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, 22f, 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, 99, 99h, 102, 104, 104c, 107, 147, 147a, 147c, 152a, 163,
201, 206, 207a, 207b, 207c, 209, 210, 213, 217, 222, 225, 226, 229, 229a, 230, 236,
236b, 236c, 241, 242, 245, 246, 252, 254, 255, 256, 258, 263, 263a, 264, 265, 265a,
267, 268, 269, 270, 275, 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, 388.1622f, 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,
388.1699, 388.1699h, 388.1702, 388.1704, 388.1704c, 388.1707, 388.1747, 388.1747a,
388.1747c, 388.1752a, 388.1763, 388.1801, 388.1806, 388.1807a, 388.1807b, 388.1807c,
388.1809, 388.1810, 388.1813, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829,
388.1829a, 388.1830, 388.1836, 388.1836b, 388.1836c, 388.1841, 388.1842, 388.1845,
388.1846, 388.1852, 388.1854, 388.1855, 388.1856, 388.1858, 388.1863, 388.1863a,
388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1875,
388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883,
388.1884, and 388.1886), sections 6, 8b, 11, 11a, 11j, 11k, 11m, 15, 20, 20d, 20f,
20g, 21f, 22a, 22b, 22d, 22f, 22g, 22i, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a,
31d, 31f, 32d, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a,
98, 99, 99h, 104, 107, 147, 147a, 147c, 152a, 163, 201, 206, 209, 217, 225, 229, 229a,
230, 236, 236b, 236c, 241, 245, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268,
269, 270, 275, 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, section 18 as
amended by 2014 PA 476, section 18a as amended by 2004 PA 351, section 23a as added by
2012 PA 465, sections 102, 210, and 258 as amended by 2013 PA 60, sections 213, 222,
226, 242, 254, 255, and 286 as amended by 2012 PA 201, and by adding sections 31c, 35,
35a, 35b, 35c, 35d, 35e, 35f, 35g, 61b, 67, 103a, 103b, 103c, 215, and 260; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE I
Sec. 6. (1) "Center program" means a program operated by a district or by an
intermediate district for special education pupils from several districts in programs
for pupils with autism spectrum disorder, pupils with severe cognitive impairment,
pupils with moderate cognitive impairment, pupils with severe multiple impairments,
pupils with hearing impairment, pupils with visual impairment, and pupils with
physical impairment or other health impairment. Programs for pupils with emotional
impairment housed in buildings that do not serve regular education pupils also
qualify. Unless otherwise approved by the department, a center program either shall
serve all constituent districts within an intermediate district or shall serve several
districts with less than 50% of the pupils residing in the operating district. In
addition, special education center program pupils placed part-time in noncenter
programs to comply with the least restrictive environment provisions of section 612 of
part B of the individuals with disabilities education act, 20 USC 1412, may be
considered center program pupils for pupil accounting purposes for the time scheduled
in either a center program or a noncenter program.
(2) "District and high school graduation rate" means the annual completion and
pupil dropout rate that is calculated by the center pursuant to nationally recognized
standards.
(3) "District and high school graduation report" means a report of the number
of pupils, excluding adult participants, in the district for the immediately preceding
school year, adjusted for those pupils who have transferred into or out of the
district or high school, who leave high school with a diploma or other credential of
equal status.
(4) "Membership", except as otherwise provided in this article, means for a
district, a public school academy, the education achievement system, or an
intermediate district the sum of the product of .90 times the number of full-time
equated pupils in grades K to 12 actually enrolled and in regular daily attendance on
the pupil membership count day for the current school year, plus the product of .10
times the final audited count from the supplemental count day for the current school
year. A district's, public school academy's, or intermediate district's membership
shall be adjusted as provided under section 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 DEFINED IN 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 DEFINED IN 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 THE STEWART B. MCKINNEY HOMELESS
ASSISTANCE ACT, 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 with a disability as defined in R 340.1702 of the Michigan administrative code.
An individual participating in a job training program funded under former section 107a
or a jobs program funded under former section 107b, administered by the Michigan
strategic fund, or participating in any successor of either of those 2 programs, shall
not be counted in membership.
(n) If a pupil counted in membership in a public school academy or the
education achievement system is also educated by a district or intermediate district
as part of a cooperative education program, the pupil shall be counted in membership
only in the public school academy or the education achievement system unless a written
agreement signed by all parties designates the party or parties in which the pupil
shall be counted in membership, and the instructional time scheduled for the pupil in
the district or intermediate district shall be included in the full-time equated
membership determination under subdivision (q). However, for pupils receiving
instruction in both a public school academy or the education achievement system and in
a district or intermediate district but not as a part of a cooperative education
program, the following apply:
(i) If the public school academy or the education achievement system provides
instruction for at least 1/2 of the class hours specified in subdivision (q), the
public school academy or the education achievement system shall receive as its
prorated share of the full-time equated membership for each of those pupils an amount
equal to 1 times the product of the hours of instruction the public school academy or
the education achievement system provides divided by the number of hours specified in
subdivision (q) for full-time equivalency, and the remainder of the full-time
membership for each of those pupils shall be allocated to the district or intermediate
district providing the remainder of the hours of instruction.
(ii) If the public school academy or the education achievement system provides
instruction for less than 1/2 of the class hours specified in subdivision (q), the
district or intermediate district providing the remainder of the hours of instruction
shall receive as its prorated share of the full-time equated membership for each of
those pupils an amount equal to 1 times the product of the hours of instruction the
district or intermediate district provides divided by the number of hours specified in
subdivision (q) for full-time equivalency, and the remainder of the full-time
membership for each of those pupils shall be allocated to the public school academy or
the education achievement system.
(o) An individual less than 16 years of age as of September 1 of the current
school year who is being educated in an alternative education program shall not be
counted in membership if there are also adult education participants being educated in
the same program or classroom.
(p) The department shall give a uniform interpretation of full-time and part-
time memberships.
(q) The number of class hours used to calculate full-time equated memberships
shall be consistent with section 101(3). In determining full-time equated memberships
for pupils who are enrolled in a postsecondary institution, a pupil shall not be
considered to be less than a full-time equated pupil solely because of the effect of
his or her postsecondary enrollment, including necessary travel time, on the number of
class hours provided by the district to the pupil.
(r) Beginning in 2012-2013, full-time FULL-TIME equated memberships for pupils
in kindergarten shall be determined by dividing the number of instructional hours
scheduled and provided per year per kindergarten pupil by the same number used for
determining full-time equated memberships for pupils in grades 1 to 12. However, to
the extent allowable under federal law, for a district or public school academy that
provides evidence satisfactory to the department that it used federal title I money in
the 2 immediately preceding school fiscal years to fund full-time kindergarten, full-
time equated memberships for pupils in kindergarten shall be determined by dividing
the number of class hours scheduled and provided per year per kindergarten pupil by a
number equal to 1/2 the number used for determining full-time equated memberships for
pupils in grades 1 to 12. The change in the counting of full-time equated memberships
for pupils in kindergarten that took effect for 2012-2013 is not a mandate.
(s) For a district, a public school academy, or the education achievement
system that has pupils enrolled in a grade level that was not offered by the district,
the public school academy, or the education achievement system in the immediately
preceding school year, the number of pupils enrolled in that grade level to be counted
in membership is the average of the number of those pupils enrolled and in regular
daily attendance on the pupil membership count day and the supplemental count day of
the current school year, as determined by the department. Membership shall be
calculated by adding the number of pupils registered for attendance in that grade
level on the pupil membership count day plus pupils received by transfer and minus
pupils lost as defined by rules promulgated by the superintendent, and as corrected by
subsequent department audit, plus the final audited count from the supplemental count
day for the current school year, and dividing that sum by 2.
