November 30, 2017, Introduced by Reps. Pagan, Wittenberg, Faris, Cochran, Greig, Ellison, Gay-Dagnogo, Lasinski, Sowerby, Chang, Geiss, Guerra, Camilleri, Moss, Elder and Yancey and referred to the Committee on Education Reform.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 502, 522, 552, and 1311d (MCL 380.502,
380.522, 380.552, and 380.1311d), sections 502, 522, and 552 as
amended by 2016 PA 192 and section 1311d as added by 1999 PA 23.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 502. (1) A public school academy shall be organized and
administered under the direction of a board of directors in
accordance with this part and with bylaws adopted by the board of
directors. A public school academy corporation shall be organized
under the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to
450.3192, except that a public school academy corporation is not
required to comply with sections 170 to 177 of 1931 PA 327, MCL
450.170 to 450.177. To the extent disqualified under the state or
federal constitution, a public school academy shall not be
organized by a church or other religious organization and shall not
have any organizational or contractual affiliation with or
constitute a church or other religious organization.
(2)
Subject to subsection (9), (11),
any of the following may
act as an authorizing body to issue a contract to organize and
operate 1 or more public school academies under this part:
(a) The board of a school district. However, the board of a
school district shall not issue a contract for a public school
academy to operate outside the school district's boundaries, and a
public school academy authorized by the board of a school district
shall not operate outside that school district's boundaries.
(b) An intermediate school board. However, the board of an
intermediate school district shall not issue a contract for a
public school academy to operate outside the intermediate school
district's boundaries, and a public school academy authorized by
the board of an intermediate school district shall not operate
outside that intermediate school district's boundaries.
(c) The board of a community college. However, except as
otherwise provided in this subdivision, the board of a community
college shall not issue a contract for a public school academy to
operate in a school district organized as a school district of the
first class, a public school academy authorized by the board of a
community college shall not operate in a school district organized
as a school district of the first class, the board of a community
college shall not issue a contract for a public school academy to
operate outside the boundaries of the community college district,
and a public school academy authorized by the board of a community
college shall not operate outside the boundaries of the community
college district. The board of a community college also may issue a
contract for not more than 1 public school academy to operate on
the grounds of an active or closed federal military installation
located outside the boundaries of the community college district,
or may operate a public school academy itself on the grounds of
such a federal military installation, if the federal military
installation is not located within the boundaries of any community
college district and the community college has previously offered
courses on the grounds of the federal military installation for at
least 10 years.
(d)
The governing board of a state public university. However,
the
combined total number of contracts for public school academies
issued
by all state public universities shall not exceed 300
through
December 31, 2012 and shall not exceed 500 through December
31,
2014. After December 31, 2014, there is no limit on the
combined
total number of contracts for public school academies that
may
be issued by all state public universities.
(e) Two or more of the public agencies described in
subdivisions (a) to (d) exercising power, privilege, or authority
jointly pursuant to an interlocal agreement under the urban
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512.
(3) To obtain a contract to organize and operate 1 or more
public school academies, 1 or more persons or an entity may apply
to an authorizing body described in subsection (2). The application
shall include at least all of the following:
(a) Identification of the applicant for the contract.
(b) Subject to the resolution adopted by the authorizing body
under section 503(5), a list of the proposed members of the board
of directors of the public school academy and a description of the
qualifications and method for appointment or election of members of
the board of directors.
(c) The proposed articles of incorporation, which shall
include at least all of the following:
(i) The name of the proposed public school academy.
(ii) The purposes for the public school academy corporation.
This language shall provide that the public school academy is
incorporated pursuant to this part and that the public school
academy corporation is a governmental entity.
(iii) The name of the authorizing body.
(iv) The proposed time when the articles of incorporation will
be effective.
(v) Other matters considered expedient to be in the articles
of incorporation.
(d) A copy of the proposed bylaws of the public school
academy.
(e) Documentation meeting the application requirements of the
authorizing body, including at least all of the following:
(i) The governance structure of the public school academy.
(ii) A copy of the educational goals of the public school
academy and the curricula to be offered and methods of pupil
assessment to be used by the public school academy. The educational
goals shall include demonstrated improved pupil academic
achievement for all groups of pupils. To the extent applicable, the
progress of the pupils in the public school academy shall be
assessed using both the mathematics and reading portions of the
Michigan student test of educational progress (M-STEP) or the
Michigan merit examination under section 1279g, as applicable.
(iii) The admission policy and criteria to be maintained by
the public school academy. The admission policy and criteria shall
comply with section 504. This part of the application also shall
include a description of how the applicant will provide to the
general public adequate notice that a public school academy is
being created and adequate information on the admission policy,
criteria, and process.
(iv) The school calendar and school day schedule.
(v) The age or grade range of pupils to be enrolled.
(f) Descriptions of staff responsibilities and of the public
school academy's governance structure.
(g) For an application to the board of a school district, an
intermediate school board, or board of a community college,
identification of the local and intermediate school districts in
which the public school academy will be located.
(h) An agreement that the public school academy will comply
with the provisions of this part and, subject to the provisions of
this part, with all other state law applicable to public bodies and
with federal law applicable to public bodies or school districts.
(i) A description of and address for the proposed physical
plant in which the public school academy will be located. An
applicant may request the authorizing body to issue a contract
allowing the public school academy board of directors to operate
the same configuration of age or grade levels at more than 1 site.
(4) An authorizing body shall oversee, or shall contract with
an intermediate school district, community college, or state public
university to oversee, each public school academy operating under a
contract issued by the authorizing body. The authorizing body is
responsible for overseeing compliance by the board of directors
with the contract and all applicable law. This subsection does not
relieve any other government entity of its enforcement or
supervisory responsibility.
