) Is located in the Upper Peninsula at least 30 miles from any other public
school building.
(ii) Is located on an island that is not accessible by bridge.
(3) The amount of the additional funding to each eligible district under
subsection (2) shall be determined under a spending plan developed as provided in this
subsection and approved by the superintendent of public instruction. The spending plan
shall be developed cooperatively by the intermediate superintendents of each
intermediate district in which an eligible district is located. The intermediate
superintendents shall review the financial situation of each eligible district,
determine the minimum essential financial needs of each eligible district, and develop
and agree on a spending plan that distributes the available funding under subsection
(2) to the eligible districts based on those financial needs. The intermediate
superintendents shall submit the spending plan to the superintendent of public
instruction for approval. Upon approval by the superintendent of public instruction,
the amounts specified for each eligible district under the spending plan are allocated
under subsection (2) and shall be paid to the eligible districts in the same manner as
payments under section 22b.
(4) Subject to subsection (6), from the allocation in subsection (1), there is
allocated each fiscal year for 2011-2012 2013-2014 and for 2012-2013 2014-2015 an
amount not to exceed $1,275,000.00 for payments under this subsection to districts
that meet all of the following:
(a) The district has 5.0 or fewer pupils per square mile as determined by the
department.
(b) The district has a total square mileage greater than 200.0 or is 1 of 2
districts that have consolidated transportation services and have a combined total
square mileage greater than 200.0.
(5) The funds allocated under subsection (4) shall be allocated on an equal per
pupil basis.
(6) A district receiving funds allocated under subsection (2) is not eligible
for funding allocated under subsection (4).
Sec. 22f. (1) From the appropriation in section 11, there is allocated for
2012-2013 2013-2014 an amount not to exceed $80,000,000.00
$25,000,000.00 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 $16.00 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, 2013 2014:
(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 2011 PA 152, MCL 15.563 TO
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 2012-2013
2013-2014. THE UNFUNDED ACCRUED LIABILITY COSTS FOR RETIREMENT AND
OTHER
BENEFITS SHALL BE EXCLUDED FROM THE DISTRICT’S CURRENT COSTS FOR THE PURPOSE OF
COMPARING COMPETITIVE BIDS TO THE CURRENT COSTS OF PROVIDING SERVICES.
(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 instructional
programs COURSES or blended
learning opportunities to all eligible pupils. In order to satisfy this requirement,
districts must make all eligible pupils and their parents or guardians aware of these
opportunities. FOR EVERY ONLINE COURSE THAT A DISTRICT OFFERS, THE DISTRICT MUST
PUBLISH AN ONLINE COURSE SYLLABI AS DESCRIBED IN SECTION 21F. For the purposes of this
subdivision:
(i) "Blended learning" means a hybrid instructional delivery model where pupils
are provided face-to-face CONTENT, instruction, AND
ASSESSMENT, in part at
a
supervised school EDUCATIONAL facility
away from home WHERE THE PUPIL AND A
MICHIGAN-
CERTIFIED
TEACHER ARE IN THE SAME PHYSICAL LOCATION and partially through computer-
based and internet-connected learning environments with some degree
of pupil control
over time, location, and pace of instruction.
(ii) "Online instructional program
COURSE" means a course of study that
generates IS CAPABLE OF
GENERATING a credit or
a grade, THAT IS provided in an
interactive computer-based and internet-connected
learning environment, in which
pupils are separated from their teachers by time or location, or both, and in which a
Michigan certificated teacher is responsible for providing
direct instruction
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, A LISTING OF ALL DEBT
SERVICE OBLIGATIONS, DETAILED BY PROJECT, INCLUDING ANTICIPATED FISCAL YEAR 2013-2014
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 consistent with the state board's
policy on quality physical education adopted September 25, 2003, or provides health
education consistent with the state board's policy on comprehensive school health
education adopted June 8, 2004.
(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 2013-2014 2014-2015.
(4) If the department determines that funds allocated under this section will
remain unexpended after the initial allocation of $52.00
$16.00 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. 22i. (1) From the funds appropriated in section 11, there is allocated for
2012-2013 2013-2014 an amount not to exceed $50,000,000.00
$13,500,000.00 for THE
SECOND
YEAR OF THE TWO-YEAR technology
infrastructure grants PROGRAM to FOR districts
or to intermediate districts on behalf of their
constituent districts. Funds received
under this section shall be used for access to a
computer-adaptive test or for the
development or improvement of a district's technology infrastructure, INSTRUCTIONAL
PRACTICE AND THE SHARED SERVICE CONSOLIDATION OF TECHNOLOGY, AND DATA, including, but
not limited to, hardware and software, 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 IN WHICH ALL ELIGIBLE DISTRICTS AND INTERMEDIATE DISTRICTS MAY
PARTICIPATE. 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 this section, 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.
Sec. 22j. (1) From the appropriation in section 11, there is allocated EACH
FISCAL
YEAR for 2012-2013
2013-2014 AND 2014-2015 an amount not to exceed
$30,000,000.00 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 2010-2011 2011-2012 school year, the department shall
calculate a point score using a metric that assigns points to each of those pupils as
follows:
(i) For each pupil who began the school year not performing proficiently in
mathematics and who declines in proficiency, as 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 2010-2011 2011-2012 school year by totaling the number
of points for all pupils in
grades 3 to 8 under subdivision (a) and dividing that total by the number of those
pupils.
(c) A district is a qualifying district for the payment under this subsection
if the district average for the 2010-2011 2011-2012 school year under subdivision (b)
is at least equal to a factor of 1.5, and the district tested at least 95% of its
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 2010-2011 2011-2012 school year, the department shall
calculate a point score using a metric that assigns points to each of those pupils as
follows:
(i) For each pupil who began the school year not performing proficiently in
reading and who declines in proficiency, as 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 2010-2011 2011-2012 school year by totaling the number
of points for all pupils in
grades 3 to 8 under subdivision (a) and dividing that total by the number of those
pupils.
(c) A district is a qualifying district for the payment under this subsection
if the district average for the 2010-2011 2011-2012 school year under subdivision (b)
is at least equal to a factor of 1.5, and the district tested at least 95% of its
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 2010-2011
2011-2012 school year as adjusted for changes in cut scores most recently adopted for
the Michigan merit examination.