(t) A pupil enrolled in a cooperative education program may be counted in
membership in the pupil's district of residence with the written approval of all
parties to the cooperative agreement.
(u) If, as a result of a disciplinary action, a district determines through the
district's alternative or disciplinary education program that the best instructional
placement for a pupil is in the pupil's home or otherwise apart from the general
school population, if that placement is authorized in writing by the district
superintendent and district alternative or disciplinary education supervisor, and if
the district provides appropriate instruction as described in this subdivision to the
pupil at the pupil's home or otherwise apart from the general school population, the
district may count the pupil in membership on a pro rata basis, with the proration
based on the number of hours of instruction the district actually provides to the
pupil divided by the number of hours specified in subdivision (q) for full-time
equivalency. For the purposes of this subdivision, a district shall be considered to
be providing appropriate instruction if all of the following are met:
(i) The district provides at least 2 nonconsecutive hours of instruction per
week to the pupil at the pupil's home or otherwise apart from the general school
population under the supervision of a certificated teacher.
(ii) The district provides instructional materials, resources, and supplies
that are comparable to those otherwise provided in the district's alternative
education program.
(iii) Course content is comparable to that in the district's alternative
education program.
(iv) Credit earned is awarded to the pupil and placed on the pupil's
transcript.
(v) 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 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 who is
enrolled in an intermediate district program that begins before Labor day shall not be
considered to be less than a full-time pupil solely due to instructional time
scheduled but not attended by the pupil before Labor day.
(aa) 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.
(bb) A district, a public school academy, or the education achievement system
that educates a pupil who attends a United States Olympic education center may count
the pupil in membership regardless of whether or not the pupil is a resident of this
state.
(cc) 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. 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 ENROLLED IN AN ONLINE COURSE UNDER SECTION 21F SHALL BE COUNTED IN
MEMBERSHIP IN THE PUPIL’S RESIDENT DISTRICT, REFERRED TO IN SECTION 21F AS THE PRIMARY
DISTRICT FOR THE ONLINE COURSE ENROLLMENT.
(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.
(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 AUTHORIZED BY A SCHOOL
DISTRICT, INTERMEDIATE SCHOOL DISTRICT, COMMUNITY COLLEGE OR OTHER NON-STATEWIDE
AUTHORIZING ENTITY UNDER THE REVISED SCHOOL CODE AND IS ELIGIBLE TO RECEIVE FUNDING
UNDER THIS ARTICLE, THE DEPARTMENT SHALL ASSIGN A DISTRICT CODE THAT INCLUDES THE
COUNTY CODE IN WHICH THE AUTHORIZING BODY IS LOCATED AS THE FIRST TWO DIGITS.
Sec. 11. (1) For the fiscal year
ending September 30, 2014, 2016 there is
appropriated for the public schools of this state and certain other state purposes
relating to education the sum of $11,200,232,300.00 $12,137,294,700.00 from the state
school aid fund, the sum of $156,000,000.00 from the
MPSERS retirement obligation
reform reserve fund created under section 147b, and the sum of $149,900,000.00
$45,900,000.00 from the general fund. For the
fiscal year ending September 30, 2015,
there is appropriated for the public schools of this state
and certain other state
purposes relating to education the sum of
$11,929,262,900.00 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
$114,900,000.00 from the general fund.
In addition, all other available federal funds are
appropriated each fiscal year for
the fiscal year ending September 30, 2014 and for the
fiscal year ending September 30,
2015 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 $143,000,000.00 for 2014-2015 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 2015-2016 an amount not to exceed
$4,000,000.00 for fiscal year cash-flow
borrowing costs solely related to the state school aid fund established by section 11
of article IX of the state constitution of 1963.
Sec. 11r. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $4,000,000.00 $75,000,000.00 to be deposited into the distressed
districts emergency grant REHABILITATION fund created under this section for the
purpose of funding grants under this section. FUNDS ARE INTENDED TO SUPPORT THE
REHABILITATION OF SCHOOL DISTRICTS EXPERIENCING SEVERE ACADEMIC AND FINANCIAL STRESS
IN ORDER TO MITIGATE THE IMPACT ON STUDENT LEARNING.
(2) The distressed districts emergency grant REHABILITATION 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 REHABILITATION fund. The state treasurer shall
direct the investment
of the distressed districts emergency grant REHABILITATION fund and shall credit to
the distressed districts emergency grant REHABILITATION fund interest and earnings
from the fund.
(3) Subject to subsection (4), 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.
(3) (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.
(4) (7) Money in the distressed
districts emergency grant REHABILITATION fund
at the close of a fiscal year shall remain in the
distressed districts emergency grant
REHABILITATION fund and shall not lapse to the state school aid fund or to the general
fund.
Sec. 15. (1) If a district or intermediate district fails to receive its proper
apportionment, the department, upon satisfactory proof that the district or
intermediate district was entitled justly, shall apportion the deficiency in the next
apportionment. Subject to subsections (2) and (3), if a district or intermediate
district has received more than its proper apportionment, the department, upon
satisfactory proof, shall deduct the excess in the next apportionment. Notwithstanding
any other provision in this article, state aid overpayments to a district, other than
overpayments in payments for special education or special education transportation,
may be recovered from any payment made under this article other than a special
education or special education transportation payment, from the proceeds of a loan to
the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to
141.942, or from the proceeds of millage levied or pledged under section 1211 of the
revised school code, MCL 380.1211. State aid overpayments made in special education or
special education transportation payments may be recovered from subsequent special
education or special education transportation payments, from the proceeds of a loan to
the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to
141.942, or from the proceeds of millage levied or pledged under section 1211 of the
revised school code, MCL 380.1211.
(2) If the result of an audit conducted by or for the department affects the
current fiscal year membership, affected payments shall be adjusted in the current
fiscal year. A deduction due to an adjustment made as a result of an audit conducted
by or for the department, or as a result of information obtained by the department
from the district, an intermediate district, the department of treasury, or the office
of auditor general, shall be deducted from the district's apportionments when the
adjustment is finalized. At the request of the district and upon the district
presenting evidence satisfactory to the department of the hardship, the department may
grant up to an additional 4 years for the adjustment and may advance payments to the
district otherwise authorized under this article if the district would otherwise
experience a significant hardship in satisfying its financial obligations.
(3) If, based on an audit by the department or the department's designee or
because of 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 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, or may make the information available through a link on its
intermediate district’s website home page, in a form and manner prescribed by the
department:
(a) The annual operating budget and subsequent budget revisions.
(b) Using data that have already been collected and submitted to the
department, a summary of district expenditures for the most recent fiscal year for
which they are available, expressed in the following 2 pie charts:
(i) A chart of personnel expenditures, broken into the following subcategories:
(A) Salaries and wages.
(B) Employee benefit costs, including, but not limited to, medical, dental,
vision, life, disability, and long-term care benefits.
(C) Retirement benefit costs.
(D) All other personnel costs.
(ii) A chart of all district expenditures, broken into the following
subcategories:
(A) Instruction.
(B) Support services.
(C) Business and administration.