(5)
If the superintendent of public instruction finds
determines that an authorizing body is not engaging in appropriate
continuing oversight of 1 or more public school academies operating
under a contract issued by the authorizing body, the superintendent
of
public instruction may shall
suspend the power of the
authorizing body to issue new contracts to organize and operate
public school academies under this part, urban high school
academies under part 6c, schools of excellence under part 6e, and
strict discipline academies under sections 1311b to 1311m. A
contract
issued by the authorizing body during the suspension
period in which the authorizing body was not engaging in
appropriate continuing oversight, as determined by the
superintendent of public instruction, is void. A contract issued by
the
authorizing body before the suspension that period is not
affected by the suspension.
(6) An authorizing body shall not charge a fee, or require
reimbursement of expenses, for considering an application for a
contract, for issuing a contract, or for providing oversight of a
contract for a public school academy in an amount that exceeds a
combined total of 3% of the total state school aid received by the
public school academy in the school year in which the fees or
expenses are charged. The authorizing body shall provide to the
public school academy board of directors an accounting of the fees
and reimbursements collected under this subsection specifying how
the specific funds collected from that public school academy were
expended, including an itemized list of use and purpose. An
authorizing body may provide other services for a public school
academy and charge a fee for those services, but shall not require
such an arrangement as a condition to issuing the contract
authorizing the public school academy.
(7) At least annually, an authorizing body shall compile and
submit to the superintendent of public instruction and the state
board a compliance report showing the status of each public school
academy operating under a contract issued by the authorizing body
regarding compliance with the statutory and contractual
requirements for operating the public school academy. If the
superintendent of public instruction determines, after a review of
this report, that the authorizing body has an active contract with
a public school academy that is not in compliance with these
requirements, the superintendent of public instruction shall order
the authorizing body to return all of the fees collected under
subsection (6) from that public school academy to the school aid
fund.
(8) If the superintendent of public instruction suspends the
power of an authorizing body to issue new contracts to organize and
operate public school academies under this part, urban high school
academies under part 6c, schools of excellence under part 6e, and
strict discipline academies under sections 1311b to 1311m, as
provided under subsection (5), the authorizing body may petition
the state board to reinstate its power to issue new contracts to
organize and operate public school academies under this part, urban
high school academies under part 6c, schools of excellence under
part 6e, and strict discipline academies under sections 1311b to
1311m. If the state board finds that the suspension by the
superintendent of public instruction is not arbitrary or
capricious, the state board shall establish benchmarks that the
authorizing body must meet, as determined by the state board, to
have its power reinstated to issue new contracts to organize and
operate public school academies under this part, urban high school
academies under part 6c, schools of excellence under part 6e, and
strict discipline academies under sections 1311b to 1311m.
(9) (7)
A public school academy shall be
presumed to be
legally organized if it has exercised the franchises and privileges
of a public school academy for at least 2 years.
(10) (8)
An authorizing body may enter into
an
intergovernmental agreement with another authorizing body to issue
public school academy contracts. At a minimum, the agreement shall
further the purposes set forth in section 501, describe which
authorizing body shall issue the contract, and set forth which
authorizing body will be responsible for monitoring compliance by
the board of directors of the public school academy with the
contract and all applicable law.
(11) (9)
Both of the following apply to the
issuance of a
contract for a public school academy to be located within a
community district:
(a) An authorizing body shall not issue a contract to organize
and operate a new public school academy to be located in a
community district unless, before issuing the contract, the
governing board of the authorizing body has certified to the state
school reform/redesign officer that the authorizing body has been
accredited as an authorizing body by a nationally recognized
accreditation body. For an authorizing body described in subsection
(2)(e), the authorizing body shall not issue a contract to organize
and operate a new public school academy to be located in a
community district unless, before issuing the contract, the
governing board of each of the public agencies that is party to the
interlocal agreement has certified to the state school
reform/redesign officer that the public agency has been accredited
as an authorizing body by a nationally recognized accreditation
body.
(b) An authorizing body shall not issue a contract for a new
public school academy to be located in a community district if both
of the following circumstances exist:
(i) Either of the following:
(A) Until the accountability system under section 390 has been
in effect in the community district for at least 3 full school
years, the proposed public school academy would operate at the same
location as a public school that currently is on the list under
section 1280c(1) of the public schools in this state that the state
school reform/redesign office has determined to be among the lowest
achieving 5% of all public schools in this state or has been on
that list during the immediately preceding 3-year period. Beginning
after the accountability system under section 390 has been in
effect in the community district for at least 3 full school years,
the proposed public school academy would operate at the same
location as a public school that has been assigned a grade of "F"
under section 390 for 3 of the preceding 5 school years.
(B) The proposed public school academy would operate at the
same location as a public school academy, urban high school
academy, school of excellence, or strict discipline academy that
has had its contract revoked or terminated by an authorizing body
under the applicable part or section.
(ii) The proposed public school academy would have
substantially the same board of directors, substantially the same
leadership, and substantially the same curriculum offerings as the
public school that previously operated at that location.
(12) (10)
A public school academy that is
located within a
community district is subject to section 390.
Sec. 522. (1) An urban high school academy shall be organized
and administered under the direction of a board of directors in
accordance with this part and with bylaws adopted by the board of
directors. An urban high school academy corporation shall be
organized under the nonprofit corporation act, 1982 PA 162, MCL
450.2101 to 450.3192, except that an urban high school academy
corporation is not required to comply with sections 170 to 177 of
1931 PA 327, MCL 450.170 to 450.177. To the extent disqualified
under the state or federal constitution, an urban high school
academy shall not be organized by a church or other religious
organization and shall not have any organizational or contractual
affiliation with or constitute a church or other religious
organization.
(2)
Subject to subsection (9), (11),
the governing board of a
state public university may act as an authorizing body to issue a
contract for the organization and operation of an urban high school
academy under this part.
(3) A contract issued under this part shall be issued for an
initial term of 10 years. If the urban high school academy meets
the educational goals set forth in the contract and operates in
substantial compliance with this part, the authorizing body shall
automatically renew the contract for a subsequent 10-year term.