(b) Calculate a statewide average for all districts operating a high school of
the linear regression of the percentage of high school pupils testing as proficient in
all tested subject areas on state assessments of high school pupils on school year
over the 4-year period ending with the 2010-2011 2011-2012 school year, as adjusted
for changes in cut scores most recently adopted for the Michigan merit examination as
the base year for all comparisons.
(c) A district is a qualifying district for the payment under this subsection
if the district's linear regression over the 4-year period
ending with the 2010-2011
2011-2012 school year under subdivision (a) is at least equal to the statewide average
linear regression over the 4-year period ending with the base year under subdivision
(b), and the district's linear regression over the 4-year
period ending with the 2010-
2011 2011-2012 school year under subdivision (a) is
positive, and the district tested
95% of high school pupils in each tested subject on the
Michigan merit examination
STATE ASSESSMENTS, and the district had at least 20 full academic year pupils take all
tested subjects on the Michigan merit examination 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. 22K. (1) FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED FOR
2013-2014 AN AMOUNT NOT TO EXCEED $8,000,000.00 FOR COMPETITIVE STUDENT-CENTRIC GRANTS
TO ELIGIBLE DISTRICTS.
(2) IN ORDER TO BE ELIGIBLE TO RECEIVE GRANTS, A DISTRICT SHALL DEMONSTRATE
THAT THE DISTRICT DOES ALL OF THE FOLLOWING TO THE SATISFACTION OF THE DEPARTMENT:
(A) PROVIDES A RIGOROUS CURRICULUM ALIGNED TO STATE, NATIONAL AND INTERNATIONAL
STANDARDS.
(B) ORGANIZES INSTRUCTIONAL DELIVERY IN SUCH A WAY THAT INDIVIDUAL STUDENTS
ADVANCE TO THE NEXT LEVEL OF LEARNING BASED ON THEIR INDIVIDUAL MASTERY OF EACH
SUBJECT AREA.
(C) ALLOWS FOR SCHOOL SITE-BASED AUTONOMY IN DECISION MAKING.
(D) ENSURES THAT TEACHERS HAVE ACCESS TO:
(I) TIMELY AND MEANINGFUL STUDENT ACADEMIC ACHIEVEMENT DATA.
(II) BEST INSTRUCTIONAL PRACTICES.
(III) TIME TO COLLABORATE WITH OTHERS.
(IV) MENTORS.
(V) PROFESSIONAL DEVELOPMENT TIED TO STUDENT NEEDS AS DEMONSTRATED BY DATA.
(3) DISTRICTS SHALL SUBMIT APPLICATIONS TO THE DEPARTMENT BY OCTOBER 1, 2013 IN
A FORM AND MANNER DETERMINED BY THE DEPARTMENT. THE DEPARTMENT SHALL AWARD GRANTS ON A
PER PUPIL BASIS TO ELIGIBLE RECIPIENTS NO LATER THAN DECEMBER 30, 2013.
Sec. 24. (1) From the appropriation in section 11, there is allocated EACH
FISCAL
YEAR for 2012-2013
2013-2014 AND 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 act 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 $2,135,800.00 $2,167,500.00 for 2012-2013 2013-2014
AND 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 EACH FISCAL
YEAR an amount not to exceed
$1,500,000.00 for 2012-2013 2013-2014
AND 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 located within the district and is administered by the department of
military and veterans affairs. Both of the following apply to a district receiving
payments under this section:
(a) The district shall contract with the department of military and veterans
affairs to ensure that all funding allocated under this section is utilized by the
district and the department of military and veterans affairs for the youth challenge
program.
(b) The district may retain for its administrative expenses an amount not to
exceed 3% of the amount of the payment the district receives under this section.
Sec. 25. (1) Unless another method of pupil accounting is enacted, this section
applies beginning in 2013-2014.
(2) If a pupil enrolls in a district or intermediate district after the pupil
membership 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 shall report the enrollment and attendance information to the department. If
the pupil transfers from another district or intermediate district, the educating
district or intermediate district also shall report the enrollment and attendance
information to that other district or intermediate district. Upon receipt of
enrollment 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 department shall do both 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 the
pupil’s enrollment and attendance, if any, so that the district’s or intermediate
district’s membership is prorated to allow the district or intermediate district to
receive for each school day in which the pupil was enrolled and in attendance in the
district an amount equal to 1/180 of the foundation allowance or per pupil payment as
calculated under section 20 for the district or intermediate district. The foundation
allowance or per pupil payment shall be adjusted by the pupil’s full-time equated
status as affected by the membership definition under section 6(4).
(b) Include in the membership calculation for the educating district or
intermediate district for each school day in which the pupil is enrolled and is in
attendance in the educating district or intermediate district, not to exceed a number
of school days equal to the difference between 180 and the number of school days in
which the pupil was reported under this section as previously enrolled in 1 or more
other districts or intermediate districts, an amount equal to 1/180 of the 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).
(3) The changes in calculation of state school aid required under subsection
(2) 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 act ARTICLE for the fiscal year to the affected
districts or intermediate districts on this recalculation of state school aid.
(4) If a pupil enrolls in an educating district or intermediate district as
described in subsection (2), if adjustments are made in calculations pursuant to
subsection (1) due to that enrollment, and if the pupil subsequently ceases to be
enrolled and in attendance in the educating district or intermediate district, the
educating district or intermediate district that received an adjustment in its
membership calculation under subsection (2) shall notify the department of the last
date of the pupil’s enrollment and attendance in the educating district or
intermediate district and the number of days the pupil was enrolled in the educating
district or intermediate district.
(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 (2), if any, and
the educating district or intermediate district shall provide to the department all
information the department requires 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 in section 11, there
is allocated EACH
FISCAL YEAR an amount
not to exceed $25,137,500.00 for 2011-2012 and
an amount not to exceed $26,300,000.00 for 2012-2013 FISCAL YEAR 2013-2014 AND FISCAL
YEAR 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 2012 2013 OR
2014 AS APPLICABLE. The
allocations shall be made not later than 60
days after the department of treasury certifies to the department and to the state
budget director that the department of treasury has received all necessary information
to properly determine the amounts due to each eligible recipient.