(D) Operations and maintenance.
(c) Links to all of the following:
(i) The current collective bargaining agreement for each bargaining unit.
(ii) Each health care benefits plan, including, but not limited to, medical,
dental, vision, disability, long-term care, or any other type of benefits that would
constitute health care services, offered to any bargaining unit or employee in the
district.
(iii) The audit report of the audit conducted under subsection (4) for the most
recent fiscal year for which it is available.
(iv) The bids required under section 5 of the public employee health benefits
act, 2007 PA 106, MCL 124.75.
(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 2015
for reporting 2013-2014 2014-2015 data during 2014-2015 2015-2016, and not later than
October 15 NOVEMBER 1 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 2015 for 2014-2015 2015-2016 and by October 15
NOVEMBER 1 for all subsequent fiscal years, 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) 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
$8,174.00.
(b) The minimum foundation allowance is $7,126.00
$7,326.00.
(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) 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 $7,251.00.
For 2014-2015 2015-2016, 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 2014-2015 plus $50.00 $75.00.
(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 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 THAT
IS A CYBER SCHOOL EQUAL TO THE FOUNDATION ALLOWANCE OF THE DISTRICT THAT AUTHORIZED
THE PUBLIC SCHOOL ACADEMY THAT IS A CYBER SCHOOL 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) 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 2015-2016, the maximum public school academy
allocation is
$7,218.00 $7,326.00.
(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.
(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 2015-2016 for payments to eligible
districts under this section. A district is eligible for funding under this section 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.
(2) The amount allocated to each eligible district under this section is an
amount per membership pupil equal to the amount per membership pupil the district
received in 2013-2014.
(3) If the allocation under subsection (1) is insufficient to fully fund
payments as otherwise calculated under this section, the department shall prorate
payments under this section on an equal per-pupil basis.
Sec. 20g. (1) From the 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 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
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 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 PRIMARY district may deny a pupil enrollment in an online course if any
of the following apply, as determined by the district:
(a) The pupil has previously gained the credits provided from the completion of
the online course.
(b) The online course is not capable of generating academic credit.
(c) The online course is inconsistent with the remaining graduation
requirements or career interests of the pupil.
(d) The pupil does not possess the prerequisite knowledge and skills to be
successful in the online course or has demonstrated failure in previous online
coursework in the same subject.
(e) The online course is of insufficient quality or rigor. A district that
denies a pupil enrollment for this reason shall make a reasonable effort to assist the
pupil to find an alternative course in the same or a similar subject that is of
acceptable rigor and quality.
(f) 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 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 with the course syllabus in a form
and method prescribed by the Michigan virtual university for inclusion in a statewide
online course catalog. The district or intermediate district shall also provide on its
publicly accessible website a link to the course syllabi for all of the online courses
offered by the district or intermediate district and a link to the statewide catalog
of online courses maintained by the Michigan virtual university.
(B) 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) offer online courses UNDER THIS SECTION that can generate postsecondary
credit.
(D) BEGINNING WITH OCTOBER 1, 2016, AND 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) Online courses made available under this section by a Community college
require an instructor employed by OR CONTRACTED through the community college.
(9) THE PRIMARY DISTRICT MUST ASSIGN TO EACH PUPIL A MENTOR TO MONITOR THE
PUPIL’S PROGRESS DURING THE ONLINE COURSE AND 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, 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% 6.66%
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. THE ON-SITE MENTOR MAY
ALSO SERVE AS THE TEACHER OF RECORD IF THEY MEET THE DEFINED REQUIREMENTS.
(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 learning
environment, in which pupils are separated from their teachers by time or location, or
both, and in which a teacher who holds a valid Michigan teaching certificate FOR
COURSES PROVIDED BY A DISTRICT OR INTERMEDIATE DISTRICT 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
(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.
(D) (c) "Online learning
pupil" means a pupil enrolled in 1 or more online
courses.
(E) (d) "Primary
district" means the district that enrolls the pupil and
reports the pupil as a full-time equated pupil for pupil membership purposes.
(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 MICHIGAN CERTIFIED TEACHER WHO, WHERE
APPLICABLE, IS ENDORSED IN CONTENT AREA AND GRADE. THE TEACHER OF RECORD 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 $5,393,000,000.00 $5,277,000,000.00 for 2014-2015 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 could be reduced as provided in section 1211 of the
revised school code, MCL 380.1211, and the number of mills of school operating taxes
that could be levied on all property as provided in section 1211(2) of the revised
school code, MCL 380.1211, as certified by the department of treasury for the 1994 tax
year. For a receiving district, if school operating taxes are to be levied on behalf
of a dissolved district that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, school operating taxes do not include school
operating taxes levied within the geographic area of the dissolved district.
(g) "Homestead", "qualified agricultural property", "qualified forest
property", "supportive housing property", "industrial personal property", and
"commercial personal property" mean those terms as defined in section 1211 of the
revised school code, MCL 380.1211.
(h) "Membership" means the definition of that term under section 6 as in effect
for the particular fiscal year for which a particular calculation is made.
(i) "Nonexempt property" means property that is not a principal residence,
qualified agricultural property, qualified forest property, supportive housing
property, industrial personal property, or commercial personal property.
(j) "Qualifying public school academy" means a public school academy that was
in operation in the 1994-95 school year and is in operation in the current state
fiscal year.
(k) "Receiving district" means a district to which all or part of the territory
of a dissolved district is attached under section 12 of the revised school code, MCL
380.12.
(l) "School operating taxes" means local ad valorem property taxes levied under
section 1211 of the revised school code, MCL 380.1211, and retained for school
operating purposes as defined in section 20.
(m) "Tax increment financing acts" means 1975 PA 197, MCL 125.1651 to 125.1681,
the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the
local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, or the corridor
improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899.
(n) "Taxable value per membership pupil" means each of the following divided by
the district's membership:
(i) For the number of mills by which the exemption from the levy of school
operating taxes on a homestead, qualified agricultural property, qualified forest
property, supportive housing property, industrial personal property, and commercial
personal property may be reduced as provided in section 1211 of the revised school
code, MCL 380.1211, the taxable value of homestead, qualified agricultural property,
qualified forest property, supportive housing property, industrial personal property,
and commercial personal property for the calendar year ending in the current state
fiscal year. For a receiving district, if school operating taxes are to be levied on
behalf of a dissolved district that has been attached in whole or in part to the
receiving district to satisfy debt obligations of the dissolved district under section
12 of the revised school code, MCL 380.12, mills do not include mills within the
geographic area of the dissolved district.
(ii) For the number of mills of school operating taxes that may be levied on
all property as provided in section 1211(2) of the revised school code, MCL 380.1211,
the taxable value of all property for the calendar year ending in the current state
fiscal year. For a receiving district, if school operating taxes are to be levied on
behalf of a dissolved district that has been attached in whole or in part to the
receiving district to satisfy debt obligations of the dissolved district under section
12 of the revised school code, MCL 380.12, school operating taxes do not include
school operating taxes levied within the geographic area of the dissolved district.
Sec. 22b. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $3,492,000,000.00 $3,662,000,000.00 for 2014-2015 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 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 for payments
under this subsection to districts that meet all of the following:
(a) The district has 5.0 or fewer pupils per square mile as determined by the
department.
(b) The district has a total square mileage greater than 200.0 or is 1 of 2
districts that have consolidated transportation services and have a combined total
square mileage greater than 200.0.