(4) To obtain a contract to organize and operate 1 or more
urban high school academies, an entity may apply to an authorizing
body described in subsection (2). The contract shall be issued to
an urban high school academy corporation designated by the entity
applying for the contract. The application shall include at least
all of the following:
(a) Name of the entity applying for the contract.
(b) Subject to the resolution adopted by the authorizing body
under section 528, a list of the proposed members of the board of
directors of the urban high school academy and a description of the
qualifications and method for appointment or election of members of
the board of directors.
(c) The proposed articles of incorporation, which shall
include at least all of the following:
(i) The name of the proposed urban high school academy to
which the contract will be issued.
(ii) The purposes for the urban high school academy
corporation. This language shall provide that the urban high school
academy is incorporated pursuant to this part and that the urban
high school academy corporation is a governmental entity and
political subdivision of this state.
(iii) The name of the authorizing body.
(iv) The proposed time when the articles of incorporation will
be effective.
(v) Other matters considered expedient to be in the articles
of incorporation.
(d) A copy of the proposed bylaws of the urban high school
academy.
(e) Documentation meeting the application requirements of the
authorizing body, including at least all of the following:
(i) The governance structure of the urban high school academy.
(ii) A copy of the educational goals of the urban high school
academy and the curricula to be offered and methods of pupil
assessment to be used by the urban high school academy. The
educational goals shall include demonstrated improved pupil
academic achievement for all groups of pupils. To the extent
applicable, the progress of the pupils in the urban high school
academy shall be assessed using both the mathematics and reading
portions of the Michigan student test of educational progress (M-
STEP) or the Michigan merit examination under section 1279g, as
applicable.
(iii) The admission policy and criteria to be maintained by
the urban high school academy. The admission policy and criteria
shall comply with section 524. This part of the application also
shall include a description of how the applicant will provide to
the general public adequate notice that an urban high school
academy is being created and adequate information on the admission
policy, criteria, and process.
(iv) The school calendar and school day schedule.
(v) The age or grade range of pupils to be enrolled.
(f) Descriptions of staff responsibilities and of the urban
high school academy's governance structure.
(g) A description of and address for the proposed building or
buildings in which the urban high school academy will be located,
and a financial commitment by the entity applying for the contract
to construct or renovate the building or buildings that will be
occupied by the urban high school academy that is issued the
contract.
(5) If a particular state public university issues a contract
that allows an urban high school academy to operate the same
configuration of grades at more than 1 site, as provided in section
524(1), each of those sites shall be under the direction of the
board of directors that is a party to the contract.
(6)
If the superintendent of public instruction finds
determines that an authorizing body is not engaging in appropriate
continuing oversight of 1 or more urban high school academies
operating under a contract issued by the authorizing body, the
superintendent
of public instruction may shall
suspend the power of
the authorizing body to issue new contracts to organize and operate
public school academies under part 6a, urban high school academies
under this part, schools of excellence under part 6e, and strict
discipline academies under sections 1311b to 1311m. A contract
issued
by the authorizing body during the suspension period in
which the authorizing body was not engaging in appropriate
continuing oversight, as determined by the superintendent of public
instruction, is void. A contract issued by the authorizing body
before
the suspension that period
is not affected by the
suspension.
(7) At least annually, an authorizing body shall compile and
submit to the superintendent of public instruction and the state
board a compliance report showing the status of each urban high
school academy operating under a contract issued by the authorizing
body regarding compliance with the statutory and contractual
requirements for operating the urban high school academy. If the
superintendent of public instruction determines, after a review of
this report, that the authorizing body has an active contract with
an urban high school academy that is not in compliance with these
requirements, the superintendent of public instruction shall order
the authorizing body to return all of the fees collected under
subsection (9) from that urban high school academy to the school
aid fund.
(8) If the superintendent of public instruction suspends the
power of an authorizing body to issue new contracts to organize and
operate public school academies under part 6a, urban high school
academies under this part, schools of excellence under part 6e, and
strict discipline academies under sections 1311b to 1311m, as
provided under subsection (6), the authorizing body may petition
the state board to reinstate its power to issue new contracts to
organize and operate public school academies under part 6a, urban
high school academies under this part, schools of excellence under
part 6e, and strict discipline academies under sections 1311b to
1311m. If the state board finds that the suspension by the
superintendent of public instruction is not arbitrary or
capricious, the state board shall establish benchmarks that the
authorizing body must meet, as determined by the state board, to
have its power reinstated to issue new contracts to organize and
operate public school academies under part 6a, urban high school
academies under this part, schools of excellence under part 6e, and
strict discipline academies under sections 1311b to 1311m.
(9) (7)
An authorizing body shall not charge
a fee, or require
reimbursement of expenses, for considering an application for a
contract, for issuing a contract, or for providing oversight of a
contract for an urban high school academy in an amount that exceeds
a combined total of 3% of the total state school aid received by
the urban high school academy in the school year in which the fees
or expenses are charged. The authorizing body shall provide to the
urban high school academy board of directors an accounting of the
fees and reimbursements collected under this subsection specifying
how the specific funds collected from that urban high school
academy were expended, including an itemized list of use and
purpose. All of the following apply to this fee:
(a) An authorizing body may use this fee only for the
following purposes:
(i) Considering applications and issuing or administering
contracts.
(ii) Compliance monitoring and oversight of urban high school
academies.
(iii) Training for urban high school academy applicants,
administrators, and boards of directors.
(iv) Technical assistance to urban high school academies.
(v) Academic support to urban high school academies or to
pupils or graduates of urban high school academies.
(vi) Evaluation of urban high school academy performance.
(vii) Training of teachers, including supervision of teacher
interns.
(viii) Other purposes that assist the urban high school
academies or traditional public schools in achieving improved
academic performance.
(b) An authorizing body may provide other services for an
urban high school academy and charge a fee for those services, but
shall not require such an arrangement as a condition to issuing the
contract authorizing the urban high school academy.
(10) (8)
An urban high school academy shall
be presumed to be
legally organized if it has exercised the franchises and privileges
of an urban high school academy for at least 2 years.
