HB-5907, As Passed House, December 21, 2018

HB-5907, As Passed Senate, December 20, 2018

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5907

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 524, 553a, 1135, 1471, and 1472 (MCL 380.524,

380.553a, 380.1135, 380.1471, and 380.1472), section 524 as amended

by 2011 PA 277, section 553a as amended by 2018 PA 235, section

1135 as added by 1987 PA 84, and sections 1471 and 1472 as added by

1996 PA 159.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 524. (1) An urban high school academy may be located in

all or part of an existing public school building. An urban high

school academy shall not operate at a site other than the site or

sites, requested for the configuration of age or grade levels that

will use the site or sites, as specified in the contract. Under a

contract, an authorizing body may permit an urban high school

academy to operate the same configuration of age or grade levels at

more than 1 site, and an urban high school academy may operate the

same configuration of age or grade levels at more than 1 site, as

long as the urban high school academy is operating in compliance

with its contract and is making measurable progress toward meeting

its educational goals. For a contract for a new urban high school

academy, an authorizing body may permit an urban high school

academy to operate the same configuration of age or grade levels at

more than 1 site, and an urban high school academy may operate the

same configuration of age or grade levels at more than 1 site, if

the applicant for the proposed urban high school academy presents

documentation to the authorizing body demonstrating that the

applicant's proposed educational model has resulted in schools

making measurable progress toward meeting their educational goals.

(2) An urban high school academy shall not charge tuition.

Except as otherwise provided in this section, an urban high school

academy shall not discriminate in its pupil admissions policies or

practices on the basis of intellectual or athletic ability,

measures of achievement or aptitude, status as a handicapped

person, or any other basis that would be illegal if used by a

school district. However, an urban high school academy may limit

admission to pupils who are within a particular range of age or

grade level or on any other basis that would be legal if used by a

school district and may give enrollment priority as provided in

subsection (4).

(3) Except for a foreign exchange student who is not a United

States citizen, an urban high school academy shall not enroll a

pupil who is not a resident of this state. Enrollment in an urban

high school academy ~~shall~~ must be open to all pupils who reside in

this state who meet the admission policy. Subject to subsection

(4), if there are more applications to enroll in the urban high

school academy than there are spaces available, pupils shall be

selected to attend using a random selection process. An urban high

school academy shall allow any pupil who was enrolled in the urban

high school academy in the immediately preceding school year to

enroll in the urban high school academy in the appropriate grade

unless the appropriate grade is not offered at that urban high

school academy.

(4) An urban high school academy may give enrollment priority

to 1 or more of the following:

(a) A sibling of a pupil enrolled in the urban high school

academy.

(b) A pupil who transfers to the urban high school academy

from another public school under a matriculation agreement between

the urban high school academy and other public school that provides

for this enrollment priority, if all of the following requirements

are met:

(i) Each public school that enters into the matriculation

agreement remains a separate and independent public school.

(ii) The urban high school academy that gives the enrollment

priority selects at least 5% of its pupils for enrollment using a

random selection process.

(iii) The matriculation agreement allows any pupil who was

enrolled at any time during elementary school in a public school

that is a party to the matriculation agreement and who was not

expelled from that public school to enroll in the urban high school

academy giving enrollment priority under the matriculation

agreement.

high school academy or who is on the board of directors of the

urban high school academy. As used in this subdivision, "child"

includes an adopted child or a legal ward.

(5) Subject to the terms of the contract authorizing the urban

high school academy, an urban high school academy shall include at

least grades 9 through 12 within 5 years after beginning operations

and may include other grades or any configuration of those grades,

including kindergarten and early childhood education, as specified

in its contract. If specified in its contract, an urban high school

academy may also operate an adult basic education program, adult

high school completion program, or general education development

testing preparation program.

Sec. 553a. (1) An authorizing body may issue a contract to

establish a school of excellence that is a cyber school. A cyber

school shall provide full-time instruction to pupils through online

learning or otherwise on a computer or other technology, and this

instruction and learning may occur remote from a school facility.

Subject to section 559(3), a cyber school may develop and implement

personalized, nontraditional, or flexible learning opportunities

that include, but are not limited to, project-based learning or

competency-based education.

(2) A contract for a school of excellence that is a cyber

House Bill No. 5907 as amended December 21, 2018

school ~~shall~~ must include all of the provisions required under

section 553 and ~~all~~ both of the following:

(a) A requirement that a teacher who holds appropriate

certification according to state board rule or who is engaged to

teach under section 1233b will be responsible for all of the

following for each course in which a pupil is enrolled:

(i) Improving learning by planned instruction.

(ii) Diagnosing the pupil's learning needs.

(iii) Assessing learning, assigning grades, and determining

advancement.

(iv) Reporting outcomes to administrators and parents or legal

guardians.