(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
$1,500,000.00 for 2012-2013 to reimburse public libraries
pursuant to section 12 of
the Michigan renaissance zone act, 1996 PA 376, MCL
125.2692, for taxes levied in
2012. 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
2012-2013 2013-2014 an amount not to exceed $3,328,000.00 $4,009,500.00 AND FOR 2014-
2015 AN AMOUNT NOT TO EXCEED $4,410,500.00 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 EACH
FISCAL
YEAR an amount not to
exceed $276,800.00 $224,000.00 for 2011-2012 2013-2014
AND
2014-2015 and an
amount not to exceed $347,800.00 for 2012-2013 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 EACH
FISCAL YEAR for 2012-2013
2013-2014 AND 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.
(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 sum of the district's or public school academy's or the education
achievement system's combined state and local revenue per membership pupil in the
current state fiscal year, as calculated under section 20, is less than or equal to
the basic foundation allowance under section 20 for the current state fiscal year.
(b) The district or public school academy or the education achievement system
agrees to use the funding only for purposes allowed under this section and to comply
with the program and accountability requirements under this section.
(3) Except as otherwise provided in this subsection, an eligible district or
eligible public school academy or the education achievement system shall receive under
this section for each membership pupil in the district or public school academy or the
education achievement system who met the income eligibility criteria for free
breakfast, lunch, or milk, as determined under the Richard B. Russell national school
lunch act and as reported to the department 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 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 or counseling
services, for at-risk pupils; for school health clinics; FOR PRESCHOOL PROGRAMS
PURSUANT TO SECTION 32D; and for the purposes of subsection (5), (6), or (7). In
addition, a district that is a school district of the first class or a district or
public school academy 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), 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 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 EACH
FISCAL
YEAR for 2012-2013
2013-2014 AND 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) for that fiscal year.
(7) From the funds allocated under subsection (1), there is allocated EACH
FISCAL
YEAR for 2012-2013
2013-2014 AND 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 by the
district or public school academy or the education achievement system using funds
under this section, the amount of funds under this section allocated to each of those
programs, the number of at-risk pupils eligible for free or reduced price school lunch
who were served by each of those programs, and the total number of at-risk pupils
served by each of those programs. If a district or public school academy or the
education achievement system does not comply with this subsection, the department
shall withhold an amount equal to the August payment due under this section until the
district or public school academy or the education achievement system complies with
this subsection. If the district or public school academy or the education achievement
system does not comply with this subsection by the end of the state fiscal year, the
withheld funds shall be forfeited to the school aid fund.
(9) In order to receive funds under this section, a district or public school
academy or the education achievement system shall allow access for the department or
the department's designee to audit all records related to the program for which it
receives those funds. The district or public school academy or the education
achievement system shall reimburse the state for all disallowances found in the audit.
(10) Subject to subsections (5), (6), (7), (12), and (13), any district may use
up to 100% of the funds it receives under this section to reduce the ratio of pupils
to teachers in grades K-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), if a district obtains a waiver from the
department, the ANY district may use up
to 100% of the funds it receives under this section to reduce the ratio of pupils to
teachers in grades K-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 obtain a
waiver, a district must apply
to the department and demonstrate to the satisfaction of
the department that the class
size reductions would be in the best interests of the
district's at-risk pupils.
(11) A district or public school academy or the education achievement system
may use funds received under this section for adult high school completion, general
educational development (G.E.D.) test preparation, adult English as a second language,
or adult basic education programs described in section 107.
(12) For an individual school or schools operated by a district or public
school academy 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.
(14) If necessary, and before any proration required
under section 11 296, 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).
(15) If a district is formed by consolidation after June 1, 1995, and if 1 or
more of the original districts was not eligible before the consolidation for an
additional allowance under this section, the amount of the additional allowance under
this section for the consolidated district shall be based on the number of pupils
described in subsection (1) enrolled in the consolidated district who reside in the
territory of an original district that was eligible before the consolidation for an
additional allowance under this section.
(16) As used in this section, "at-risk pupil" means a pupil for whom the
district has documentation that the pupil meets at least 2 of the following criteria:
is a victim of child abuse or neglect; is below grade level
in English language and
communication skills 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, component WRITING,
MATHEMATICS, SCIENCE OR SOCIAL STUDIES
COMPONENTS of the most recent Michigan merit examination for which results for the
pupil have been received, did not achieve proficiency on
the mathematics component of
the most recent Michigan merit examination for which
results for the pupil have been
received, or did not achieve basic competency on the
science component of the most
recent Michigan merit examination for which results for the
pupil have been received.
For pupils in grades K-3, at-risk pupil also includes a pupil who is at risk of not
meeting the district's core academic curricular objectives in English language arts or
mathematics.
(17) A district or public school academy 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. 31d. (1) From the appropriations in section 11, there is allocated EACH
FISCAL
YEAR an amount not to
exceed $22,495,100.00 for 2012-2013 2013-2014
AND 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
2012-2013 2013-2014 AND
2014-2015 all available
federal funding, estimated at
$400,000,000.00 $460,000,000.00, for the national school lunch
program and all
available federal funding, estimated at $2,506,000.00
$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 EACH
FISCAL
YEAR an amount not to
exceed $9,625,000.00 $5,625,000.00 for 2012-2013 2013-
2014 AND 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 $109,275,000.00
$174,275,000.00 for
2012-2013 2013-2014 AND AN
AMOUNT NOT TO EXCEED $239,275,000.00 FOR 2014-2015. Funds
allocated under this section shall be used to provide part-day, school-day, or
GSRP/head start blended comprehensive free compensatory classroom programs designed to
do 1 or both of the following:
(a) Improve IMPROVE the
readiness and subsequent achievement of educationally
disadvantaged children as defined by the department who
will be at least 4, but less
than 5 years of age, as of December 1 of the school year in
which the programs are
offered, and who meet the participant eligibility and prioritization
guidelines as
defined by the state board DEPARTMENT. BEGINNING IN
2013-2014, 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.
