Substitute For

HOUSE BILL NO. 5781

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2023; and to provide for the expenditure of the appropriations.

The people of the state of michigan enact:


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part 1

line-item appropriations

Sec. 101. There is appropriated for the department of education for the fiscal year ending September 30, 2023, from the following funds:

DEPARTMENT OF EDUCATION

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

615.5

 

 


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GROSS APPROPRIATION

 

$

415,681,100

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

 

ADJUSTED GROSS APPROPRIATION

 

$

415,681,100

Federal revenues:

 

 

 

Total federal revenues

 

 

302,950,800

Special revenue funds:

 

 

 

Total local revenues

 

 

5,878,600

Total private revenues

 

 

3,540,400

Total other state restricted revenues

 

 

9,919,700

State general fund/general purpose

 

$

93,391,600

Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

11.0

 

 

Unclassified salaries--FTE positions

6.0

$

1,078,900

Education commission of the states

 

 

120,800

State board of education, per diem payments

 

 

24,400

State board/superintendent operations--FTEs

11.0

 

2,483,700

GROSS APPROPRIATION

 

$

3,707,800

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

296,700

Special revenue funds:

 

 

 

Private foundations

 

 

28,100

Certification fees

 

 

820,600

State general fund/general purpose

 

$

2,562,400


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Sec. 103. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated classified positions

47.6

 

 

Central support operations--FTEs

38.6

$

6,161,400

Federal and private grants

 

 

3,000,000

Grant and contract operations--FTEs

9.0

 

2,786,200

Property management

 

 

3,755,900

Terminal leave payments

 

 

353,300

Training and orientation workshops

 

 

150,000

Worker's compensation

 

 

33,900

GROSS APPROPRIATION

 

$

16,240,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal indirect revenues

 

 

3,002,500

Federal revenues

 

 

6,270,900

Special revenue funds:

 

 

 

Private foundations

 

 

1,000,000

Certification fees

 

 

592,100

Teacher testing fees

 

 

4,700

Training and orientation workshop fees

 

 

150,000

State general fund/general purpose

 

$

5,220,500

Sec. 104. INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

4,938,300

GROSS APPROPRIATION

 

$

4,938,300

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal indirect revenues

 

 

1,951,000

Federal revenues

 

 

640,200


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Special revenue funds:

 

 

 

Certification fees

 

 

932,900

State general fund/general purpose

 

$

1,414,200

Sec. 105. SPECIAL EDUCATION SERVICES

 

 

 

Full-time equated classified positions

47.0

 

 

Special education operations--FTEs

47.0

$

9,431,900

GROSS APPROPRIATION

 

$

9,431,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

8,837,800

Special revenue funds:

 

 

 

Private foundations

 

 

111,300

Certification fees

 

 

47,500

State general fund/general purpose

 

$

435,300

Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

 

 

 

Full-time equated classified positions

82.0

 

 

ASL literacy resources

 

$

1,000,000

Camp Tuhsmeheta--FTE

1.0

 

1,801,000

Low incidence outreach program

 

 

1,000,000

Michigan schools for the deaf and blind operations--FTEs

81.0

 

13,680,700

Private gifts - blind

 

 

200,000

Private gifts - deaf

 

 

150,000

GROSS APPROPRIATION

 

$

17,831,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

7,596,000


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Special revenue funds:

 

 

 

Local cost sharing (schools for deaf/blind)

 

 

5,878,600

Gifts, bequests, and donations

 

 

2,151,000

Low incidence outreach fund

 

 

1,000,000

Student insurance revenue

 

 

206,100

State general fund/general purpose

 

$

1,000,000

Sec. 107. EDUCATOR EXCELLENCE

 

 

 

Full-time equated classified positions

49.0

 

 

Educator excellence operations--FTEs

48.0

$

9,588,900

Educator recruitment and preparation programs--FTE

1.0

 

1,670,000

Teacher license renewals

 

 

280,000

GROSS APPROPRIATION

 

$

11,538,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

3,168,400

Special revenue funds:

 

 

 

Certification fees

 

 

4,165,900

Teacher testing fees

 

 

201,500

State general fund/general purpose

 

$

4,003,100

Sec. 108. MICHIGAN OFFICE OF GREAT START

 