(5) The funds allocated under subsection (4) shall be allocated on an equal per
pupil basis.
(6) A district receiving funds allocated under subsection (2) is not eligible
for funding allocated under subsection (4).
Sec. 22f. (1) From the appropriation in section 11, there is allocated for
2014-2015 2015-2016 an amount not to exceed $75,000,000.00
$30,000,000.00 to provide
incentive payments to districts that meet best practices under this section. FUNDS
ALLOCATED UNDER THIS SECTION ARE INTENDED TO INCREASE THE FISCAL HEALTH OF DISTRICTS
STATEWIDE, TO DECREASE THE NUMBER OF DISTRICTS WITH ONGOING DEFICITS, TO INCREASE THE
NUMBER OF PUPILS READING AT GRADE LEVEL BY THE END OF GRADE 3, AND TO INCREASE THE
NUMBER OF STUDENTS WHO ARE COLLEGE AND CAREER READY UPON HIGH SCHOOL GRADUATION.
Payments received under this section may be used for any purpose for which payments
under sections 22a and 22b may be used.
(2) The amount of the incentive payment under this section is an amount equal
to $50.00 $20.00 per pupil. A district shall receive
an incentive payment under this
section if the district satisfies at least 7 of the
following requirements not later
than June 1, 2015: THE
REQUIREMENTS OF BOTH FINANCIAL BEST PRACTICES AND ACADEMIC BEST
PRACTICES DESCRIBED BELOW NOT LATER THAN JUNE 1, 2016:
(a) If a district provides medical, pharmacy,
dental, vision, disability, long-
term care, or any other type of benefit that would
constitute a health care services
benefit, to employees and their dependents, the district is
the policyholder for each
of its insurance policies that covers 1 or more of these
benefits. A district that
does not directly employ its staff or a district with a
voluntary employee beneficiary
association that pays no more than the maximum per employee
contribution amount and
that contributes no more than the maximum employer
contribution percentage of total
annual costs for the medical benefit plans as described in
sections 3 and 4 of the
publicly funded health insurance contribution act, 2011 PA
152, MCL 15.563 and 15.564,
is considered to have satisfied this requirement.
(b) The district has obtained competitive bids on
the provision of pupil
transportation, food service, custodial, or 1 or more other
noninstructional services
for 2014-2015. In comparing competitive bids to the current
costs of providing 1 or
more of these services, a district shall exclude the
unfunded accrued liability costs
for retirement and other benefits from the district's
current costs.
(c) The district accepts applications for
enrollment by nonresident applicants
under section 105 or 105c. A public school academy is
considered to have met this
requirement.
(d) The district offers online courses or blended
learning opportunities to all
eligible pupils. In order to satisfy this requirement, a
district must make all
eligible pupils and their parents or guardians aware of
these opportunities and must
publish an online course syllabus as described in section
21f for each online course
that the district offers. For the purposes of this
subdivision:
(i) "Blended learning" means a hybrid
instructional delivery model where pupils
are provided content, instruction, and assessment in part
at a supervised educational
facility away from home where the pupil and a teacher with
a valid Michigan teaching
certificate are in the same physical location and in part
through internet-connected
learning environments with some degree of pupil control
over time, location, and pace
of instruction.
(ii) "Online course" means a course of
study that is capable of generating a
credit or a grade, that is provided in an interactive
internet-connected learning
environment, in which pupils are separated from their
teachers by time or location, or
both, and in which a teacher with a valid Michigan teaching
certificate is responsible
for determining appropriate instructional methods for each
pupil, diagnosing learning
needs, assessing pupil learning, prescribing intervention
strategies, reporting
outcomes, and evaluating the effects of instruction and
support strategies.
(A) A DISTRICT IS CONSIDERED TO MEET THE REQUIREMENTS OF FINANCIAL BEST
PRACTICES BY COMPLETING AT LEAST 2 OF THE FOLLOWING:
(I) (e) The district provides to
parents and community members a dashboard or
report card demonstrating the district's efforts to manage its finances responsibly.
The dashboard or report card shall include revenue and expenditure projections for the
district for fiscal year 2014-2015 2015-2016 and fiscal year 2015-2016 2016-2017, a
listing of all debt service obligations, detailed by project, including anticipated
fiscal year 2014-2015 2015-2016
payment for each project, a listing of total
outstanding debt, and at least all of the following for the 3 most recent school years
for which the data are available:
(A) (i) Graduation
and dropout rates.
(B) (ii) Average class
size in grades kindergarten to 3.
(C) (iii) College
readiness as measured by Michigan merit examination test
scores.
(D) (iv) Elementary and
middle school MEAP MICHIGAN STUDENT
TEST OF EDUCATIONAL
PROGRESS (M-STEP) scores.
(E) (v) Teacher,
principal, and superintendent salary information including at
least minimum, average, and maximum pay levels.
(F) (vi) General fund
balance.
(G) (vii) The total
number of days of instruction provided.
(f) The district complies with a method of
compensation for teachers and school
administrators that includes job performance and
accomplishments as a significant
factor in determining compensation, as required under
section 1250 of the revised
school code, MCL 380.1250.
(g) The district's collective bargaining
agreements, including, but not limited
to, appendices, addenda, letters of agreement, or any other
documents reflecting
agreements with collective bargaining representatives, do
not contain any provisions
pertaining to, relating to, or that are otherwise contrary
to the prohibited subjects
of bargaining enumerated in
section 15(3) of 1947 PA 336, MCL 423.215.
(h) The district implements a comprehensive
guidance and counseling program.
(i) The district offers pupils in grades K to 8
the opportunity to complete
coursework or other learning experiences that are
substantially equivalent to 1 credit
in a language other than English.
(II) IF THE DISTRICT HAS AN ENDING GENERAL FUND BALANCE FOR THE PRIOR FISCAL
YEAR LESS THAN OR EQUAL TO 5 PERCENT OF OPERATING EXPENDITURES AS DETERMINED BY THE
DEPARTMENT, THE LOCAL SCHOOL BOARD MEMBERS RECEIVE DEPARTMENT-APPROVED TRAINING THAT
SHALL INCLUDE BUT IS NOT LIMITED TO:
(A) THE RESPONSIBILITIES OF THE SCHOOL BOARD AND THE DISTRICT SUPERINTENDENT.
(B) THE REQUIREMENTS OF THE OPEN MEETINGS ACT.
(C) CONFLICTS OF INTEREST.
(D) SCHOOL FINANCE AND SCHOOL BUDGETING.
(E) CONTRACTS AND NEGOTIATIONS.
(F) THE PROCESS OF DATA-DRIVEN DECISION MAKING AND POLICY DEVELOPMENT.
(III) THE DISTRICT MAINTAINED AN ENDING FUND BALANCE GREATER THAN 5 PERCENT OF
OPERATING EXPENDITURES FOR THE PRIOR FISCAL YEAR AS DETERMINED BY THE DEPARTMENT.
(B) A DISTRICT IS CONSIDERED TO MEET THE REQUIREMENTS OF ACADEMIC BEST
PRACTICES BY COMPLETING AT LEAST 2 OF THE FOLLOWING:
(I) THE DISTRICT ADMINISTERS A DEPARTMENT-APPROVED KINDERGARTEN ENTRY
ASSESSMENT THAT ASSESSES ENGLISH LANGUAGE ARTS AND MATHEMATICS SKILLS OF ALL FIRST-
TIME KINDERGARTEN PUPILS WITHIN THE DISTRICT. THE ASSESSMENT SHALL BE ADMINISTERED BY
THE DISTRICT IN A METHOD AND TIMEFRAME DETERMINED BY THE DEPARTMENT.
