HOUSE BILL NO. 4048
January 27, 2021, Introduced by Reps. Paquette,
Albert, Bellino, Posthumus, Hornberger, Lightner and Yaroch and referred to
the Committee on Appropriations.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending section 11 (MCL 388.1611), as amended by 2020 PA 165, and by adding sections 11n, 23b, 23c, 23d, 98b, and 104a.
the people of the state of michigan enact:
Sec. 11. (1) For the fiscal year ending September 30, 2020, there is appropriated for the public schools of this state and certain other state purposes relating to education the sum of $12,829,470,800.00 from the state school aid fund, the sum of $104,660,000.00 from the general fund, an amount not to exceed $75,900,000.00 from the community district education trust fund created under section 12 of the Michigan trust fund act, 2000 PA 489, MCL 12.262, an amount not to exceed $9,717,800.00 from the talent investment fund created under section 8a of the higher education loan authority act, 1975 PA 222, MCL 390.1158a, an amount not to exceed $31,900,000.00 from the MPSERS retirement obligation reform reserve fund, and an amount not to exceed $100.00 from the water emergency reserve fund. For the fiscal year ending September 30, 2021, there is appropriated for the public schools of this state and certain other state purposes relating to education the sum of $13,589,621,600.00 $13,952,621,600.00 from the state school aid fund, the sum of $50,964,700.00 $50,964,600.00 from the general fund, an amount not to exceed $77,700,000.00 from the community district education trust fund created under section 12 of the Michigan trust fund act, 2000 PA 489, MCL 12.262, and an amount not to exceed $100.00 from the water emergency reserve fund. In addition, all available federal funds are appropriated for the fiscal years year ending September 30, 2020 and September 30, 2021.
(2) The appropriations under this section are allocated as provided in this article. Money appropriated under this section from the general fund must be expended to fund the purposes of this article before the expenditure of money appropriated under this section from the state school aid fund.
(3) Any general fund allocations under this article that
are not expended by the end of the fiscal year are transferred to the school
aid stabilization fund created under section 11a.
Sec. 11n. From the federal funds appropriated under
section 11, there is allocated for 2020-2021 an amount not to exceed $125,658,839.00
from the federal funding awarded to this state from the governor's emergency
education relief (GEER) fund under the coronavirus response and relief
supplemental appropriations act, 2021, Public Law 116-260, and there is allocated
for 2020-2021 an amount not to exceed $1,656,308,286.00 from the federal
funding awarded to this state from the elementary and secondary school
emergency relief (ESSER) fund under the coronavirus response and relief
supplemental appropriations act, 2021, Public Law 116-260. As required under
the coronavirus response and relief supplemental appropriations act, 2021,
Public Law 116-260, the governor shall submit a signed certification and
agreement for the emergency assistance to nonpublic schools program to the
United States Department of Education by not later than February 8, 2021.
Sec. 23b. (1) From the federal funding
allocated under section 11n awarded to this state from the elementary and
secondary school emergency relief (ESSER) fund under the coronavirus response
and relief supplemental appropriations act, 2021, Public Law 116-260, there is
allocated for 2020-2021 an amount not to exceed $157,350,000.00 to eligible
districts and eligible intermediate districts described in subsection (4) to be
used for COVID-19 remediation services in the manner described in subsection (6).
(2)
The funds allocated under subsection (1) must be distributed by the department
as follows:
(a)
An amount not to exceed $90,000,000.00 for summer programs that are offered as
part of COVID-19 remediation services under this section.
(b)
An amount not to exceed $45,000,000.00 for credit recovery programs that are
offered as part of COVID-19 remediation services under this section.
(c)
An amount not to exceed $22,350,000.00 for before-school, after-school, or
before-and-after school programs that are offered as part of COVID-19
remediation services under this section.
(3)
Except as otherwise provided in this subsection, to receive funding under this
section, a district or intermediate district must apply for the funding in a
form and manner prescribed by the department. An application for funding under
this section must be submitted to the department by not later than March 15,
2021.
(4)
A district or intermediate district that meets all of the following is an
eligible district or eligible intermediate district under this section:
(a)
In its application for funding under this section, the district or intermediate
district pledges to provide COVID-19 remediation services to eligible pupils.
(b)
In its application for funding under this section, the district or intermediate
district includes a COVID-19 remediation services plan. A plan described in
this subdivision must include at least all of the following, as applicable:
(i) For COVID-19 remediation services that include
a summer program, all of the following:
(A)
A description of the summer program.
(B)
The number of potential eligible pupils that will enroll or the number of
eligible pupils enrolled in the summer program.
(C)
An estimate of costs for the preparation and implementation of the summer
program.
(ii) For COVID-19 remediation services that include
a credit recovery program, all of the following:
(A)
A description of the credit recovery program.
(B)
The number of potential eligible pupils that will enroll or the number of
eligible pupils enrolled in the credit recovery program.
(C)
An estimate of costs for the preparation and implementation of the credit
recovery program.
(iii) For COVID-19 remediation services that include
a before-school, after-school, or before-and-after school program, all of the
following:
(A)
A description of the before-school, after-school, or before-and-after school
program.
(B)
The number of potential pupils that will enroll or the number of eligible pupils
enrolled in the before-school, after-school, or before-and-after school
program.
(C)
An estimate of costs for the preparation and implementation of the before-school,
after-school, or before-and-after school program.
(D)
Assurance that the before-school, after-school, or before-and-after school
program is designed to emphasize remediation for eligible pupils.
