FIRST CONFERENCE REPORT

 

     The Committee of Conference on the matters of difference between the two Houses concerning

 

     House Bill No. 4115, entitled

 

     A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 15, 18, 18a, 20, 20d, 20f, 21f, 22a, 22b, 22c, 22d, 22g, 23a, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 95a, 98, 99, 99b, 99h, 101, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210, 210b, 213, 217, 222, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 256, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1621f, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699, 388.1699b, 388.1699h, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810, 388.1810b, 388.1813, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1856, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 21f, 22c, 22d, 22g, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 101, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 43, 95a, 99b, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 210, 244, and 258 as amended by 2013 PA 60, and sections 213, 222, 226, and 286 as amended by 2012 PA 201, and by adding sections 55, 65, 67, 99q, 99r, 99s, 210c, 215, 260, and 274c; and to repeal acts and parts of acts.

 

     Recommends:

 

     First:  That the Senate recede from the Substitute of the Senate as passed by the Senate.

 

 

     Second:  That the House and Senate agree to the Substitute of the House as passed by the House, amended to read as follows:

 

(attached)

 

     Third:  That the House and Senate agree to the title of the bill to read as follows:

 

     A bill to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 18a, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 22i, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 98, 99h, 101, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210, 210b, 217, 222, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1622i, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1641, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1664b, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699h, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810, 388.1810b, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 20g, 21f, 22d, 22g, 22i, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99h, 101, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 11r,


 

43, 64b, 95a, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 210 and 244 as amended by 2013 PA 60, and sections 222, 226, and 286 as amended by 2012 PA 201, and by adding sections 25g, 31c, 31h, 35, 35a, 55, 61b, 65, 67, 77, 99c, 99s, 102d, 104d, 210c, 210d, 230a, and 274c; and to repeal acts and parts of acts.

 

 

 

 

_______________________                 ________________________

Al Pscholka                             Arlan B. Meekhof

 

_______________________                 ________________________

Jon Bumstead                            Dave Hildenbrand

 

_______________________                 ________________________

Harvey Santana                          Vincent Gregory

 

Conferees for the House                 Conferees for the Senate

 

SUBSTITUTE FOR

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4115

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1979 PA 94, entitled

 

"The state school aid act of 1979,"

 

by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 15, 18,

 

18a, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 22i, 23a, 24, 24a,

 

24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41,

 

43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a,

 

98, 99h, 101, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163,

 

201, 201a, 206, 207a, 207b, 207c, 209, 210, 210b, 217, 222, 225,

 

226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252,

 

256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277,

 

278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606,

 

388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m,

 

388.1611r, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d,

 

388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d,

 


388.1622g, 388.1622i, 388.1623a, 388.1624, 388.1624a, 388.1624c,

 

388.1625e, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a,

 

388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a,

 

388.1641, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a,

 

388.1654, 388.1656, 388.1661a, 388.1662, 388.1664b, 388.1674,

 

388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699h,

 

388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747,

 

388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a,

 

388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810,

 

388.1810b, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829,

 

388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c,

 

388.1841, 388.1844, 388.1846, 388.1852, 388.1856, 388.1863,

 

388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868,

 

388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878,

 

388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and

 

388.1886), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 20g,

 

21f, 22d, 22g, 22i, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a,

 

31d, 31f, 32d, 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62, 74, 81,

 

94, 94a, 98, 99h, 101, 104, 104b, 107, 147, 147a, 152a, 163, 201a,

 

206, 209, 210b, 217, 225, 229, 229a, 230, 236a, 236b, 236c, 241,

 

246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274,

 

276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and

 

sections 11r, 43, 64b, 95a, 104c, 207a, 207b, and 207c as added by

 

2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201,

 

and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA

 

351, section 23a as added by 2012 PA 465, sections 210 and 244 as

 

amended by 2013 PA 60, and sections 222, 226, and 286 as amended by


2012 PA 201, and by adding sections 25g, 31c, 31h, 35, 35a, 55,

 

61b, 65, 67, 77, 99c, 99s, 102d, 104d, 210c, 210d, 230a, and 274c;

 

and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 education

 

participants, in the district for the immediately preceding school

 

year, adjusted for those pupils who have transferred into or out of

 

the district or high school, who leave high school with a diploma

 

or other credential of equal status.

 

     (4) "Membership", except as otherwise provided in this

 

article, means for a district, a public school academy, the

 

education achievement system, or an intermediate district the sum

 

of the product of .90 times the number of full-time equated pupils

 

in grades K to 12 actually enrolled and in regular daily attendance

 

on the pupil membership count day for the current school year, plus

 

the product of .10 times the final audited count from the

 

supplemental count day for the current immediately preceding school

 

year. A district's, public school academy's, or intermediate

 

district's membership shall be adjusted as provided under section

 

25e for pupils who enroll in the district, public school academy,

 

or intermediate district after the pupil membership count day. All

 

pupil counts used in this subsection are as determined by the

 

department and calculated by adding the number of pupils registered

 

for attendance plus pupils received by transfer and minus pupils

 

lost as defined by rules promulgated by the superintendent, and as

 

corrected by a subsequent department audit. For the purposes of

 

this section and section 6a, for a school of excellence that is a

 

cyber school, as defined in section 551 of the revised school code,

 

MCL 380.551, and is in compliance with section 553a of the revised

 

school code, MCL 380.553a, a pupil's participation, as determined

 

by the department in accordance with the pupil accounting manual,


in the cyber school's educational program is considered regular

 

daily attendance; for the education achievement system, a pupil's

 

participation, as determined by the department in accordance with

 

the pupil accounting manual, in an online educational program of

 

the education achievement system or of an achievement school is

 

considered regular daily attendance; and for a district a pupil's

 

participation in an online course as defined in section 21f is

 

considered regular daily attendance. The amount of the foundation

 

allowance for a pupil in membership is determined under section 20.

 

In making the calculation of membership, all of the following, as

 

applicable, apply to determining the membership of a district, a

 

public school academy, the education achievement system, or an

 

intermediate district:

 

     (a) Except as otherwise provided in this subsection, and

 

pursuant to subsection (6), a pupil shall be counted in membership

 

in the pupil's educating district or districts. An individual pupil

 

shall not be counted for more than a total of 1.0 full-time equated

 

membership.

 

     (b) If a pupil is educated in a district other than the

 

pupil's district of residence, if the pupil is not being educated

 

as part of a cooperative education program, if the pupil's district

 

of residence does not give the educating district its approval to

 

count the pupil in membership in the educating district, and if the

 

pupil is not covered by an exception specified in subsection (6) to

 

the requirement that the educating district must have the approval

 

of the pupil's district of residence to count the pupil in

 

membership, the pupil shall not be counted in membership in any


district.

 

     (c) A special education pupil educated by the intermediate

 

district shall be counted in membership in the intermediate

 

district.

 

     (d) A pupil placed by a court or state agency in an on-grounds

 

program of a juvenile detention facility, a child caring

 

institution, or a mental health institution, or a pupil funded

 

under section 53a, shall be counted in membership in the district

 

or intermediate district approved by the department to operate the

 

program.

 

     (e) A pupil enrolled in the Michigan schools for the deaf and

 

blind shall be counted in membership in the pupil's intermediate

 

district of residence.

 

     (f) A pupil enrolled in a career and technical education

 

program supported by a millage levied over an area larger than a

 

single district or in an area vocational-technical education

 

program established pursuant to section 690 of the revised school

 

code, MCL 380.690, shall be counted only in the pupil's district of

 

residence.

 

     (g) A pupil enrolled in a public school academy shall be

 

counted in membership in the public school academy.

 

     (h) A pupil enrolled in an achievement school shall be counted

 

in membership in the education achievement system.

 

     (i) For a new district or public school academy beginning its

 

operation after December 31, 1994, or for the education achievement

 

system or an achievement school, membership for the first 2 full or

 

partial fiscal years of operation shall be determined as follows:


     (i) If operations begin before the pupil membership count day

 

for the fiscal year, membership is the average number of full-time

 

equated pupils in grades K to 12 actually enrolled and in regular

 

daily attendance on the pupil membership count day for the current

 

school year and on the supplemental count day for the current

 

school year, as determined by the department and calculated by

 

adding the number of pupils registered for attendance on the pupil

 

membership count day plus pupils received by transfer and minus

 

pupils lost as defined by rules promulgated by the superintendent,

 

and as corrected by a subsequent department audit, plus the final

 

audited count from the supplemental count day for the current

 

school year, and dividing that sum by 2.

 

     (ii) If operations begin after the pupil membership count day

 

for the fiscal year and not later than the supplemental count day

 

for the fiscal year, membership is the final audited count of the

 

number of full-time equated pupils in grades K to 12 actually

 

enrolled and in regular daily attendance on the supplemental count

 

day for the current school year.

 

     (j) If a district is the authorizing body for a public school

 

academy, then, in the first school year in which pupils are counted

 

in membership on the pupil membership count day in the public

 

school academy, the determination of the district's membership

 

shall exclude from the district's pupil count for the immediately

 

preceding supplemental count day any pupils who are counted in the

 

public school academy on that first pupil membership count day who

 

were also counted in the district on the immediately preceding

 

supplemental count day.


     (k) In a district, a public school academy, the education

 

achievement system, or an intermediate district operating an

 

extended school year program approved by the superintendent, a

 

pupil enrolled, but not scheduled to be in regular daily attendance

 

on a pupil membership count day, shall be counted.

 

     (l) To be counted in membership, a pupil shall meet the

 

minimum age requirement to be eligible to attend school under

 

section 1147 of the revised school code, MCL 380.1147, or shall be

 

enrolled under subsection (3) of that section, and shall be less

 

than 20 years of age on September 1 of the school year except as

 

follows:

 

     (i) A special education pupil who is enrolled and receiving

 

instruction in a special education program or service approved by

 

the department, who does not have a high school diploma, and who is

 

less than 26 years of age as of September 1 of the current school

 

year shall be counted in membership.

 

     (ii) A pupil who is determined by the department to meet all

 

of the following may be counted in membership:

 

     (A) Is enrolled in a public school academy or an alternative

 

education high school diploma program, that is primarily focused on

 

educating homeless pupils.

 

     (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.

 

     (D) Is considered to be homeless under 42 USC 11302.

 

     (iii) If a child does not meet the minimum age requirement to


be eligible to attend school for that school year under section

 

1147 of the revised school code, MCL 380.1147, but will be 5 years

 

of age not later than December 1 of that school year, the district

 

may count the child in membership for that school year if the

 

parent or legal guardian has notified the district in writing that

 

he or she intends to enroll the child in kindergarten for that

 

school year.

 

     (m) An individual who has obtained a high school diploma shall

 

not be counted in membership. An individual who has obtained a

 

general educational development (G.E.D.) certificate shall not be

 

counted in membership unless the individual is a pupil student with

 

a disability as defined in R 340.1702 of the Michigan

 

administrative code. An individual participating in a job training

 

program funded under former section 107a or a jobs program funded

 

under former section 107b, administered by the Michigan strategic

 

fund, or 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) and section 101.


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), required under section 101, 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) required under section 101 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), required under section 101, 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) required under section 101 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). 101.

 

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 Full-time equated

 

memberships for pupils in kindergarten shall be determined by

 

dividing the number of instructional hours scheduled and provided

 

per year per kindergarten pupil by the same number used for

 

determining full-time equated memberships for pupils in grades 1 to

 

12. However, to the extent allowable under federal law, for a

 

district or public school academy that provides evidence

 

satisfactory to the department that it used federal title I money

 

in the 2 immediately preceding school fiscal years to fund full-

 

time kindergarten, full-time equated memberships for pupils in


kindergarten shall be determined by dividing the number of class

 

hours scheduled and provided per year per kindergarten pupil by a

 

number equal to 1/2 the number used for determining full-time

 

equated memberships for pupils in grades 1 to 12. The change in the

 

counting of full-time equated memberships for pupils in

 

kindergarten that took effect for 2012-2013 is not a mandate.

 

     (s) For a district, a public school academy, or the education

 

achievement system that has pupils enrolled in a grade level that

 

was not offered by the district, the public school academy, or the

 

education achievement system in the immediately preceding school

 

year, the number of pupils enrolled in that grade level to be

 

counted in membership is the average of the number of those pupils

 

enrolled and in regular daily attendance on the pupil membership

 

count day and the supplemental count day of the current school

 

year, as determined by the department. Membership shall be

 

calculated by adding the number of pupils registered for attendance

 

in that grade level on the pupil membership count day plus pupils

 

received by transfer and minus pupils lost as defined by rules

 

promulgated by the superintendent, and as corrected by subsequent

 

department audit, plus the final audited count from the

 

supplemental count day for the current school year, and dividing

 

that sum by 2.

 

     (t) A pupil enrolled in a cooperative education program may be

 

counted in membership in the pupil's district of residence with the

 

written approval of all parties to the cooperative agreement.

 

     (u) If, as a result of a disciplinary action, a district

 

determines through the district's alternative or disciplinary


education program that the best instructional placement for a pupil

 

is in the pupil's home or otherwise apart from the general school

 

population, if that placement is authorized in writing by the

 

district superintendent and district alternative or disciplinary

 

education supervisor, and if the district provides appropriate

 

instruction as described in this subdivision to the pupil at the

 

pupil's home or otherwise apart from the general school population,

 

the district may count the pupil in membership on a pro rata basis,

 

with the proration based on the number of hours of instruction the

 

district actually provides to the pupil divided by the number of

 

hours specified in subdivision (q) required under section 101 for

 

full-time equivalency. For the purposes of this subdivision, a

 

district shall be considered to be providing appropriate

 

instruction if all of the following are met:

 

     (i) The district provides at least 2 nonconsecutive hours of

 

instruction per week to the pupil at the pupil's home or otherwise

 

apart from the general school population under the supervision of a

 

certificated teacher.

 

     (ii) The district provides instructional materials, resources,

 

and supplies that are comparable to those otherwise provided in the

 

district's alternative education program.

 

     (iii) Course content is comparable to that in the district's

 

alternative education program.

 

     (iv) Credit earned is awarded to the pupil and placed on the

 

pupil's transcript.

 

     (v) If a pupil was enrolled in a public school academy on the

 

pupil membership count day, if the public school academy's contract


with its authorizing body is revoked or the public school academy

 

otherwise ceases to operate, and if the pupil enrolls in a district

 

or the education achievement system within 45 days after the pupil

 

membership count day, the department shall adjust the district's or

 

the education achievement system's pupil count for the pupil

 

membership count day to include the pupil in the count.

 

     (w) For a public school academy that has been in operation for

 

at least 2 years and that suspended operations for at least 1

 

semester and is resuming operations, membership is the sum of the

 

product of .90 times the number of full-time equated pupils in

 

grades K to 12 actually enrolled and in regular daily attendance on

 

the first pupil membership count day or supplemental count day,

 

whichever is first, occurring after operations resume, plus the

 

product of .10 times the final audited count from the most recent

 

pupil membership count day or supplemental count day that occurred

 

before suspending operations, as determined by the superintendent.

 

     (x) If a district's membership for a particular fiscal year,

 

as otherwise calculated under this subsection, would be less than

 

1,550 pupils and the district has 4.5 or fewer pupils per square

 

mile, as determined by the department, and if the district does not

 

receive funding under section 22d(2), the district's membership

 

shall be considered to be the membership figure calculated under

 

this subdivision. If a district educates and counts in its

 

membership pupils in grades 9 to 12 who reside in a contiguous

 

district that does not operate grades 9 to 12 and if 1 or both of

 

the affected districts request the department to use the

 

determination allowed under this sentence, the department shall


include the square mileage of both districts in determining the

 

number of pupils per square mile for each of the districts for the

 

purposes of this subdivision. The membership figure calculated

 

under this subdivision is the greater of the following:

 

     (i) The average of the district's membership for the 3-fiscal-

 

year period ending with that fiscal year, calculated by adding the

 

district's actual membership for each of those 3 fiscal years, as

 

otherwise calculated under this subsection, and dividing the sum of

 

those 3 membership figures by 3.

 

     (ii) The district's actual membership for that fiscal year as

 

otherwise calculated under this subsection.

 

     (y) Full-time equated memberships for special education pupils

 

who are not enrolled in kindergarten but are enrolled in a

 

classroom program under R 340.1754 of the Michigan administrative

 

code shall be determined by dividing the number of class hours

 

scheduled and provided per year by 450. Full-time equated

 

memberships for special education pupils who are not enrolled in

 

kindergarten but are receiving early childhood special education

 

services under R 340.1755 or R 340.1862 of the Michigan

 

administrative code shall be determined by dividing the number of

 

hours of service scheduled and provided per year per-pupil by 180.

 

     (z) A pupil of a district that begins its school year after

 

Labor day Day who is enrolled in an intermediate district program

 

that begins before Labor day 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.Day.

 

     (aa) 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 described in this subdivision was

 

counted in membership 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 the

 

purposes of determining the district's membership.

 

     (bb) A district, a public school academy, or the education

 

achievement system that educates a pupil who attends a United

 

States Olympic education center Education Center may count the

 

pupil in membership regardless of whether or not the pupil is a

 

resident of this state.

 

     (cc) A pupil enrolled in a district other than the pupil's

 

district of residence pursuant to section 1148(2) of the revised

 

school code, MCL 380.1148, shall be counted in the educating

 

district or the education achievement system.

 

     (dd) For a pupil enrolled in a dropout recovery program that

 

meets the requirements of section 23a, the pupil shall be counted

 

as 1/12 of a full-time equated membership for each month that the

 

district operating the program reports that the pupil was enrolled

 

in the program and was in full attendance. However, if the special

 

membership counting provisions under this subdivision and the

 

operation of the other membership counting provisions under this

 

subsection result in a pupil being counted as more than 1.0 FTE in

 

a fiscal year, the payment made for the pupil under sections 22a


and 22b shall not be based on more than 1.0 FTE for that pupil, and

 

any portion of an FTE for that pupil that exceeds 1.0 shall instead

 

be paid under section 25f. 25g. 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.

 

     (ee) A pupil participating in an online course under section

 

21f shall be counted in membership in the district enrolling the

 

pupil.

 

     (ff) 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.

 

     (5) "Public school academy" means that term as defined in

 

section 5 of the revised school code, MCL 380.5.

 

     (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.

 

     (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.Education Center.

 

     (n) A pupil enrolled in a district other than the pupil's

 

district of residence pursuant to section 1148(2) of the revised

 

school code, MCL 380.1148.

 

     (o) A pupil who enrolls in a district other than the pupil's

 

district of residence as a result of the pupil's school not making

 

adequate yearly progress under the no child left behind act of

 

2001, Public Law 107-110.

 

     (p) An online learning pupil enrolled in a district other than

 

the pupil's district of residence as an eligible pupil under

 

section 21f.

 

     However, if a district educates pupils who reside in another

 

district and if the primary instructional site for those pupils is

 

established by the educating district after 2009-2010 and is

 

located within the boundaries of that other district, the educating

 

district must have the approval of that other district to count

 

those pupils in membership.