(b) Provide preschool and parenting education
programs similar to those under
former section 32b as in effect for 2001-2002. Beginning in
2007-2008, funds spent for
programs described in this subdivision shall not exceed the
amount spent under this
subdivision for the immediately preceding fiscal year.
Funds spent for programs
described in this subdivision shall be used for services to
families with income below
300% of the federal poverty level.
(2) Funds allocated under this section shall be allocated to intermediate
districts or consortia of intermediate districts. An intermediate district or
consortium of intermediate districts receiving funding under this section shall act as
the fiduciary for the great start readiness programs. For 2012-2013 2013-2014, the
fiduciary intermediate districts and consortia of
intermediate districts shall
allocate the funding under this section as follows:
(a) An AN
amount not to exceed $100,400,000.00
$174,275,000.00 AND
FOR 2014-
2015, AN AMOUNT NOT TO EXCEED $239,275,000.00 IS allocated to intermediate districts
and consortia of intermediate districts as directed by
the department based on the
formula in section 39. In order to be eligible to receive funds allocated under this
subdivision SUBSECTION from an intermediate district or
consortium of intermediate
districts, a district or,
consortium of districts, OR A PUBLIC OR
PRIVATE FOR-PROFIT
OR NONPROFIT LEGAL ENTITY OR AGENCY shall comply with this section and section 39.
(b) An amount not to exceed $8,875,000.00
allocated in grants to competitive
great start readiness programs as directed by the department
based on the grant award
process in section 32l. In order to be eligible to receive
funds allocated under this
section from an intermediate district or consortium of
intermediate districts, a
competitive great start readiness program shall comply with
this section and section
32l.
(3) In addition to the allocation under subsection (1), from the general fund
money appropriated under section 11, there is allocated FOR EACH FISCAL YEAR an amount
not to exceed $300,000.00 for 2012-2013 2013-2014 AND 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. At a
minimum, the process shall include all other funded
preschool programs that may serve
children in the same geographic area, to assure that each child is
enrolled in the
program most appropriate to his or her needs and to maximize the use of federal,
state, and local funds.
(b) An age-appropriate educational curriculum that is in compliance with the
early childhood standards of quality for prekindergarten children adopted by the state
board.
(c) Nutritional services for all program participants SUPPORTED BY FEDERAL,
STATE AND LOCAL RESOURCES AS APPLICABLE.
(d) Health and developmental screening services for all program participants.
(e) Referral services for families of program participants to community social
service agencies, as appropriate.
(f) Active and continuous involvement of the parents or guardians of the program
participants.
(g) A plan to conduct and report annual great start readiness program
evaluations and continuous improvement plans using criteria approved by the
department.
(h) Participation in a multidistrict, multiagency, school readiness advisory
committee 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 the program components
listed in this subsection and make recommendations for changes to the great start
readiness program for which it is an advisory committee.
(i) The ongoing articulation of the kindergarten and first grade programs
offered by the program provider.
(J) PARTICIPATING IN THE 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 that more than 75% AT LEAST 90% of the children participating in an
eligible great start readiness program FOR WHOM THE PROVIDER IS RECEIVING FUNDS FROM
THIS SECTION are children who live with families with a household income that is equal
to or less than 300% of the federal poverty level.
(c) Ensure that the applicant only uses qualified personnel for this program, as
follows:
(i) Teachers possessing proper training. For programs managed directly by a
district or intermediate district, a valid teaching certificate and an early childhood
(ZA or ZS) endorsement are required. This provision does
not apply to a district,
intermediate district, or competitive program that
subcontracts with
an eligible child
development program. In that situation, a teacher must have a valid Michigan teaching
certificate with an early childhood (ZA or ZS) endorsement, a valid Michigan
elementary teaching certificate with a child development associate credential, or a
bachelor's degree in child development with specialization in preschool teaching.
However, if an 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 existing preschool
program that has the capacity to
serve those children.
(6) For a grant recipient that enrolls pupils in a school-day program funded
under this section, each child enrolled in the school-day program shall be counted as
2 children served by the program for purposes of determining the number of children to
be served and for determining the amount of the grant award. A grant award shall not
be increased solely on the basis of providing a school-day program.
(7) An intermediate district or consortium of intermediate districts receiving a
grant under this section may PROVIDE SERVICES DIRECTLY OR MAY contract with LOCAL
DISTRICTS,
OR PUBLIC OR PRIVATE for-profit
or nonprofit preschool center providers
that meet all requirements of subsection (4) and retain for administrative services an
amount equal to not more than 5% 7%
of the grant amount. An IN
ADDITION, AN
intermediate district, OR consortium of intermediate districts, or competitive grant
program may expend not more than 10% 2% of the total
grant amount for administration
RECRUITING AND PUBLIC AWARENESS of the program.
(8) Any public or private for-profit or nonprofit
legal entity or agency may
apply for a competitive grant under this section. However,
a district or intermediate
district may not apply for a competitive grant under this
section unless the district,
intermediate district, or consortium of districts or
intermediate districts is acting
as a local grantee for the federal head start program
operating under the head start
act, 42 USC 9831 to 9852.
(8) AN INTERMEDIATE DISTRICT OR CONSORTIUM OF INTERMEDIATE DISTRICTS RECEIVING A
GRANT UNDER THIS SECTION MUST 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 20 PERCENT OF ITS TOTAL SLOT
ALLOCATION. IF THE INTERMEDIATE DISTRICT OR CONSORTIUM OF INTERMEDIATE DISTRICTS IS
NOT ABLE TO CONTRACT FOR THAT CAPACITY, THE GRANT RECIPIENT MUST NOTIFY THE
DEPARTMENT.
(9) A recipient of funds under this section shall report to the department in a
form and manner prescribed by the department the number of children participating in
the program who meet the income or other eligibility
criteria prescribed by the
department UNDER SUBSECTION
(5)(B) and the total
number of children participating in
the program. For children participating in the program who
meet the income or other
eligibility criteria specified under subsection (5)(b), a recipient shall also report
whether or not a parent is available to provide care based on employment status. For
the purposes of this subsection, "employment status" shall be defined by the
department of human services in a manner consistent with maximizing the amount of
spending that may be claimed for temporary assistance for needy families maintenance
of effort purposes.