 

 

Full-time equated classified positions

66.0

 

 

Child development and care contracted services

 

 

12,400,000

Child development and care external support

 

 

31,178,300

Child development and care public assistance

 

 

199,080,000

Head start collaboration office--FTE

1.0

 

322,900

Office of great start operations--FTEs

65.0

 

13,713,200


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T.E.A.C.H. Early Childhood Michigan scholarship program

 

 

5,000,000

GROSS APPROPRIATION

 

$

261,694,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

220,388,300

Special revenue funds:

 

 

 

Private foundations

 

 

250,000

Certification fees

 

 

64,600

State general fund/general purpose

 

$

40,991,500

Sec. 109. SYSTEMS, EVALUATION, AND TECHNOLOGY

 

 

 

Full-time equated classified positions

10.0

 

 

Office of systems, evaluation, and technology operations--FTEs

10.0

$

2,023,900

GROSS APPROPRIATION

 

$

2,023,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal indirect revenues

 

 

142,000

Federal revenues

 

 

1,001,300

Special revenue funds:

 

 

 

Certification fees

 

 

10,700

State general fund/general purpose

 

$

869,900

Sec. 110. STRATEGIC PLANNING AND IMPLEMENTATION

 

 

 

Full-time equated classified positions

6.0

 

 

Strategic planning and implementation operations--FTEs

6.0

$

1,105,200

GROSS APPROPRIATION

 

$

1,105,200

Appropriated from:

 

 

 


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Federal revenues:

 

 

 

Federal revenues

 

 

570,400

State general fund/general purpose

 

$

534,800

Sec. 111. ADMINISTRATIVE LAW SERVICES

 

 

 

Full-time equated classified positions

2.0

 

 

Administrative law operations--FTEs

2.0

$

1,439,900

GROSS APPROPRIATION

 

$

1,439,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

585,100

Special revenue funds:

 

 

 

Certification fees

 

 

749,000

State general fund/general purpose

 

$

105,800

Sec. 112. ACCOUNTABILITY SERVICES

 

 

 

Full-time equated classified positions

63.6

 

 

Accountability services operations--FTEs

63.6

$

14,770,200

GROSS APPROPRIATION

 

$

14,770,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

12,851,000

State general fund/general purpose

 

$

1,919,200

Sec. 113. SCHOOL SUPPORT SERVICES

 

 

 

Full-time equated classified positions

74.6

 

 

Adolescent and school health

 

$

328,100

School support services operations--FTEs

74.6

 

13,983,400

GROSS APPROPRIATION

 

$

14,311,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 


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Federal revenues

 

 

12,872,300

Special revenue funds:

 

 

 

Commodity distribution fees

 

 

71,700

State general fund/general purpose

 

$

1,367,500

Sec. 114. EDUCATIONAL SUPPORTS

 

 

 

Full-time equated classified positions

82.7

 

 

Educational supports operations--FTEs

82.7

$

17,139,300

GROSS APPROPRIATION

 

$

17,139,300

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

12,976,100

Special revenue funds:

 

 

 

Certification fees

 

 

602,400

State general fund/general purpose

 

$

3,560,800

Sec. 115. CAREER AND TECHNICAL EDUCATION

 

 

 

Full-time equated classified positions

28.0

 

 

Career and technical education operations--FTEs

28.0

$

5,454,700

GROSS APPROPRIATION

 

$

5,454,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

4,062,200

State general fund/general purpose

 

$

1,392,500

Sec. 116. LIBRARY OF MICHIGAN

 

 

 

Full-time equated classified positions

33.0

 

 

Library of Michigan operations--FTEs

31.0

$

5,032,000

Library pilot program

 

 

800,000

Library services and technology program--FTE

1.0

 

5,624,100

Michigan eLibrary--FTE

1.0

 

1,732,200


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Renaissance zone reimbursements

 

 

2,200,000

State aid to libraries

 

 

15,067,700

GROSS APPROPRIATION

 

$

30,456,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

5,624,100

Special revenue funds:

 

 

 

Library fees

 

 

300,000

State general fund/general purpose

 

$

24,531,900

Sec. 117. PARTNERSHIP DISTRICT SUPPORT

 