 

     (7) "Pupil membership count day" of a district or intermediate

 

district means:

 

     (a) Except as provided in subdivision (b), the first Wednesday

 

in October each school year or, for a district or building in which

 

school is not in session on that Wednesday due to conditions not

 

within the control of school authorities, with the approval of the

 

superintendent, the immediately following day on which school is in

 

session in the district or building.


     (b) For a district or intermediate district maintaining school

 

during the entire school year, the following days:

 

     (i) Fourth Wednesday in July.

 

     (ii) First Wednesday in October.

 

     (iii) Second Wednesday in February.

 

     (iv) Fourth Wednesday in April.

 

     (8) "Pupils in grades K to 12 actually enrolled and in regular

 

daily attendance" means pupils in grades K to 12 in attendance and

 

receiving instruction in all classes for which they are enrolled on

 

the pupil membership count day or the supplemental count day, as

 

applicable. Except as otherwise provided in this subsection, a

 

pupil who is absent from any of the classes in which the pupil is

 

enrolled on the pupil membership count day or supplemental count

 

day and who does not attend each of those classes during the 10

 

consecutive school days immediately following the pupil membership

 

count day or supplemental count day, except for a pupil who has

 

been excused by the district, shall not be counted as 1.0 full-time

 

equated membership. A pupil who is excused from attendance on the

 

pupil membership count day or supplemental count day and who fails

 

to attend each of the classes in which the pupil is enrolled within

 

30 calendar days after the pupil membership count day or

 

supplemental count day shall not be counted as 1.0 full-time

 

equated membership. In addition, a pupil who was enrolled and in

 

attendance in a district, an intermediate district, a public school

 

academy, or the education achievement system before the pupil

 

membership count day or supplemental count day of a particular year

 

but was expelled or suspended on the pupil membership count day or


supplemental count day shall only be counted as 1.0 full-time

 

equated membership if the pupil resumed attendance in the district,

 

intermediate district, public school academy, or education

 

achievement system within 45 days after the pupil membership count

 

day or supplemental count day of that particular year. Pupils not

 

counted as 1.0 full-time equated membership due to an absence from

 

a class shall be counted as a prorated membership for the classes

 

the pupil attended. For purposes of this subsection, "class" means

 

a period of time in 1 day when pupils and a certificated teacher or

 

legally qualified substitute teacher are together and instruction

 

is taking place.

 

     (9) "Rule" means a rule promulgated pursuant to the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     (10) "The revised school code" means 1976 PA 451, MCL 380.1 to

 

380.1852.

 

     (11) "School district of the first class", "first class school

 

district", and "district of the first class" mean, for the purposes

 

of this article only, a district that had at least 40,000 pupils in

 

membership for the immediately preceding fiscal year.

 

     (12) "School fiscal year" means a fiscal year that commences

 

July 1 and continues through June 30.

 

     (13) "State board" means the state board of education.

 

     (14) "Superintendent", unless the context clearly refers to a

 

district or intermediate district superintendent, means the

 

superintendent of public instruction described in section 3 of

 

article VIII of the state constitution of 1963.


     (15) "Supplemental count day" means the day on which the

 

supplemental pupil count is conducted under section 6a.

 

     (16) "Tuition pupil" means a pupil of school age attending

 

school in a district other than the pupil's district of residence

 

for whom tuition may be charged to the district of residence.

 

Tuition pupil does not include a pupil who is a special education

 

pupil, a pupil described in subsection (6)(c) to (p), or a pupil

 

whose parent or guardian voluntarily enrolls the pupil in a

 

district that is not the pupil's district of residence. A pupil's

 

district of residence shall not require a high school tuition

 

pupil, as provided under section 111, to attend another school

 

district after the pupil has been assigned to a school district.

 

     (17) "State school aid fund" means the state school aid fund

 

established in section 11 of article IX of the state constitution

 

of 1963.

 

     (18) "Taxable value" means the taxable value of property as

 

determined under section 27a of the general property tax act, 1893

 

PA 206, MCL 211.27a.

 

     (19) "Textbook" means a book, electronic book, or other

 

instructional print or electronic resource that is selected and

 

approved by the governing board of a district or, for an

 

achievement school, by the chancellor of the achievement authority

 

and that contains a presentation of principles of a subject, or

 

that is a literary work relevant to the study of a subject required

 

for the use of classroom pupils, or another type of course material

 

that forms the basis of classroom instruction.

 

     (20) "Total state aid" or "total state school aid" means the


total combined amount of all funds due to a district, intermediate

 

district, or other entity under all of the provisions of this

 

article.

 

     Sec. 8b. (1) The department shall assign a district code to

 

each public school academy that is authorized under the revised

 

school code and is eligible to receive funding under this article

 

within 30 days after a contract is submitted to the department by

 

the authorizing body of a public school academy.

 

     (2) If the department does not assign a district code to a

 

public school academy within the 30-day period described in

 

subsection (1), the district code the department shall use to make

 

payments under this article to the newly authorized public school

 

academy shall be a number that is equivalent to the sum of the last

 

district code assigned to a public school academy located in the

 

same county as the newly authorized public school academy plus 1.

 

However, if there is not an existing public school academy located

 

in the same county as the newly authorized public school academy,

 

then the district code the department shall use to make payments

 

under this article to the newly authorized public school academy

 

shall be a 5-digit number that has the county code in which the

 

public school academy is located as its first 2 digits, 9 as its

 

third digit, 0 as its fourth digit, and 1 as its fifth digit. If

 

the number of public school academies in a county grows to exceed

 

100, the third digit in this 5-digit number shall then be 7 for the

 

public school academies in excess of 100.

 

     (3) For each school of excellence that is a cyber school and

 

is authorized under part 6e of the revised school code, MCL 380.551


to 380.561, by a school district, intermediate school district,

 

community college other than a federal tribally controlled

 

community college, or other authorizing body that is not empowered

 

to authorize a school of excellence to operate statewide and is

 

eligible to receive funding under this article, the department

 

shall assign a district code that includes as the first 2 digits

 

the county code in which the authorizing body is located.

 

     Sec. 11. (1) 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

 

$11,827,097,400.00 $11,814,097,400.00 from the state school aid

 

fund, the sum of $18,000,000.00 from the MPSERS retirement

 

obligation reform reserve fund created under section 147b, and the

 

sum of $33,700,000.00 from the general fund. For the fiscal year

 

ending September 30, 2016, there is appropriated for the public

 

schools of this state and certain other state purposes relating to

 

education the sum of $12,074,660,100.00 from the state school aid

 

fund and the sum of $45,900,000.00 from the general fund. In

 

addition, all other available federal funds are appropriated each

 

fiscal year for the fiscal year years ending September 30, 2015 and

 

September 30, 2016.

 

     (2) The appropriations under this section shall be allocated

 

as provided in this article. Money appropriated under this section

 

from the general fund shall be expended to fund the purposes of

 

this article before the expenditure of money appropriated under

 

this section from the state school aid fund.

 

     (3) Any general fund allocations under this article that are


not expended by the end of the state fiscal year are transferred to

 

the school aid stabilization fund created under section 11a.

 

     Sec. 11a. (1) The school aid stabilization fund is created as

 

a separate account within the state school aid fund established by

 

section 11 of article IX of the state constitution of 1963.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the school aid stabilization fund. The

 

state treasurer shall deposit into the school aid stabilization

 

fund all of the following:

 

     (a) Unexpended and unencumbered state school aid fund revenue

 

for a fiscal year that remains in the state school aid fund as of

 

the bookclosing for that fiscal year.

 

     (b) Money statutorily dedicated to the school aid

 

stabilization fund.

 

     (c) Money appropriated to the school aid stabilization fund.

 

     (3) Money available in the school aid stabilization fund may

 

not be expended without a specific appropriation from the school

 

aid stabilization fund. Money in the school aid stabilization fund

 

shall be expended only for purposes for which state school aid fund

 

money may be expended.

 

     (4) The state treasurer shall direct the investment of the

 

school aid stabilization fund. The state treasurer shall credit to

 

the school aid stabilization fund interest and earnings from fund

 

investments.

 

     (5) Money in the school aid stabilization fund at the close of

 

a fiscal year shall remain in the school aid stabilization fund and

 

shall not lapse to the unreserved school aid fund balance or the


general fund.

 

     (6) If the maximum amount appropriated under section 11 from

 

the state school aid fund for a fiscal year exceeds the amount

 

available for expenditure from the state school aid fund for that

 

fiscal year, there is appropriated from the school aid

 

stabilization fund to the state school aid fund an amount equal to

 

the projected shortfall as determined by the department of

 

treasury, but not to exceed available money in the school aid

 

stabilization fund. If the money in the school aid stabilization

 

fund is insufficient to fully fund an amount equal to the projected

 

shortfall, the state budget director shall notify the legislature

 

as required under section 296(2) and state payments in an amount

 

equal to the remainder of the projected shortfall shall be prorated

 

in the manner provided under section 296(3).

 

     (7) For 2014-2015, 2015-2016, in addition to the

 

appropriations in section 11, there is appropriated from the school

 

aid stabilization fund to the state school aid fund the amount

 

necessary to fully fund the allocations under this article.

 

     Sec. 11j. From the appropriation in section 11, there is

 

allocated an amount not to exceed $126,000,000.00 for 2014-2015

 

$126,500,000.00 for 2015-2016 for payments to the school loan bond

 

redemption fund in the department of treasury on behalf of

 

districts and intermediate districts. Notwithstanding section 296

 

or any other provision of this act, funds allocated under this

 

section are not subject to proration and shall be paid in full.

 

     Sec. 11k. For 2014-2015, 2015-2016, 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 appropriation in section 11, there is

 

allocated for 2014-2015 an amount not to exceed $3,000,000.00 $0.00

 

and there is allocated for 2015-2016 an amount not to exceed

 

$2,000,000.00 for fiscal year cash-flow borrowing costs solely

 

related to the state school aid fund established by section 11 of

 

article IX of the state constitution of 1963.

 

     Sec. 11r. (1) From the appropriation in section 11, there is

 

allocated for 2014-2015 an amount not to exceed $4,000,000.00 to be

 

deposited into the distressed districts emergency grant fund

 

created under this section for the purpose of funding grants under

 

this section.

 

     (2) The distressed districts emergency grant fund is created

 

as a separate account within the state school aid fund. The state

 

treasurer may receive money or other assets from any source for

 

deposit into the distressed districts emergency grant fund. The

 

state treasurer shall direct the investment of the distressed

 

districts emergency grant fund and shall credit to the distressed

 

districts emergency grant fund interest and earnings from the fund.

 

     (3) Subject to subsection (4), and except as otherwise

 

provided under subsection (8), a district is eligible to receive a

 

grant from the distressed districts emergency grant fund if either

 

of the following applies:


     (a) The district has adopted a resolution authorizing the

 

voluntary dissolution of the district approved by the state

 

treasurer under section 12 of the revised school code, MCL 380.12,

 

but the dissolution has not yet taken effect under that section.

 

     (b) The district is a receiving district under section 12 of

 

the revised school code, MCL 380.12, and the district enrolls

 

pupils who were previously enrolled in a district that was

 

dissolved under section 12 of the revised school code, MCL 380.12,

 

in the immediately preceding school year.

 

     (4) A district receiving funds under section 20g is not

 

eligible to receive funds under this section.

 

     (5) The amount of a grant under this section shall be

 

determined by the state treasurer after consultation with the

 

superintendent of public instruction, but shall not exceed the

 

estimated amount of remaining district costs in excess of available

 

revenues, including, but not limited to, payroll, benefits,

 

retirement system contributions, pupil transportation, food

 

services, special education, building security, and other costs

 

necessary to allow the district to operate schools directly and

 

provide public education services until the end of the current

 

school fiscal year. For a district that meets the eligibility

 

criteria under subsection (3)(b), the amount of the grant shall be

 

determined in the same manner as transition costs under section

 

20g.

 

     (6) Before disbursing funds under this section, the state

 

treasurer shall notify the house and senate appropriations

 

subcommittees on school aid and the house and senate fiscal


agencies. The notification shall include, but not be limited to,

 

the district receiving funds under this section, the amount of the

 

funds awarded under this section, an explanation of the district

 

conditions that necessitate funding under this section, and the

 

intended use of funds disbursed under this section.

 

     (7) Money in the distressed districts emergency grant fund at

 

the close of a fiscal year shall remain in the distressed districts

 

emergency grant fund and shall not lapse to the state school aid

 

fund or to the general fund.

 

     (8) For 2014-2015 only, for a district that is a strict

 

discipline academy established under sections 1311b to 1311m of the

 

revised school code, MCL 380.1311b to 380.1311m, that serves at

 

least 340 pupils as reported on the line labeled "State aid

 

membership" in the May 2015 state aid financial status report, and

 

that services a program that provided pupil accounting information

 

to the department for the October 2013 data collection on the

 

department form entitled "ANNUAL SURVEY OF CHILDREN IN LOCAL

 

INSTITUTIONS FOR NEGLECTED OR DELINQUENT CHILDREN OR IN

 

CORRECTIONAL INSTITUTIONS (Title I of P.L. 107-110)", but for which

 

the information was not correctly compiled by the department, the

 

department shall award a grant to that district under this

 

subsection from the funding allocated under subsection (1) to

 

compensate the district for the loss in federal funding that

 

occurred as a result of the department's incorrect compilation. The

 

amount of the grant under this subsection for this purpose shall be

 

$178,000.00 for the amount lost for the 2014-2015 school year.

 

     Sec. 15. (1) If a district or intermediate district fails to


receive its proper apportionment, the department, upon satisfactory

 

proof that the district or intermediate district was entitled

 

justly, shall apportion the deficiency in the next apportionment.

 

Subject to subsections (2) and (3), if a district or intermediate

 

district has received more than its proper apportionment, the

 

department, upon satisfactory proof, shall deduct the excess in the

 

next apportionment. Notwithstanding any other provision in this

 

article, state aid overpayments to a district, other than

 

overpayments in payments for special education or special education

 

transportation, may be recovered from any payment made under this

 

article other than a special education or special education

 

transportation payment, from the proceeds of a loan to the district

 

under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to

 

141.942, or from the proceeds of millage levied or pledged under

 

section 1211 of the revised school code, MCL 380.1211. State aid

 

overpayments made in special education or special education

 

transportation payments may be recovered from subsequent special

 

education or special education transportation payments, from the

 

proceeds of a loan to the district under the emergency municipal

 

loan act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds

 

of millage levied or pledged under section 1211 of the revised

 

school code, MCL 380.1211.

 

     (2) If the result of an audit conducted by or for the

 

department affects the current fiscal year membership, affected

 

payments shall be adjusted in the current fiscal year. A deduction

 

due to an adjustment made as a result of an audit conducted by or

 

for the department, or as a result of information obtained by the


department from the district, an intermediate district, the

 

department of treasury, or the office of auditor general, shall be

 

deducted from the district's apportionments when the adjustment is

 

finalized. At the request of the district and upon the district

 

presenting evidence satisfactory to the department of the hardship,

 

the department may grant up to an additional 4 years for the

 

adjustment and may advance payments to the district otherwise

 

authorized under this article if the district would otherwise

 

experience a significant hardship in satisfying its financial

 

obligations. For a district that is a strict discipline academy

 

established under sections 1311b to 1311m of the revised school

 

code, MCL 380.1311b to 380.1311m, and that claimed a hardship in

 

2014-2015 because of an overpayment caused by a miscalculation of

 

its pupil membership for 2013-2014, the department shall consider

 

the amount of repayment made by the district as of the effective

 

date of the amendatory act that added this sentence to constitute

 

full repayment and the district is not required to continue making

 

repayment for the overpayment that occurred in 2013-2014.

 

     (3) If, based on an audit by the department or the

 

department's designee or because of new or updated information

 

received by the department, the department determines that the

 

amount paid to a district or intermediate district under this

 

article for the current fiscal year or a prior fiscal year was

 

incorrect, the department shall make the appropriate deduction or

 

payment in the district's or intermediate district's allocation in

 

the next apportionment after the adjustment is finalized. The

 

deduction or payment shall be calculated according to the law in


effect in the fiscal year in which the incorrect amount was paid.

 

If the district does not receive an allocation for the fiscal year

 

or if the allocation is not sufficient to pay the amount of any

 

deduction, the amount of any deduction otherwise applicable shall

 

be satisfied from the proceeds of a loan to the district under the

 

emergency municipal loan act, 1980 PA 243, MCL 141.931 to 141.942,

 

or from the proceeds of millage levied or pledged under section

 

1211 of the revised school code, MCL 380.1211, as determined by the

 

department.

 

     (4) The department may conduct audits, or may direct audits by

 

designee of the department, for the current fiscal year and the

 

immediately preceding 3 fiscal years of all records related to a

 

program for which a district or intermediate district has received

 

funds under this article.

 

     (5) Expenditures made by the department under this article

 

that are caused by the write-off of prior year accruals may be

 

funded by revenue from the write-off of prior year accruals.

 

     (6) In addition to funds appropriated in section 11 for all

 

programs and services, there is appropriated for 2014-2015 and for

 

2015-2016 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 under sections 22a

 

and 22b or received by an intermediate district under section 81

 

may be transferred by the board to either the capital projects fund

 

or to the debt retirement fund for debt service. The money shall

 

not be applied or taken for a purpose other than as provided in

 

this section. The department shall determine the reasonableness of

 

expenditures and may withhold from a recipient of funds under this

 

article the apportionment otherwise due upon a violation by the

 

recipient.

 

     (2) A district or intermediate district shall adopt an annual

 

budget in a manner that complies with the uniform budgeting and

 

accounting act, 1968 PA 2, MCL 141.421 to 141.440a. Within 15 days

 

after a board adopts its annual operating budget for the following

 

school fiscal year, or after a board adopts a subsequent revision

 

to that budget, the district shall make all of the following

 

available through a link on its website home page, homepage, or may

 

make the information available through a link on its intermediate

 

district's website home page, homepage, 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.

 

     (v) The district's written policy governing procurement of


supplies, materials, and equipment.

 

     (vi) The district's written policy establishing specific

 

categories of reimbursable expenses, as described in section

 

1254(2) of the revised school code, MCL 380.1254.

 

     (vii) Either the district's accounts payable check register

 

for the most recent school fiscal year or a statement of the total

 

amount of expenses incurred by board members or employees of the

 

district that were reimbursed by the district for the most recent

 

school fiscal year.

 

     (d) The total salary and a description and cost of each fringe

 

benefit included in the compensation package for the superintendent

 

of the district and for each employee of the district whose salary

 

exceeds $100,000.00.

 

     (e) The annual amount spent on dues paid to associations.

 

     (f) The annual amount spent on lobbying or lobbying services.

 

As used in this subdivision, "lobbying" means that term as defined

 

in section 5 of 1978 PA 472, MCL 4.415.

 

     (g) Any deficit elimination plan or enhanced deficit

 

elimination plan the district was required to submit under this

 

article.

 

     (h) Identification of all credit cards maintained by the

 

district as district credit cards, the identity of all individuals

 

authorized to use each of those credit cards, the credit limit on

 

each credit card, and the dollar limit, if any, for each

 

individual's authorized use of the credit card.