(10) As used in this section:
(a) "GSRP/head start blended program" means a part-day program funded under this
section and a head start program, which are combined for a school-day program.
(b) "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.
(11) A grant recipient receiving funds under this
section is encouraged to SHALL
establish a sliding scale of tuition rates based upon a
child's family income for the
purpose of expanding eligible programs under this section HOUSEHOLD
INCOME FOR
CHILDREN PARTICIPATING IN AN ELIGIBLE GREAT START READINESS PROGRAM WHO LIVE WITH
FAMILIES WITH A HOUSEHOLD INCOME THAT IS MORE THAN 300% OF THE FEDERAL POVERTY LEVEL
TO
BE USED BY ALL PROVIDERS, AS APPROVED BY THE DEPARTMENT. A grant recipient may
SHALL
charge tuition for
programs provided under this section according to that
sliding scale of tuition rates on a uniform basis for any child who does not meet the
program INCOME eligibility requirements under this
section.
(12) The department shall develop a plan for a
multiyear phased-in approach to
transfer funding for great start readiness programs under
this section into an early
childhood block grant program, along with funding for great
start collaboratives under
section 32b and funding for great parents, great start
programs under section 32j. The
early childhood block grant program will allocate funds to
intermediate districts and
consortia of intermediate districts to act as fiduciaries
and provide administration
of regional early childhood programs in conjunction with
their regional great start
collaborative to improve program quality, evaluation, and
efficiency for early
childhood programs. The department shall work with
intermediate districts, districts,
great start collaboratives, and the early childhood
investment corporation to
establish a revised funding formula, application process,
program criteria, and data
reporting requirements.
Sec. 32p. (1) From the school aid fund appropriation in section 11, there is
allocated EACH FISCAL YEAR an amount not to exceed $10,900,000.00 TO INTERMEDIATE
DISTRICTS
for 2012-2013 2013-2014 AND 2014-2015 for the purpose of providing early
childhood funding to intermediate school districts in block
grants SUPPORTING THE
ACTIVITIES REQUIRED UNDER SUBSECTION (2) AND PROVIDING EARLY CHILDHOOD PROGRAMS
SIMILAR TO THOSE UNDER FORMER SECTION 32B AS IN EFFECT FOR 2001-2002 FOR CHILDREN FROM
BIRTH
THROUGH AGE 8. The
BEGINNING IN 2013-2014, THE
funding provided to
each
intermediate district under this section shall be equal to the
sum of all funding
allocated under former sections 32b and 32j, as those
sections were in effect for
2011-2012 100% OF
THE AMOUNT ALLOCATED TO THE INTERMEDIATE DISTRICT UNDER THIS SECTION
FOR THE IMMEDIATELY PRECEDING FISCAL YEAR. In order to receive funding under this
section, each intermediate district shall provide an application to the office of
great start not later than August SEPTEMBER 15, 2012, OF
THE PRIOR STATE FISCAL YEAR
indicating the activities planned to be provided and
children served under the block
grant.
(2) (A) 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 to address the availability of
the following 6 components of a
great start system in its communities: physical health,
social-emotional health,
family supports, basic needs, economic stability and
safety, and parenting education
and early education and care. The goal of a local EACH great start collaborative AND
PARENT
COALITION is SHALL
BE to ensure THE COORDINATION AND EXPANSION OF LOCAL EARLY
CHILDHOOD
INFRASTRUCTURE AND PROGRAMS that ALLOW every child in the community is
ready
for kindergarten TO ACHIEVE THE
FOLLOWING OUTCOMES:
(I) CHILDREN BORN HEALTHY.
(II) CHILDREN HEALTHY, THRIVING, AND DEVELOPMENTALLY ON TRACK FROM BIRTH TO
THIRD GRADE.
(III) CHILDREN DEVELOPMENTALLY READY TO SUCCEED IN SCHOOL AT THE TIME OF SCHOOL
ENTRY.
(IV) CHILDREN PREPARED TO SUCCEED IN FOURTH GRADE AND BEYOND BY READING
PROFICIENTLY BY THE END OF THIRD GRADE.
(B) 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(4)(H)
AND SHALL ensure the
coordination and expansion of infrastructure or
programming to support high-quality early childhood and
childcare programs.
An
intermediate district or consortium of intermediate
districts may reconstitutee its
local great start collaborative if that collaborative is
found to be ineffective. THAT
ITS LOCAL GREAT START SYSTEM INCLUDES THE FOLLOWING SUPPORTS FOR CHILDREN FROM BIRTH
THROUGH AGE 8:
(I) PHYSICAL HEALTH.
(II) SOCIAL-EMOTIONAL HEALTH.
(III) FAMILY SUPPORTS AND BASIC NEEDS.
(IV) PARENT EDUCATION AND CHILD ADVOCACY.
(V) EARLY EDUCATION AND CARE.
(3) Not later than December 1, 2013, OF EACH YEAR, each intermediate district
shall provide a report to the department detailing the activities actually provided
during 2012-2013 THE
PRIOR 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. The block grants allocated under
this section implement
legislative intent language for this purpose enacted in
2011 PA 62.
(4) An intermediate district or consortium of
intermediate districts that
receives funding under this section may carry over any unexpended funds received under
this section for a fiscal year into the next fiscal
year and may expend those unused
funds in the next fiscal year. A recipient of a grant shall return any unexpended
grant funds to the department in the manner prescribed by the department not later
than September 30 of the next fiscal year after the fiscal year in which the funds are
received.
Sec. 39. (1) An eligible applicant receiving funds under section 32d shall
submit a preapplication, in a form and manner prescribed by the department, by a date
specified by the department in the immediately preceding state fiscal year. The
preapplication shall include a comprehensive needs assessment using aggregated data
from the 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 applicant receiving funds under section 32d shall also submit a final
application for approval, in a form and manner prescribed by the department, by a date
specified by the department, that details how the applicant complies with the program
components established by the department pursuant to section 32d.
(3) The number of prekindergarten children construed to be in need of special
readiness assistance under section 32d shall be calculated for each 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 $3,400.00
$3,625.00 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 in 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 $3,400.00
$3,625.00.