 

 

Full-time equated classified positions

13.0

 

 

Partnership district support operations--FTEs

13.0

$

3,596,600

GROSS APPROPRIATION

 

$

3,596,600

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

114,500

State general fund/general purpose

 

$

3,482,100

Sec. 118. ONE-TIME APPROPRIATIONS

 

 

 

Data systems development

 

$

100

GROSS APPROPRIATION

 

$

100

State general fund/general purpose

 

$

100

 

part 2

provisions concerning appropriations

for fiscal year 2022-2023

general sections

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2022-2023 is $103,311,300.00 and state


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spending from state sources to be paid to local units of government for fiscal year 2022-2023 is $18,067,700.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF EDUCATION

 

 

 

Library pilot program

 

 

800,000

Renaissance zone reimbursements

 

 

2,200,000

State aid to libraries

 

 

15,067,700

TOTAL

 

$

18,067,700

Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. As used in this part and part 1:

(a) "Department" means the Michigan department of education.

(b) "DHHS" means the Michigan department of health and human services.

(c) "District" means a local school district as that term is defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a public school academy as that term is defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.

(d) "FTE" means full-time equated.

(e) "HHS" means the United States Department of Health and Human Services.

Sec. 204. The departments and agencies receiving appropriations in part 1 shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement, or it shall include placement of reports on an internet site.


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Sec. 205. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261:

(a) Funds appropriated in part 1 must not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.

(b) Preference must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.

(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.

Sec. 206. From the funds appropriated in part 1, the state superintendent of public instruction shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The state superintendent of public instruction shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.

Sec. 207. Consistent with section 217 of the management and budget act, 1984 PA 431, MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be


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submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report must include the following information:

(a) The dates of each travel occurrence.

(b) The total transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.

Sec. 208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.

Sec. 209. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.

Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.


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(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $400,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $250,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,500,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 211. From the funds appropriated in part 1, the department shall provide to the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for the department:

(a) Fiscal year-to-date expenditures by category.

(b) Fiscal year-to-date expenditures by appropriation unit.

(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.

(d) The number of active department employees by job


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classification.

(e) Job specifications and wage rates.

Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.

Sec. 213. From the funds appropriated in part 1, the department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department's performance.

Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are estimated at $13,385,100.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $8,126,500.00. Total agency appropriations for retiree health care legacy costs are estimated at $5,258,600.00.

Sec. 215. From the funds appropriated in part 1, the department shall provide through the internet the state board of education agenda and all supporting documents, and shall notify the state budget director and the senate and house fiscal agencies that the agenda and supporting documents are available on the internet, at the time the agenda and supporting documents are provided to state board of education members.


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Sec. 216. (1) On a quarterly basis, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

(a) The number of FTEs in pay status by type of staff and civil service classification.

(b) A comparison by line item of the number of FTEs authorized from funds appropriated in part 1 to the actual number of FTEs employed by the department at the end of the reporting period.

(2) By March 1 of the current fiscal year, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

(a) Number of employees that were engaged in remote work in 2022.

(b) Number of employees authorized to work remotely and the actual number of those working remotely in the current reporting period.

(c) Estimated net cost savings achieved by remote work.

(d) Reduced use of office space associated with remote work.

Sec. 217. From the funds appropriated in part 1, the department may assist the DHHS, other departments, intermediate school districts, and local school districts to secure reimbursement for eligible services provided in Michigan schools from the federal Medicaid program. The department may submit reports of direct expenses related to this effort to the DHHS for reimbursement.


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Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this article for the particular department, board, commission, officer, or institution.

Sec. 219. A state department, agency, board, or commission that receives funding under part 1 shall not permit a state employee who was not working remotely, either full-time or part-time, before February 28, 2020 to work remotely, either full-time or part-time, during the current fiscal year.

Sec. 220. From the funds appropriated in part 1, the department shall post on its website a link to the federal Institute of Education Sciences' What Works Clearinghouse. The department also shall work to disseminate knowledge about the What Works Clearinghouse to districts and intermediate districts so that it may be used to improve reading proficiency for pupils in grades K to 3.