 

     (i) Costs incurred for each instance of out-of-state travel by

 

the school administrator of the district that is fully or partially


paid for by the district and the details of each of those instances

 

of out-of-state travel, including at least identification of each

 

individual on the trip, destination, and purpose.

 

     (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 purposes of determining the reasonableness of

 

expenditures, whether a district or intermediate district has

 

received the proper amount of funds under this article, and whether

 

a violation of this article has occurred, all of the following

 

apply:

 

     (a) The department shall require that each district and

 

intermediate district have an audit of the district's or

 

intermediate district's financial and pupil accounting records

 

conducted at least annually, and at such other times as determined

 

by the department, at the expense of the district or intermediate

 

district, as applicable. The audits must be performed by a

 

certified public accountant or by the intermediate district

 

superintendent, as may be required by the department, or in the

 

case of a district of the first class by a certified public

 

accountant, the intermediate superintendent, or the auditor general

 

of the city. A district or intermediate district shall retain these

 

records for the current fiscal year and from at least the 3

 

immediately preceding fiscal years.

 

     (b) If a district operates in a single building with fewer

 

than 700 full-time equated pupils, if the district has stable


membership, and if the error rate of the immediately preceding 2

 

pupil accounting field audits of the district is less than 2%, the

 

district may have a pupil accounting field audit conducted

 

biennially but must continue to have desk audits for each pupil

 

count. The auditor must document compliance with the audit cycle in

 

the pupil auditing manual. As used in this subdivision, "stable

 

membership" means that the district's membership for the current

 

fiscal year varies from the district's membership for the

 

immediately preceding fiscal year by less than 5%.

 

     (c) A district's or intermediate district's annual financial

 

audit shall include an analysis of the financial and pupil

 

accounting data used as the basis for distribution of state school

 

aid.

 

     (d) The pupil and financial accounting records and reports,

 

audits, and management letters are subject to requirements

 

established in the auditing and accounting manuals approved and

 

published by the department.

 

     (e) All of the following shall be done not later than November

 

15, 2014 for reporting 2013-2014 data during 2014-2015, and not

 

later than November 1 each year for reporting the prior fiscal year

 

data: for all subsequent fiscal years:

 

     (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, 2014 for 2014-2015 and by November 1 for

 

all subsequent fiscal years, 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). However, the department shall not withhold the payment due on

 

October 20 due to the operation of this subsection. 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) If a district or intermediate district does not comply

 

with subsection (2), the department may withhold up to 10% of the

 

state school aid otherwise payable 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 subsection (2). If the district

 

or intermediate district does not comply with subsection (2) by the

 

end of the fiscal year, the district or intermediate district

 

forfeits the amount withheld.

 

     (12) (11) Not later than November 1, 2014, 2015, if a district

 

or intermediate district offers online learning under section 21f,

 

the district or intermediate district shall submit to the

 

department a report that details the per-pupil costs of operating

 

the online learning by vendor type. The report shall include at

 

least all of the following information concerning the operation of

 

online learning for the school fiscal year ending June 30,

 

2014:2015:

 

     (a) The name of the district operating the online learning and

 

of each district that enrolled students in the online learning.

 

     (b) The total number of students enrolled in the online

 

learning and the total number of membership pupils enrolled in the


online learning.

 

     (c) For each pupil who is enrolled in a district other than

 

the district offering online learning, the name of that district.

 

     (d) The district in which the pupil was enrolled before

 

enrolling in the district offering online learning.

 

     (e) The number of participating students who had previously

 

dropped out of school.

 

     (f) The number of participating students who had previously

 

been expelled from school.

 

     (g) The total cost to enroll a student in the program. This

 

cost shall be reported on a per-pupil, per-course, per-semester or

 

trimester basis by vendor type. The total shall include costs

 

broken down by cost for content development, content licensing,

 

training, online instruction and instructional support, personnel,

 

hardware and software, payment to each online learning provider,

 

and other costs associated with operating online learning.

 

     (h) The name of each online education provider contracted by

 

the district and the state in which each online education provider

 

is headquartered.

 

     (13) (12) Not later than March 31, 2015, 2016, the department

 

shall submit to the house and senate appropriations subcommittees

 

on state school aid, the state budget director, and the house and

 

senate fiscal agencies a report summarizing the per pupil costs by

 

vendor type of online courses available under section 21f.

 

     (14) (13) As used in subsections (11) and (12), (12) and (13),

 

"vendor type" means the following:

 

     (a) Online courses provided by the Michigan virtual


university.

 

     (b) Online courses provided by a school of excellence that is

 

a cyber school, as defined in section 551 of the revised school

 

code, MCL 380.551.

 

     (c) Online courses provided by third party vendors not

 

affiliated with a Michigan public school.

 

     (d) Online courses created and offered by a district or

 

intermediate district.

 

     Sec. 18a. Grant funds awarded and allotted to a district,

 

intermediate district, or other entity, unless otherwise specified

 

in this act, article, shall be expended by the grant recipient

 

before the end of the school fiscal year immediately following the

 

fiscal year in which the funds are received. If a grant recipient

 

does not expend the funds received under this act article before

 

the end of the fiscal year in which the funds are received, the

 

grant recipient shall submit a report to the department not later

 

than November 1 after the fiscal year in which the funds are

 

received indicating whether it expects to expend those funds during

 

the fiscal year in which the report is submitted. 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

 

after the fiscal year in which the funds are received.

 

     Sec. 20. (1) For 2014-2015, 2015-2016, both of the following

 

apply:

 

     (a) The basic foundation allowance is $8,099.00.$8,169.00.

 

     (b) The minimum foundation allowance is $7,126.00.$7,391.00.

 

     (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) Except as otherwise provided in this subdivision, for a

 

district that had a foundation allowance for the immediately

 

preceding state fiscal year that was equal to the minimum

 

foundation allowance for the immediately preceding state fiscal

 

year, but less than the basic foundation allowance for the

 

immediately preceding state fiscal year, the district shall receive

 

a foundation allowance in an amount equal to the sum of the

 

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 difference between the basic foundation

 

allowance for the current state fiscal year and basic foundation

 

allowance for the immediately preceding state fiscal year minus

 

$10.00) $23.00) times (the difference between the district's

 

foundation allowance for the immediately preceding state fiscal

 

year and the minimum foundation allowance for the immediately

 

preceding state fiscal year) divided by the difference between the

 

basic foundation allowance for the current state fiscal year and

 

the minimum 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. For the

 

purposes of this subdivision, for 2014-2015, 2015-2016, the minimum

 

foundation allowance for the immediately preceding state fiscal

 

year shall be considered to be $7,076.00. For 2014-2015, for a

 

district that had a foundation allowance for the immediately

 

preceding state fiscal year that was at least equal to the minimum

 

foundation allowance for the immediately preceding state fiscal

 

year but less than the basic foundation allowance for the

 

immediately preceding state fiscal year, the district shall receive

 

a foundation allowance in an amount equal to the district's

 

foundation allowance for 2013-2014 plus $50.00.$7,251.00.

 

     (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 equal to the amount of the basic

 

foundation allowance for the immediately preceding state fiscal

 

year, the district shall receive a foundation allowance for 2014-

 

2015 2015-2016 in an amount equal to the basic foundation allowance

 

for 2014-2015.2015-2016.

 

     (c) For a district that had a foundation allowance for the

 

immediately preceding state fiscal year that was greater than the

 

basic foundation allowance for the immediately preceding state

 

fiscal year, the district's foundation allowance is an amount equal

 

to the sum of the district's foundation allowance for the

 

immediately preceding state fiscal year plus the lesser of the

 

increase in the basic foundation allowance for the current state


fiscal year, as compared to the immediately preceding state fiscal

 

year, or the product of the district's foundation allowance for the

 

immediately preceding state fiscal year times the percentage

 

increase in the United States consumer price index in the calendar

 

year ending in the immediately preceding fiscal year as reported by

 

the May revenue estimating conference conducted under section 367b

 

of the management and budget act, 1984 PA 431, MCL 18.1367b.

 

     (d) 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.

 

     (e) For a district that received a payment under section 22c

 

as that section was in effect for 2013-2014, 2014-2015, the

 

district's 2013-2014 2014-2015 foundation allowance shall be

 

considered to have been an amount equal to the sum of the

 

district's actual 2013-2014 2014-2015 foundation allowance as

 

otherwise calculated under this section plus the per-pupil amount

 

of the district's equity payment for 2013-2014 2014-2015 under

 

section 22c as that section was in effect for 2013-2014.2014-2015.

 

     (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 local portion of the district's foundation allowance

 

divided by the district's membership excluding special education

 

pupils. For a district described in subsection (3)(c), 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 local portion of the

 

district's foundation allowance divided by the district's

 

membership excluding special education pupils. For a district that

 

has a millage reduction required under section 31 of article IX of

 

the state constitution of 1963, the state portion of the district's

 

foundation allowance shall be calculated as if that reduction did

 

not occur. For a receiving district, if school operating taxes

 

continue to be levied on behalf of a dissolved district that has

 

been attached in whole or in part to the receiving district to

 

satisfy debt obligations of the dissolved district under section 12

 

of the revised school code, MCL 380.12, the taxable value per

 

membership pupil of property in the receiving district used for the

 

purposes of this subsection does not include the taxable value of

 

property within the geographic area of the dissolved district.

 

     (5) The allocation calculated under this section for a pupil

 

shall be based on the foundation allowance of the pupil's district

 

of residence. For a pupil enrolled pursuant to section 105 or 105c

 

in a district other than the pupil's district of residence, the

 

allocation calculated under this section shall be based on the

 

lesser of the foundation allowance of the pupil's district of

 

residence or the foundation allowance of the educating district.

 

For a pupil in membership in a K-5, K-6, or K-8 district who is

 

enrolled in another district in a grade not offered by the pupil's

 

district of residence, the allocation calculated under this section

 

shall be based on the foundation allowance of the educating

 

district if the educating district's foundation allowance is


greater than the foundation allowance of the pupil's district of

 

residence.

 

     (6) Except as otherwise provided in this subsection, for

 

pupils in membership, other than special education pupils, in a

 

public school academy, the allocation calculated under this section

 

is an amount per membership pupil other than special education

 

pupils in the public school academy equal to the foundation

 

allowance of the district in which the public school academy is

 

located or the state maximum public school academy allocation,

 

whichever is less. For pupils in membership, other than special

 

education pupils, in a public school academy that is a cyber school

 

and is authorized by a school district, 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 that authorized the public

 

school academy or the state maximum public school academy

 

allocation, whichever is less. However, a public school academy

 

that had an allocation under this subsection before 2009-2010 that

 

was equal to the sum of the local school operating revenue per

 

membership pupil other than special education pupils for the

 

district in which the public school academy is located and the

 

state portion of that district's foundation allowance shall not

 

have that allocation reduced as a result of the 2010 amendment to

 

this subsection. Notwithstanding section 101, for a public school

 

academy that begins operations after the pupil membership count

 

day, the amount per membership pupil calculated under this

 

subsection shall be adjusted by multiplying that amount per


membership pupil by the number of hours of pupil instruction

 

provided by the public school academy after it begins operations,

 

as determined by the department, divided by the minimum number of

 

hours of pupil instruction required under section 101(3). The

 

result of this calculation shall not exceed the amount per

 

membership pupil otherwise calculated under this subsection.

 

     (7) Except as otherwise provided in this subsection, for

 

pupils attending an achievement school and in membership in the

 

education achievement system, other than special education pupils,

 

the allocation calculated under this section is an amount per

 

membership pupil other than special education pupils equal to the

 

foundation allowance of the district in which the achievement

 

school is located, not to exceed the basic foundation allowance.

 

Notwithstanding section 101, for an achievement school that begins

 

operation after the pupil membership count day, the amount per

 

membership pupil calculated under this subsection shall be adjusted

 

by multiplying that amount per membership pupil by the number of

 

hours of pupil instruction provided by the achievement school after

 

it begins operations, as determined by the department, divided by

 

the minimum number of hours of pupil instruction required under

 

section 101(3). The result of this calculation shall not exceed the

 

amount per membership pupil otherwise calculated under this

 

subsection. For the purposes of this subsection, if a public school

 

is transferred from a district to the state school reform/redesign

 

district or the achievement authority under section 1280c of the

 

revised school code, MCL 380.1280c, that public school is

 

considered to be an achievement school within the education


achievement system and not a school that is part of a district, and

 

a pupil attending that public school is considered to be in

 

membership in the education achievement system and not in

 

membership in the district that operated the school before the

 

transfer.

 

     (8) Subject to subsection (4), for a district that is formed

 

or reconfigured after June 1, 2002 by consolidation of 2 or more

 

districts or by annexation, the resulting district's foundation

 

allowance under this section beginning after the effective date of

 

the consolidation or annexation shall be the lesser of the sum of

 

the average of the foundation allowances of each of the original or

 

affected districts, calculated as provided in this section,

 

weighted as to the percentage of pupils in total membership in the

 

resulting district who reside in the geographic area of each of the

 

original or affected districts plus $100.00 or the highest

 

foundation allowance among the original or affected districts. This

 

subsection does not apply to a receiving district unless there is a

 

subsequent consolidation or annexation that affects the district.

 

     (9) Each fraction used in making calculations under this

 

section shall be rounded to the fourth decimal place and the dollar

 

amount of an increase in the basic foundation allowance shall be

 

rounded to the nearest whole dollar.

 

     (10) State payments related to payment of the foundation

 

allowance for a special education pupil are not calculated under

 

this section but are instead calculated under section 51a.

 

     (11) To assist the legislature in determining the basic

 

foundation allowance for the subsequent state fiscal year, each


revenue estimating conference conducted under section 367b of the

 

management and budget act, 1984 PA 431, MCL 18.1367b, shall

 

calculate a pupil membership factor, a revenue adjustment factor,

 

and an index as follows:

 

     (a) The pupil membership factor shall be computed by dividing

 

the estimated membership in the school year ending in the current

 

state fiscal year, excluding intermediate district membership, by

 

the estimated membership for the school year ending in the

 

subsequent state fiscal year, excluding intermediate district

 

membership. If a consensus membership factor is not determined at

 

the revenue estimating conference, the principals of the revenue

 

estimating conference shall report their estimates to the house and

 

senate subcommittees responsible for school aid appropriations not

 

later than 7 days after the conclusion of the revenue conference.

 

     (b) The revenue adjustment factor shall be computed by

 

dividing the sum of the estimated total state school aid fund

 

revenue for the subsequent state fiscal year plus the estimated

 

total state school aid fund revenue for the current state fiscal

 

year, adjusted for any change in the rate or base of a tax the

 

proceeds of which are deposited in that fund and excluding money

 

transferred into that fund from the countercyclical budget and

 

economic stabilization fund under the management and budget act,

 

1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated

 

total school aid fund revenue for the current state fiscal year

 

plus the estimated total state school aid fund revenue for the

 

immediately preceding state fiscal year, adjusted for any change in

 

the rate or base of a tax the proceeds of which are deposited in


that fund. If a consensus revenue factor is not determined at the

 

revenue estimating conference, the principals of the revenue

 

estimating conference shall report their estimates to the house and

 

senate subcommittees responsible for school aid appropriations not

 

later than 7 days after the conclusion of the revenue conference.

 

     (c) The index shall be calculated by multiplying the pupil

 

membership factor by the revenue adjustment factor. If a consensus

 

index is not determined at the revenue estimating conference, the

 

principals of the revenue estimating conference shall report their

 

estimates to the house and senate subcommittees responsible for

 

school aid appropriations not later than 7 days after the

 

conclusion of the revenue conference.

 

     (12) Payments to districts, public school academies, or the

 

education achievement system shall not be made under this section.

 

Rather, the calculations under this section shall be used to

 

determine the amount of state payments under section 22b.

 

     (13) If an amendment to section 2 of article VIII of the state

 

constitution of 1963 allowing state aid to some or all nonpublic

 

schools is approved by the voters of this state, each foundation

 

allowance or per-pupil payment calculation under this section may

 

be reduced.

 

     (14) As used in this section:

 

     (a) "Certified mills" means the lesser of 18 mills or the

 

number of mills of school operating taxes levied by the district in

 

1993-94.

 

     (b) "Combined state and local revenue" means the aggregate of

 

the district's state school aid received by or paid on behalf of


the district under this section and the district's local school

 

operating revenue.

 

     (c) "Combined state and local revenue per membership pupil"

 

means the district's combined state and local revenue divided by

 

the district's membership excluding special education pupils.

 

     (d) "Current state fiscal year" means the state fiscal year

 

for which a particular calculation is made.

 

     (e) "Dissolved district" means a district that loses its

 

organization, has its territory attached to 1 or more other

 

districts, and is dissolved as provided under section 12 of the

 

revised school code, MCL 380.12.

 

     (f) "Immediately preceding state fiscal year" means the state

 

fiscal year immediately preceding the current state fiscal year.

 

     (g) "Local portion of the district's foundation allowance"

 

means an amount that is equal to the difference between (the sum of

 

the product of the taxable value per membership pupil of all

 

property in the district that is nonexempt property times the

 

district's certified mills and, for a district with certified mills

 

exceeding 12, the product of the taxable value per membership pupil

 

of property in the district that is commercial personal property

 

times the certified mills minus 12 mills) and (the quotient of the

 

product of the captured assessed valuation under tax increment

 

financing acts times the district's certified mills divided by the

 

district's membership excluding special education pupils).

 

     (h) "Local school operating revenue" means school operating

 

taxes levied under section 1211 of the revised school code, MCL

 

380.1211. For a receiving district, if school operating taxes are


to be levied on behalf of a dissolved district that has been

 

attached in whole or in part to the receiving district to satisfy

 

debt obligations of the dissolved district under section 12 of the

 

revised school code, MCL 380.12, local school operating revenue

 

does not include school operating taxes levied within the

 

geographic area of the dissolved district.

 

     (i) "Local school operating revenue per membership pupil"

 

means a district's local school operating revenue divided by the

 

district's membership excluding special education pupils.

 

     (j) "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 amount of

 

the difference between the basic foundation allowance for the

 

current state fiscal year and the basic foundation for the

 

immediately preceding state fiscal year and [(the amount of the

 

difference between the basic foundation allowance for the current

 

state fiscal year and the basic foundation for the immediately

 

preceding state fiscal year minus $10.00) $23.00) times (the

 

difference between the highest per-pupil allocation among all

 

public school academies for the immediately preceding state fiscal

 

year and the minimum foundation allowance for the immediately

 

preceding state fiscal year) divided by the difference between the

 

basic foundation allowance for the current state fiscal year and

 

the minimum foundation allowance for the immediately preceding

 

state fiscal year]. For the purposes of this subdivision, for 2014-


2015, the minimum foundation allowance for the immediately

 

preceding state fiscal year shall be considered to be $7,076.00.

 

For 2014-2015, for 2015-2016, the maximum public school academy

 

allocation is $7,218.00.$7,391.00.

 

     (k) "Membership" means the definition of that term under

 

section 6 as in effect for the particular fiscal year for which a

 

particular calculation is made.

 

     (l) "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, or property occupied by

 

a public school academy.

 

     (m) "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.

 

     (n) "Receiving district" means a district to which all or part

 

of the territory of a dissolved district is attached under section

 

12 of the revised school code, MCL 380.12.

