HOUSE BILL No. 5444

March 9, 2016, Introduced by Reps. Glenn, Kosowski, Lucido, Pettalia, Chatfield, Howrylak, Somerville, Hooker, Johnson, Cole, Lauwers, Rendon, Potvin, Tedder, Theis, Goike, Runestad, Santana, Sheppard, Barrett, Aaron Miller, Callton, Leutheuser, Franz, Bumstead, Kesto, Vaupel, Webber, Canfield, Heise, Jenkins, McBroom and Forlini and referred to the Committee on Education.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

(MCL 380.1 to 380.1852) by adding sections 1278e and 1278f.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1278e. (1) By enacting this section, this state

 

terminates all plans, programs, activities, efforts, and

 

expenditures relating to the implementation of the educational

 

initiative commonly referred to as the common core standards, or

 

any derivative or permutation of that educational initiative

 

including, but not limited to, the Michigan college and career

 

ready standards that have been adopted by the legislature, the

 

state board, or the department and including, but not limited to,

 

any assessments, data collection, and instructions based on or

 

involving that educational initiative. To further protect state and


local control of public education, the state board and the

 

department are prohibited from adopting, aligning to, or

 

implementing any other national or multistate consortium standards

 

from any source or requiring the use of any assessments aligned

 

with any other national or multistate consortium standards from any

 

source, and, subject to section 1278f, the state board and the

 

department shall do all of the following:

 

     (a) Respect and support the ultimate right of a parent to opt

 

his or her child out of public school, and out of any public school

 

activity, practice, or testing that the parent finds unacceptable,

 

with no negative repercussions to, or financial impact on, the

 

child, parent, or school and with no interference from this state.

 

This subdivision does not prohibit this state from funding public

 

education on a per-pupil basis.

 

     (b) Within 90 days after the effective date of this section,

 

adopt and implement state academic content standards for each of

 

grades kindergarten to 12 in English language arts, mathematics,

 

science, and social studies. The state academic content standards

 

shall be the same as the academic standards in effect in

 

Massachusetts during the 2008-2009 school year, except that any

 

reference in those standards to "Massachusetts" shall be changed in

 

all appropriate instances to a reference to "Michigan" and any

 

state history or government content standards shall be changed to

 

reflect the history and government of this state. Within 10 days

 

after the state academic content standards are adopted, the

 

department shall distribute the standards to all public schools in

 

this state and make the standards available to the public on the


department website.

 

     (c) As part of the process of conversion away from the common

 

core standards, the superintendent of public instruction, the state

 

board, the department, and any other state public employee or

 

authority shall take all steps necessary to terminate areas of

 

federal control of the Michigan educational process. The

 

superintendent of public instruction, the state board, the

 

department, or any other state public employee or authority shall

 

not adopt or implement any national or multistate consortium

 

standard from any source, or the use of any assessments aligned

 

with a national or multistate consortium standard, that cedes

 

control of Michigan educational standards in any manner, including,

 

but not limited to, mathematics standards, English language arts

 

standards, the next generation science standards, history

 

standards, social studies standards, or sexuality standards. This

 

state shall retain sole control over the development,

 

establishment, and revision of course of study standards for grades

 

K to 12. The superintendent of public instruction, the state board,

 

the department, or any other state public employee or authority

 

shall not join any consortium or any other organization if

 

participation in that consortium or organization would cede any

 

measure of control over any aspect of Michigan public education to

 

that consortium or organization.

 

     (d) Not earlier than 5 years after the adoption of the

 

standards under subdivision (b), adopt new statewide academic

 

content standards for each of grades kindergarten to 12 in English

 

language arts, mathematics, science, and social studies that are


distinct from and not directly aligned to the common core standards

 

that were previously adopted by the state board. The new statewide

 

academic content standards shall emphasize coherence, focus, and

 

essential knowledge and shall have evidence of successful

 

application. The department shall not implement new statewide

 

academic content standards under this subdivision until the

 

proposed standards are approved by both houses of the legislature

 

by concurrent resolution. The standing committee having

 

jurisdiction over education legislation in each house shall conduct

 

at least 1 public hearing on the proposed standards and shall post

 

notice of each public hearing at least 2 weeks before holding the

 

public hearing.

 

     (2) When the state board adopts or revises academic content

 

standards under this section, the state board shall develop those

 

standards independently and not as part of a multistate consortium.

 

     (3) The board of each school district and board of directors

 

of each public school academy, considering the academic content

 

standards adopted under this section, shall do all of the

 

following:

 

     (a) Establish a fundamental academic curriculum for its pupils

 

at the elementary, middle, and secondary school levels. The

 

fundamental academic curriculum shall define academic objectives to

 

be achieved by all pupils and shall be based upon the school

 

district's educational mission, long-range pupil goals, and pupil

 

performance objectives. The fundamental academic curriculum may

 

vary from the state academic content standards adopted under this

 

section.


     (b) After consulting with teachers and school building

 

administrators, determine the aligned instructional program for

 

delivering the school district's or public school academy's

 

fundamental academic curriculum and identify the courses and

 

programs in which the fundamental academic curriculum will be

 

taught.

 

     (c) Provide adequate time and transparency for public review

 

and comment on the aligned instructional programs by all interested

 

members of the community before final adoption.

 

     (4) This section shall not be construed to promote any

 

religious or nonreligious doctrine, promote discrimination for or

 

against a particular set of religious beliefs or nonbeliefs, or

 

promote discrimination for or against religion or nonreligion.

 

     (5) This section does not require any school district or

 

public school academy to utilize all or any part of the academic

 

content standards adopted under this section. The state board and

 

the department shall not impose any financial consequence on a

 

school district or public school academy that adopts academic

 

content standards differing from those adopted by this state under

 

this section.

 

     Sec. 1278f. (1) The department shall adopt validated state

 

assessments of pupil achievement based on the assessment used in

 

Massachusetts during the 2008-2009 school year and aligned to the

 

academic standards in effect in Massachusetts during the 2008-2009

 

school year. These assessments shall be ready for use by the first

 

spring after new statewide academic content standards are adopted

 

under section 1278e(1)(b). The department shall not revise the


assessments under this subsection again for a period of at least 5

 

years. The new assessments adopted under this subsection and all

 

future assessments adopted by the department shall meet all of the

 

following:

 

     (a) Shall not require, but may use, computer technology.

 

     (b) Each year, within 30 days after the assessment is

 

administered, shall be available on the department website for all

 

school administrators, teachers, and parents to review.

 

     (c) Shall not collect any of the following:

 

     (i) Data about the values, attitudes, beliefs, and personality

 

traits of a pupil or a pupil's family.

 

     (ii) Medical, behavioral, mental, biometric, or psychometric

 

data of a pupil or a pupil's family.

 

     (2) The department shall not implement an assessment developed

 

under this section until the proposed assessment is approved by

 

both houses of the legislature by concurrent resolution. The

 

standing committee having jurisdiction over education legislation

 

in each house shall conduct at least 1 public hearing on the

 

proposed assessment and shall post notice of each public hearing at

 

least 2 weeks before holding the public hearing.