Sec. 221. From the funds appropriated in part 1, the department shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house appropriations committees, the senate and house subcommittees responsible for the department budget, the joint committee on administrative rules, and the senate and house fiscal agencies.

Sec. 222. Funds appropriated in part 1 shall not be used by the department or departmental agency to take disciplinary action


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against an employee of the department or departmental agency in the state classified civil service because the employee communicates with a member of the legislature or his or her staff, unless the communication is prohibited by law and the department or departmental agency taking disciplinary action is exercising its authority as provided by law.

Sec. 223. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.

Sec. 224. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is exhausted.

Sec. 225. (1) From the funds appropriated in part 1, the department shall do all of the following:

(a) Report to the house and senate appropriations committees, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office any amounts of severance pay for the department director, deputy director, or other high-ranking department officials not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

(b) Maintain an internet site that posts any severance pay in excess of 6 weeks of wages, regardless of the position held by the former department employee receiving severance pay.

(c) By February 1, report to the house and senate


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appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2022 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2022.

(2) As used in this section, "severance pay" means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

Sec. 226. From the funds appropriated in part 1, the department shall coordinate with the other departments to streamline state services and resources, reduce duplication, and increase efficiency. This includes, but is not limited to, working with the department of treasury to coordinate with the financial independence team and overseeing deficit districts and working with the DHHS and department of licensing and regulatory affairs to coordinate with early childhood programs and overseeing child care providers.

Sec. 227. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine


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passport.

(c) Develop a database or make any existing database publicly available to access an individual's COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual's COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual's COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual's health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot


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be met because of religious convictions or other consistently held objection to immunization.

(5) As used in this section, "public officer" means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.

Sec. 228. (1) As a condition of receiving appropriations in part 1, in collaboration with the DHHS, the department shall promote and support initiatives in schools and other educational organizations that include, but are not limited to, training for educators, teachers, and other personnel in school settings for all of the following:

(a) Utilization of trauma-informed practices.

(b) Age-appropriate education and information on human trafficking.

(c) Age-appropriate education and information on sexual abuse prevention.

(2) Upon request by the department, the department of state police and the department of attorney general shall consult in the promotion and support of initiatives in schools and other educational organizations under subsection (1).

Sec. 229. As a condition of receiving funds appropriated in part 1, the department shall not submit federal accountability plans or request amendments to federal accountability plans until after notification of the content to both the house and senate appropriations committees, house and senate fiscal agencies, and the state budget director.

Sec. 230. From the funds appropriated in part 1, the department shall compile a report that identifies any new mandates


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required of nonpublic schools or the lack of any new mandates for nonpublic schools. In compiling the report, the department may consult with relevant statewide education associations in Michigan. The report compiled by the department shall indicate the type of mandate, including, but not limited to, student health, student or building safety, accountability, and educational requirements, and shall indicate whether a school has to report on the specified mandates. The report required under this section shall be completed by April 1, 2023 and transmitted to the state budget director, the house and senate appropriations subcommittees responsible for the department, and the senate and house fiscal agencies not later than April 15, 2023.

Sec. 232. From the funds appropriated in part 1, the department shall ensure that the most recently issued report of regional in-demand occupations issued by the department of technology, management, and budget is distributed in electronic or paper form to all high schools in each school district, intermediate school district, and public school academy.

Sec. 235. (1) From the funds appropriated in part 1, the department shall administer a survey that allows teachers, paraprofessionals, and administrators to provide feedback on their interactions with the department.

(2) The department shall administer the survey required in subsection (1) with a focus on the following interactions:

(a) Any transaction that occurs through the Michigan Online Educator Certification System.

(b) Professional development that is offered or coordinated by the department.

(3) The survey required under subsection (1) must include, but


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is not limited to, the following:

(a) Information on a survey recipient's viewpoint of the department and rating of their interactions under subsection (2).

(b) The recipient's insight on the department's effectiveness in achieving goals within Michigan's Top 10 Strategic Education Plan.

(4) The department shall prepare a report of the survey required under subsection (1), including a summary of the survey results, and shall submit that report to the senate and house appropriations committees by June 1, 2023. It is the intent of the legislature that the usefulness of this report in decision making, and need to maintain reporting requirements, shall be assessed in the fiscal year 2025-2026.