 

     (o) "School operating purposes" means the purposes included in

 

the operation costs of the district as prescribed in sections 7 and

 

18 and purposes authorized under section 1211 of the revised school

 

code, MCL 380.1211.

 

     (p) "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.


     (q) "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.

 

     (r) "Taxable value per membership pupil" means taxable value,

 

as certified by the county treasurer and reported to the

 

department, for the calendar year ending in the current state

 

fiscal year divided by the district's membership excluding special

 

education pupils for the school year ending in the current state

 

fiscal year.

 

     Sec. 20d. In making the final determination required under

 

former section 20a of a district's combined state and local revenue

 

per membership pupil in 1993-94 and in making calculations under

 

section 20 for 2014-2015, 2015-2016, the department and the

 

department of treasury shall comply with all of the following:

 

     (a) For a district that had combined state and local revenue

 

per membership pupil in the 1994-95 state fiscal year of $6,500.00

 

or more and served as a fiscal agent for a state board designated

 

area vocational education center in the 1993-94 school year, total

 

state school aid received by or paid on behalf of the district

 

pursuant to this act in 1993-94 shall exclude payments made under

 

former section 146 and under section 147 on behalf of the

 

district's employees who provided direct services to the area

 

vocational education center. Not later than June 30, 1996, the


department shall make an adjustment under this subdivision to the

 

district's combined state and local revenue per membership pupil in

 

the 1994-95 state fiscal year and the department of treasury shall

 

make a final certification of the number of mills that may be

 

levied by the district under section 1211 of the revised school

 

code, MCL 380.1211, as a result of the adjustment under this

 

subdivision.

 

     (b) If a district had an adjustment made to its 1993-94 total

 

state school aid that excluded payments made under former section

 

146 and under section 147 on behalf of the district's employees who

 

provided direct services for intermediate district center programs

 

operated by the district under article 5, if nonresident pupils

 

attending the center programs were included in the district's

 

membership for purposes of calculating the combined state and local

 

revenue per membership pupil for 1993-94, and if there is a signed

 

agreement by all constituent districts of the intermediate district

 

that an adjustment under this subdivision shall be made, the

 

foundation allowances for 1995-96 and 1996-97 of all districts that

 

had pupils attending the intermediate district center program

 

operated by the district that had the adjustment shall be

 

calculated as if their combined state and local revenue per

 

membership pupil for 1993-94 included resident pupils attending the

 

center program and excluded nonresident pupils attending the center

 

program.

 

     Sec. 20f. (1) From the funds appropriated in section 11, there

 

is allocated an amount not to exceed $6,000,000.00 for 2014-2015

 

$18,000,000.00 for 2015-2016 for payments to eligible districts


under this section.

 

     (2) The funding under this subsection is from the allocation

 

under subsection (1). A district is eligible for funding under this

 

section subsection if the district received a payment under this

 

section as it was in effect for 2013-2014. A district was eligible

 

for funding in 2013-2014 if the sum of the following was less than

 

$5.00:

 

     (a) The increase in the district's foundation allowance or

 

per-pupil payment as calculated under section 20 from 2012-2013 to

 

2013-2014.

 

     (b) The district's equity payment per membership pupil under

 

section 22c for 2013-2014.

 

     (c) The quotient of the district's allocation under section

 

147a for 2012-2013 divided by the district's membership pupils for

 

2012-2013 minus the quotient of the district's allocation under

 

section 147a for 2013-2014 divided by the district's membership

 

pupils for 2013-2014.

 

     (3) (2) The amount allocated to each eligible district under

 

this section subsection (2) is an amount per membership pupil equal

 

to the amount per membership pupil the district received under this

 

section in 2013-2014.

 

     (4) The funding under this subsection is from the allocation

 

under subsection (1). A district is eligible for funding under this

 

subsection for 2015-2016 if the sum of the following is less than

 

$25.00:

 

     (a) The increase in the district's foundation allowance or

 

per-pupil payment as calculated under section 20 from 2014-2015 to


2015-2016.

 

     (b) The decrease in the district's best practices per-pupil

 

funding under section 22f from 2014-2015 to 2015-2016.

 

     (c) The decrease in the district's pupil performance per-pupil

 

funding under section 22j from 2014-2015 to 2015-2016.

 

     (d) The quotient of the district's allocation under section

 

31a for 2015-2016 divided by the district's membership pupils for

 

2015-2016 minus the quotient of the district's allocation under

 

section 31a for 2014-2015 divided by the district's membership

 

pupils for 2014-2015.

 

     (5) The amount allocated to each eligible district under

 

subsection (4) is an amount per membership pupil equal to $25.00

 

minus the sum of the following:

 

     (a) The increase in the district's foundation allowance or

 

per-pupil payment as calculated under section 20 from 2014-2015 to

 

2015-2016.

 

     (b) The decrease in the district's best practices per-pupil

 

funding under section 22f from 2014-2015 to 2015-2016.

 

     (c) The decrease in the district's pupil performance per-pupil

 

funding under section 22j from 2014-2015 to 2015-2016.

 

     (d) The quotient of the district's allocation under section

 

31a for 2015-2016 divided by the district's membership pupils for

 

2015-2016 minus the quotient of the district's allocation under

 

section 31a for 2014-2015 divided by the district's membership

 

pupils for 2014-2015.

 

     (6) (3) If the allocation under subsection (1) is insufficient

 

to fully fund payments under subsections (3) and (5) as otherwise


calculated under this section, the department shall prorate

 

payments under this section on an equal per-pupil basis.

 

     Sec. 20g. (1) From the money appropriated under section 11,

 

there is allocated an amount not to exceed $2,200,000.00 for 2014-

 

2015 2015-2016 for grants to eligible districts that first received

 

payments under this section in 2013-2014 for transition costs

 

related to the enrollment of pupils who were previously enrolled in

 

a district that was dissolved under section 12 of the revised

 

school code, MCL 380.12, allocated as provided under subsection

 

(3). Payments under this section shall continue for a total of 4

 

fiscal years following the dissolution of a district, after which

 

the payments shall cease.

 

     (2) A receiving school district, as that term is defined in

 

section 12 of the revised school code, MCL 380.12, is an eligible

 

district under this section.

 

     (3) The amount allocated to each eligible district under This

 

this section is an amount equal to the product of the number of

 

membership pupils enrolled in the eligible district who were

 

previously enrolled in the dissolved school district in the school

 

year immediately preceding the dissolution, or who reside in the

 

geographic area of the dissolved school district and are entering

 

kindergarten, times 10.0% of the lesser of the foundation allowance

 

of the eligible district as calculated under section 20 or the

 

basic foundation allowance under section 20(1).

 

     (4) As used in this section, "dissolved school district" means

 

a school district that has been declared dissolved under section 12

 

of the revised school code, 1976 PA 451, MCL 380.12.


     Sec. 21f. (1) A pupil enrolled in a district in any of grades

 

6 to 12 is eligible to enroll in an online course as provided for

 

in this section.

 

     (2) With the consent of the pupil's parent or legal guardian,

 

a district shall enroll an eligible pupil in up to 2 online courses

 

as requested by the pupil during an academic term, semester, or

 

trimester. Unless the pupil is newly enrolled in the pupil's

 

primary district, the request for online course enrollment must be

 

made in the academic term, semester, trimester, or summer preceding

 

the enrollment. A district may not establish additional

 

requirements that would prohibit a pupil from taking an online

 

course. If a pupil has demonstrated previous success with online

 

courses and the school leadership and the pupil's parent or legal

 

guardian determine that it is in the best interest of the pupil, a

 

pupil may be enrolled in more than 2 online courses in a specific

 

academic term, semester, or trimester. Consent of the pupil's

 

parent or legal guardian is not required if the pupil is at least

 

age 18 or is an emancipated minor.

 

     (3) An eligible pupil may enroll in an online course published

 

in the pupil's educating primary district's catalog of online

 

courses described in subsection (7)(a) or the statewide catalog of

 

online courses maintained by the Michigan virtual university

 

Virtual University pursuant to section 98.

 

     (4) A providing district or community college 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 providing

 

district or community college to provide the online course, the

 

providing district or community college shall accept for enrollment

 

all of the nonresident applicants eligible for acceptance. If the

 

number of nonresident applicants exceeds the providing district's

 

or community college's capacity to provide the online course, the

 

providing district or community college shall use a random draw

 

system, subject to the need to abide by state and federal

 

antidiscrimination laws and court orders.

 

     (5) A pupil's primary district may deny a the pupil enrollment

 

in an online course if any of the following apply, as determined by

 

the district:

 

     (a) The pupil has previously gained the credits provided from

 

the completion of the online course.

 

     (b) The online course is not capable of generating academic

 

credit.

 

     (c) The online course is inconsistent with the remaining

 

graduation requirements or career interests of the pupil.

 

     (d) The pupil does not possess the prerequisite knowledge and

 

skills to be successful in the online course or has demonstrated

 

failure in previous online coursework in the same subject.

 

     (e) The online course is of insufficient quality or rigor. A

 

district that denies a pupil enrollment for this reason shall make

 

a reasonable effort to assist the pupil to find an alternative

 

course in the same or a similar subject that is of acceptable rigor

 

and quality.


     (f) The cost of the online course exceeds the amount

 

identified in subsection (8), (10), unless the pupil's parent or

 

legal guardian agrees to pay the cost that exceeds this amount.

 

     (g) The online course enrollment request does not occur within

 

the same timelines established by the primary district for

 

enrollment and schedule changes for regular courses.

 

     (6) If a pupil is denied enrollment in an online course by a

 

the pupil's primary district, the pupil may appeal the denial by

 

submitting a letter to the superintendent of the intermediate

 

district in which the pupil's educating primary district is

 

located. The letter of appeal shall include the reason provided by

 

the primary district for not enrolling the pupil and the reason why

 

the pupil is claiming that the enrollment should be approved. The

 

intermediate district superintendent or designee shall respond to

 

the appeal within 5 days after it is received. If the intermediate

 

district superintendent or designee determines that the denial of

 

enrollment does not meet 1 or more of the reasons specified in

 

subsection (5), the primary district shall allow the pupil to

 

enroll in the online course.

 

     (7) To offer or provide an online course under this section, a

 

the providing district or intermediate district shall do all of the

 

following:

 

     (a) Provide the Michigan virtual university Virtual University

 

with the course syllabus in a form and method prescribed by the

 

Michigan virtual university Virtual University for inclusion in a

 

statewide online course catalog. The district or intermediate

 

district shall also provide on its publicly accessible website a


link to the course syllabi for all of the online courses offered by

 

the district or intermediate district and a link to the statewide

 

catalog of online courses maintained by the Michigan virtual

 

university.Virtual University.

 

     (b) Assign to each pupil a teacher of record and provide the

 

primary district with the personal identification code for the

 

teacher of record.

 

     (c) (b) Offer the online course on an open entry and exit

 

method, or aligned to a semester, trimester, or accelerated

 

academic term format.

 

     (d) (c) Not later than October 1, 2014, 2015, provide the

 

Michigan virtual university with the number of enrollments in each

 

online course the district or intermediate district offered

 

provided to pupils pursuant to this section in the immediately

 

preceding school year, and the number of enrollments in which the

 

pupil earned 60% or more of the total course points for each online

 

course.

 

     (8) To provide an online course under this section, a

 

community college shall do all of the following:

 

     (a) Provide the Michigan Virtual University with the course

 

syllabus in a form and method prescribed by the Michigan Virtual

 

University for inclusion in a statewide online course catalog.

 

     (b) Offer the online course on an open entry and exit method,

 

or aligned to a semester, trimester, or accelerated academic term

 

format.

 

     (c) Ensure that each online course it provides under this

 

section generates postsecondary credit.


     (d) Beginning with October 1, 2016, and by October 1 of each

 

year thereafter, provide the Michigan Virtual University with the

 

number of enrollments in each online course the community college

 

provided to pupils pursuant to this section in the immediately

 

preceding school year, and the number of enrollments in which the

 

pupil earned 60% or more of the total course points for each online

 

course.

 

     (e) Be taught by an instructor employed by or contracted

 

through the community college.

 

     (9) For any online course a pupil enrolls in under this

 

section, the pupil's primary district must assign to the pupil a

 

mentor to monitor the pupil's progress during the online course and

 

shall supply the providing district with the mentor's contact

 

information.

 

     (10) (8) For a pupil enrolled in 1 or more online courses

 

published in the pupil's educating primary district's catalog of

 

online courses under subsection (7) or in the statewide catalog of

 

online courses maintained by the Michigan virtual university,

 

Virtual University, the primary district shall use foundation

 

allowance or per-pupil funds calculated under section 20 to pay for

 

the expenses associated with the online course or courses. The

 

district shall pay 80% of the cost of the online course upon

 

enrollment and 20% upon completion as determined by the district. A

 

district is not required to pay toward the cost of an online course

 

an amount that exceeds 8.33% 6.67% of the minimum foundation

 

allowance for the current fiscal year as calculated under section

 

20.


     (11) (9) An online learning pupil shall have the same rights

 

and access to technology in his or her primary district's school

 

facilities as all other pupils enrolled in the pupil's primary

 

district.

 

     (12) (10) If a pupil successfully completes an online course,

 

as determined by the pupil's primary district, the pupil's primary

 

district shall grant appropriate academic credit for completion of

 

the course and shall count that credit toward completion of

 

graduation and subject area requirements. A pupil's school record

 

and transcript shall identify the online course title as it appears

 

in the online course syllabus.

 

     (13) (11) The enrollment of a pupil in 1 or more online

 

courses shall not result in a pupil being counted as more than 1.0

 

full-time equivalent pupils under this article.

 

     (14) (12) The portion of the full-time equated pupil

 

membership for which a pupil is enrolled in 1 or more online

 

courses under this section shall not be transferred under the pupil

 

transfer process under section 25e.

 

     (15) (13) As used in this section:

 

     (a) "Mentor" means a professional employee of the primary

 

district who monitors the pupil's progress, ensures the pupil has

 

access to needed technology, is available for assistance, and

 

ensures access to the teacher of record. A mentor may also serve as

 

the teacher of record if the mentor meets the requirements under

 

subdivision (g).

 

     (b) (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 Internet-connected learning

 

environment, in which pupils are separated from their teachers by

 

time or location, or both, and, if the course is provided by a

 

district or intermediate district, in which a teacher who holds a

 

valid Michigan teaching certificate that qualifies the teacher to

 

teach the course is responsible for providing 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.

 

     (c) (b) "Online course syllabus" means a document that

 

includes all of the following:

 

     (i) The state academic standards addressed in an online

 

course.

 

     (ii) The online course content outline.

 

     (iii) The online course required assessments.

 

     (iv) The online course prerequisites.

 

     (v) Expectations for actual instructor contact time with the

 

online learning pupil and other pupil-to-instructor communications.

 

     (vi) Academic support available to the online learning pupil.

 

     (vii) The online course learning outcomes and objectives.

 

     (viii) The name of the institution or organization providing

 

the online content.

 

     (ix) The name of the institution or organization providing the

 

online instructor.

 

     (x) The course titles assigned by the district or intermediate

 

district and the course titles and course codes from the national


center for education statistics National Center for Education

 

Statistics (NCES) school codes for the exchange of data (SCED).

 

     (xi) The number of eligible nonresident pupils that will be

 

accepted by the district or intermediate district in the online

 

course.

 

     (xii) The results of the online course quality review using

 

the guidelines and model review process published by the Michigan

 

virtual university.Virtual University.

 

     (d) (c) "Online learning pupil" means a pupil enrolled in 1 or

 

more online courses.

 

     (e) (d) "Primary district" means the pupil's district that

 

enrolls the pupil and reports the pupil as a full-time equated

 

pupil for pupil membership purposes.of residence.

 

     (f) "Providing district" means the district, intermediate

 

district, or community college that the primary district pays to

 

provide the online course.

 

     (g) "Teacher of record" means a teacher who holds a valid

 

Michigan teaching certificate; who, if applicable, is endorsed in

 

the subject area and grade of the online course; and is responsible

 

for providing instruction, determining 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.

 

     Sec. 22a. (1) From the appropriation in section 11, there is

 

allocated an amount not to exceed $5,380,000,000.00

 

$5,377,000,000.00 for 2014-2015 and an amount not to exceed

 

$5,281,700,000.00 for 2015-2016 for payments to districts and


qualifying public school academies to guarantee each district and

 

qualifying public school academy an amount equal to its 1994-95

 

total state and local per pupil revenue for school operating

 

purposes under section 11 of article IX of the state constitution

 

of 1963. Pursuant to section 11 of article IX of the state

 

constitution of 1963, this guarantee does not apply to a district

 

in a year in which the district levies a millage rate for school

 

district operating purposes less than it levied in 1994. However,

 

subsection (2) applies to calculating the payments under this

 

section. Funds allocated under this section that are not expended

 

in the state fiscal year for which they were allocated, as

 

determined by the department, may be used to supplement the

 

allocations under sections 22b and 51c in order to fully fund those

 

calculated allocations for the same fiscal year.

 

     (2) To ensure that a district receives an amount equal to the

 

district's 1994-95 total state and local per pupil revenue for

 

school operating purposes, there is allocated to each district a

 

state portion of the district's 1994-95 foundation allowance in an

 

amount calculated as follows:

 

     (a) Except as otherwise provided in this subsection, the state

 

portion of a district's 1994-95 foundation allowance is an amount

 

equal to the district's 1994-95 foundation allowance or $6,500.00,

 

whichever is less, minus the difference between the sum of the

 

product of the taxable value per membership pupil of all property

 

in the district that is nonexempt property times the district's

 

certified mills and, for a district with certified mills exceeding

 

12, the product of the taxable value per membership pupil of


property in the district that is commercial personal property times

 

the certified mills minus 12 mills and the quotient of the ad

 

valorem property tax revenue of the district captured under tax

 

increment financing acts divided by the district's membership. For

 

a district that has a millage reduction required under section 31

 

of article IX of the state constitution of 1963, the state portion

 

of the district's foundation allowance shall be calculated as if

 

that reduction did not occur. For a receiving district, if school

 

operating taxes are to be levied on behalf of a dissolved district

 

that has been attached in whole or in part to the receiving

 

district to satisfy debt obligations of the dissolved district

 

under section 12 of the revised school code, MCL 380.12, taxable

 

value per membership pupil of all property in the receiving

 

district that is nonexempt property and taxable value per

 

membership pupil of property in the receiving district that is

 

commercial personal property do not include property within the

 

geographic area of the dissolved district; ad valorem property tax

 

revenue of the receiving district captured under tax increment

 

financing acts does not include ad valorem property tax revenue

 

captured within the geographic boundaries of the dissolved district

 

under tax increment financing acts; and certified mills do not

 

include the certified mills of the dissolved district.