(II) THE DISTRICT ADMINISTERS DEPARTMENT-APPROVED DIAGNOSTIC TOOLS TO MONITOR
THE DEVELOPMENT OF EARLY LITERACY AND EARLY READING SKILLS OF PUPILS IN KINDERGARTEN
THROUGH GRADE 3, AND SUPPORTS RESEARCH-BASED PROFESSIONAL DEVELOPMENT FOR EDUCATORS IN
DATA INTERPRETATION FOR THE PURPOSE OF IMPLEMENTING A MULTI-TIERED SYSTEM OF SUPPORT
TO IMPROVE THIRD GRADE READING PROFICIENCY. THE DIAGNOSTIC TOOLS AND PROFESSIONAL
DEVELOPMENT SHALL BE USED BY THE DISTRICT TO IDENTIFY STUDENTS WHO NEED ADDITIONAL
SUPPORT AND TO OFFER RESEARCH-BASED INTERVENTIONS.
(III) THE DISTRICT ASSESSES THE EFFECTIVENESS OF CURRENT COLLEGE AND CAREER
ADVISING PROGRAMS WITHIN THE DISTRICT BY REVIEWING STUDENT-TO-COUNSELOR RATIOS, THE
TIME DEDICATED TO COLLEGE AND CAREER READINESS COUNSELING AS OPPOSED TO OTHER NON-
COUNSELING TASKS, AND THE AMOUNT OF PROFESSIONAL DEVELOPMENT OFFERED TO COLLEGE AND
CAREER READINESS ADVISORS. BASED ON THIS SELF-ASSESSMENT THE DISTRICT DEVELOPS A PLAN
TO ADDRESS DEFICIENCIES ACCORDING TO STANDARDS RECOMMENDED BY THE MICHIGAN COLLEGE
ACCESS NETWORK.
(3) If the department determines that a district has intentionally submitted
false information in order to qualify for an incentive payment under this section, the
district forfeits an amount equal to the amount it received under this section from
its total state school aid for 2015-2016 2016-2017.
(4) If the department determines that funds allocated under this section will
remain unexpended after the initial allocation of $50.00
$20.00 per pupil to eligible
districts under subsection (2), the remaining unexpended amount is allocated on an
equal per pupil basis to districts that meet the requirements of subsection (2) and
that have a foundation allowance, as calculated under section 20, in an amount that is
less than the basic foundation allowance under that section.
Sec. 22g. (1) From the funds appropriated in section 11, there is allocated for
2014-2015 2015-2016 only an amount not to exceed
$2,000,000.00 for competitive
assistance grants to districts and intermediate districts.
(2) Funds received under this section may be used for reimbursement of
transition costs associated with the consolidation of operations or services between 2
or more districts, intermediate districts, or other local units of government, 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 that
occur on or after June 1, 2014 2015. 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:
(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 2015-2016 an amount not to exceed $45,000,000.00
and there is allocated for
2014-2015 an amount not to exceed $41,500,000.00 $25,000,000.00 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 STATEWIDE development or improvement of a
district's DISTRICTS’
technology HARD infrastructure, the shared services consolidation of technology and
data, DATA SYSTEMS THAT USE EVIDENCED-BASED LITERACY DIAGNOSTIC TOOLS TO INFORM
TEACHERS OF PUPILS IN KINDERGARTEN THROUGH GRADE 3, and FOR THE COORDINATION AND
STRATEGIC
PURCHASING OF hardware in
preparation AND SOFTWARE NECESSARY for the planned
implementation in 2014-2015 of online THE
DELIVERY OF assessments
THROUGH ONLINE
MODES.
(2) The department shall develop a competitive application process and method
of grant distribution to eligible districts and intermediate districts that
demonstrate need for grants under subsection (1). The department may consult with the
department of technology, management, and budget during the grant process and grant
distribution. Grants to districts shall not exceed $2,000,000.00 per district. A grant
to an intermediate district on behalf of its constituent districts shall not exceed
$2,000,000.00 per constituent district. To receive a grant under subsection (1), an
intermediate district shall demonstrate that a grant awarded to the intermediate
district on behalf of its constituent districts would provide savings compared to
providing grants to individual districts.
(3) From the general fund money appropriated in
section 11, there is allocated
an amount not to exceed $5,000,000.00 for 2013-2014 to be
awarded through a
competitive bid process to a single provider of
whole-school technology as described
in this subsection. The department shall issue a single
request for proposal with
application rules written and administered by the
department, and with a focus on
economic and geographic diversity. To be eligible to
receive the grant under this
section, a provider shall meet all of the following:
(a) Agrees to submit evaluation criteria in a form and
manner determined by the
department.
(b) Provides at least all of the following:
(i) One-to-one mobile devices.
(ii) Laptop or desktop computers for each classroom.
(iii) On- and off-campus filtering.
(iv) Wireless networks and peripherals.
(v) Wireless audio equipment.
(vi) Operating software.
(vii) Instructional software.
(viii) Repairs and replacements.
(ix) Professional development.
(x) Ongoing support.
(3) (4) The funds allocated
under subsection (1) are a work project
appropriation. Any unexpended funds for 2013-2014 2015-2016 are carried forward into
2014-2015 and any unexpended funds for 2014-2015 are
carried forward into 2015-2016
2016-2017. 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 2017.
(4) 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 THE 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 human services to reside in or to attend a juvenile detention facility
or child caring institution licensed by the department of human services and approved
by the department to provide an on-grounds education program. The amount of the
payment under this section to a district or intermediate district shall be calculated
as prescribed under subsection (2).
(2) The total amount allocated under this section shall be allocated by paying
to the educating district or intermediate district an amount equal to the lesser of
the district's or intermediate district's added cost or the department's approved per
pupil allocation for the district or intermediate district. For the purposes of this
subsection:
(a) "Added cost" means 100% of the added cost each fiscal year for educating
all pupils assigned by a court or the department of human services to reside in or to
attend a juvenile detention facility or child caring institution licensed by the
department of human services or the department of licensing and regulatory affairs and
approved by the department to provide an on-grounds education program. Added cost
shall be computed by deducting all other revenue received under this article for
pupils described in this section from total costs, as approved by the department, in
whole or in part, for educating those pupils in the on-grounds education program or in
a program approved by the department that is located on property adjacent to a
juvenile detention facility or child caring institution. Costs reimbursed by federal
funds are not included.
(b) "Department's approved per pupil allocation" for a district or intermediate
district shall be determined by dividing the total amount allocated under this section
for a fiscal year by the full-time equated membership total for all pupils approved by
the department to be funded under this section for that fiscal year for the district
or intermediate district.
(3) A district or intermediate district educating pupils described in this
section at a residential child caring institution may operate, and receive funding
under this section for, a department-approved on-grounds educational program for those
pupils that is longer than 181 days, but not longer than 233 days, if the child caring
institution was licensed as a child caring institution and offered in 1991-92 an on-
grounds educational program that was longer than 181 days but not longer than 233 days
and that was operated by a district or intermediate district.
(4) Special education pupils funded under section 53a shall not be funded under
this section.