Sec. 236. The department, in collaboration with the state budget office, shall prepare a report on rural transportation funding and shall submit that report to the senate and house appropriations committees by January 1, 2023. The report must include all of the following information:

(a) A description of the unique and extenuating circumstances rural school districts face in providing all students within their district with equitable transportation services.

(b) The main factors driving transportation costs for rural school districts.

(c) The transportation costs of all districts.

(d) A breakdown of the per-pupil transportation cost for all districts.

 

STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT

Sec. 301. (1) The appropriations in part 1 may be used for per


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diem payments to the state board for meetings at which a quorum is present or for performing official business authorized by the state board. The per diem payments shall be at a rate as follows:

(a) State board of education - president - $110.00 per day.

(b) State board of education - member other than president - $100.00 per day.

(2) A state board of education member shall not be paid a per diem for more than 30 days per year.

 

SPECIAL EDUCATION SERVICES

Sec. 350. From the funds in part 1 for special education operations, the department shall use $100,000.00 to design and distribute to all parents and legal guardians of a student with a disability information about federal and state mandates regarding the rights and protections of students with disabilities, including, but not limited to, individualized education programs to ensure that parents and legal guardians are fully informed about laws, rules, procedural safeguards, problem-solving options, and any other information the department determines is necessary so that parents and legal guardians may be able to provide meaningful input in collaboration with districts to develop and implement an individualized education program.

 

MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

Sec. 401. From the funds appropriated in part 1, the employees at the Michigan Schools for the Deaf and Blind who work on a school-year basis are considered annual employees for purposes of service credits, retirement, and insurance benefits.

Sec. 402. For each student enrolled at the Michigan Schools


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for the Deaf and Blind, the department shall assess the intermediate school district of residence 100% of the cost of operating the student's instructional program. The amount shall exclude room and board related costs and the cost of weekend transportation between the school and the student's home.

Sec. 406. (1) From the funds appropriated in part 1, the Michigan Schools for the Deaf and Blind may promote its residential program as a possible appropriate option for children who are deaf or hard of hearing or who are blind or visually impaired. The Michigan Schools for the Deaf and Blind shall distribute information detailing its services to all intermediate school districts in this state.

(2) Upon knowledge of or recognition by an intermediate school district that a child in the district is deaf or hard of hearing or blind or visually impaired, the intermediate school district shall provide to the parents of the child the literature distributed by the Michigan Schools for the Deaf and Blind to intermediate school districts under subsection (1).

(3) Parents will continue to have a choice regarding the educational placement of their deaf or hard-of-hearing children.

Sec. 407. Revenue received by the Michigan Schools for the Deaf and Blind from gifts, bequests, and donations that is unexpended at the end of the state fiscal year may be carried over to the succeeding fiscal year and shall not revert to the general fund.

Sec. 408. (1) The funds appropriated in part 1 for the low incidence outreach fund are appropriated from money collected by the Michigan Schools for the Deaf and Blind and the low incidence outreach program for providing qualified services and may be used


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for any expenses necessary to provide the qualified services. Any money that is unexpended at the end of the current fiscal year may be carried forward into the succeeding fiscal year.

(2) As used in this section, "qualified services" means document reproduction and services; conducting conferences, workshops, and training classes; and providing specialized equipment, facilities, and software.

Sec. 409. When conducting a due process hearing resulting from a parent's appeal of his or her child's individualized education program team's decision on the child's educational placement, a state administrative law judge shall consider designating the Michigan School for the Deaf as 1 of the options for the least restrictive environment under federal law for the parent's child who is deaf, deafblind, or hard of hearing.

Sec. 410. From the funds appropriated in part 1 for ASL literacy resources, the department shall expend the funds to comply with all requirements in House Bill No. 5777 of the 101st Legislature. Funds appropriated in part 1 for ASL literacy resources must not be spent or otherwise distributed unless House Bill No. 5777 of the 101st Legislature is enacted into law.

 

EDUCATOR EXCELLENCE

Sec. 501. From the funds appropriated in part 1 for educator excellence, the department shall maintain certificate revocation/felony conviction files of educational personnel.

Sec. 502. The funds appropriated in part 1 for teacher license renewals shall be used to implement a program to waive fees or associated costs for former teachers whose teaching licenses have expired.