 

     (b) For a district that had a 1994-95 foundation allowance

 

greater than $6,500.00, the state payment under this subsection

 

shall be the sum of the amount calculated under subdivision (a)

 

plus the amount calculated under this subdivision. The amount

 

calculated under this subdivision shall be equal to the difference


between the district's 1994-95 foundation allowance minus $6,500.00

 

and the current year hold harmless school operating taxes per

 

pupil. If the result of the calculation under subdivision (a) is

 

negative, the negative amount shall be an offset against any state

 

payment calculated under this subdivision. If the result of a

 

calculation under this subdivision is negative, there shall not be

 

a state payment or a deduction under this subdivision. The taxable

 

values per membership pupil used in the calculations under this

 

subdivision are as adjusted by ad valorem property tax revenue

 

captured under tax increment financing acts divided by the

 

district's membership. For a receiving district, if school

 

operating taxes are to be levied on behalf of a dissolved district

 

that has been attached in whole or in part to the receiving

 

district to satisfy debt obligations of the dissolved district

 

under section 12 of the revised school code, MCL 380.12, ad valorem

 

property tax revenue captured under tax increment financing acts do

 

not include ad valorem property tax revenue captured within the

 

geographic boundaries of the dissolved district under tax increment

 

financing acts.

 

     (3) Beginning in 2003-2004, for pupils in membership in a

 

qualifying public school academy, there is allocated under this

 

section to the authorizing body that is the fiscal agent for the

 

qualifying public school academy for forwarding to the qualifying

 

public school academy an amount equal to the 1994-95 per pupil

 

payment to the qualifying public school academy under section 20.

 

     (4) A district or qualifying public school academy may use

 

funds allocated under this section in conjunction with any federal


funds for which the district or qualifying public school academy

 

otherwise would be eligible.

 

     (5) Except as otherwise provided in this subsection, for a

 

district that is formed or reconfigured after June 1, 2000 by

 

consolidation of 2 or more districts or by annexation, the

 

resulting district's 1994-95 foundation allowance under this

 

section beginning after the effective date of the consolidation or

 

annexation shall be the average of the 1994-95 foundation

 

allowances of each of the original or affected districts,

 

calculated as provided in this section, weighted as to the

 

percentage of pupils in total membership in the resulting district

 

in the state fiscal year in which the consolidation takes place who

 

reside in the geographic area of each of the original districts. If

 

an affected district's 1994-95 foundation allowance is less than

 

the 1994-95 basic foundation allowance, the amount of that

 

district's 1994-95 foundation allowance shall be considered for the

 

purpose of calculations under this subsection to be equal to the

 

amount of the 1994-95 basic foundation allowance. This subsection

 

does not apply to a receiving district unless there is a subsequent

 

consolidation or annexation that affects the district.

 

     (6) Payments under this section are subject to section 25f.

 

     (7) As used in this section:

 

     (a) "1994-95 foundation allowance" means a district's 1994-95

 

foundation allowance calculated and certified by the department of

 

treasury or the superintendent under former section 20a as enacted

 

in 1993 PA 336 and as amended by 1994 PA 283.

 

     (b) "Certified mills" means the lesser of 18 mills or the


number of mills of school operating taxes levied by the district in

 

1993-94.

 

     (c) "Current state fiscal year" means the state fiscal year

 

for which a particular calculation is made.

 

     (d) "Current year hold harmless school operating taxes per

 

pupil" means the per pupil revenue generated by multiplying a

 

district's 1994-95 hold harmless millage by the district's current

 

year taxable value per membership pupil. For a receiving district,

 

if school operating taxes are to be levied on behalf of a dissolved

 

district that has been attached in whole or in part to the

 

receiving district to satisfy debt obligations of the dissolved

 

district under section 12 of the revised school code, MCL 380.12,

 

taxable value per membership pupil does not include the taxable

 

value of property within the geographic area of the dissolved

 

district.

 

     (e) "Dissolved district" means a district that loses its

 

organization, has its territory attached to 1 or more other

 

districts, and is dissolved as provided under section 12 of the

 

revised school code, MCL 380.12.

 

     (f) "Hold harmless millage" means, for a district with a 1994-

 

95 foundation allowance greater than $6,500.00, the number of mills

 

by which the exemption from the levy of school operating taxes on a

 

homestead, qualified agricultural property, qualified forest

 

property, supportive housing property, industrial personal

 

property, and commercial personal property, and property occupied

 

by a public school academy could be reduced as provided in section

 

1211 of the revised school code, MCL 380.1211, and the number of


mills of school operating taxes that could be levied on all

 

property as provided in section 1211(2) of the revised school code,

 

MCL 380.1211, as certified by the department of treasury for the

 

1994 tax year. For a receiving district, if school operating taxes

 

are to be levied on behalf of a dissolved district that has been

 

attached in whole or in part to the receiving district to satisfy

 

debt obligations of the dissolved district under section 12 of the

 

revised school code, MCL 380.12, school operating taxes do not

 

include school operating taxes levied within the geographic area of

 

the dissolved district.

 

     (g) "Homestead", "qualified agricultural property", "qualified

 

forest property", "supportive housing property", "industrial

 

personal property", and "commercial personal property" mean those

 

terms as defined in section 1211 of the revised school code, MCL

 

380.1211.

 

     (h) "Membership" means the definition of that term under

 

section 6 as in effect for the particular fiscal year for which a

 

particular calculation is made.

 

     (i) "Nonexempt property" means property that is not a

 

principal residence, qualified agricultural property, qualified

 

forest property, supportive housing property, industrial personal

 

property, or commercial personal property, or property occupied by

 

a public school academy.

 

     (j) "Qualifying public school academy" means a public school

 

academy that was in operation in the 1994-95 school year and is in

 

operation in the current state fiscal year.

 

     (k) "Receiving district" means a district to which all or part


of the territory of a dissolved district is attached under section

 

12 of the revised school code, MCL 380.12.

 

     (l) "School operating taxes" means local ad valorem property

 

taxes levied under section 1211 of the revised school code, MCL

 

380.1211, and retained for school operating purposes as defined in

 

section 20.

 

     (m) "Tax increment financing acts" means 1975 PA 197, MCL

 

125.1651 to 125.1681, the tax increment finance authority act, 1980

 

PA 450, MCL 125.1801 to 125.1830, the local development financing

 

act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield

 

redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672,

 

or the corridor improvement authority act, 2005 PA 280, MCL

 

125.2871 to 125.2899.

 

     (n) "Taxable value per membership pupil" means each of the

 

following divided by the district's membership:

 

     (i) For the number of mills by which the exemption from the

 

levy of school operating taxes on a homestead, qualified

 

agricultural property, qualified forest property, supportive

 

housing property, industrial personal property, and commercial

 

personal property, and property occupied by a public school academy

 

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, and property occupied by a public school academy

 

for the calendar year ending in the current state fiscal year. For

 

a receiving district, if school operating taxes are to be levied on


behalf of a dissolved district that has been attached in whole or

 

in part to the receiving district to satisfy debt obligations of

 

the dissolved district under section 12 of the revised school code,

 

MCL 380.12, mills do not include mills within the geographic area

 

of the dissolved district.

 

     (ii) For the number of mills of school operating taxes that

 

may be levied on all property as provided in section 1211(2) of the

 

revised school code, MCL 380.1211, the taxable value of all

 

property for the calendar year ending in the current state fiscal

 

year. For a receiving district, if school operating taxes are to be

 

levied on behalf of a dissolved district that has been attached in

 

whole or in part to the receiving district to satisfy debt

 

obligations of the dissolved district under section 12 of the

 

revised school code, MCL 380.12, school operating taxes do not

 

include school operating taxes levied within the geographic area of

 

the dissolved district.

 

     Sec. 22b. (1) From the appropriation in section 11, there is

 

allocated an amount not to exceed $3,434,000,000.00

 

$3,440,000,000.00 for 2014-2015 and an amount not to exceed

 

$3,728,000,000.00 for 2015-2016 for discretionary nonmandated

 

payments to districts under this section. Funds allocated under

 

this section that are not expended in the state fiscal year for

 

which they were allocated, as determined by the department, may be

 

used to supplement the allocations under sections 22a and 51c in

 

order to fully fund those calculated allocations for the same

 

fiscal year.

 

     (2) Subject to subsection (3) and section 296, the allocation


to a district under this section shall be an amount equal to the

 

sum of the amounts calculated under sections 20, 51a(2), 51a(3),

 

and 51a(11), minus the sum of the allocations to the district under

 

sections 22a and 51c.

 

     (3) In order to receive an allocation under subsection (1),

 

each district shall do all of the following:

 

     (a) Comply with section 1280b of the revised school code, MCL

 

380.1280b.

 

     (b) Comply with sections 1278a and 1278b of the revised school

 

code, MCL 380.1278a and 380.1278b.

 

     (c) Furnish data and other information required by state and

 

federal law to the center and the department in the form and manner

 

specified by the center or the department, as applicable.

 

     (d) Comply with section 1230g of the revised school code, MCL

 

380.1230g.

 

     (e) Comply with section 21f.

 

     (4) Districts are encouraged to use funds allocated under this

 

section for the purchase and support of payroll, human resources,

 

and other business function software that is compatible with that

 

of the intermediate district in which the district is located and

 

with other districts located within that intermediate district.

 

     (5) From the allocation in subsection (1), the department

 

shall pay up to $1,000,000.00 in litigation costs incurred by this

 

state related to commercial or industrial property tax appeals,

 

including, but not limited to, appeals of classification, that

 

impact revenues dedicated to the state school aid fund.

 

     (6) From the allocation in subsection (1), the department


shall pay up to $1,000,000.00 in litigation costs incurred by this

 

state associated with lawsuits filed by 1 or more districts or

 

intermediate districts against this state. If the allocation under

 

this section is insufficient to fully fund all payments required

 

under this section, the payments under this subsection shall be

 

made in full before any proration of remaining payments under this

 

section.

 

     (7) It is the intent of the legislature that all

 

constitutional obligations of this state have been fully funded

 

under sections 22a, 31d, 51a, 51c, and 152a. If a claim is made by

 

an entity receiving funds under this article that challenges the

 

legislative determination of the adequacy of this funding or

 

alleges that there exists an unfunded constitutional requirement,

 

the state budget director may escrow or allocate from the

 

discretionary funds for nonmandated payments under this section the

 

amount as may be necessary to satisfy the claim before making any

 

payments to districts under subsection (2). If funds are escrowed,

 

the escrowed funds are a work project appropriation and the funds

 

are carried forward into the following fiscal year. The purpose of

 

the work project is to provide for any payments that may be awarded

 

to districts as a result of litigation. The work project shall be

 

completed upon resolution of the litigation.

 

     (8) If the local claims review board or a court of competent

 

jurisdiction makes a final determination that this state is in

 

violation of section 29 of article IX of the state constitution of

 

1963 regarding state payments to districts, the state budget

 

director shall use work project funds under subsection (7) or


allocate from the discretionary funds for nonmandated payments

 

under this section the amount as may be necessary to satisfy the

 

amount owed to districts before making any payments to districts

 

under subsection (2).

 

     (9) If a claim is made in court that challenges the

 

legislative determination of the adequacy of funding for this

 

state's constitutional obligations or alleges that there exists an

 

unfunded constitutional requirement, any interested party may seek

 

an expedited review of the claim by the local claims review board.

 

If the claim exceeds $10,000,000.00, this state may remove the

 

action to the court of appeals, and the court of appeals shall have

 

and shall exercise jurisdiction over the claim.

 

     (10) If payments resulting from a final determination by the

 

local claims review board or a court of competent jurisdiction that

 

there has been a violation of section 29 of article IX of the state

 

constitution of 1963 exceed the amount allocated for discretionary

 

nonmandated payments under this section, the legislature shall

 

provide for adequate funding for this state's constitutional

 

obligations at its next legislative session.

 

     (11) If a lawsuit challenging payments made to districts

 

related to costs reimbursed by federal title XIX Medicaid funds is

 

filed against this state, then, for the purpose of addressing

 

potential liability under such a lawsuit, the state budget director

 

may place funds allocated under this section in escrow or allocate

 

money from the funds otherwise allocated under this section, up to

 

a maximum of 50% of the amount allocated in subsection (1). If

 

funds are placed in escrow under this subsection, those funds are a


work project appropriation and the funds are carried forward into

 

the following fiscal year. The purpose of the work project is to

 

provide for any payments that may be awarded to districts as a

 

result of the litigation. The work project shall be completed upon

 

resolution of the litigation. In addition, this state reserves the

 

right to terminate future federal title XIX Medicaid reimbursement

 

payments to districts if the amount or allocation of reimbursed

 

funds is challenged in the lawsuit. As used in this subsection,

 

"title XIX" means title XIX of the social security act, 42 USC 1396

 

to 1396v.

 

     (12) Payments under this section are subject to section 25f.

 

     Sec. 22d. (1) From the appropriation in section 11, an amount

 

not to exceed $2,584,600.00 $5,000,000.00 is allocated for 2014-

 

2015 2015-2016 for supplemental payments to rural districts under

 

this section.

 

     (2) From the allocation under subsection (1), there is

 

allocated for 2014-2015 2015-2016 an amount not to exceed

 

$957,300.00 for payments under this subsection to districts that

 

meet all of the following:

 

     (a) Operates grades K to 12.

 

     (b) Has fewer than 250 pupils in membership.

 

     (c) Each school building operated by the district meets at

 

least 1 of the following:

 

     (i) Is located in the Upper Peninsula at least 30 miles from

 

any other public school building.

 

     (ii) Is located on an island that is not accessible by bridge.

 

     (3) The amount of the additional funding to each eligible


district under subsection (2) shall be determined under a spending

 

plan developed as provided in this subsection and approved by the

 

superintendent of public instruction. The spending plan shall be

 

developed cooperatively by the intermediate superintendents of each

 

intermediate district in which an eligible district is located. The

 

intermediate superintendents shall review the financial situation

 

of each eligible district, determine the minimum essential

 

financial needs of each eligible district, and develop and agree on

 

a spending plan that distributes the available funding under

 

subsection (2) to the eligible districts based on those financial

 

needs. The intermediate superintendents shall submit the spending

 

plan to the superintendent of public instruction for approval. Upon

 

approval by the superintendent of public instruction, the amounts

 

specified for each eligible district under the spending plan are

 

allocated under subsection (2) and shall be paid to the eligible

 

districts in the same manner as payments under section 22b.

 

     (4) Subject to subsection (6), from the allocation in

 

subsection (1), there is allocated for 2014-2015 2015-2016 an

 

amount not to exceed $1,627,300.00 $4,042,700.00 for payments under

 

this subsection to districts that meet all of the following:

 

     (a) The district has 5.0 have 7.3 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. 22g. (1) From the funds appropriated in section 11, there

 

is allocated for 2014-2015 2015-2016 only an amount not to exceed

 

$2,000,000.00 $5,000,000.00 for competitive assistance grants to

 

districts and intermediate districts.

 

     (2) Funds received under this section may be used for

 

reimbursement of transition costs associated with the consolidation

 

or annexation of operations or services between 2 or more districts

 

, or intermediate districts. , or other local units of government,

 

the consolidation or sharing of technology and data operations or

 

services between 50 or more districts or 5 or more intermediate

 

districts, or the consolidation of districts or intermediate

 

districts. Grant funding shall be available for consolidations or

 

annexations that occur on or after June 1, 2014. The department

 

shall develop an application process and method of grant

 

distribution. The department shall give priority to applicants that

 

propose including at least 1 of the following statewide activities:

 

2015. Districts may spend funds allocated under this section over 3

 

fiscal years.

 

     (a) A comprehensive, research-based academic early warning

 

indicator and dropout prevention solution.

 

     (b) A data-driven system for identifying early reading

 

challenges and establishing individual reading development plans

 

for every student by the end of grade 3.

 

     Sec. 22i. (1) From the funds appropriated in section 11, there


is allocated for 2013-2014 an amount not to exceed $45,000,000.00

 

and there is allocated for 2014-2015 2015-2016 an amount not to

 

exceed $41,500,000.00 $23,500,000.00 for the technology readiness

 

infrastructure grant program for districts or intermediate

 

districts on behalf of their constituent districts. Funds received

 

under this subsection section shall be used for the development or

 

improvement of a district's districts' technology hard

 

infrastructure, the shared services consolidation of technology and

 

data , and for the coordination and strategic purchasing of

 

hardware and software in preparation for the planned implementation

 

in 2014-2015 of online assessments.delivery of assessments through

 

online models. This allocation shall not be made after 2015-2016.

 

     (2) The Subject to the requirements of this section, the

 

department shall develop a competitive application process and

 

method of grant distribution to eligible districts and intermediate

 

districts that demonstrate need for grants under subsection (1).

 

The department may consult with the department of technology,

 

management, and budget during the grant process and grant

 

distribution. Grants to districts shall not exceed $2,000,000.00

 

per district. A grant to an intermediate district on behalf of its

 

constituent districts shall not exceed $2,000,000.00 per

 

constituent district. To receive a grant under subsection (1), an

 

intermediate district shall demonstrate that a grant awarded to the

 

intermediate district on behalf of its constituent districts would

 

provide savings compared to providing grants to individual

 

districts. The department shall give additional consideration to

 

applicants that propose external partnerships and articulate plans


for sustainability beyond the grant funding.

 

     (3) From the general fund money appropriated in section 11,

 

there is allocated an amount not to exceed $5,000,000.00 for 2013-

 

2014 to be awarded through a competitive bid process to a single

 

provider of whole-school technology as described in this

 

subsection. The department shall issue a single request for

 

proposal with application rules written and administered by the

 

department, and with a focus on economic and geographic diversity.

 

To be eligible to receive the grant under this section, a provider

 

shall meet all of the following:

 

     (a) Agrees to submit evaluation criteria in a form and manner

 

determined by the department.

 

     (b) Provides at least all of the following:

 

     (i) One-to-one mobile devices.

 

     (ii) Laptop or desktop computers for each classroom.

 

     (iii) On- and off-campus filtering.

 

     (iv) Wireless networks and peripherals.

 

     (v) Wireless audio equipment.

 

     (vi) Operating software.

 

     (vii) Instructional software.

 

     (viii) Repairs and replacements.

 

     (ix) Professional development.

 

     (x) Ongoing support.

 

     (3) From the money allocated in subsection (1), there is

 

allocated an amount not to exceed $11,250,000.00 for district

 

participation incentives as described in this subsection. Grants

 

awarded under this subsection shall be distributed on an equal per


pupil basis, not to exceed $10.00 per pupil. To receive funding

 

under this subsection, a district must meet all of the following:

 

     (a) The district agrees to limit the spending of participation

 

incentive grants to technology readiness efforts, including, but

 

not limited to, the following:

 

     (i) Online or digital assessment, including universal

 

diagnostic screening tools.

 

     (ii) In-building wireless connectivity.

 

     (iii) Network services, such as additional bandwidth and

 

content filtering.

 

     (iv) Computer or device purchasing.

 

     (v) Technology readiness for instruction and data

 

collaborations that support online assessment readiness.

 

     (b) The district agrees to be represented in the program known

 

as "TRIG sponsored statewide 470 bids for E-rate funding" and to

 

consider using the awarded vendors. However, the district is not

 

obligated to purchase from that bid or those vendors.

 

     (c) The district agrees to participate in any survey or data

 

collection process considered necessary by the department.

 

     (d) The district ensures that its intermediate district also

 

agrees to requirements of subdivisions (a) to (c) for the district

 

to receive participation funds.