Sec. 24a. From the appropriation in section 11, there is allocated an amount
not to exceed $2,195,500.00 $2,189,800.00 for 2014-2015 2015-2016 for payments to
intermediate districts for pupils who are placed in juvenile justice service
facilities operated by the department of human services. Each intermediate district
shall receive an amount equal to the state share of those costs that are clearly and
directly attributable to the educational programs for pupils placed in facilities
described in this section that are located within the intermediate district's
boundaries. The intermediate districts receiving payments under this section shall
cooperate with the department of human services to ensure that all funding allocated
under this section is utilized by the intermediate district and department of human
services for educational programs for pupils described in this section. Pupils
described in this section are not eligible to be funded under section 24. However, a
program responsibility or other fiscal responsibility associated with these pupils
shall not be transferred from the department of human services to a district or
intermediate district unless the district or intermediate district consents to the
transfer.
Sec. 24c. From the appropriation in section 11, there is allocated an amount
not to exceed $1,500,000.00 $1,497,400.00 for 2014-2015 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) (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
$1,000,000.00 for 2014-2015
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 2016, 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 2015-2016:
(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.
(6) If the funds allocated under this section are insufficient to fully fund
the adjustments under subsections (4) and (5), payments under this section shall be
prorated on an equal per-pupil basis.
(7) 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 $610,000.00 for 2014-2015 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
$417,695,500.00 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).
(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), 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) 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.
(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). 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), 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.
(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.
(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. Each grant recipient shall remain in compliance with the terms of
the grant award or shall forfeit the grant award for the duration of the 5-year period
after the noncompliance. To continue to receive funding for a child and adolescent
health center under this section a grant recipient shall ensure that the child and
adolescent health center has an advisory committee and that at least one-third of the
members of the advisory committee are parents or legal guardians of school-aged
children. A child and adolescent health center program shall recognize the role of a
child's parents or legal guardian in the physical and emotional well-being of the
child. Funding under this subsection shall be used to support child and adolescent
health center services provided to children up to age 21. If any funds allocated under
this subsection are not used for the purposes of this subsection for the fiscal year
in which they are allocated, those unused funds shall be used that fiscal year to
avoid or minimize any proration that would otherwise be required under subsection (14)
for that fiscal year.
(7) From the funds allocated under subsection (1),
there is allocated 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. Notwithstanding section 17b,
payments to eligible entities under this subsection shall be paid on a schedule
determined by the department.
(8) Each district or public school academy receiving funds under this section
and the education achievement system shall submit to the department by July 15 of each
fiscal year a report, not to exceed 10 pages, on the usage by the district or public
school academy or the education achievement system of funds under this section, which
report shall include 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.
(9) In order to receive funds under this section, a district or public school
academy or the education achievement system shall allow access for the department or
the department's designee to audit all records related to the program for which it
receives those funds. The district or public school academy or the education
achievement system shall reimburse the state for all disallowances found in the audit.
(10) Subject to subsections (5), (6), and (7), 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.
(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).
(12) If a district is formed by consolidation after June 1, 1995, and if 1 or
more of the original districts was not eligible before the consolidation for an
additional allowance under this section, the amount of the additional allowance under
this section for the consolidated district shall be based on the number of pupils
described in subsection (1) enrolled in the consolidated district who reside in the
territory of an original district that was eligible before the consolidation for an
additional allowance under this section. 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), enrolled in each of the
other districts within the intermediate district and provide that estimate to the
department for the purposes of distributing funds under this section within 60 days
after the school district is declared dissolved.
(13) 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.
(A) (d) For pupils for whom the GRADE 11 STATE SUMMATIVE ASSESSMENT results of
the Michigan merit examination have been received, is a pupil
who does not meet the
other criteria under this subsection but AND 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
ASSESSMENTS.
(B) (e) For pupils in grades
K-3, is a pupil who is at risk of not meeting the
district's core academic curricular objectives in English language arts or
mathematics.
(C) (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.
(D) (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.
(E) (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.
(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 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.
(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 GRADE 11 STATE SUMMATIVE ASSESSMENTS 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 GRADE 11 STATE SUMMATIVE ASSESSMENTS 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.
(15) As used in subsection (14), "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 BY 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 GRADE 11 STATE
SUMMATIVE ASSESSMENTS under section 1279g(2)(a) of the revised school code, MCL
380.1279g.
(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.
(17) THE DEPARTMENT SHALL COLLABORATE WITH THE DEPARTMENT OF HUMAN SERVICES TO
PRIORITIZE ASSIGNING PATHWAYS TO POTENTIAL SUCCESS COACHES TO ELEMENTARY SCHOOLS THAT
HAVE A HIGH PERCENTAGE OF PUPILS IN KINDERGARTEN THROUGH GRADE 3 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 TO
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, 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. 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
$239,275,000.00 for
2014-2015 2015-2016. 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. 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% 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% 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 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 $15,900,000.00 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), THERE IS ALLOCATED A MINIMUM OF
$5,000,000.00 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. 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 INCREASED FUNDS ALLOCATED IN sections 35a to 35g SHALL BE USED
for programs to ensure children are reading on grade level by the end of grade 3.
programs funded under these sections will be USED so that michigan will be in the top
10 most improved states in fourth grade reading proficiency by the 2019 National
assessment of educational progress (naep) and will be in the top 10 states overall by
2025.
(2) from the general fund appropriation in section 11, there is allocated an
amount not to exceed $1,000,000.00 for implementation costs associated with programs
in sections 35a to 35g.
Sec. 35A. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $1,000,000.00 for the purpose of piloting parent education
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.
(2) The department shall develop a competitive application process and method
of grant distribution consistent with the provisions of this section. A grant award to
a pilot program shall be the number of resident children 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, in the district or consortium
of districts operating the program multiplied by $120.00 per child or $130,000.00,
whichever is less, The department shall ensure that to the extent possible, grants are
awarded in each prosperity region.
(3) a competitive grant application 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:
(a) 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.
(b) An assurance that the program will be supervised by a teacher that has a
valid teaching certificate with an early childhood (ZA or ZS) endorsement or a valid
teaching certificate in career education with both a KH and VH endorsement or a
bachelor’s degree in child development or early child development or a degree related
to adult learning.
(c) An estimate of the number of families in the district or districts that
will operate the pilot program that have at least one 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.
(d) A description of the public awareness and outreach efforts that will be
made.
(e) 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.
(f) A description of the sliding fee scale that will be established for
tuition, with fees reduced or waived for those unable to pay.
(g) A budget for the program. A program may use not more than 5 percent of a
grant to administer the program.
(4) An eligible program shall provide at least two hours per week throughout
the school year for parents and their eligible children to participate in parent
education programs and meet at least the following minimum requirements:
(a) Require that parents be physically present in classes with their children
or be in concurrent classes.
(b) Use research-based information to educate parents about the physical,
cognitive, social and emotional development of children.
(c) Provide structured learning activities requiring interaction between
children and their parents.
(d) Provide structured learning activities for children that promote positive
interaction with their peers.
(5) For a child to be eligible to participate in a program under this section,
the child shall be 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.
(6) From the funds in subsection (1), there is allocated an amount not to
exceed $100,000.00 for the purpose of performing an evaluation of the pilot programs
in a manner approved by the department. The evaluation report shall include at least
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 PRECLUDED 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. 35B. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $950,000.00 for 2015-2016 for the purposes of this section. This
allocation represents the first of two years of funding for the purposes of this
section.