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Sec. 503. From the funds appropriated in part 1, the department shall, upon request, consult with the Michigan Virtual Learning Research Institute and external stakeholders in connection with the department's implementation and administration of professional development training described in section 35a of the state school aid act of 1979, 1979 PA 94, MCL 388.1635a, including, but not limited to, the online training of educators of pupils in grades K to 3 described in that section.

Sec. 504. From the funds appropriated in part 1 for educator recruitment and preparation programs, the department shall award $1,000,000.00 to districts for educator preparation program tuition, program fees, testing fees, and substitute permit costs for any individual employed in grades pre-k to 12 working toward certification or an additional endorsement, and for program costs associated with hands-on learning experiences for students in grades 6 to 12 interested in the field of education, with supervision and mentoring from educators who are champions of, and committed to, the success of the profession.

Sec. 505. From the funds appropriated in part 1 for educator recruitment and preparation programs, not less than $190,000.00 and not fewer than 1.0 FTE positions are allocated for educator recruitment and preparation programs. These amounts are in addition to any funding and FTEs utilized for this purpose in the fiscal year ending September 30, 2023.

Sec. 506. Revenue received from teacher testing fees that is unexpended at the end of the current fiscal year may be carried over to the succeeding fiscal year and shall not revert to the general fund.

Sec. 507. From the funds appropriated in part 1, the


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department shall adopt a teacher certification test that ensures that all newly certified elementary teachers have the skills to deliver evidence-based literacy instruction. The department may use teacher certification or teacher testing fee revenue to the extent allowable under law to implement this section, or may pass along increased testing fees to teachers as allowable and appropriate.

 

SCHOOL SUPPORT SERVICES

Sec. 601. From the funds appropriated in part 1 for adolescent and school health, there is appropriated $328,100.00 to replace federal funding reductions from the HHS - Centers for Disease Control and Prevention to the department and section 39a(2)(a) of the state school aid act of 1979, 1979 PA 94, MCL 388.1639a.

 

EDUCATIONAL SUPPORTS

Sec. 701. (1) From the funds appropriated in part 1 for educational supports, the department shall produce a report detailing the progress made by districts with grades K to 12 receiving at-risk funding under section 31a of the state school aid act of 1979, 1979 PA 94, MCL 388.1631a, in implementing multitiered systems of supports in the prior school fiscal year for grades K to 12, and in providing reading intervention services described in section 1280f of the revised school code, 1976 PA 451, MCL 380.1280f, for pupils in grades K to 12.

(2) The report described in subsection (1) shall include, at a minimum:

(a) A description of the training, coaching, and technical assistance offered by the department to districts to support the implementation of effective multitiered systems of supports and


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reading intervention programs.

(b) A list of districts determined by the department to have successfully implemented multitiered systems of supports and reading intervention programs.

(c) A list of best practices that the department has identified that may be used by districts to implement multitiered systems of supports and reading intervention programs.

(d) Other information the department determines would be useful to understanding the status of districts' implementation of effective multitiered systems of supports and reading intervention programs.

(3) The department shall provide the report described in subsection (1) to the state budget director, the house and senate subcommittees that oversee the department and school aid budgets, and the house and senate fiscal agencies by September 30, 2023.

Sec. 702. From the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for implementation costs associated with programs for early childhood literacy funded under section 35a of the state school aid act of 1979, 1979 PA 94, MCL 388.1635a.

 

LIBRARY OF MICHIGAN

Sec. 801. (1) The funds appropriated in part 1 for library fees are appropriated from money collected by the library of Michigan for providing qualified services and may be used for any expenses necessary to provide the qualified services. Any money that is unexpended at the end of the current fiscal year may be carried forward into the succeeding fiscal year.

(2) As used in this section, "qualified services" means


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document reproduction and services; conducting conferences, workshops, and training classes; and providing specialized equipment, facilities, and software.