 

     (4) From the money allocated in subsection (1), there is

 

allocated an amount not to exceed $9,250,000.00 for device

 

purchasing incentives.

 

     (5) From the money allocated in subsection (1), there is

 

allocated an amount not to exceed $2,200,000.00 for data systems


integration.

 

     (6) From the money allocated in subsection (1), there is

 

allocated an amount not to exceed $300,000.00 for E-rate

 

activities.

 

     (7) From the money allocated in subsection (1), there is

 

allocated an amount not to exceed $500,000.00 for administration of

 

the technology readiness infrastructure grant program.

 

     (8) Not later than January 1, 2017, the department shall

 

consolidate and prepare a summary from the total project reports

 

from each grantee under this section to include measurable outcomes

 

based on grant objectives. The report shall include a summary of

 

compiled data from each grantee to provide a means to evaluate the

 

effectiveness of the grant project. The department shall submit the

 

report to the house and senate appropriations subcommittees on

 

state school aid and on the department budget and to the house and

 

senate fiscal agencies.

 

     (9) (4) The funds allocated under subsection (1) are a work

 

project appropriation. Any unexpended funds for 2013-2014 are

 

carried forward into 2014-2015 and any unexpended funds for 2014-

 

2015 are carried forward into 2015-2016. The purpose of the work

 

project is to continue to implement the projects described under

 

this section. The estimated completion date of the work project is

 

September 30, 2016.2015-2016 shall lapse to the state school aid

 

fund.

 

     (10) From the funds appropriated under this article, the

 

department shall not contract for or pay for a contract that

 

creates informational technology infrastructure that is owned or


operated by this state, a local unit of government, a community

 

college or state public university, or a district or intermediate

 

district, and is operated in a manner that provides informational

 

technology services to public entities in competition with

 

businesses located in this state.

 

     (11) As used in this section:

 

     (a) "Hard infrastructure" means technology hardware necessary

 

to move to an online learning and testing environment, including,

 

but not limited to, fiber, servers, wireless computing networks,

 

and necessary peripherals.

 

     (b) "Shared services consolidation of technology and data"

 

means projects that support the move to a collaborative multiple

 

organizational approach to managing hardware, software,

 

peripherals, and data integration and display of appropriate

 

information for parents, teachers, administrators, and this state.

 

     Sec. 23a. (1) A dropout recovery program operated by a

 

district qualifies for the special membership counting provisions

 

of section 6(4)(ff) 6(4)(DD) and the hours and day of pupil

 

instruction exemption under section 101(12) if the dropout recovery

 

program meets all of the following:

 

     (a) Enrolls only eligible pupils.

 

     (b) Provides an advocate. An advocate may serve in that role

 

for more than 1 pupil but no more than 50 pupils. An advocate may

 

be employed by the district or may be provided by an education

 

management organization that is partnering with the district.

 

Before an individual is assigned to be an advocate for a pupil in

 

the dropout recovery program, the district shall comply with


sections 1230 and 1230a of the revised school code, MCL 380.1230

 

and 380.1230a, with respect to that individual.

 

     (c) Develops a written learning plan.

 

     (d) Monitors the pupil's progress against the written learning

 

plan.

 

     (e) Requires each pupil to make satisfactory monthly progress,

 

as defined by the district under subsection (2).

 

     (f) Reports the pupil's progress results to the partner

 

district at least monthly.

 

     (g) The program may be operated on or off a district school

 

campus, but may be operated using distance learning online only if

 

the program provides a computer and internet access for each

 

eligible pupil participating in the program.

 

     (h) Is operated throughout the entire calendar year.

 

     (i) If the district partners with an education management

 

organization for the program, the education management organization

 

has a dropout recovery program partnership relationship with at

 

least 1 other district.

 

     (2) A district operating a dropout recovery program under this

 

section shall adopt a definition of satisfactory monthly progress

 

that is consistent with the definition of that term under

 

subsection (3).

 

     (3) As used in this section:

 

     (a) "Advocate" means an adult available to meet in person with

 

assigned pupils, as needed, to conduct social interventions, to

 

proctor final examinations, and to provide academic and social

 

support to pupils enrolled in the district's dropout recovery


program.

 

     (b) "Education management organization" means a private

 

provider that operates 1 or more other dropout recovery programs

 

that meet the requirements of this section in partnership with 1 or

 

more districts.

 

     (c) "Eligible pupil" means a pupil who has been expelled from

 

school under the mandatory expulsion provisions in section 1311 or

 

1311a of the revised school code, MCL 380.1311 and 380.1311a, a

 

pupil who has been suspended or expelled from school under a local

 

policy, a pupil who is referred by a court, a pupil who is pregnant

 

or is a parent, a pupil who was previously a dropout, or a pupil

 

who is determined by the district to be at risk of dropping out.

 

     (d) "Satisfactory monthly progress" means an amount of

 

progress that is measurable on a monthly basis and that, if

 

continued for a full 12 months, would result in the same amount of

 

academic credit being awarded to the pupil as would be awarded to a

 

general education pupil completing a full school year. Satisfactory

 

monthly progress may include a lesser required amount of progress

 

for the first 2 months a pupil participates in the program.

 

     (e) "Written learning plan" means a written plan developed in

 

conjunction with the advocate that includes the plan start and end

 

dates, courses to be taken, credit to be earned for each course,

 

teacher of record for each course, and advocate name and contact

 

information.

 

     Sec. 24. (1) From the appropriation in section 11, there is

 

allocated for 2014-2015 2015-2016 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 health and human services to reside in or to

 

attend a juvenile detention facility or child caring institution

 

licensed by the department of health and 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

 

health and human services to reside in or to attend a juvenile

 

detention facility or child caring institution licensed by the

 

department of health and human services or the department of

 

licensing and regulatory affairs and approved by the department to

 

provide an on-grounds education program. Added cost shall be

 

computed by deducting all other revenue received under this article

 

for pupils described in this section from total costs, as approved

 

by the department, in whole or in part, for educating those pupils

 

in the on-grounds education program or in a program approved by the

 

department that is located on property adjacent to a juvenile

 

detention facility or child caring institution. Costs reimbursed by


federal funds are not included.

 

     (b) "Department's approved per-pupil allocation" for a

 

district or intermediate district shall be determined by dividing

 

the total amount allocated under this section for a fiscal year by

 

the full-time equated membership total for all pupils approved by

 

the department to be funded under this section for that fiscal year

 

for the district or intermediate district.

 

     (3) A district or intermediate district educating pupils

 

described in this section at a residential child caring institution

 

may operate, and receive funding under this section for, a

 

department-approved on-grounds educational program for those pupils

 

that is longer than 181 days, but not longer than 233 days, if the

 

child caring institution was licensed as a child caring institution

 

and offered in 1991-92 an on-grounds educational program that was

 

longer than 181 days but not longer than 233 days and that was

 

operated by a district or intermediate district.

 

     (4) Special education pupils funded under section 53a shall

 

not be funded under this section.

 

     Sec. 24a. From the appropriation in section 11, there is

 

allocated an amount not to exceed $2,195,500.00 for 2014-2015

 

$2,189,800.00 for 2015-2016 for payments to intermediate districts

 

for pupils who are placed in juvenile justice service facilities

 

operated by the department of health and 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 health and

 

human services to ensure that all funding allocated under this

 

section is utilized by the intermediate district and department of

 

health and 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 health and

 

human services to a district or intermediate district unless the

 

district or intermediate district consents to the transfer.

 

     Sec. 24c. From the appropriation in section 11, there is

 

allocated an amount not to exceed $1,500,000.00 for 2014-2015

 

$1,497,400.00 for 2015-2016 for payments to districts for pupils

 

who are enrolled in a nationally administered community-based

 

education and youth mentoring program, known as the youth challenge

 

program, that is administered by the department of military and

 

veterans affairs. Both of the following apply to a district

 

receiving payments under this section:

 

     (a) The district shall contract with the department of

 

military and veterans affairs to ensure that all funding allocated

 

under this section is utilized by the district and the department

 

of military and veterans affairs for the youth challenge program.

 

     (b) The district may retain for its administrative expenses an

 

amount not to exceed 3% of the amount of the payment the district

 

receives under this section.

 

     Sec. 25e. (1) The pupil membership transfer application and


pupil transfer process administered by the center under this

 

section shall be used for processing pupil transfers.

 

     (2) If a pupil counted in membership for the pupil membership

 

count day transfers from a district or intermediate district to

 

enroll in another district or intermediate district after the pupil

 

membership count day and before the supplemental count day and, due

 

to the pupil's enrollment and attendance status as of the pupil

 

membership count day, the pupil was not counted in membership in

 

the educating district or intermediate district, the educating

 

district or intermediate district may report the enrollment and

 

attendance information to the center through the pupil transfer

 

process within 30 days after the transfer or within 30 days after

 

the pupil membership count certification date, whichever is later.

 

Pupil transfers may be submitted no earlier than the first day

 

after the certification deadline for the pupil membership count day

 

and before the supplemental count day. Upon receipt of the transfer

 

information under this subsection indicating that a pupil has

 

enrolled and is in attendance in an educating district or

 

intermediate district as described in this subsection, the pupil

 

transfer process shall do the following:

 

     (a) Notify the district in which the pupil was previously

 

enrolled.

 

     (b) Notify both the pupil auditing staff of the intermediate

 

district in which the educating district is located and the pupil

 

auditing staff of the intermediate district in which the district

 

that previously enrolled the pupil is located. The pupil auditing

 

staff shall investigate a representative sample based on required


audit sample sizes in the pupil auditing manual and may deny the

 

pupil membership transfer.

 

     (c) Aggregate the districtwide changes and notify the

 

department for use in adjusting the state aid payment system.

 

     (3) The department shall do all of the following:

 

     (a) Adjust the membership calculation for each district or

 

intermediate district in which the pupil was previously counted in

 

membership or that previously received an adjustment in its

 

membership calculation under this section due to a change in the

 

pupil's enrollment and attendance so that the district's or

 

intermediate district's membership is prorated to allow the

 

district or intermediate district to receive for each school day,

 

as determined by the financial calendar furnished by the center, in

 

which the pupil was enrolled and in attendance in the district or

 

intermediate district an amount equal to 1/105 of a full-time

 

equated membership claimed in the fall pupil membership count. The

 

district or intermediate district shall receive a prorated

 

foundation allowance in an amount equal to the product of the

 

adjustment under this subdivision for the district or intermediate

 

district multiplied by the foundation allowance or per-pupil

 

payment as calculated under section 20 for the district or

 

intermediate district. The foundation allowance or per-pupil

 

payment shall be adjusted by the pupil's full-time equated status

 

as affected by the membership definition under section 6(4).

 

     (b) Adjust the membership calculation for the educating

 

district or intermediate district in which the pupil is enrolled

 

and is in attendance so that the district's or intermediate


district's membership is increased to allow the district or

 

intermediate district to receive an amount equal to the difference

 

between the full-time equated membership claimed in the fall pupil

 

membership count and the sum of the adjustments calculated under

 

subdivision (a) for each district or intermediate district in which

 

the pupil was previously enrolled and in attendance. The educating

 

district or intermediate district shall receive a prorated

 

foundation allowance in an amount equal to the product of the

 

adjustment under this subdivision for the educating district or

 

intermediate district multiplied by the foundation allowance or

 

per-pupil payment as calculated under section 20 for the educating

 

district or intermediate district. The foundation allowance or per-

 

pupil payment shall be adjusted by the pupil's full-time equated

 

status as affected by the membership definition under section 6(4).

 

     (4) The changes in calculation of state school aid required

 

under subsection (3) shall take effect as of the date that the

 

pupil becomes enrolled and in attendance in the educating district

 

or intermediate district, and the department shall base all

 

subsequent payments under this article for the fiscal year to the

 

affected districts or intermediate districts on this recalculation

 

of state school aid.

 

     (5) If a pupil enrolls in an educating district or

 

intermediate district as described in subsection (2), the district

 

or intermediate district in which the pupil is counted in

 

membership or another educating district or intermediate district

 

that received an adjustment in its membership calculation under

 

subsection (3), if any, and the educating district or intermediate


district shall provide to the center and the department all

 

information they require to comply with this section.

 

     (6) Not later than December 1, 2014, the center in conjunction

 

with the department shall report to the legislature data related to

 

the implementation of this section, including, but not limited to,

 

the number of transfer transactions and the net change in pupil

 

memberships in 2013-2014 by district and intermediate district.

 

     (6) (7) The portion of the full-time equated pupil membership

 

for which a pupil is enrolled in 1 or more online courses under

 

section 21f shall not be counted or transferred under the pupil

 

transfer process under this section.

 

     (7) The center shall determine the number of pupils who did

 

not reside in this state as of the 2015-2016 pupil membership count

 

day but who newly enrolled in a district or intermediate district

 

after that pupil membership count day and before the 2015-2016

 

supplemental count day. The center shall further determine the

 

number of pupils who were counted in membership for the 2015-2016

 

pupil membership count day but who left this state before the 2015-

 

2016 supplemental count day. The center shall provide a report to

 

the senate and house appropriations subcommittees on state school

 

aid, and to the senate and house fiscal agencies, detailing the

 

number of pupils transferring in from another state or transferring

 

out from this state between the pupil membership count day and

 

supplemental count day as described in this subsection. The center

 

shall include in the report a discussion of benefits and obstacles

 

to developing a pupil enrollment process for pupils who newly

 

enroll in a district or intermediate district after the pupil


membership count day and before the supplemental count day, and

 

developing a process for deducting pupils who were counted on the

 

pupil membership count day and transfer out of this state before

 

the supplemental count day.

 

     (8) As used in this section:

 

     (a) "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.

 

     (b) "Pupil" means that term as defined under section 6 and

 

also children receiving early childhood special education programs

 

and services.

 

     Sec. 25f. (1) From the state school aid fund money

 

appropriated in section 11, there is allocated an amount not to

 

exceed $2,000,000.00 for 2014-2015 $1,000,000.00 for 2015-2016 for

 

payments to strict discipline academies established under sections

 

1311b to 1311m of the revised school code, MCL 380.1311b to

 

380.1311m, as provided under this section. and for the purposes

 

described in subsection (5).

 

     (2) In order to receive funding under this section, a strict

 

discipline academy shall first comply with section 25e and use the

 

pupil transfer process under that section for changes in enrollment

 

as prescribed under that section.

 

     (3) Not later than June 30, 2015, a strict discipline academy

 

shall report to the center and to the department, in a manner


prescribed by the center and the department, the following

 

information for 2014-2015:

 

     (a) The number of pupils enrolled and in attendance at the

 

strict discipline academy.

 

     (b) The number of days each pupil enrolled was in attendance

 

at the strict discipline academy, not to exceed 180.

 

     (4) The amount of the payment to a strict discipline academy

 

under this section shall be an amount equal to the difference

 

between the product of 1/180 of the per-pupil payment as calculated

 

under section 20 for the strict discipline academy multiplied by

 

the number of days of pupil attendance reported under subsection

 

(3)(b) minus the product of the per-pupil payment as calculated

 

under section 20 for the strict discipline academy multiplied by

 

the pupils in membership at the strict discipline academy as

 

calculated under section 6 and as adjusted by section 25e.

 

     (5) If the operation of the special membership counting

 

provisions under section 6(4)(dd) and the other membership counting

 

provisions under section 6(4) result in a pupil being counted as

 

more than 1.0 FTE in a fiscal year, then the payment made for the

 

pupil under sections 22a and 22b shall not be based on more than

 

1.0 FTE for that pupil, and that portion of the FTE that exceeds

 

1.0 shall be paid under this section in an amount equal to that

 

portion multiplied by the educating district's foundation allowance

 

or per-pupil payment calculated under section 20.

 

     (3) The total amount allocated to a strict discipline academy

 

under this section is an amount equal to the lesser of the strict

 

discipline academy's added cost or the department's approved per-


pupil allocation for the strict discipline academy. However, the

 

sum of the amounts received by a strict discipline academy under

 

this section and under section 24 shall not exceed the product of

 

the strict discipline academy's per-pupil allocation calculated

 

under section 20 multiplied by the strict discipline academy's

 

full-time equated membership. The department shall allocate funds

 

to strict discipline academies under this section on a monthly

 

basis. For the purposes of this subsection:

 

     (a) "Added cost" means 100% of the added cost each fiscal year

 

for educating all pupils enrolled and in regular daily attendance

 

at a strict discipline academy. Added cost shall be computed by

 

deducting all other revenue received under this article for pupils

 

described in this subsection from total costs, as approved by the

 

department, in whole or in part, for educating those pupils in a

 

strict discipline academy. The department shall include all costs

 

including, but not limited to, educational costs, insurance,

 

management fees, technology costs, legal fees, auditing fees,

 

interest, pupil accounting costs, and any other administrative

 

costs necessary to operate the program or to comply with statutory

 

requirements. Costs reimbursed by federal funds are not included.

 

     (b) "Department's approved per-pupil allocation" for a strict

 

discipline academy shall be determined by dividing the total amount

 

allocated under this subsection for a fiscal year by the full-time

 

equated membership total for all pupils approved by the department

 

to be funded under this subsection for that fiscal year for the

 

strict discipline academy.

 

     (4) Special education pupils funded under section 53a shall


not be funded under this section.

 

     (5) (6) If the funds allocated under this section are

 

insufficient to fully fund the adjustments under subsections (4)

 

and (5), subsection (3), payments under this section shall be

 

prorated on an equal per-pupil basis.

 

     (6) (7) Payments to districts under this section shall be made

 

according to the payment schedule under section 17b.

 

     Sec. 25g. (1) From the state school aid fund money

 

appropriated in section 11, there is allocated an amount not to

 

exceed $1,000,000.00 for 2015-2016 for the purposes of this

 

section. If the operation of the special membership counting

 

provisions under section 6(4)(dd) and the other membership counting

 

provisions under section 6(4) result in a pupil being counted as

 

more than 1.0 FTE in a fiscal year, then the payment made for the

 

pupil under sections 22a and 22b shall not be based on more than

 

1.0 FTE for that pupil, and that portion of the FTE that exceeds

 

1.0 shall be paid under this section in an amount equal to that

 

portion multiplied by the educating district's foundation allowance

 

or per-pupil payment calculated under section 20.

 

     (2) Special education pupils funded under section 53a shall

 

not be funded under this section.

 

     (3) If the funds allocated under this section are insufficient

 

to fully fund the adjustments under subsection (1), payments under

 

this section shall be prorated on an equal per-pupil basis.

 

     (4) Payments to districts under this section shall be made

 

according to the payment schedule under section 17b.

 

     Sec. 26a. From the funds appropriated in section 11, there is


allocated an amount not to exceed $26,300,000.00 for 2014-2015

 

2015-2016 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 2014. 2015. 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 2014-2015 2015-2016 an amount not to exceed

 

$4,210,000.00 $4,276,800.00 for payments to districts, intermediate

 

districts, and community college districts for the portion of the

 

payment in lieu of taxes obligation that is attributable to

 

districts, intermediate districts, and community college districts

 

pursuant to section 2154 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.2154.