(11) (9)
Both of the following apply to the
issuance of a
contract for an urban high school academy to be located within a
community district:
(a) An authorizing body shall not issue a contract to organize
and operate a new urban high school academy to be located in a
community district unless, before issuing the contract, the
governing board of the authorizing body has certified to the state
school reform/redesign officer that the authorizing body has been
accredited as an authorizing body by a nationally recognized
accreditation body.
(b) An authorizing body shall not issue a contract for a new
urban high school academy to be located in a community district if
both of the following circumstances exist:
(i) Either of the following:
(A) Until the accountability system under section 390 has been
in effect in the community district for at least 3 full school
years, the proposed urban high school academy would operate at the
same location as a public school that currently is on the list
under section 1280c(1) of the public schools in this state that the
state school reform/redesign office has determined to be among the
lowest achieving 5% of all public schools in this state or has been
on that list during the immediately preceding 3-year period.
Beginning after the accountability system under section 390 has
been in effect in the community district for at least 3 full school
years, the proposed urban high school academy would operate at the
same location as a public school that has been assigned a grade of
"F" under section 390 for 3 of the preceding 5 school years.
(B) The proposed urban high school academy would operate at
the same location as a public school academy, urban high school
academy, school of excellence, or strict discipline academy that
has had its contract revoked or terminated by an authorizing body
under the applicable part or section.
(ii) The proposed urban high school academy would have
substantially the same board of directors, substantially the same
leadership, and substantially the same curriculum offerings as the
public school that previously operated at that location.
(12) (10) An urban high school academy that is located within
a community district is subject to section 390.
Sec. 552. (1) An authorizing body may issue contracts under
this subsection to organize and operate a school of excellence. All
of the following apply to the issuance of a contract by an
authorizing body under this subsection:
(a) The issuance of the contract must be approved by the
superintendent of public instruction. The superintendent of public
instruction shall approve issuance of a contract if he or she
determines that the proposed school of excellence is modeled after
a high-performing school or program.
(b) The first 5 contracts issued by all authorizing bodies
under this subsection shall be for schools of excellence that offer
1 or more of high school grades 9 to 12, or any combination of
those grades, as specified in the contract.
(c) A school of excellence authorized under this subsection
shall not be located in a school district that has a graduation
rate of over 75%, on average, for the most recent 3 school years
for which the data are available, as determined by the department.
(2) Subject to the limitations in this subsection and
subsections
(14) and (15), subsection
(16), an authorizing body may
issue contracts under this subsection for 1 or more schools of
excellence that are cyber schools. The combined total number of
contracts issued by all statewide authorizing bodies under this
subsection for schools of excellence that are cyber schools shall
not exceed 15. The board of a school district, an intermediate
school board, the board of a community college that is not a
statewide authorizing body, or 2 or more public agencies acting
jointly as described in subsection (6)(e) may not act as the
authorizing body for more than 1 school of excellence that is a
cyber school. An authorizing body shall not issue a contract for a
school of excellence that is a cyber school unless the school of
excellence that is a cyber school meets all of the following
requirements:
(a) Is available for enrollment to all pupils in this state.
(b) Offers some configuration of or all of grades K to 12.
(c) The entity applying for the school of excellence that is a
cyber school demonstrates experience in delivering a quality
education program that improves pupil academic achievement. In
determining whether this requirement is met, an authorizing body
shall refer to the standards for quality online learning
established
by the national association of charter school
authorizers
National Association of
Charter School Authorizers or
other similar nationally recognized standards for quality online
learning.
(d) The enrollment in the school of excellence that is a cyber
school is limited to not more than 2,500 pupils in membership for
the first school year of operation of the school of excellence that
is a cyber school, not more than 5,000 pupils in membership for the
second school year of operation of the school of excellence that is
a cyber school, and not more than 10,000 pupils in membership for
the third and subsequent school years of operation of the school of
excellence that is a cyber school. As used in this subdivision,
"membership" means that term as defined in section 6 of the state
school aid act of 1979, MCL 388.1606.
(e) The school of excellence that is a cyber school offers
each pupil's family a computer and subsidizes the cost of internet
access.
(3) For a public school academy operating under part 6a that
meets the requirements of subsection (4), with the approval of its
authorizing body, the board of directors of the public school
academy may adopt a resolution choosing to convert the public
school academy to a school of excellence under this part. If the
board of directors of a public school academy that meets the
requirements of subsection (4) is issued a contract as a school of
excellence under this subsection, all the following apply:
(a) The public school academy shall cease to operate as a
public school academy under part 6a and shall operate as a school
of excellence upon the issuance of a contract or at another time as
determined by the authorizing body.
(b) The public school academy shall be considered to be a
school of excellence for all purposes upon the issuance of a
contract or at another time as determined by the authorizing body,
but shall retain its corporate identity.
(c) The conversion of a public school academy under part 6a to
a school of excellence operating under this part shall not impair
any agreement, mortgage, loan, bond, note or other instrument of
indebtedness, or any other agreement entered into by a public
school academy while it was operating under part 6a.
(d) The contract issued to the public school academy under
part 6a shall automatically terminate upon the issuance of a
contract or at another time as determined by the authorizing body.
(4) Subsection (3) applies to a public school academy that is
determined by the department to meet all of the following, as
applicable:
(a) If the public school academy operates only some or all of
grades K to 8, meets at least 1 of the following:
(i) On average over a 3-year period, at least 90% of the
pupils enrolled in the public school academy achieved a score of
proficient or better on the mathematics and reading portions of the
Michigan
education assessment program mathematics and reading tests
student test of educational progress (M-STEP) or a successor state
assessment program.
(ii) On average over a 3-year period, at least 70% of the
pupils enrolled in the public school academy achieved a score of
proficient or better on the mathematics and reading portions of the
Michigan
education assessment program mathematics and reading tests
student test of educational progress (M-STEP) or a successor state
assessment program and at least 50% of the pupils enrolled in the
public school academy met the income eligibility criteria for the
federal free or reduced-price lunch program, as determined under
the Richard B. Russell national school lunch act, 42 USC 1751 to
1769j, and reported to the department.