Sec. 802. (1) From the funds appropriated in part 1 for school library pilot program, the department shall award library pilot program grants to school districts headquartered in 4 counties. The grants shall be used to contract for the administration of libraries of a school district by a librarian with a public librarian certificate issued by the library of Michigan. A grant to a school district may not exceed $10,000.00 per library facility. A district must employ a certified school media specialist to be eligible for this grant. The 4 counties that are eligible for school districts to receive grants shall include:

(a) One county with a population between 600,000 and 700,000 according to the 2020 federal decennial census.

(b) One county with a population between 10,800 and 11,000 according to the 2020 federal decennial census.

(c) One county with a population between 400,000 and 500,000 according to the 2020 federal decennial census.

(d) One county with a population between 154,315 and 154,500 according to the 2020 federal decennial census.

(2) The department may contract with the Michigan library association for assistance in administering the pilot program provided for in subsection (1).

(3) A librarian providing contractual services under the pilot program provided for in subsection (1) may not provide library or educational services to a pupil unless the librarian has a valid Michigan teaching certificate with a library of science endorsement.


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Sec. 804. (1) The funds appropriated in part 1 for renaissance zone reimbursements shall be used to reimburse public libraries under section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied in 2022. 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.

(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 public libraries.

 

MICHIGAN OFFICE OF GREAT START

Sec. 1002. From the funds appropriated in part 1, the department shall ensure that the final child development and care provider reimbursement rates are published on the department and Great Start to Quality webpages.

Sec. 1003. (1) From the funds appropriated in part 1 for child development and care contracted service, the department shall provide the house and senate appropriations subcommittees on the department budget with an annual report on all funding appropriated to contracts for the early childhood comprehensive systems planning by this state during the previous fiscal year. The report is due by February 15 and must contain at least the following information:

(a) Total funding appropriated to contracts for the early childhood comprehensive systems planning by the state during the previous fiscal year.

(b) The amount of funding for each grant awarded.


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(c) The grant recipients.

(d) The activities funded by each grant.

(e) An analysis of each grant recipient's success in addressing the development of a comprehensive system of early childhood services and supports.

(2) All department contracts for early childhood comprehensive systems planning shall be bid out through a statewide request-for-proposal process.

Sec. 1004. From the funds appropriated in part 1 for the T.E.A.C.H. Early Childhood Michigan Scholarship Program, the department shall ensure that $5,000,000.00 is appropriated to the T.E.A.C.H. Early Childhood Michigan Scholarship Program. The program shall give preference to the following providers:

(a) Providers that currently have a great start to quality star rating or are in the process to receive a star rating.

(b) Providers that are seeking to increase their great start to quality star rating and are only restricted from receiving the increased rating because they lack employees with the proper education level.

Sec. 1007. (1) From the funds appropriated in part 1 for child development and care - external support, the department shall create progress reports that shall include, but are not limited to, the following:

(a) Both the on-site and off-site activities that are intended to improve child care provider quality and the number of times those activities are performed by the licensing consultants.

(b) How many on-site visits a single licensing consultant has made since the start of the current fiscal year.

(c) The types of on-site visits and the number of visits for


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each type that a single consultant has made since the start of the current fiscal year.

(d) The number of providers that have improved their quality rating since the start of the current fiscal year compared to the same time period in the preceding fiscal year, reported as the number of providers in each regional prosperity zone.

(e) The types of activities that are intended to improve licensing consultant performance and child care provider quality and the number of times those activities are performed by the managers and administrators.

(2) The progress reports shall be sent to the state budget director, the house and senate subcommittees that oversee the department, and the house and senate fiscal agencies by April 1, 2023 and September 30, 2023.

Sec. 1008. From the amount appropriated in part 1 for office of great start operations, the department shall ensure efficient service provisions to coordinate services provided to families for home visits, reduce duplication of state services and spending, and increase efficiencies including the home visits funded under section 32p of the state school aid act of 1979, 1979 PA 94, MCL 388.1632p, and work with the DHHS as necessary.

Sec. 1009. (1) Except as otherwise provided in this section, from the funds appropriated in part 1 for child development and care public assistance, the income entrance eligibility threshold for the child development and care program is set to not more than 185% of the federal poverty guidelines.

(2) If the average number of children under the total paid children column, as reported by the DHHS child development and care program Table 41 from the published DHHS Green Book, is more than


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40,000 children for 3 consecutive months, then the department shall do both of the following:

(a) As determined by the department, create a waiting list for new children entering the child development and care program.