 

     (2) If the amount appropriated under this section is not

 

sufficient to fully pay obligations under this section, payments

 

shall be prorated on an equal basis among all eligible districts,

 

intermediate districts, and community college districts.

 

     Sec. 26c. (1) From the appropriation in section 11, there is

 

allocated an amount not to exceed $293,100.00 for 2014-2015

 

$610,000.00 for 2015-2016 to the promise zone fund created in

 

subsection (3).

 

     (2) Funds allocated to the promise zone fund under this

 

section shall be used solely for payments to eligible districts and


intermediate districts that have a promise zone development plan

 

approved by the department of treasury under section 7 of the

 

Michigan promise zone authority act, 2008 PA 549, MCL 390.1667.

 

     (3) The promise zone fund is created as a separate account

 

within the state school aid fund to be used solely for the purposes

 

of the Michigan promise zone authority act, 2008 PA 549, MCL

 

390.1661 to 390.1679. All of the following apply to the promise

 

zone fund:

 

     (a) The state treasurer shall direct the investment of the

 

promise zone fund. The state treasurer shall credit to the promise

 

zone fund interest and earnings from fund investments.

 

     (b) Money in the promise zone fund at the close of a fiscal

 

year shall remain in the promise zone fund and shall not lapse to

 

the general fund.

 

     (4) Subject to subsection (2), the state treasurer may make

 

payments from the promise zone fund to eligible districts and

 

intermediate districts pursuant to the Michigan promise zone

 

authority act, 2008 PA 549, MCL 390.1661 to 390.1679, to be used

 

for the purposes of a promise zone authority created under that

 

act.

 

     Sec. 31a. (1) From the state school aid fund money

 

appropriated in section 11, there is allocated for 2014-2015 2015-

 

2016 an amount not to exceed $317,695,500.00 $389,695,500.00 for

 

payments to eligible districts, eligible public school academies,

 

and the education achievement system for the purposes of ensuring

 

that pupils are proficient in reading by the end of grade 3 and

 

that high school graduates are career and college ready and for the


purposes under subsections (6) and (7).(7) and (8).

 

     (2) For a district or public school academy, or the education

 

achievement system, to be eligible to receive funding under this

 

section, other than funding under subsection (6) or (7), (7) or

 

(8), 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, must be less than or equal to the basic

 

foundation allowance under section 20 for the current state fiscal

 

year.

 

     (3) For a district or public school academy that operates

 

grades K to 3, or the education achievement system, to be eligible

 

to receive funding under this section, other than funding under

 

subsection (7) or (8), the district or public school academy, or

 

the education achievement system, must implement, for at least

 

grades K to 3, a multi-tiered system of supports that is an

 

evidence-based model that uses data-driven problem solving to

 

integrate academic and behavioral instruction and that uses

 

intervention delivered to all pupils in varying intensities based

 

on pupil needs. This multi-tiered system of supports must provide

 

at least all of the following essential elements:

 

     (a) Implements effective instruction for all learners.

 

     (b) Intervenes early.

 

     (c) Provides a multi-tiered model of instruction and

 

intervention that provides the following:

 

     (i) A core curriculum and classroom interventions available to

 

all pupils that meet the needs of most pupils.


     (ii) Targeted group interventions.

 

     (iii) Intense individual interventions.

 

     (d) Monitors pupil progress to inform instruction.

 

     (e) Uses data to make instructional decisions.

 

     (f) Uses assessments including universal screening,

 

diagnostics, and progress monitoring.

 

     (g) Engages families and the community.

 

     (h) Implements evidence-based, scientifically validated,

 

instruction and intervention.

 

     (i) Implements instruction and intervention practices with

 

fidelity.

 

     (j) Uses a collaborative problem-solving model.

 

     (4) (3) Except as otherwise provided in this subsection, an

 

eligible district or eligible public school academy or the

 

education achievement system shall receive under this section for

 

each membership pupil in the district or public school academy or

 

the education achievement system who met the income eligibility

 

criteria for free breakfast, lunch, or milk, as determined under

 

the Richard B. Russell national school lunch act, 42 USC 1751 to

 

1769, and as reported to the department in the form and manner

 

prescribed by the department not later than the fifth Wednesday

 

after the pupil membership count day of the immediately preceding

 

fiscal year and adjusted not later than December 31 of the

 

immediately preceding fiscal year, an amount per pupil equal to

 

11.5% of the sum of the district's foundation allowance or the

 

public school academy's or the education achievement system's per

 

pupil amount calculated under section 20, not to exceed the basic


foundation allowance under section 20 for the current state fiscal

 

year, or of the public school academy's or the education

 

achievement system's per membership pupil amount calculated under

 

section 20 for the current state fiscal year. However, a public

 

school academy that began operations as a public school academy, or

 

an achievement school that began operations as an achievement

 

school, after the pupil membership count day of the immediately

 

preceding school year shall receive under this section for each

 

membership pupil in the public school academy or in the education

 

achievement system who met the income eligibility criteria for free

 

breakfast, lunch, or milk, as determined under the Richard B.

 

Russell national school lunch act and as reported to the department

 

not later than the fifth Wednesday after the pupil membership count

 

day of the current fiscal year and adjusted not later than December

 

31 of the current fiscal year, an amount per pupil equal to 11.5%

 

of the public school academy's or the education achievement

 

system's per membership pupil amount calculated under section 20

 

for the current state fiscal year.

 

     (5) (4) Except as otherwise provided in this section, a

 

district or public school academy, or the education achievement

 

system, receiving funding under this section shall use that money

 

only to provide instructional programs and direct noninstructional

 

services, including, but not limited to, medical, mental health, or

 

counseling services, for at-risk pupils; for school health clinics;

 

and for the purposes of subsection (5), (6), (7), or (10). (6),

 

(7), (8), or (11). 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 (3), (4), 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.

 

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.

 

     (6) (5) 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.

 

     (7) (6) From the funds allocated under subsection (1), there

 

is allocated for 2014-2015 2015-2016 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 and human services. 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) (12) for that fiscal year. In addition to the funds

 

otherwise allocated under this subsection, from the money allocated

 

in subsection (1), there is allocated an amount not to exceed

 

$2,000,000.00 for 2015-2016 only for child and adolescent health

 

centers to increase access to nurses and behavioral health services

 

in schools, using 3 existing school clinics as hubs for services

 

and using mobile teams to serve satellite school sites.

 

     (8) (7) From the funds allocated under subsection (1), there

 

is allocated for 2014-2015 2015-2016 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 and human services. Notwithstanding section 17b, payments to

 

eligible entities under this subsection shall be paid on a schedule

 

determined by the department.

 

     (9) (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 a brief description of

 

each program conducted or services performed by the district or

 

public school academy or the education achievement system using

 

funds under this section, the amount of funds under this section

 

allocated to each of those programs or services, the total number

 

of at-risk pupils served by each of those programs or services, and

 

the data necessary for the department and the department of human

 

services to verify matching funds for the temporary assistance for

 

needy families program. If a district or public school academy or

 

the education achievement system does not comply with this

 

subsection, the department shall withhold an amount equal to the

 

August payment due under this section until the district or public

 

school academy or the education achievement system complies with


this subsection. If the district or public school academy or the

 

education achievement system does not comply with this subsection

 

by the end of the state fiscal year, the withheld funds shall be

 

forfeited to the school aid fund.

 

     (10) (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.

 

     (11) (10) Subject to subsections (5), (6), and (7), (6), (7),

 

and (8), a district may use up to 100% of the funds it receives

 

under this section to implement schoolwide reform in schools with

 

40% or more of their pupils identified as at-risk pupils by

 

providing supplemental instructional or noninstructional services

 

consistent with the school improvement plan.

 

     (12) (11) If necessary, and before any proration required

 

under section 296, the department shall prorate payments under this

 

section by reducing the amount of the per pupil payment under this

 

section by a dollar amount calculated by determining the amount by

 

which the amount necessary to fully fund the requirements of this

 

section exceeds the maximum amount allocated under this section and

 

then dividing that amount by the total statewide number of pupils

 

who met the income eligibility criteria for free breakfast, lunch,

 

or milk in the immediately preceding fiscal year, as described in

 

subsection (3).(4).


     (13) (12) If a district is formed by consolidation after June

 

1, 1995, and if 1 or more of the original districts was were 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. In addition, if a district is dissolved

 

pursuant to section 12 of the revised school code, MCL 380.12, the

 

intermediate district to which the dissolved school district was

 

constituent shall determine the estimated number of pupils that

 

meet the income eligibility criteria for free breakfast, lunch, or

 

milk, as described under subsection (3), (4), enrolled in each of

 

the other districts within the intermediate district and provide

 

that estimate to the department for the purposes of distributing

 

funds under this section within 60 days after the school district

 

is declared dissolved.

 

     (14) (13) As used in this section, "at-risk pupil" means a

 

pupil for whom the district has documentation that the pupil meets

 

any of the following criteria:

 

     (a) Is a victim of child abuse or neglect.

 

     (b) Is a pregnant teenager or teenage parent.

 

     (c) Has a family history of school failure, incarceration, or

 

substance abuse.

 

     (d) For pupils for whom the results of the Michigan merit

 

examination state summative assessment have been received, is a


pupil who does not meet the other criteria under this subsection

 

but who did not achieve proficiency on the reading, writing,

 

English language arts, mathematics, science, or social studies

 

components of the most recent Michigan merit examination for which

 

results for the pupil have been received. content area assessment.

 

     (e) For pupils in grades K-3, is Is a pupil who is at risk of

 

not meeting the district's core academic curricular objectives in

 

English language arts or mathematics, as demonstrated on local

 

assessments.

 

     (f) The pupil is enrolled in a priority or priority-successor

 

school, as defined in the elementary and secondary education act of

 

2001 flexibility waiver approved by the United States department of

 

education.Department of Education.

 

     (g) The pupil did not achieve a score of at least proficient

 

on 2 or more state-administered assessments for English language

 

arts, mathematics, science, or social studies.

 

     (h) For high school pupils in grades not assessed by the

 

state, the pupil did not receive a satisfactory score on 2 or more

 

end-of-course examinations that are aligned with state standards in

 

English language arts, mathematics, science, or social studies. For

 

middle school pupils in grades not assessed by the state, the pupil

 

did not receive a satisfactory score on 2 or more end-of-semester

 

or end-of-trimester examinations that are aligned with state

 

standards in science or social studies. For pupils in the

 

elementary grades in grades and subjects not assessed by the state,

 

the pupil did not receive a satisfactory score or did not have a

 

satisfactory outcome on 2 or more interim assessments in English


language arts, mathematics, science, or social studies.

 

     (g) (i) In the absence of state or local assessment data, the

 

pupil meets at least 2 of the following criteria, as documented in

 

a form and manner approved by the department:

 

     (i) The pupil is eligible for free or reduced price breakfast,

 

lunch, or milk.

 

     (ii) The pupil is absent more than 10% of enrolled days or 10

 

school days during the school year.

 

     (iii) The pupil is homeless.

 

     (iv) The pupil is a migrant.

 

     (v) The pupil is an English language learner.

 

     (vi) The pupil is an immigrant who has immigrated within the

 

immediately preceding 3 years.

 

     (vii) The pupil did not complete high school in 4 years and is

 

still continuing in school as identified in the Michigan cohort

 

graduation and dropout report.

 

     (15) (14) Beginning in 2014-2015, if If a district, public

 

school academy, or the education achievement system does not

 

demonstrate to the satisfaction of the department that at least 50%

 

of at-risk pupils are reading at grade level by the end of grade 3

 

as measured by the state assessment and demonstrate to the

 

satisfaction of the department improvement over 3 consecutive years

 

in the percentage of at-risk pupils that are career- and college-

 

ready as measured by the pupil's score on each of the individual

 

subject areas on the college entrance examination portion of the

 

Michigan merit examination determined by proficiency on the English

 

language arts, mathematics, and science content area assessments on


the grade 11 summative assessment under section 1279g(2)(a) of the

 

revised school code, MCL 380.1279g, the district, public school

 

academy, or education achievement system shall ensure all of the

 

following:

 

     (a) The district, public school academy, or the education

 

achievement system shall determine the proportion of total at-risk

 

pupils that represents the number of pupils in grade 3 that are not

 

reading at grade level by the end of grade 3, and the district,

 

public school academy, or the education achievement system shall

 

expend that same proportion multiplied by 1/2 of its total at-risk

 

funds under this section on tutoring and other methods of improving

 

grade 3 reading levels.

 

     (b) The district, public school academy, or the education

 

achievement system shall determine the proportion of total at-risk

 

pupils that represent the number of pupils in grade 11 that are not

 

career- and college-ready as measured by the student's score on

 

each of the individual subject areas on the college entrance

 

examination portion of the Michigan merit examination the English

 

language arts, mathematics, and science content area assessments on

 

the grade 11 summative assessment under section 1279g(2)(a) of the

 

revised school code, MCL 380.1279g, and the district, public school

 

academy, or the education achievement system shall expend that same

 

proportion multiplied by 1/2 of its total at-risk funds under this

 

section on tutoring and other activities to improve scores on the

 

college entrance examination portion of the Michigan merit

 

examination.

 

     (16) (15) As used in subsection (14), (15), "total at risk


pupils" means the sum of the number of pupils in grade 3 that are

 

not reading at grade level by the end of third grade as measured on

 

the state assessment and the number of pupils in grade 11 that are

 

not career- and college-ready as measured by the student's score on

 

each of the individual subject areas on the college entrance

 

examination portion of the Michigan merit examination the English

 

language arts, mathematics, and science content area assessments on

 

the grade 11 summative assessment under section 1279g(2)(a) of the

 

revised school code, MCL 380.1279g.

 

     (17) (16) 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.

 

     (18) The department shall collaborate with the department of

 

health and human services to prioritize assigning Pathways to

 

Potential Success coaches to elementary schools that have a high

 

percentage of pupils in grades K to 3 who are not reading at grade

 

level.

 

     Sec. 31c. (1) from the funds appropriated in section 11, there

 

is allocated an amount not to exceed $1,000,000.00 for 2015-2016

 

for programs intended to improve public safety, reduce the number

 

of youth involved in gang-related activity, and increase high

 

school graduation rates.

 

     (2) The department shall award grants to districts that form

 

partnerships with nonprofit organizations, law enforcement, and

 

other community resources to provide programs that divert young

 

adults from gang-related criminal activity.


     (3) Grants awarded under this section may include, but are not

 

limited to, grants for any of the following activities:

 

     (a) Employment training and placement programs.

 

     (b) Counseling services.

 

     (c) Assistance to program participants in accessing community

 

resources for continuing education, court advocacy, and health

 

care.

 

     (d) Outreach programs to educate participants and their

 

families.

 

     (4) Each grant recipient under this section shall partner with

 

a university to collect data necessary to evaluate the

 

effectiveness of programs in reducing violent crime and gang-

 

related activity in the community.

 

     Sec. 31d. (1) From the appropriations in section 11, there is

 

allocated an amount not to exceed $22,495,100.00 for 2014-2015

 

2015-2016 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 2014-2015 2015-2016 all available federal funding,

 

estimated at $510,000,000.00 for the national school lunch program

 

and all available federal funding, estimated at $3,200,000.00 for

 

the emergency food assistance program.

 

     (6) Notwithstanding section 17b, payments to eligible entities

 

other than districts under this section shall be paid on a schedule

 

determined by the department.

 

     (7) In purchasing food for a school lunch program funded under

 

this section, preference shall be given to food that is grown or

 

produced by Michigan businesses if it is competitively priced and

 

of comparable quality.

 

     Sec. 31f. (1) From the appropriations in section 11, there is

 

allocated an amount not to exceed $5,625,000.00 for 2014-2015 2015-

 

2016 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. 31h. From the funds appropriated in section 11, there is

 

allocated an amount not to exceed $300,000.00 for 2015-2016 for the

 

purpose of providing funding to a district that educates high

 

school pupils from another district that voluntarily closed its

 

high school program in 2013. The funding under this section is

 

intended to be for the first of 2 years, unless it is determined

 

that the federal elementary and secondary education act allows


federal title I funds that previously supported the high school

 

pupils in their resident district to instead be provided to the

 

educating district. Funding under this section shall be used to

 

support the additional costs of educating high school pupils in a

 

manner that is similar to the way title I funds provided additional

 

support to the education of those pupils when they were educated in

 

their resident district high school program before its closure in

 

2013.

 

     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 $214,275,000.00 for 2014-2015. In addition, from the

 

funds appropriated in section 11, there is allocated to the great

 

start readiness reserve fund created under subsection (19) an

 

amount not to exceed $25,000,000.00 for 2014-2015. $239,275,000.00

 

for 2015-2016. Funds allocated under this section for great start

 

readiness programs shall be used to provide part-day, school-day,

 

or GSRP/head start blended comprehensive free compensatory

 

classroom programs designed to improve the readiness and subsequent

 

achievement of educationally disadvantaged children who meet the

 

participant eligibility and prioritization guidelines as defined by

 

the department. For a child to be eligible to participate in a

 

program under this section, the child shall be at least 4, but less

 

than 5, years of age as of the date specified for determining a

 

child's eligibility to attend school under section 1147 of the

 

revised school code, MCL 380.1147.

 

     (2) Funds allocated under subsection (1) shall be allocated to


intermediate districts or consortia of intermediate districts based

 

on the formula in section 39. An intermediate district or

 

consortium of intermediate districts receiving funding under this

 

section shall act as the fiduciary for the great start readiness

 

programs. In order to be eligible to receive funds allocated under

 

this subsection from an intermediate district or consortium of

 

intermediate districts, a district, a consortium of districts, or a

 

public or private for-profit or nonprofit legal entity or agency

 

shall comply with this section and section 39.

 

     (3) In addition to the allocation under subsection (1), from

 

the general fund money appropriated under section 11, there is

 

allocated an amount not to exceed $300,000.00 for 2014-2015 2015-

 

2016 for a competitive grant to continue a longitudinal evaluation

 

of children who have participated in great start readiness

 

programs.

 

     (4) To be eligible for funding under this section, a program

 

shall prepare children for success in school through comprehensive

 

part-day, school-day, or GSRP/head start blended programs that

 

contain all of the following program components, as determined by

 

the department:

 

     (a) Participation in a collaborative recruitment and

 

enrollment process to assure that each child is enrolled in the

 

program most appropriate to his or her needs and to maximize the

 

use of federal, state, and local funds.

 

     (b) An age-appropriate educational curriculum that is in

 

compliance with the early childhood standards of quality for

 

prekindergarten children adopted by the state board.


     (c) Nutritional services for all program participants

 

supported by federal, state, and local resources as applicable.

 

     (d) Physical and dental health and developmental screening

 

services for all program participants.

 

     (e) Referral services for families of program participants to

 

community social service agencies, including mental health

 

services, as appropriate.

 

     (f) Active and continuous involvement of the parents or

 

guardians of the program participants.

 

     (g) A plan to conduct and report annual great start readiness

 

program evaluations and continuous improvement plans using criteria

 

approved by the department.