(6) If funds allocated for eligible applicants in 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 $3,400.00 $3,625.00 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 EACH FISCAL
YEAR for 2012-2013
2013-2014 and 2014-2015 to districts,
intermediate districts, and other eligible entities all available federal funding,
estimated at $812,328,500.00 $811,828,500.00, for the federal programs under the no
child left behind act of 2001, Public Law 107-110. These funds are allocated as
follows:
(a) An amount estimated at $10,808,600.00 to provide students with drug- and
violence-prevention programs and to implement strategies to improve school safety,
funded from DED-OESE, drug-free schools and communities funds.
(b) An amount estimated at $250,000.00 for the
purpose of improving teaching
and learning through a more effective use of technology,
funded from DED-OESE,
educational technology state grant funds.
(B) (c) 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) (d) 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) (e) An amount estimated at
$10,286,500.00 for the Michigan charter school
subgrant program, funded from DED-OESE, charter school funds.
(E) (f) 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) (g) 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.
(h) An amount estimated at $250,000.00 for the
purpose of providing unified
family literacy programs, funded from DED-OESE, title I,
even start funds.
(G) (i) 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) (j) An amount estimated at
$40,050,000.00 for the purpose of providing
high-quality extended learning opportunities, after school and during the summer, for
children in low-performing schools, funded from DED-OESE, twenty-first century
community learning center funds.
(I) (k) 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.
(2) From the federal funds appropriated in section 11, there is allocated EACH
FISCAL
YEAR for 2012-2013
2013-2014 AND 2014-2015 to districts, intermediate
districts, and other eligible entities all available federal funding, estimated at
$33,514,100.00 $31,700,000.00 for the following programs that are
funded by federal
grants:
(a) An amount estimated at $600,000.00 for acquired immunodeficiency syndrome
education grants, funded from HHS – center for disease control, AIDS funding.
(b) An amount estimated at $1,814,100.00 $2,600,000.00 to provide services to
homeless children and youth, funded from DED-OVAE, homeless children and youth funds.
(c) An amount estimated at $2,600,000.00 for
serve America grants, funded from
the corporation for national and community service funds.
(C) (d) An amount estimated at
$28,500,000.00 for providing career and
technical education services to pupils, funded from DED-OVAE, basic grants to states.
(3) To the extent allowed under federal law, the funds allocated under
subsection (1)(g), (h), (F) and (k) (I) may be used for 1 or more reading
improvement
programs that meet at least 1 of the following:
(a) A research-based, validated, structured reading program that aligns
learning resources to state standards and includes continuous assessment of pupils and
individualized education plans for pupils.
(b) A mentoring program that is a research-based, validated program or a
statewide 1-to-1 mentoring program and is designed to enhance the independence and
life quality of pupils who are mentally impaired by providing opportunities for
mentoring and integrated employment.
(c) A cognitive development program that is a research-based, validated
educational service program focused on assessing and building essential cognitive and
perceptual learning abilities to strengthen pupil concentration and learning.
(d) A structured mentoring-tutorial reading program for pupils in preschool to
grade 4 that is a research-based, validated program that develops individualized
educational plans based on each pupil's age, assessed needs, reading level, interests,
and learning style.
(4) All federal funds allocated under this section shall be distributed in
accordance with federal law and with flexibility provisions outlined in Public Law
107-116, and in the education flexibility partnership act of 1999, Public Law 106-25.
Notwithstanding section 17b, payments of federal funds to districts, intermediate
districts, and other eligible entities under this section shall be paid on a schedule
determined by the department.
(5) For the purposes of applying for federal grants appropriated under this
article, the department shall allow an intermediate district to submit a consortium
application on behalf of 2 or more districts with the agreement of those districts as
appropriate according to federal rules and guidelines.
(6) As used in this section:
(a) "DED" means the United States department of education.
(b) "DED-OESE" means the DED office of elementary and secondary education.
(c) "DED-OVAE" means the DED office of vocational and adult education.
(d) "HHS" means the United States department of health and human services.
(e) "HHS-ACF" means the HHS administration for children and families.
Sec. 51a. (1) From the appropriation in section 11, there is allocated for
2011-2012 2013-2014 an amount not to exceed $956,769,100.00
$980,569,100.00 and there
is allocated an amount not to exceed $996,269,100.00
$1,004,869,100.00 for 2012-2013
2014-2015 from state sources and all available federal funding under sections 611 to
619 of part B of the individuals with disabilities education act, 20 USC 1411 to 1419,
estimated at $363,400,000.00 $370,000,000.00 EACH YEAR for 2011-2012 and estimated at
$365,000,000.00 for 2012-2013 2013-2014
AND 2014-2015, plus any
carryover federal
funds from previous year appropriations. The allocations under this subsection are for
the purpose of reimbursing districts and intermediate districts for special education
programs, services, and special education personnel as prescribed in article 3 of the
revised school code, MCL 380.1701 to 380.1766; net tuition payments made by
intermediate districts to the Michigan schools for the deaf and blind; and special
education programs and services for pupils who are eligible for special education
programs and services according to statute or rule. For meeting the costs of special
education programs and services not reimbursed under this article, a district or
intermediate district may use money in general funds or special education funds, not
otherwise restricted, or contributions from districts to intermediate districts,
tuition payments, gifts and contributions from individuals or other entities, or
federal funds that may be available for this purpose, as determined by the
intermediate district plan prepared pursuant to article 3 of the revised school code,
MCL 380.1701 to 380.1766. All federal funds allocated under this section in excess of
those allocated under this section for 2002-2003 may be distributed in accordance with
the flexible funding provisions of the individuals with disabilities education act,
Public Law 108-446, including, but not limited to, 34 CFR 300.206 and 300.208.
Notwithstanding section 17b, payments of federal funds to districts, intermediate
districts, and other eligible entities under this section shall be paid on a schedule
determined by the department.