(b) A requirement that the cyber school will make educational

services available to pupils for a minimum of at least 1,098 hours

during a school year. ~~and will ensure that each pupil participates~~

~~in the educational program for at least 1,098 hours during a school~~

~~year.~~The cyber school shall track a pupil's participation through

attendance in the educational program offered by the cyber school

for the proportionate number of instructional hours from the date

of enrollment of the pupil.<<

(3) Notwithstanding any other provision of this act or any

rule, if a school of excellence that is a cyber school is in

compliance with the requirements of subsection (2)(a) regarding a

certificated teacher or a teacher engaged to teach under section

1233b, any other adult assisting with the oversight of a pupil

during the pupil's participation in the cyber school's education

program is not required to be a certificated teacher, a teacher

engaged to teach under section 1233b, or an employee of the school.

(4) Notwithstanding any rule to the contrary, a cyber school

is not required to comply with any rule that would require a

pupil's physical presence or attendance in a classroom.

(5) At the end of a cyber school's second complete school year

of operations, the authorizing body of a school of excellence that

is a cyber school shall submit to the superintendent of public

instruction and the legislature, in the form and manner prescribed

by the superintendent of public instruction, a report detailing the

operation of the cyber school, providing statistics of pupil

participation and academic performance, and making recommendations

for any further statutory or rule change related to cyber schools

and online learning in this state.

Sec. 1135. (1) Upon enrollment of a student for the first time

in a local school district, public school academy, or intermediate

school district, the local school district, public school academy,

or intermediate school district shall notify in writing the person

enrolling the student that within 30 days he or she shall provide

to the local school district, public school academy, or

intermediate school district either of the following:

(a) A ~~certified~~ copy of the student's birth certificate.

(b) Other reliable proof, as determined by the local school

district, public school academy, or intermediate school district,

of the student's identity and age, and an affidavit explaining the

inability to produce a copy of the birth certificate.

(2) If a person enrolling a student fails to comply with

subsection (1), the local school district, public school academy,

or intermediate school district shall notify the person enrolling

the student in writing that, unless he or she complies within 30

days after the notification, the case ~~shall~~ must be referred to the

local law enforcement agency for investigation. If the person

enrolling the student fails to comply within that 30-day period,

the local school district, public school academy, or intermediate

school district shall notify the local law enforcement agency.

(3) The local school district, public school academy, or

intermediate school district shall immediately report to the local

law enforcement agency any affidavit received ~~pursuant to~~ under

this section that appears inaccurate or suspicious in form or

content.

(4) Within 14 days after enrolling a transfer student, the

school shall request in writing directly from the student's

previous school a copy of his or her school record. Any school that

compiles records for each student in the school and that is

requested to forward a copy of a transferring student's record to

the new school shall comply within 30 days after receipt of the

request unless the record has been tagged ~~pursuant to~~ under section

1134. If a student record has been tagged ~~pursuant to~~ under section

1134, a copy of the student record ~~shall~~ must not be forwarded, and

the requested school shall notify the law enforcement agency that

notified the school district of the missing student ~~pursuant to~~

~~section 8 of Act No. 319 of the Public Acts of 1968, being section~~

~~28.258 of the Michigan Compiled Laws,~~ under section 8 of 1968 PA

319, MCL 28.258, of the request.

(5) A local school district, public school academy, or

intermediate school district shall not disclose any personally

identifiable information contained in a student record to a law

enforcement agency, except in compliance with ~~the family~~

~~educational rights and privacy act, 20 U.S.C. 1232g.~~20 USC 1232g,

commonly referred to as the family educational rights and privacy

act.

Sec. 1471. As used in this part:

(a) "College level equivalent course" means a course offered

in high school, for which a pupil receives high school credit, that

is taught at a postsecondary instruction level and is designed to

prepare a pupil for a college level equivalent credit examination

in a particular subject area, and includes, but is not limited to,

advanced placement and international baccalaureate courses.

(b) "College level equivalent credit examination" means an

examination that is administered by an independent testing service

and that is used by colleges and universities generally to award

postsecondary credit for achievement of a particular score and

includes, but is not limited to, advanced placement, DSST, and

college-level examination program (CLEP) examinations.

Sec. 1472. (1) The board of a school district or public school

academy shall, ~~ensure that, as part of the process of planning the~~

~~pupil's schedule for an upcoming school year,~~ at least annually,

provide to each pupil in grade 8 or higher ~~is provided with general~~

information about college level equivalent courses and ~~with~~

~~specific information about appropriate~~ college level equivalent

~~courses available for the pupil.~~credit examinations, including, at

least, information about registration, eligibility, and fees.

(2) If a school district or public school academy maintains

pupil portfolios for high school pupils, each pupil's portfolio

~~shall~~ must include, in addition to the other records in the

portfolio, all academic records and correspondence relating to the

pupil's participation in a college level equivalent course or

enrollment in a postsecondary course under the postsecondary

enrollment options act, 1996 PA 160, MCL 388.511 to 388.524.