 

     (h) Participation in a school readiness advisory committee

 

convened as a workgroup of the great start collaborative that

 

provides for the involvement of classroom teachers, parents or

 

guardians of program participants, and community, volunteer, and

 

social service agencies and organizations, as appropriate. The

 

advisory committee annually shall review and make recommendations

 

regarding the program components listed in this subsection. The

 

advisory committee also shall make recommendations to the great

 

start collaborative regarding other community services designed to

 

improve all children's school readiness.

 

     (i) The ongoing articulation of the kindergarten and first

 

grade programs offered by the program provider.

 

     (j) Participation in this state's great start to quality

 

process with a rating of at least 3 stars.

 

     (5) An application for funding under this section shall


provide for the following, in a form and manner determined by the

 

department:

 

     (a) Ensure compliance with all program components described in

 

subsection (4).

 

     (b) Except as otherwise provided in this subdivision, ensure

 

that at least 90% of the children participating in an eligible

 

great start readiness program for whom the intermediate district is

 

receiving funds under this section are children who live with

 

families with a household income that is equal to or less than 250%

 

of the federal poverty level. If the intermediate district

 

determines that all eligible children are being served and that

 

there are no children on the waiting list under section 39(1)(d)

 

who live with families with a household income that is equal to or

 

less than 250% of the federal poverty level, the intermediate

 

district may then enroll children who live with families with a

 

household income that is equal to or less than 300% of the federal

 

poverty level. The enrollment process shall consider income and

 

risk factors, such that children determined with higher need are

 

enrolled before children with lesser need. For purposes of this

 

subdivision, all age-eligible children served in foster care or who

 

are experiencing homelessness or who have individualized education

 

plans recommending placement in an inclusive preschool setting

 

shall be considered to live with families with household income

 

equal to or less than 250% of the federal poverty level regardless

 

of actual family income.

 

     (c) Ensure that the applicant only uses qualified personnel

 

for this program, as follows:


     (i) Teachers possessing proper training. A lead teacher must

 

have a valid teaching certificate with an early childhood (ZA or

 

ZS) endorsement or a bachelor's degree in child development or

 

early 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 preschool program that has the capacity to

 

serve those children.

 

     (6) For a grant recipient that enrolls pupils in a school-day

 

program funded under this section, each child enrolled in the

 

school-day program shall be counted as 2 children served by the

 

program for purposes of determining the number of children to be

 

served and for determining the amount of the grant award. A grant

 

award shall not be increased solely on the basis of providing a

 

school-day program.

 

     (7) For a grant recipient that enrolls pupils in a GSRP/head

 

start blended program, the grant recipient shall ensure that all

 

head start and GSRP policies and regulations are applied to the

 

blended slots, with adherence to the highest standard from either

 

program, to the extent allowable under federal law.

 

     (8) An intermediate district or consortium of intermediate

 

districts receiving a grant under this section shall designate an


early childhood coordinator, and may provide services directly or

 

may contract with 1 or more districts or public or private for-

 

profit or nonprofit providers that meet all requirements of

 

subsection (4).

 

     (9) Funds received under this section may be retained for

 

administrative services as follows:

 

     (a) For the portion of the total grant amount for which

 

services are provided directly by an intermediate district or

 

consortium of intermediate districts, the intermediate district or

 

consortium of intermediate districts may retain an amount equal to

 

not more than 7% of that portion of the grant amount.

 

     (b) For the portion of the total grant amount for which

 

services are contracted, the intermediate district or consortium of

 

intermediate districts receiving the grant may retain an amount

 

equal to not more than 2% 4% of that portion of the grant amount

 

and the subrecipients engaged by the intermediate district to

 

provide program services may retain for administrative services an

 

amount equal to not more than 5% 4% of that portion of the grant

 

amount.

 

     (10) An intermediate district or consortium of intermediate

 

districts may expend not more than 2% of the total grant amount for

 

outreach, recruiting, and public awareness of the program.

 

     (11) Each grant recipient shall enroll children identified

 

under subsection (5)(b) according to how far the child's household

 

income is below 250% of the federal poverty level by ranking each

 

applicant child's household income from lowest to highest and

 

dividing the applicant children into quintiles based on how far the


child's household income is below 250% of the federal poverty

 

level, and then enrolling children in the quintile with the lowest

 

household income before enrolling children in the quintile with the

 

next lowest household income until slots are completely filled. If

 

the grant recipient determines that all eligible children are being

 

served and that there are no children on the waiting list under

 

section 39(1)(d) who live with families with a household income

 

that is equal to or less than 250% of the federal poverty level,

 

the grant recipient may then enroll children who live with families

 

with a household income that is equal to or less than 300% of the

 

federal poverty level. The enrollment process shall consider income

 

and risk factors, such that children determined with higher need

 

are enrolled before children with lesser need. For purposes of this

 

subdivision, all age-eligible children served in foster care or who

 

are experiencing homelessness or who have individualized education

 

plans recommending placement in an inclusive preschool setting

 

shall be considered to live with families with household income

 

equal to or less than 250% of the federal poverty level regardless

 

of actual family income.

 

     (12) An intermediate district or consortium of intermediate

 

districts receiving a grant under this section shall allow parents

 

of eligible children who are residents of the intermediate district

 

or within the consortium to choose a program operated by or

 

contracted with another intermediate district or consortium of

 

intermediate districts and shall pay to the educating intermediate

 

district or consortium the per-child amount attributable to each

 

child enrolled pursuant to this sentence, as determined under


section 39.

 

     (13) An intermediate district or consortium of intermediate

 

districts receiving a grant under this section shall conduct a

 

local process to contract with interested and eligible public and

 

private for-profit and nonprofit community-based providers that

 

meet all requirements of subsection (4) for at least 30% of its

 

total slot allocation. The intermediate district or consortium

 

shall report to the department, in a manner prescribed by the

 

department, a detailed list of community-based providers by

 

provider type, including private for-profit, private nonprofit,

 

community college or university, head start grantee or delegate,

 

and district or intermediate district, and the number and

 

proportion of its total slot allocation allocated to each provider

 

as subrecipient. If the intermediate district or consortium is not

 

able to contract for at least 30% of its total slot allocation, the

 

grant recipient shall notify the department and, if the department

 

verifies that the intermediate district or consortium attempted to

 

contract for at least 30% of its total slot allocation and was not

 

able to do so, then the intermediate district or consortium may

 

retain and use all of its allocated slots as provided under this

 

section. To be able to use this exemption, the intermediate

 

district or consortium shall demonstrate to the department that the

 

intermediate district or consortium increased the percentage of its

 

total slot allocation for which it contracts with a community-based

 

provider and the intermediate district or consortium shall submit

 

evidence satisfactory to the department, and the department must be

 

able to verify this evidence, demonstrating that the intermediate


district or consortium took measures to contract for at least 30%

 

of its total slot allocation as required under this subsection,

 

including, but not limited to, at least all of the following

 

measures:

 

     (a) The intermediate district or consortium notified each

 

licensed child care center located in the service area of the

 

intermediate district or consortium at least twice regarding the

 

center's eligibility to participate. One of these notifications may

 

be made electronically, but at least 1 of these notifications shall

 

be made via hard copy through the United States mail. At least 1 of

 

these notifications shall be made within 7 days after the

 

intermediate district or consortium receives notice from the

 

department of its slot allocations.

 

     (b) The intermediate district or consortium provided to each

 

licensed child care center located in the service area of the

 

intermediate district or consortium information regarding great

 

start readiness program requirements and a description of the

 

application and selection process for community-based providers.

 

     (c) The intermediate district or consortium provided to the

 

public and to participating families a list of community-based

 

great start readiness program subrecipients with a great start to

 

quality rating of at least 3 stars.

 

     (14) If an intermediate district or consortium of intermediate

 

districts receiving a grant under this section fails to submit

 

satisfactory evidence to demonstrate its effort to contract for at

 

least 30% of its total slot allocation, as required under

 

subsection (1), the department shall reduce the slots allocated to


the intermediate district or consortium by a percentage equal to

 

the difference between the percentage of an intermediate district's

 

or consortium's total slot allocation awarded to community-based

 

providers and 30% of its total slot allocation.

 

     (15) In order to assist intermediate districts and consortia

 

in complying with the requirement to contract with community-based

 

providers for at least 30% of their total slot allocation, the

 

department shall do all of the following:

 

     (a) Ensure that a great start resource center or the

 

department provides each intermediate district or consortium

 

receiving a grant under this section with the contact information

 

for each licensed child care center located in the service area of

 

the intermediate district or consortium by March 1 of each year.

 

     (b) Provide, or ensure that an organization with which the

 

department contracts provides, a community-based provider with a

 

validated great start to quality rating within 90 days of the

 

provider's having submitted a request and self-assessment.

 

     (c) Ensure that all intermediate district, district, community

 

college or university, head start grantee or delegate, private for-

 

profit, and private nonprofit providers are subject to a single

 

great start to quality rating system. The rating system shall

 

ensure that regulators process all prospective providers at the

 

same pace on a first-come, first-served basis and shall not allow 1

 

type of provider to receive a great start to quality rating ahead

 

of any other type of provider.

 

     (d) Not later than November 1 of each year, compile the

 

results of the information reported by each intermediate district


or consortium under subsection (10) and report to the legislature a

 

list by intermediate district or consortium with the number and

 

percentage of each intermediate district's or consortium's total

 

slot allocation allocated to community-based providers by provider

 

type, including private for-profit, private nonprofit, community

 

college or university, head start grantee or delegate, and district

 

or intermediate district.

 

     (16) A recipient of funds under this section shall report to

 

the department in a form and manner prescribed by the department

 

the number of children participating in the program who meet the

 

income eligibility criteria under subsection (5)(b) and the total

 

number of children participating in the program. For children

 

participating in the program who meet the income eligibility

 

criteria specified under subsection (5)(b), a recipient shall also

 

report whether or not a parent is available to provide care based

 

on employment status. For the purposes of this subsection,

 

"employment status" shall be defined by the department of human

 

services in a manner consistent with maximizing the amount of

 

spending that may be claimed for temporary assistance for needy

 

families maintenance of effort purposes.

 

     (17) 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.

 

     (18) An intermediate district or consortium of intermediate

 

districts receiving funds under this section shall establish a

 

sliding scale of tuition rates based upon household income for

 

children participating in an eligible great start readiness program

 

who live with families with a household income that is more than

 

250% of the federal poverty level to be used by all of its

 

providers, as approved by the department. A grant recipient shall

 

charge tuition according to that sliding scale of tuition rates on

 

a uniform basis for any child who does not meet the income

 

eligibility requirements under this section.

 

     (19) The great start readiness reserve fund is created as a

 

separate account within the state school aid fund established by

 

section 11 of article IX of the state constitution of 1963. Money

 

available in the great start readiness reserve fund may not be

 

expended for 2014-2015 unless transferred by the legislature not

 

later than December 15, 2014 to the allocation under subsection (1)

 

for great start readiness programs. Money in the great start

 

readiness reserve fund shall be expended only for purposes for

 

which state school aid fund money may be expended. The state

 

treasurer shall direct the investment of the great start readiness

 

reserve fund. The state treasurer shall credit to the great start


readiness reserve fund interest and earnings from fund investments.

 

Money in the great start readiness reserve fund at the close of a

 

fiscal year shall remain in the great start readiness reserve fund

 

and shall not lapse to the unreserved school aid fund balance or

 

the general fund.

 

     (19) (20) From the amount appropriated in subsection (1),

 

there is allocated an amount not to exceed $10,000,000.00 for

 

reimbursement of transportation costs for children attending great

 

start readiness programs funded under this section. To receive

 

reimbursement under this subsection, not later than November 1,

 

2014, 2015, a program funded under this section that provides

 

transportation shall submit to the intermediate district that is

 

the fiscal agent for the program a projected transportation budget.

 

The amount of the reimbursement for transportation under this

 

subsection shall be the lesser of no more than the projected

 

transportation budget or $150.00 multiplied by the number of slots

 

funded for the program under this section. If the amount allocated

 

under this subsection is insufficient to fully reimburse the

 

transportation costs for all programs that provide transportation

 

and submit the required information, the reimbursement shall be

 

prorated in an equal amount per slot funded. Payments shall be made

 

to the intermediate district that is the fiscal agent for each

 

program, and the intermediate district shall then reimburse the

 

program provider for transportation costs as prescribed under this

 

subsection.

 

     Sec. 32p. (1) From the school aid fund appropriation in

 

section 11, there is allocated an amount not to exceed


$10,900,000.00 $13,400,000.00 to intermediate districts for 2014-

 

2015 2015-2016 for the purpose of providing early childhood funding

 

to intermediate school districts in block grants, supporting to

 

support the activities under subsection (2) and subsection (4), and

 

providing to provide early childhood programs for children from

 

birth through age 8. The funding provided to each intermediate

 

district under this section shall be determined by the distribution

 

formula established by the department's office of great start to

 

provide equitable funding statewide. In order to receive funding

 

under this section, each intermediate district shall provide an

 

application to the office of great start not later than September

 

15 of the immediately preceding fiscal year indicating the

 

activities planned to be provided.

 

     (2) Each intermediate district or consortium of intermediate

 

districts that receives funding under this section shall convene a

 

local great start collaborative and a parent coalition. The goal of

 

each great start collaborative and parent coalition shall be to

 

ensure the coordination and expansion of local early childhood

 

infrastructure and programs that allow every child in the community

 

to achieve the following outcomes:

 

     (a) Children born healthy.

 

     (b) Children healthy, thriving, and developmentally on track

 

from birth to third grade.

 

     (c) Children developmentally ready to succeed in school at the

 

time of school entry.

 

     (d) Children prepared to succeed in fourth grade and beyond by

 

reading proficiently by the end of third grade.


     (3) Each local great start collaborative and parent coalition

 

shall convene workgroups to make recommendations about community

 

services designed to achieve the outcomes described in subsection

 

(2) and to ensure that its local great start system includes the

 

following supports for children from birth through age 8:

 

     (a) Physical health.

 

     (b) Social-emotional health.

 

     (c) Family supports and basic needs.

 

     (d) Parent education. and child advocacy.

 

     (e) Early education and care.

 

     (4) From the funds allocated in subsection (1), at least

 

$2,500,000.00 shall be used for the purpose of providing home

 

visits to at-risk children and their families. The home visits

 

shall be conducted as part of a locally coordinated, family-

 

centered, evidence-based, data-driven home visit strategic plan

 

that is approved by the department. The goals of the home visits

 

funded under this subsection shall be to improve school readiness,

 

reduce the number of pupils retained in grade level, and reduce the

 

number of pupils requiring special education services. The

 

department shall coordinate the goals of the home visit strategic

 

plans approved under this subsection with other state agency home

 

visit programs in a way that strengthens Michigan's home visiting

 

infrastructure and maximizes federal funds available for the

 

purposes of at-risk family home visits.

 

     (5) (4) Not later than December 1 of each year, each

 

intermediate district shall provide a report to the department

 

detailing the activities actually provided during the immediately


preceding school year and the families and children actually

 

served. At a minimum, the report shall include an evaluation of the

 

services provided with additional funding under subsection (4) for

 

home visits, using the goals identified in subsection (4) as the

 

basis for the evaluation, including the degree to which school

 

readiness was improved, any change in the number of pupils retained

 

at grade level, and any change in the number of pupils receiving

 

special education services. 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 not later than February 15 of each year.

 

     (6) (5) An intermediate district or consortium of intermediate

 

districts that receives funding under this section may carry over

 

any unexpended funds received under this section into the next

 

fiscal year and may expend those unused funds through June 30 of

 

the next fiscal year. A recipient of a grant shall return any

 

unexpended grant funds to the department in the manner prescribed

 

by the department not later than September 30 of the next fiscal

 

year after the fiscal year in which the funds are received.

 

     Sec. 35. (1) The funds allocated under section 35a shall be

 

used for programs to ensure children are reading at grade level by

 

the end of grade 3. The superintendent shall designate staff or

 

contracted employees funded under section 35a as critical shortage.

 

Programs funded under section 35a are intended to ensure that this

 

state will be in the top 10 most improved states in grade 4 reading

 

proficiency by the 2019 National Assessment of Educational Progress

 

(NAEP) and will be in the top 10 states overall in grade 4 reading


proficiency by 2025.

 

     (2) From the general fund appropriation in section 11, there

 

is allocated to the department an amount not to exceed

 

$1,000,000.00 for 2015-2016 for implementation costs associated

 

with programs funded under section 35a.

 

     (3) From the amount allocated under subsection (2), there is

 

allocated an amount not to exceed $100,000.00 for the purpose of

 

performing an evaluation of the pilot programs under section 35a(2)

 

in a manner approved by the department. The evaluation report shall

 

include at least all of the following:

 

     (a) A description of the components of the pilot programs that

 

were effective in helping parents prepare their children for

 

success in school.

 

     (b) A description of any barriers that parents and their

 

children encountered that prevented them from participating in the

 

pilot programs.

 

     (c) An assessment of whether these pilot programs should be

 

expanded to other locations in the state.

 

     Sec. 35a. (1) From the appropriations in section 11, there is

 

allocated for 2015-2016 for the purposes of this section an amount

 

not to exceed $23,900,000.00 from the state school aid fund

 

appropriation and an amount not to exceed $1,500,000.00 from the

 

general fund appropriation.

 

     (2) From the allocations under subsection (1), there is

 

allocated an amount not to exceed $1,000,000.00 for 2015-2016 for

 

the purpose of conducting parent education pilot programs for

 

parents of children less than 4 years of age so that children are


developmentally ready to succeed in school at the time of school

 

entry. All of the following apply to programs funded under this

 

subsection:

 

     (a) The department shall develop a competitive application

 

process and method of grant distribution consistent with the

 

provisions of this subsection. The amount of a grant award to a

 

pilot program shall be an amount equal to the number of children

 

residing in the district or consortium of districts operating the

 

program who are younger than 4 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,

 

multiplied by $120.00 per child or $130,000.00, whichever is less.

 

The department shall ensure that grants are awarded in each

 

prosperity region or subregion.

 

     (b) An application for a competitive grant under this

 

subsection shall be submitted by an intermediate district on behalf

 

of a district or consortium of districts within the intermediate

 

district. The application shall be submitted in a form and manner

 

approved by the department and shall contain at least the following

 

components:

 

     (i) A description of the program design including the names of

 

the district or consortium of districts that will operate the

 

program, the physical location of the program, and the anticipated

 

number of families that will be served.

 

     (ii) An assurance that the program will be supervised by a

 

teacher who has a valid teaching certificate with an early

 

childhood (ZA or ZS) endorsement, a valid teaching certificate in


career education with both a KH and VH endorsement, a bachelor's

 

degree in child development or early child development, or a

 

bachelor's degree related to adult learning.

 

     (iii) An estimate of the number of families residing in the

 

district or consortium of districts that will operate the pilot

 

program that have at least 1 child less than 4 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.

 

     (iv) A description of the public awareness and outreach

 

efforts that will be made.

 

     (v) An assurance that the intermediate district and the

 

district or consortium of districts operating the program will

 

provide information in a form and manner as approved by the

 

department to allow for an evaluation of the pilot projects.

 

     (vi) A description of the sliding fee scale that will be

 

established for tuition, with fees reduced or waived for those