(2) From the funds allocated under subsection (1), there is allocated the
amount necessary, estimated at $247,500,000.00 $258,300,000.00 for 2011-2012 2013-2014
and estimated at $257,400,000.00 $263,000,000.00 for 2012-2013 2014-2015, for payments
toward reimbursing districts and intermediate districts for 28.6138% of total approved
costs of special education, excluding costs reimbursed under section 53a, and 70.4165%
of total approved costs of special education transportation. Allocations under this
subsection shall be made as follows:
(a) The initial amount allocated to a district under this subsection toward
fulfilling the specified percentages shall be calculated by multiplying the district's
special education pupil membership, excluding pupils described in subsection (11),
times the foundation allowance under section 20 of the pupil's district of residence,
not to exceed the basic foundation allowance under section 20 for the current fiscal
year, or, for a special education pupil in membership in a district that is a public
school academy, times an amount equal to the amount per membership pupil calculated
under section 20(6) or, for a pupil described in this subsection who is counted in
membership in the education achievement system, times an amount equal to the amount
per membership pupil under section 20(7). For an intermediate district, the amount
allocated under this subdivision toward fulfilling the specified percentages shall be
an amount per special education membership pupil, excluding pupils described in
subsection (11), and shall be calculated in the same manner as for a district, using
the foundation allowance under section 20 of the pupil's district of residence, not to
exceed the basic foundation allowance under section 20 for the current fiscal year.
(b) After the allocations under subdivision (a), districts and intermediate
districts for which the payments calculated under subdivision (a) do not fulfill the
specified percentages shall be paid the amount necessary to achieve the specified
percentages for the district or intermediate district.
(3) From the funds allocated under subsection (1), there is allocated each
fiscal year for 2011-2012 2013-2014 and for 2012-2013 2014-2015 an
amount not to
exceed $1,000,000.00 to make payments to districts and intermediate districts under
this subsection. If the amount allocated to a district or intermediate district for a
fiscal year under subsection (2)(b) is less than the sum of the amounts allocated to
the district or intermediate district for 1996-97 under sections 52 and 58, there is
allocated to the district or intermediate district for the fiscal year an amount equal
to that difference, adjusted by applying the same proration factor that was used in
the distribution of funds under section 52 in 1996-97 as adjusted to the district's or
intermediate district's necessary costs of special education used in calculations for
the fiscal year. This adjustment is to reflect reductions in special education program
operations or services between 1996-1997 and subsequent fiscal years. Adjustments for
reductions in special education program operations or services shall be made in a
manner determined by the department and shall include adjustments for program or
service shifts.
(4) If the department determines that the sum of the amounts allocated for a
fiscal year to a district or intermediate district under subsection (2)(a) and (b) is
not sufficient to fulfill the specified percentages in subsection (2), then the
shortfall shall be paid to the district or intermediate district during the fiscal
year beginning on the October 1 following the determination and payments under
subsection (3) shall be adjusted as necessary. If the department determines that the
sum of the amounts allocated for a fiscal year to a district or intermediate district
under subsection (2)(a) and (b) exceeds the sum of the amount necessary to fulfill the
specified percentages in subsection (2), then the department shall deduct the amount
of the excess from the district's or intermediate district's payments under this
article for the fiscal year beginning on the October 1 following the determination and
payments under subsection (3) shall be adjusted as necessary. However, if the amount
allocated under subsection (2)(a) in itself exceeds the amount necessary to fulfill
the specified percentages in subsection (2), there shall be no deduction under this
subsection.
(5) State funds shall be allocated on a total approved cost basis. Federal
funds shall be allocated under applicable federal requirements, except that an amount
not to exceed $3,500,000.00 may be allocated by the department each fiscal year for
2011-2012 2013-2014 and for 2012-2013 2014-2015 to districts, intermediate districts,
or other eligible entities on a competitive grant basis for programs, equipment, and
services that the department determines to be designed to benefit or improve special
education on a statewide scale.
(6) From the amount allocated in subsection (1), there is allocated an amount
not to exceed $2,200,000.00 each fiscal year for 2011-2012
2013-2014 and for 2012-2013
2014-2015 to reimburse 100% of the net increase in necessary costs incurred by a
district or intermediate district in implementing the revisions in the administrative
rules for special education that became effective on July 1, 1987. As used in this
subsection, "net increase in necessary costs" means the necessary additional costs
incurred solely because of new or revised requirements in the administrative rules
minus cost savings permitted in implementing the revised rules. Net increase in
necessary costs shall be determined in a manner specified by the department.
(7) For purposes of sections 51a to 58, all of the following apply:
(a) "Total approved costs of special education" shall be determined in a manner
specified by the department and may include indirect costs, but shall not exceed 115%
of approved direct costs for section 52 and section 53a programs. The total approved
costs include salary and other compensation for all approved special education
personnel for the program, including payments for social security and Medicare and
public school employee retirement system contributions. The total approved costs do
not include salaries or other compensation paid to administrative personnel who are
not special education personnel as defined in section 6 of the revised school code,
MCL 380.6. Costs reimbursed by federal funds, other than those federal funds included
in the allocation made under this article, are not included. Special education
approved personnel not utilized full time in the evaluation of students or in the
delivery of special education programs, ancillary, and other related services shall be
reimbursed under this section only for that portion of time actually spent providing
these programs and services, with the exception of special education programs and
services provided to youth placed in child caring institutions or juvenile detention
programs approved by the department to provide an on-grounds education program.
(b) Beginning with the 2004-2005 fiscal year, a district or intermediate
district that employed special education support services staff to provide special
education support services in 2003-2004 or in a subsequent fiscal year and that in a
fiscal year after 2003-2004 receives the same type of support services from another
district or intermediate district shall report the cost of those support services for
special education reimbursement purposes under this article. This subdivision does not
prohibit the transfer of special education classroom teachers and special education
classroom aides if the pupils counted in membership associated with those special
education classroom teachers and special education classroom aides are transferred and
counted in membership in the other district or intermediate district in conjunction
with the transfer of those teachers and aides.