(b) If the public school academy operates grades 9 to 12, at
least 80% of the school's pupils graduate from high school or are
determined by the department to be on track to graduate from high
school, the school has at least 80% average attendance, and the
school has at least an 80% postsecondary enrollment rate.
(5) A school of excellence shall be organized and administered
under the direction of a board of directors in accordance with this
part and with bylaws adopted by the board of directors. A school of
excellence shall be organized under the nonprofit corporation act,
1982 PA 162, MCL 450.2101 to 450.3192, except that a school of
excellence is not required to comply with sections 170 to 177 of
1931 PA 327, MCL 450.170 to 450.177. To the extent disqualified
under the state or federal constitution, a school of excellence
shall not be organized by a church or other religious organization
and shall not have any organizational or contractual affiliation
with or constitute a church or other religious organization.
(6) Any of the following may act as an authorizing body to
issue a contract to organize and operate 1 or more schools of
excellence under this part:
(a) The board of a school district. However, except as
otherwise provided in this subdivision, the board of a school
district shall not issue a contract for a school of excellence to
operate outside the school district's boundaries, and a school of
excellence authorized by the board of a school district shall not
operate outside that school district's boundaries. If the board of
a school district issues a contract for a school of excellence that
is a cyber school, the contract may authorize the school of
excellence that is a cyber school to operate outside that school
district's boundaries.
(b) An intermediate school board. However, except as otherwise
provided in this subdivision, the board of an intermediate school
district shall not issue a contract for a school of excellence to
operate outside the intermediate school district's boundaries, and
a school of excellence authorized by the board of an intermediate
school district shall not operate outside that intermediate school
district's boundaries. If the board of an intermediate school
district issues a contract for a school of excellence that is a
cyber school, the contract may authorize the school of excellence
that is a cyber school to operate outside that intermediate school
district's boundaries.
(c) The board of a community college. Except as otherwise
provided in this subdivision, the board of a community college
shall not issue a contract for a school of excellence to operate
outside the boundaries of the community college district, and a
school of excellence authorized by the board of a community college
shall not operate outside the boundaries of the community college
district. If the board of a community college issues a contract for
a school of excellence that is a cyber school, the contract may
authorize the school of excellence that is a cyber school to
operate outside the boundaries of the community college district.
The board of a community college also may issue a contract for not
more than 1 school of excellence to operate on the grounds of an
active or closed federal military installation located outside the
boundaries of the community college district, or may operate a
school of excellence itself on the grounds of such a federal
military installation, if the federal military installation is not
located within the boundaries of any community college district and
the community college has previously offered courses on the grounds
of the federal military installation for at least 10 years.
(d) The governing board of a state public university.
(e) Two or more of the public agencies described in
subdivisions (a) to (d) exercising power, privilege, or authority
jointly pursuant to an interlocal agreement under the urban
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512.
(7) To obtain a contract to organize and operate 1 or more
schools of excellence, 1 or more persons or an entity may apply to
an authorizing body described in this section. The application
shall include at least all of the following:
(a) Identification of the applicant for the contract.
(b) Subject to the resolution adopted by the authorizing body
under section 553(4), a list of the proposed members of the board
of directors of the school of excellence and a description of the
qualifications and method for appointment or election of members of
the board of directors.
(c) The proposed articles of incorporation, which shall
include at least all of the following:
(i) The name of the proposed school of excellence.
(ii) The purposes for the school of excellence corporation.
This language shall provide that the school of excellence is
incorporated pursuant to this part and that the school of
excellence is a governmental entity.
(iii) The name of the authorizing body.
(iv) The proposed time when the articles of incorporation will
be effective.
(v) Other matters considered expedient to be in the articles
of incorporation.
(d) A copy of the proposed bylaws of the school of excellence.
(e) Documentation meeting the application requirements of the
authorizing body, including at least all of the following:
(i) The governance structure of the school of excellence.
(ii) A copy of the educational goals of the school of
excellence and the curricula to be offered and methods of pupil
assessment to be used by the school of excellence. The educational
goals shall include demonstrated improved pupil academic
achievement for all groups of pupils. To the extent applicable, the
progress of the pupils in the school of excellence shall be
assessed using both the mathematics and reading portions of the
Michigan student test of educational progress (M-STEP) or the
Michigan merit examination under section 1279g, as applicable.
(iii) The admission policy and criteria to be maintained by
the school of excellence. The admission policy and criteria shall
comply with section 556. This part of the application also shall
include a description of how the applicant will provide to the
general public adequate notice that a school of excellence is being
created and adequate information on the admission policy, criteria,
and process.
(iv) Except for a school of excellence that is a cyber school,
the school calendar and school day schedule.
(v) The age or grade range of pupils to be enrolled.
(f) Descriptions of staff responsibilities and of the school
of excellence governance structure.
(g) For an application to the board of a school district, an
intermediate school board, or board of a community college,
identification of the school district and intermediate school
district in which the school of excellence will be located.
(h) An agreement that the school of excellence will comply
with the provisions of this part and, subject to the provisions of
this part, with all other state law applicable to public bodies and
with federal law applicable to public bodies or school districts.
(i) A description of and address for the proposed physical
plant in which the school of excellence will be located. An
applicant may request the authorizing body to issue a contract
allowing the board of directors of the school of excellence to
operate the same configuration of age or grade levels at more than
1 site.
(8) An authorizing body shall oversee, or shall contract with
an intermediate school district, community college, or state public
university to oversee, each school of excellence operating under a
contract issued by the authorizing body. The authorizing body is
responsible for overseeing compliance by the board of directors
with the contract and all applicable law. This subsection does not
relieve any other government entity of its enforcement or
supervisory responsibility.