(2) The department shall award grants to districts to support professional
development for educators in a department-approved research-based training program
related to current state literacy standards for pupils in kindergarten through grade
3. The department shall determine the amount of the grant awards.
(2) In addition to other methods of professional development delivery, the
department shall collaborate with the Michigan virtual university to provide this
training online to all educators of pupils in kindergarten through grade 3.
(3) The funds allocated under this section are a work project appropriation,
and any unexpended funds for 2015-2016 are carried forward into 2016-2017. The purpose
of the work project is to continue to implement the professional development training
described in this section. The estimated completion date of the work project is
September 30, 2017.
sec. 35c. from the general fund appropriation in section 11, there is allocated
an amount not to exceed $500,000.00 to the department for the adoption of a
certification test to ensure all newly-certified elementary teachers have the skills
to deliver evidence-based literacy instruction.
Sec. 35d. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $1,450,000.00 for 2015-2016 for the purposes of this section.
This allocation represents the first of two years of funding.
(2) The department shall award grants to districts to administer department-
approved diagnostic tools to monitor the development of early literacy and early
reading skills of pupils in kindergarten through grade 3 and to support research-based
professional development for educators in data interpretation for the purpose of
implementing a multi-tiered system of support to improve third grade reading
proficiency. The department shall award grants to eligible districts in an amount
determined by the department.
(3) In addition to other methods of professional development delivery, the
department shall collaborate with the Michigan virtual university to provide this
training online to all educators of pupils in kindergarten through grade 3.
(4) The funds allocated under this section are a work project appropriation,
and any unexpended funds for 2015-2016 are carried forward into 2016-2017. The purpose
of the work project is to continue to implement the professional development training
described in this section. The estimated completion date of the work project is
September 30, 2017.
Sec. 35e. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $3,000,000.00 for the purpose of providing early literacy coaches
to assist teachers in developing and implementing instructional strategies for pupils
in kindergarten through grade 3 so that pupils are reading at grade level by the end
of grade 3.
(2) The department shall develop a competitive application process and method
of grant distribution consistent with the provisions of this section. The grant
process shall ensure that intermediate districts with the highest percentage of fourth
grade students in the constituent districts of the intermediate district that are not
proficient on the fourth grade state reading assessment receive extra consideration in
the awarding of grants.
(3) A consortium of intermediate districts in a prosperity region shall submit
a competitive grant application in a form and manner approved by the department in
order to receive funding under this section. Eligible applications shall provide
ASSURANCES THAT LITERACY COACHES FUNDED UNDER THIS SECTION ARE KNOWLEDGEABLE ABOUT THE
FOLLOWING, AT A MINIMUM:
(a) current state literacy standards for pupils in kindergarten through grade
3.
(b) implementing an instructional delivery model based on frequent use of
formative and diagnostic tools known as a multi-tiered system of support to determine
individual progress for pupils in kindergarten through grade 3 so that pupils are
reading at grade level by the end of grade 3.
(c) THE USE OF data from diagnostic tools to determine the necessary additional
supports and interventions needed by individual pupils in kindergarten through grade 3
in order to be reading at grade level.
Sec. 35f (1) From the appropriation in section 11, there is allocated an amount
not to exceed $10,000,000.00 for 2015-2016 to districts THAT provide additional
instructional time to those pupils in kindergarten through grade 3 that have been
identified by using department-approved diagnostic tools as needing additional
supports and interventions in order to be reading at grade level by the end of third
grade. Additional instructional time may be provided before, during and after regular
school hours or as part of a year-round balanced school calendar.
(2) In order to be eligible to receive funding UNDER THIS SECTION, a district
shall demonstrate to the satisfaction of the department that the district has DONE ALL
OF THE FOLLOWING:
(a) Implemented a multi-tiered system of support instructional delivery model.
(b) used department-approved research-based diagnostic tools to identify
individual pupils in need of additional instructional time.
(c) provided teachers of pupils in kindergarten through grade 3 with research-
based professional development in diagnostic data interpretation.
(3) Funding allocated under this section shall be distributed to eligible
districts by multiplying the full-time-equivalent pupils in first grade by $95.00.
(4) If the funds allocated under this section are insufficient to fully fund
the payments under this section, payments under this section shall be prorated on an
equal per-pupil basis of first grade pupils.
Sec. 35g. (1) From the general funds appropriated in section 11, there is
allocated an amount not to exceed $500,000.00 for 2015-2016 to the department to
establish a best practices clearinghouse. The department shall collaborate with the
center, universities, intermediate districts and districts to determine the best
method of establishing a clearinghouse that shall identify, develop and disseminate
best practices from research-based models of education reform that districts can use
to improve reading proficiency for pupils in kindergarten through grade 3.
(2) The funds allocated under this section are a work project appropriation,
and any unexpended funds for 2015-2016 are carried forward into 2016-2017. The purpose
of the work project is to continue to implement the clearinghouse described under
subsection (1). The estimated completion date of the work project is September 30,
2017.
Sec. 39. (1) An eligible applicant receiving funds under section 32d shall
submit an application, in a form and manner prescribed by the department, by a date
specified by the department in the immediately preceding state fiscal year. The
application shall include a comprehensive needs assessment using aggregated data from
the applicant's entire service area and a community collaboration plan that is
endorsed by the local great start collaborative and is part of the community's great
start strategic plan that includes, but is not limited to, great start readiness
program and head start providers, and shall identify all of the following:
(a) The estimated total number of children in the community who meet the
criteria of section 32d and how that calculation was made.
(b) The estimated number of children in the community who meet the criteria of
section 32d and are being served by other early childhood development programs
operating in the community, and how that calculation was made.
(c) The number of children the applicant will be able to serve who meet the
criteria of section 32d including a verification of physical facility and staff
resources capacity.
(d) The estimated number of children who meet the criteria of section 32d who
will remain unserved after the applicant and community early childhood programs have
met their funded enrollments. The applicant shall maintain a waiting list of
identified unserved eligible children who would be served when openings are available.
(2) After notification of funding allocations, an applicant receiving funds
under section 32d shall also submit an implementation plan for approval, in a form and
manner prescribed by the department, by a date specified by the department, that
details how the applicant complies with the program components established by the
department pursuant to section 32d.
(3) The number of prekindergarten children construed to be in need of special
readiness assistance under section 32d shall be calculated for each applicant in the
following manner: 1/2 of the percentage of the applicant's pupils in grades 1 to 5 in
all districts served by the applicant who are eligible for free lunch, as determined
using the district's pupil membership count as of the pupil membership count day in
the school year prior to the fiscal year for which the calculation is made, under the
Richard B. Russell national school lunch act, 42 USC 1751 to 1769i, shall be
multiplied by the average kindergarten enrollment of the districts served by the
applicant on the pupil membership count day of the 2 immediately preceding fiscal
years.
(4) The initial allocation for each fiscal year to each eligible applicant
under section 32d shall be determined by multiplying the number of children determined
by the formula under subsection (3) or the number of children the applicant indicates
it will be able to serve under subsection (1)(c), whichever is less, by $3,625.00 and
shall be distributed among applicants in decreasing order of concentration of eligible
children as determined by the formula under subsection (3). If the number of children
an applicant indicates it will be able to serve under subsection (1)(c) includes
children able to be served in a school-day program, then the number able to be served
in a school-day program shall be doubled for the purposes of making this calculation
of the lesser of the number of children determined by the formula under subsection (3)
and the number of children the applicant indicates it will be able to serve under
subsection (1)(c) and determining the amount of the initial allocation to the
applicant under section 32d. A district may contract with a head start agency to serve
children enrolled in head start with a school-day program by blending head start funds
with a part-day great start readiness program allocation. All head start and great
start readiness program policies and regulations apply to the blended program.