(b) Begin the administrative process to decrease the income entrance eligibility threshold to not less than 160% of the federal poverty guidelines for the following month.

(3) If the fiscal year average number of children under the total paid children column, as reported by the DHHS child development and care program Table 41 from the published DHHS Green Book, is less than 32,000 children by March 31, 2023, then the department may increase the income entrance eligibility threshold up to 200% of the federal poverty guidelines.

Sec. 1010. As a condition of receiving funds in part 1, within 10 days of the receipt of changes to the federal child care and development program, the department shall notify the house and senate chairpersons of the appropriations subcommittees responsible for the department budget, the house and senate fiscal agencies, and the state budget director. The notification shall include, but is not limited to:

(a) Changes to the federal matching award amount, including the amount of state resources necessary to draw down the total matching award.

(b) Changes to the amount of child care and development block grant that is awarded to this state.

(c) Any significant changes to the federal requirements on the child development and care program, indicating any new requirements that would require the appropriation of additional dollars.

Sec. 1011. From the funds appropriated in part 1 for child


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development and care public assistance, the department shall implement a biweekly block reimbursement rate schedule through the following block segments:

(a) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid part-time hours between 1 to 30 hours, shall be reimbursed at the hourly reimbursement rate.

(b) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid part-time hours between 31 to 60 hours, shall be reimbursed as 60 hours.

(c) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid full-time hours between 61 to 80 hours, shall be reimbursed as 80 hours.

(d) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid full-time plus hours between 81 to 90 hours, shall be reimbursed as 90 hours.

(e) The block segment for a biweekly block reimbursement rate schedule for license exempt providers shall be reimbursed at their current hourly reimbursement rates.

 

One-TIME APPROPRIATIONS

Sec. 1101. (1) From the funds appropriated in part 1 for data systems development, the department is allocated $100.00 to do the following:

(a) Establish and lead a Michigan data analytics governing board that ensures coordination across state agencies with


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oversight by the department of technology, management, and budget. This coordination must include, but is not limited to, the merging of state sets from different state agencies to fulfill aggregate data requests from policy makers, education, program providers, and research institutions to provide for a better understanding of the efficacy of state and local education and workforce development activities.

(b) Create a portal, managed by the department of technology, management, and budget, to establish a clear entry for aggregated data requests and a repository of fulfilled requests that includes clear rules for access to public state data.

(c) In collaboration with CEPI, expand the P-20 longitudinal data system advisory council to include the following members:

(i) One representative who represents the interests of the Michigan Education Research Institute (MERI).

(ii) Two directors who represent the interests of Michigan Works!.

(iii) Three individuals who represent the interests of businesses or industries.

(iv) Appointees appointed by the governor from a list of nominees submitted by the speaker of the house of representatives and senate majority leader.

(d) In collaboration with CEPI, expand the role of the P-20 longitudinal data system advisory council to see that it ensures that data it receives are understood and used correctly, that requests for aggregate data are delivered in a timely manner, and that the data are used to inform state policy and appropriations.

(e) Improve and expand the grade K to age 16 data made available through the MiSchoolData by expanding it to include pre-K


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and making data more usable for research.

(f) Upgrade the state longitudinal data system, including, but not limited to, upgrading back-end systems in local and state agencies, establishing the capability to merge data sets for individuals from birth to death, and ensuring data security and privacy.

(g) Assign a unique identifier code to every individual in this state at first engagement with state government, removing the Social Security number as a primary identifier of individuals.

(h) Expand the Michigan unemployment insurance agency's form, UC 1017, by adding all of the following in the requested information portion of the form and require that the form is collected at least twice annually with the first and third employer filing:

(i) Job title.

(ii) Primary job location.

(iii) Hours worked.

(i) Upgrade the information technology for the department of technology, management, and budget's analytic services.

(2) It is the intent of the legislature that funding will be appropriated continually to increase the department of technology, management, and budget's staff to manage the data system and fulfill requests and that funding will be appropriated continually for FTEs in state agencies who manage departmental or agency data, including, but not limited to, the department, CEPI, the department of labor and economic opportunity, the department of health and human services, the department of corrections, and the department of treasury.