(9)
If the superintendent of public instruction finds
determines that an authorizing body is not engaging in appropriate
continuing oversight of 1 or more schools of excellence operating
under a contract issued by the authorizing body, the superintendent
of
public instruction may shall
suspend the power of the
authorizing body to issue new contracts to organize and operate
public school academies under part 6a, urban high school academies
under part 6c, schools of excellence under this part, and strict
discipline academies under sections 1311b to 1311m. A contract
issued
by the authorizing body during the suspension the period in
which the authorizing body was not engaging in appropriate
continuing oversight, as determined by the superintendent of public
instruction, is void. A contract issued by the authorizing body
before
the suspension that period
is not affected by the
suspension.
(10) If the superintendent of public instruction suspends the
power of an authorizing body to issue new contracts to organize and
operate public school academies under part 6a, urban high school
academies under part 6c, schools of excellence under this part, and
strict discipline academies under sections 1311b to 1311m, as
provided under subsection (9), the authorizing body may petition
the state board to reinstate its power to issue new contracts to
organize and operate public school academies under part 6a, urban
high school academies under part 6c, schools of excellence under
this part, and strict discipline academies under sections 1311b to
1311m. If the state board finds that the suspension by the
superintendent of public instruction is not arbitrary or
capricious, the state board shall establish benchmarks that the
authorizing body must meet, as determined by the state board, to
have its power reinstated to issue new contracts to organize and
operate public school academies under part 6a, urban high school
academies under part 6c, schools of excellence under this part, and
strict discipline academies under sections 1311b to 1311m.
(11) (10)
An authorizing body shall not
charge a fee, or
require reimbursement of expenses, for considering an application
for a contract, for issuing a contract, or for providing oversight
of a contract for a school of excellence in an amount that exceeds
a combined total of 3% of the total state school aid received by
the school of excellence in the school year in which the fees or
expenses are charged. The authorizing body shall provide to the
school of excellence board of directors an accounting of the fees
and reimbursements collected under this subsection specifying how
the specific funds collected from that school of excellence were
expended, including an itemized list of use and purpose. The
authorizing body may provide other services for a school of
excellence and charge a fee for those services, but shall not
require such an arrangement as a condition to issuing the contract
authorizing the school of excellence.
(12) At least annually, an authorizing body shall compile and
submit to the superintendent of public instruction and the state
board a compliance report showing the status of each school of
excellence operating under a contract issued by the authorizing
body regarding compliance with the statutory and contractual
requirements for operating the school of excellence. If the
superintendent of public instruction determines, after a review of
this report, that the authorizing body has an active contract with
a school of excellence that is not in compliance with these
requirements, the superintendent of public instruction shall order
the authorizing body to return all of the fees collected under
subsection (11) from that school of excellence to the school aid
fund.
(13) (11)
A school of excellence shall be
presumed to be
legally organized if it has exercised the franchises and privileges
of a public school academy for at least 2 years.
(14) (12)
A member of the board of directors
of a school of
excellence is a public officer and shall, before entering upon the
duties of the office, take the constitutional oath of office for
public officers under section 1 of article XI of the state
constitution of 1963.
(15) (13)
A school of excellence that is a
cyber school may
make available to other public schools for purchase any of the
course offerings that the cyber school offers to its own pupils.
(14)
If the department determines that the combined total
statewide
final audited membership for all pupils in membership in
schools
of excellence that are cyber schools for the 2012-2013
state
fiscal year exceeds a number equal to 1% of the combined
total
statewide final audited membership for all pupils in
membership
in public schools for the 2011-2012 state fiscal year,
then
all of the following apply:
(a)
An authorizing body may not issue a new contract for a new
school
of excellence that is a cyber school to begin operations in
the
2013-2014 school year.
(b)
A school of excellence that is a cyber school may not
enroll
any new pupils in the school of excellence that is a cyber
school
in the 2013-2014 school year.
(16) (15)
Beginning July 1, 2013, if the
department determines
that the combined total statewide final audited membership for all
pupils in membership in schools of excellence that are cyber
schools for a state fiscal year exceeds a number equal to 2% of the
combined total statewide final audited membership for all pupils in
membership in public schools for the 2011-2012 state fiscal year,
then all of the following apply:
(a) Subject to subdivision (c), an authorizing body may not
issue a new contract for a new school of excellence that is a cyber
school to begin operations in a school year that begins after that
determination is made.
(b) Subject to subdivision (c), a school of excellence that is
a cyber school may not enroll any new pupils in the school of
excellence that is a cyber school in a school year that begins
after that determination is made.
(c) If the department determines that the combined total
statewide final audited membership for all pupils in membership in
schools of excellence that are cyber schools for a state fiscal
year does not exceed a number equal to 2% of the combined total
statewide final audited membership for all pupils in membership in
public schools for the 2011-2012 state fiscal year, then
subdivisions (a) and (b) do not apply for a school year that begins
after that determination is made unless the department makes a new
determination that the membership limits under this subsection have
been exceeded.
(17) (16)
For the purposes of subsections
(14) and (15),
subsection (16), not later than July 1 of each year, the department
shall determine the percentage of the combined total statewide
final audited membership for all pupils in membership in public
schools that are pupils in membership in schools of excellence that
are cyber schools for the state fiscal year that includes that July
1.
(18) (17)
As used in this section:
(a) "Membership" means that term as defined in section 6 of
the state school aid act of 1979, MCL 388.1606.
(b) "Statewide authorizing body" means the governing board of
a state public university or the board of a federal tribally
controlled community college that is recognized under the tribally
controlled colleges and universities assistance act of 1978, 25 USC
1801 to 1864, and is determined by the department to meet the
requirements for accreditation by a recognized regional accrediting
body.
(18)
Not later than October 1, 2012, if a district, an
intermediate
school district, a public school academy, or the
education
achievement system offers online learning, the board or
board
of directors of the district, intermediate school district,
or
public school academy, or the education achievement system,
shall
submit to the department a report that details the per-pupil
costs
of operating the online learning. The report shall include,
on
a per-pupil basis, at least all of the following costs:
(a)
Textbooks, instructional materials, and supplies,
including
electronic instructional material.