(5) If funds allocated for eligible applicants or
to the great start readiness
reserve fund under section 32d remain after the initial allocation
under subsection
(4), the allocation under this subsection shall be distributed to each eligible
applicant under section 32d in decreasing order of concentration of eligible children
as determined by the formula under subsection (3). The allocation shall be determined
by multiplying the number of children each district within the applicant's service
area served in the immediately preceding fiscal year or the number of children the
applicant indicates it will be able to serve under subsection (1)(c), whichever is
less, minus the number of children for which the applicant received funding in
subsection (4) by $3,625.00.
(6) If funds allocated for eligible applicants or
to the great start readiness
reserve fund under section 32d remain after the allocations under
subsections (4) and
(5), remaining funds shall be distributed to each eligible applicant under section 32d
in decreasing order of concentration of eligible children as determined by the formula
under subsection (3). If the number of children the applicant indicates it will be
able to serve under subsection (1)(c) exceeds the number of children for which funds
have been received under subsections (4) and (5), the allocation under this subsection
shall be determined by multiplying the number of children the applicant indicates it
will be able to serve under subsection (1)(c) less the number of children for which
funds have been received under subsections (4) and (5) by $3,625.00 until the funds
allocated for eligible applicants in section 32d are distributed.
(7) An applicant that offers supplementary child care funded by funds other
than those received under section 32d and therefore offers full-day programs as part
of its early childhood development program shall receive priority in the allocation of
funds under section 32d over other eligible applicants. As used in this subsection,
"full-day program" means a program that provides supplementary child care that totals
at least 10 hours of programming per day.
(8) If, taking into account the total amount to be allocated to the applicant
as calculated under this section, an applicant determines that it is able to include
additional eligible children in the great start readiness program without additional
funds under section 32d, the applicant may include additional eligible children but
shall not receive additional funding under section 32d for those children.
Sec. 39a. (1) From the federal funds appropriated in section 11, there is
allocated for 2014-2015 2015-2016 to districts, intermediate districts, and other
eligible entities all available federal funding, estimated
at $807,969,900.00
$779,076,400.00 for the federal programs under the no child left behind act of 2001,
Public Law 107-110. These funds are allocated as follows:
(a) An amount estimated at $8,000,000.00 $5,000,000.00 to provide students with
drug- and violence-prevention programs and to implement strategies to improve school
safety, funded from DED-OESE, drug-free schools and communities funds.
(b) An amount estimated at $111,111,900.00 for the purpose of preparing,
training, and recruiting high-quality teachers and class size reduction, funded from
DED-OESE, improving teacher quality funds.
(c) An amount estimated at $12,200,000.00 for programs to teach English to
limited English proficient (LEP) children, funded from DED-OESE, language acquisition
state grant funds.
(d) An amount estimated at $10,286,500.00 for the Michigan charter school
subgrant program, funded from DED-OESE, charter school funds.
(e) An amount estimated at $2,393,500.00 $3,000,000.00 for rural and low income
schools, funded from DED-OESE, rural and low income school funds.
(f) An amount estimated at $591,500,000.00 $565,000,000.00 to provide
supplemental programs to enable educationally disadvantaged children to meet
challenging academic standards, funded from DED-OESE, title I, disadvantaged children
funds.
(g) An amount estimated at $8,878,000.00 for the purpose of identifying and
serving migrant children, funded from DED-OESE, title I, migrant education funds.
(h) An amount estimated at $39,000,000.00 for the purpose of providing high-
quality extended learning opportunities, after school and during the summer, for
children in low-performing schools, funded from DED-OESE, twenty-first century
community learning center funds.
(i) An amount estimated at $24,600,000.00 to help support local school
improvement efforts, funded from DED-OESE, title I, local school improvement grants.
(2) From the federal funds appropriated in section 11, there is allocated for
2014-2015 2015-2016 to districts, intermediate districts,
and other eligible entities
all available federal funding, estimated at $31,300,000.00
$30,800,000.00 for the
following programs that are funded by federal grants:
(a) An amount estimated at $200,000.00 for acquired immunodeficiency syndrome
education grants, funded from HHS – center for disease control, AIDS funding.
(b) An amount estimated at $2,600,000.00 to provide services to homeless
children and youth, funded from DED-OVAE, homeless children and youth funds.
(C) AN AMOUNT ESTIMATED AT $4,000,000.00 TO PROVIDE MENTAL HEALTH, SUBSTANCE
ABUSE OR VIOLENCE PREVENTION SERVICES TO STUDENTS, FUNDED FROM HHS-SAMHSA.
(D) (c) An amount estimated at $28,500,000.00
$24,000,000.00 for providing
career and technical education services to pupils, funded from DED-OVAE, basic grants
to states.
(3) All federal funds allocated under this section shall be distributed in
accordance with federal law and with flexibility provisions outlined in Public Law
107-116, and in the education flexibility partnership act of 1999, Public Law 106-25.
Notwithstanding section 17b, payments of federal funds to districts, intermediate
districts, and other eligible entities under this section shall be paid on a schedule
determined by the department.
(4) For the purposes of applying for federal grants appropriated under this
article, the department shall allow an intermediate district to submit a consortium
application on behalf of 2 or more districts with the agreement of those districts as
appropriate according to federal rules and guidelines.
(5) As used in this section:
(a) "DED" means the United States department of education.
(b) "DED-OESE" means the DED office of elementary and secondary education.
(c) "DED-OVAE" means the DED office of vocational and adult education.
(d) "HHS" means the United States department of health and human services.
(e) "HHS-ACF" means the HHS
administration for children and families.
(E) "HHS-SAMHSA" MEANS THE HHS SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
ADMINISTRATION.
Sec. 41. From the appropriation in section 11, there is allocated an amount not
to exceed $1,200,000.00 each fiscal year for 2013-2014
and for 2014-2015 2015-2016 to
applicant districts and intermediate districts offering programs of instruction for
pupils of limited English-speaking ability under section 1153 of the revised school
code, MCL 380.1153. Reimbursement shall be on a per-pupil basis and shall be based on
the number of pupils of limited English-speaking ability in membership on the pupil
membership count day. Funds allocated under this section shall be used solely for
instruction in speaking, reading, writing, or comprehension of English. A pupil shall
not be counted under this section or instructed in a program under this section for
more than 3 years.
Sec. 43. From the general fund money appropriated in section 11, there is
allocated to the department for 2014-2015 2015-2016 an amount not to exceed
$1,800,000.00 for updating teacher certification tests. The department shall use these
funds to update the set of teacher certification tests, including content-specific and
subject-relevant tests, to reflect current education standards by not later than
September 30, 2016. THIS IS THE SECOND YEAR OF TWO YEARS OF FUNDING.
Sec. 51a. (1) From the appropriation in section 11, there is allocated an
amount not to exceed $938,946,100.00 $934,546,100.00 for 2014-2015 2015-2016 from
state sources and all available federal funding under sections 611 to 619 of part B of
the individuals with disabilities education act, 20 USC 1411 to 1419, estimated at