(c) If the department determines before
bookclosing for a fiscal year that the
amounts allocated for that fiscal year under subsections
(2), (3), (6), and (11) and
sections 53a, 54, and 56 will exceed expenditures for that
fiscal year under
subsections (2), (3), (6), and (11) and sections 53a, 54,
and 56, then for a district
or intermediate district whose reimbursement for that
fiscal year would otherwise be
affected by subdivision (b), subdivision (b) does not apply
to the calculation of the
reimbursement for that district or intermediate district
and reimbursement for that
district or intermediate district shall be calculated in
the same manner as it was for
2003-2004. If the amount of the excess allocations under
subsections (2), (3), (6),
and (11) and sections 53a, 54, and 56 is not sufficient to
fully fund the calculation
of reimbursement to those districts and intermediate
districts under this subdivision,
then the calculations and resulting reimbursement under
this subdivision shall be
prorated on an equal percentage basis. This reimbursement
shall not be made after
2014-2015.
(C) (d) Reimbursement for
ancillary and other related services, as defined by R
340.1701c of the Michigan administrative code, shall not be provided when those
services are covered by and available through private group health insurance carriers
or federal reimbursed program sources unless the department and district or
intermediate district agree otherwise and that agreement is approved by the state
budget director. Expenses, other than the incidental expense of filing, shall not be
borne by the parent. In addition, the filing of claims shall not delay the education
of a pupil. A district or intermediate district shall be responsible for payment of a
deductible amount and for an advance payment required until the time a claim is paid.
(D) (e) Beginning with
calculations for 2004-2005, if an intermediate district
purchases a special education pupil transportation service from a constituent district
that was previously purchased from a private entity; if the purchase from the
constituent district is at a lower cost, adjusted for changes in fuel costs; and if
the cost shift from the intermediate district to the constituent does not result in
any net change in the revenue the constituent district receives from payments under
sections 22b and 51c, then upon application by the intermediate district, the
department shall direct the intermediate district to continue to report the cost
associated with the specific identified special education pupil transportation service
and shall adjust the costs reported by the constituent district to remove the cost
associated with that specific service.
(8) A pupil who is enrolled in a full-time special education program conducted
or administered by an intermediate district or a pupil who is enrolled in the Michigan
schools for the deaf and blind shall not be included in the membership count of a
district, but shall be counted in membership in the intermediate district of
residence.
(9) Special education personnel transferred from 1 district to another to
implement the revised school code shall be entitled to the rights, benefits, and
tenure to which the person would otherwise be entitled had that person been employed
by the receiving district originally.
(10) If a district or intermediate district uses money received under this
section for a purpose other than the purpose or purposes for which the money is
allocated, the department may require the district or intermediate district to refund
the amount of money received. Money that is refunded shall be deposited in the state
treasury to the credit of the state school aid fund.
(11) From the funds allocated in subsection (1), there is allocated EACH FISCAL
YEAR the amount necessary, estimated at $5,300,000.00
$4,500,000.00 for 2011-2012
2013-2014 and estimated at $5,600,000.00
$4,600,000.00 for 2012-2013 2014-2015, to pay
the foundation allowances for pupils described in this subsection. The allocation to a
district under this subsection shall be calculated by multiplying the number of pupils
described in this subsection who are counted in membership in the district times the
foundation allowance under section 20 of the pupil's district of residence, not to
exceed the basic foundation allowance under section 20 for the current fiscal year,
or, for a pupil described in this subsection who is counted in membership in a
district that is a public school academy, times an amount equal to the amount per
membership pupil under section 20(6) or, for a pupil described in this subsection who
is counted in membership in the education achievement system, times an amount equal to
the amount per membership pupil under section 20(7). The allocation to an intermediate
district under this subsection shall be calculated in the same manner as for a
district, using the foundation allowance under section 20 of the pupil's district of
residence, not to exceed the basic foundation allowance under section 20 for the
current fiscal year. This subsection applies to all of the following pupils:
(a) Pupils described in section 53a.
(b) Pupils counted in membership in an intermediate district who are not
special education pupils and are served by the intermediate district in a juvenile
detention or child caring facility.
(c) Pupils with an emotional impairment counted in membership by an
intermediate district and provided educational services by the department of community
health.
(12) If it is determined that funds allocated under subsection (2) or (11) or
under section 51c will not be expended, funds up to the amount necessary and available
may be used to supplement the allocations under subsection (2) or (11) or under
section 51c in order to fully fund those allocations. After payments under subsections
(2) and (11) and section 51c, the remaining expenditures from the allocation in
subsection (1) shall be made in the following order:
(a) 100% of the reimbursement required under section 53a.
(b) 100% of the reimbursement required under subsection (6).
(c) 100% of the payment required under section 54.
(d) 100% of the payment required under subsection (3).
(e) 100% of the payments under section 56.
(13) The allocations under subsections (2), (3), and (11) shall be allocations
to intermediate districts only and shall not be allocations to districts, but instead
shall be calculations used only to determine the state payments under section 22b.
(14) If a public school academy enrolls pursuant to this section a pupil who
resides outside of the intermediate district in which the public school academy is
located and who is eligible for special education programs and services according to
statute or rule, or who is a child with disabilities, as defined under the individuals
with disabilities education act, Public Law 108-446, the provision of special
education programs and services and the payment of the added costs of special
education programs and services for the pupil are the responsibility of the district
and intermediate district in which the pupil resides unless the enrolling district or
intermediate district has a written agreement with the district or intermediate
district in which the pupil resides or the public school academy for the purpose of
providing the pupil with a free appropriate public education and the written agreement
includes at least an agreement on the responsibility for the payment of the added
costs of special education programs and services for the pupil.
Sec. 51b. A district or intermediate district shall not receive funds under
this article SECTION 51A unless the district or intermediate
district complies with
rules promulgated under article 3 of the revised school code, being sections 380.1701
to 380.1766 of the Michigan Compiled Laws.
Sec. 51c. As required by the court in the consolidated cases known as Durant v
State of Michigan, Michigan supreme court docket no. 104458-104492, from the
allocation under section 51a(1), there is allocated each
fiscal year for 2011-2012
2013-2014 and for 2012-2013 2014-2015 the amount necessary, estimated at
$648,700,000.00 $662,500,000.00 for 2011-2012 2013-2014 and estimated at
$678,000,000.00 $682,000,000.00 for 2012-2013 2014-2015, for payments to reimburse
districts for 28.6138% of total approved costs of special education excluding costs
reimbursed under section 53a, and 70.4165% of total approved costs of special
education transportation. Funds allocated under this section that are not expended in
the state fiscal year for which they were alloc