(b)
Computer and other electronic equipment, including
internet
and telephone access.
(c)
Salaries and benefits for the online learning employees.
(d)
Purchased courses and curricula.
(e)
Fees associated with oversight and regulation.
(f)
Travel costs associated with school activities and
testing.
(g)
Facilities costs.
(h)
Costs associated with special education.
(19)
Not later than December 31, 2012, the department shall
issue
a report to the legislature including the following:
(a)
A review of the data submitted under subsection (14).
(b)
A comparison with costs of substantially similar programs
in
other states and relevant national research on the costs of
online
learning.
(c)
Any conclusions concerning factors or characteristics of
online
learning programs that make a difference in the costs of
operating
the programs.
(19) (20)
The board of directors of a school
of excellence
that is a cyber school, or the board of a school district,
intermediate school district, or public school academy that
operates an online or other distance learning program, shall submit
a monthly report to the department, in the form and manner
prescribed by the department, that reports the number of pupils
enrolled in the school of excellence that is a cyber school, or in
the online or other distance learning program, during the
immediately preceding month.
(20) (21)
The board of directors of a school
of excellence
that is a cyber school shall ensure that, when a pupil enrolls in
the school of excellence that is a cyber school, the pupil and his
or her parent or legal guardian are provided with a parent-student
orientation. If the pupil is at least age 18 or is an emancipated
minor, the orientation may be provided to just the pupil.
(21) (22)
Both of the following apply to the
issuance of a
contract for a school of excellence to be located within a
community district:
(a) An authorizing body shall not issue a contract to organize
and operate a new school of excellence to be located in a community
district unless, before issuing the contract, the governing board
of the authorizing body has certified to the state school
reform/redesign officer that the authorizing body has been
accredited as an authorizing body by a nationally recognized
accreditation body. For an authorizing body described in subsection
(6)(e), the authorizing body shall not issue a contract to organize
and operate a new school of excellence to be located in a community
district unless, before issuing the contract, the governing board
of each of the public agencies that is party to the interlocal
agreement has certified to the state school reform/redesign officer
that the public agency has been accredited as an authorizing body
by a nationally recognized accreditation body.
(b) An authorizing body shall not issue a contract for a new
school of excellence to be located in a community district if both
of the following circumstances exist:
(i) Either of the following:
(A) Until the accountability system under section 390 has been
in effect in the community district for at least 3 full school
years, the proposed school of excellence would operate at the same
location as a public school that currently is on the list under
section 1280c(1) of the public schools in this state that the state
school reform/redesign office has determined to be among the lowest
achieving 5% of all public schools in this state or has been on
that list during the immediately preceding 3-year period. Beginning
after the accountability system under section 390 has been in
effect in the community district for at least 3 full school years,
the proposed school of excellence would operate at the same
location as a public school that has been assigned a grade of "F"
under section 390 for 3 of the preceding 5 school years.
(B) The proposed school of excellence would operate at the
same location as a public school academy, urban high school
academy, school of excellence, or strict discipline academy that
has had its contract revoked or terminated by an authorizing body
under the applicable part or section.
(ii) The proposed school of excellence would have
substantially the same board of directors, substantially the same
leadership, and substantially the same curriculum offerings as the
public school that previously operated at that location.
(22) (23)
A school of excellence that is
located within a
community district is subject to section 390.
Sec. 1311d. (1) A strict discipline academy shall be organized
and administered under the direction of a board of directors in
accordance
with sections 1311b to 1311l 1311m and
with bylaws
adopted by the board of directors. A strict discipline academy
corporation created to operate a strict discipline academy shall be
organized under the nonprofit corporation act, 1982 PA 162, MCL
450.2101 to 450.3192, except that the strict discipline academy
corporation is not required to comply with sections 170 to 177 of
1931 PA 327, MCL 450.170 to 450.177. To the extent disqualified
under the state or federal constitution, a strict discipline
academy shall not be organized by a church or other religious
organization and shall not have any organizational or contractual
affiliation with or constitute a church or other religious
organization.
(2) Any of the following may act as an authorizing body to
issue a contract to organize and operate 1 or more strict
discipline
academies under sections 1311b to 1311l:1311m:
(a) The board of a school district that operates grades K to
12. However, the board of a school district shall not issue a
contract for a strict discipline academy to operate outside the
school district's boundaries, and a strict discipline academy
authorized by the board of a school district shall not operate
outside that school district's boundaries.
(b) An intermediate school board. However, the board of an
intermediate school district shall not issue a contract for a
strict discipline academy to operate outside the intermediate
school district's boundaries, and a strict discipline academy
authorized by the board of an intermediate school district shall
not operate outside that intermediate school district's boundaries.
(c) The board of a community college. However, except as
otherwise provided in this subdivision, the board of a community
college shall not issue a contract for a strict discipline academy
to operate in a school district organized as a school district of
the first class, a strict discipline academy authorized by the
board of a community college shall not operate in a school district
organized as a school district of the first class, the board of a
community college shall not issue a contract for a strict
discipline academy to operate outside the boundaries of the
community college district, and a strict discipline academy
authorized by the board of a community college shall not operate
outside the boundaries of the community college district. The board
of a community college also may issue a contract for not more than
1 strict discipline academy to operate on the grounds of an active
or closed federal military installation located outside the
boundaries of the community college district, or may operate a
strict discipline academy itself on the grounds of such a federal
military installation, if the federal military installation is not
located within the boundaries of any community college district and
the community college has previously offered courses on the grounds
of the federal military installation for at least 10 years.
(d) The governing board of a state public university.
(3) To obtain a contract to organize and operate 1 or more
strict discipline academies, 1 or more persons or an entity may
apply to an authorizing body described in subsection (2). The
application shall include at least all of the following:
(a) Identification of the applicant for the contract.
(b) Subject to the resolution adopted by the authorizing body
under section 1311e, a list of the proposed members of the board of
directors of the strict discipline academy and a description of the
qualifications and method for appointment or election of members of
the board of directors.
(c) The proposed articles of incorporation, which shall
include at least all of the following:
(i) The name of the proposed strict discipline academy.
(ii) The purposes for the strict discipline academy
corporation that will operate the strict discipline academy. This
language shall provide that the strict discipline academy is
established
pursuant to sections 1311b to 1311l 1311m
and that the
strict discipline academy corporation is a governmental entity.
(iii) The name of the authorizing body.
(iv) The proposed time when the articles of incorporation will
be effective.
(v) Other matters considered expedient to be in the articles
of incorporation.
(d) A copy of the proposed bylaws of the strict discipline
academy.
(e) Documentation meeting the application requirements of the
authorizing body, including at least all of the following:
(i) The governance structure of the strict discipline academy.
(ii) A copy of the educational goals of the strict discipline
academy and the curricula to be offered and methods of pupil
assessment to be used by the strict discipline academy. To the
extent applicable, the progress of the pupils in the strict
discipline
academy shall be assessed using at least a Michigan
education
assessment program (MEAP) test or an assessment
instrument
developed under section 1279 for a state-endorsed high
school
diploma.both the mathematics
and reading portions of the
Michigan student test of education progress (M-STEP) or the
Michigan merit examination under section 1279g, as applicable.
(iii) The admission policy and criteria to be maintained by
the strict discipline academy. The admission policy and criteria
shall comply with section 1311g. This part of the application also
shall include a description of how the applicant will provide to
the general public adequate notice that a strict discipline academy
is being created and adequate information on the admission policy,
criteria, and process.
(iv) The school calendar and school day schedule.
(v) The age or grade range of pupils to be enrolled.
(vi) The type of pupils to be enrolled in the strict
discipline
academy, as described in section 1311g(3) and (4).to
(5).
(f) Descriptions of staff responsibilities and of the strict
discipline academy's governance structure.
(g) For an application to the board of a school district, an
intermediate school board, or board of a community college,
identification of the local and intermediate school districts in
which the strict discipline academy will be located.
(h) An agreement that the strict discipline academy will
comply
with the provisions of sections 1311b to 1311l 1311m
and,
subject to the provisions of these sections, with all other state
law applicable to public bodies and with federal law applicable to
public bodies or school districts.
(i) For a strict discipline academy authorized by a school
district, an assurance that employees of the strict discipline
academy will be covered by the collective bargaining agreements
that apply to other employees of the school district employed in
similar classifications in schools that are not strict discipline
academies.
(j) A description of and address for the proposed physical
plant in which the strict discipline academy will be located.
(4) An authorizing body shall oversee, or shall contract with
an intermediate school district, community college, or state public
university to oversee, each strict discipline academy operating
under a contract issued by the authorizing body. The oversight
shall be sufficient to ensure that the authorizing body can certify
that the strict discipline academy is in compliance with statute,
rules, and the terms of the contract.
(5)
If the state board finds superintendent
of public
instruction determines that an authorizing body is not engaging in
appropriate continuing oversight of 1 or more strict discipline
academies operating under a contract issued by the authorizing
body,
the state board may superintendent
of public instruction
shall suspend the power of the authorizing body to issue new
contracts to organize and operate public school academies under
part 6a, urban high school academies under part 6c, schools of
excellence under part 6e, and strict discipline academies under
sections 1311b to 1311m. A contract issued by the authorizing body
during
the suspension period in
which the authorizing body was not
engaging in appropriate continuing oversight, as determined by the
superintendent of public instruction, is void. A contract issued by
the
authorizing body before the suspension that period is not
affected by the suspension.
(6) If the superintendent of public instruction suspends the
power of an authorizing body to issue new contracts to organize and
operate public school academies under part 6a, urban high school
academies under part 6c, schools of excellence under part 6e, and
strict discipline academies under sections 1311b to 1311m, as
provided under subsection (5), the authorizing body may petition
the state board to reinstate its power to issue new contracts to
organize and operate public school academies under part 6a, urban
high school academies under part 6c, schools of excellence under
part 6e, and strict discipline academies under sections 1311b to
1311m. If the state board finds that the suspension by the
superintendent of public instruction is not arbitrary or
capricious, the state board shall establish benchmarks that the
authorizing body must meet, as determined by the state board, to
have its power reinstated to issue new contracts to organize and
operate public school academies under part 6a, urban high school
academies under part 6c, schools of excellence under part 6e, and
strict discipline academies under sections 1311b to 1311m.
(7) (6)
An authorizing body shall not
charge a fee, or require
reimbursement of expenses, for considering an application for a
contract, for issuing a contract, or for providing oversight of a
contract for a strict discipline academy in an amount that exceeds
a combined total of 3% of the total state school aid received by
the strict discipline academy in the school year in which the fees
or expenses are charged. The authorizing body shall provide to the
strict discipline academy board of directors an accounting of the
fees and reimbursements collected under this subsection specifying
how the specific funds collected from that strict discipline
academy were expended, including an itemized list of use and
purpose. An authorizing body may provide other services for a
strict discipline academy and charge a fee for those services, but
shall not require such an arrangement as a condition to issuing the
contract authorizing the strict discipline academy.
(8) At least annually, an authorizing body shall compile and
submit to the superintendent of public instruction and the state
board a compliance report showing the status of each strict
discipline academy operating under a contract issued by the
authorizing body regarding compliance with the statutory and
contractual requirements for operating the strict discipline
academy. If the superintendent of public instruction determines,
after a review of this report, that the authorizing body has an
active contract with a strict discipline academy that is not in
compliance with these requirements, the superintendent of public
instruction shall order the authorizing body to return all of the
fees collected under subsection (7) from that strict discipline
academy to the school aid fund.
(9) (7)
A strict discipline academy shall
be presumed to be
legally organized if it has exercised the franchises and privileges
of a strict discipline academy for at least 2 years.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.