(c)
Information concerning whether or not the district or intermediate district
intends to contract for services as described in subsection (6)(a) in providing
a summer program, credit recovery program, or before-school, after-school, or
before-and-after school program as part of its COVID-19 remediation services
under this section.
(5)
Subject to subsections (2) and (7), from the funding allocated under subsection
(1), the department shall pay each eligible district and each eligible
intermediate district all of the following, as applicable:
(a)
An amount equal to $550.00 for each eligible pupil that, based on the
application for funding under this section, will be enrolled or is enrolled in
the eligible district's or eligible intermediate district's summer program, as
applicable, offered as part of the eligible district's or eligible intermediate
district's COVID-19 remediation services under this section.
(b)
An amount equal to $550.00 for each eligible pupil that, based on the
application for funding under this section, will be enrolled or is enrolled in
the eligible district's or eligible intermediate district's credit recovery program,
as applicable, offered as part of the eligible district's or eligible
intermediate district's COVID-19 remediation services under this section.
(c)
An amount not to exceed $25,000.00 to each eligible district or eligible
intermediate district for its before-school, after-school, or before-and-after
school program offered as part of its COVID-19 remediation services under this
section.
(6)
An eligible district or eligible intermediate district that receives funding
under this section shall only use that funding to provide COVID-19 remediation
services to eligible pupils. All of the following apply for purposes of this
subsection:
(a)
An eligible district or eligible intermediate district may contract with public
or private entities, other districts or intermediate districts, or a consortium
of other districts or intermediate districts to provide COVID-19 remediation
services under this section.
(b)
An eligible intermediate district may provide its COVID-19 remediation services
to its constituent districts to provide to eligible pupils.
(8)
In awarding funding under this section, the department shall prioritize funding
under this section that is distributed for before-school, after-school, and
before-and-after school programs offered as part of COVID-19 remediation
services under this section to the following eligible districts or eligible
intermediate districts that offer those programs as part of their COVID-19
remediation services:
(a)
Eligible districts or eligible intermediate districts with the highest number
of eligible pupils who, based on the application for funding under this
section, will enroll or are enrolled in the program.
(b)
Eligible districts or eligible intermediate districts with the largest size
program.
(c)
Eligible districts or eligible intermediate districts with the highest amount
of costs for the program.
(9)
A before-school, after-school, or before-and-after school program that is
offered as part of COVID-19 remediation services under this section must be
provided to eligible pupils in a manner in which the eligible pupils are in
person at a school building designated by the eligible district or eligible
intermediate district providing the program. A before-school, after-school, or
before-and-after school program that is offered as part of COVID-19 remediation
services under this section must provide educational programming in core
subject areas, including, but not limited to, mathematics, reading, and
science. As used in this subsection, "in person" means physically
present.
(10)
If, in its application for funding under this section, an eligible district or
eligible intermediate district submits the potential number of eligible pupils
that will enroll in its summer program as described in subsection (4)(b)(i), potential number of eligible pupils that will
enroll in its credit recovery program as described in subsection (4)(b)(ii), or potential number of eligible pupils that
will enroll in its before-school, after-school, or before-and-after school
program as described in subsection (4)(b)(iii), as applicable, and the eligible district or
eligible intermediate district receives funding under this section based on those
estimations, by June 15, 2021, the eligible district or eligible intermediate
district shall submit the number of pupils who actually enrolled in the
eligible district's or eligible intermediate district's summer program, credit
recovery program, or before-school, after-school, or before-and-after school
program. If the eligible district or eligible intermediate district received an
overpayment of funds under this section based on its submitted estimates of
eligible pupils as described in this subsection, as determined by the
department, the eligible district or eligible intermediate district shall
refund the department in the amount of the overpayment.
(11)
Notwithstanding section 17b and except as otherwise provided in this subsection,
the department shall make payments under this section on a schedule determined
by the department. The department shall distribute all funding under this
section by not later than May 20, 2021.
(12)
As used in this section:
(a)
"Constituent district" means a district that is located in the
geographic boundaries of the intermediate district.
(b)
"COVID-19 remediation services" means any of the following:
(i) A summer program.
(ii) A credit recovery program.
(iii) A before-school, after-school, or
before-and-after school program.
(c)
"Credit recovery program" means an educational program that meets at
least all of the following:
(i) Is offered to each eligible pupil described in
subdivision (d)(ii) who was enrolled in any of grades 9
to 12 in the 2020-2021 school year.
(ii) Is a program that is designed to provide
educational remediation to pupils.
(iii) Is offered in person, online, digitally, by
other remote means, in a synchronous or asynchronous format, or through any
combination of these.
(iv) Is a program that was developed based on the
input of teachers and that is teacher-led.
(d)
"Eligible pupil" means a child to whom the following apply, as
applicable:
(i) For participation in a summer program offered
as part of COVID-19 remediation services under this section, both of the
following apply:
(A)
Any of the following apply:
(I)
If an eligible district that is not a public school academy is providing the
COVID-19 remediation services, the child resides within the geographic
boundaries of the district.
(II)
If an eligible district that is a public school academy is providing the
COVID-19 remediation services, the child resides within the geographic
boundaries of the intermediate district in which the district is located.
(III)
If an eligible intermediate district is providing the COVID-19 remediation
services, the child resides within the geographic boundaries of the
intermediate district.
(B)
The eligible district or eligible intermediate district providing the summer
program under this section has determined that the child is eligible for
enrollment in the eligible district's or eligible intermediate district's
summer program. An eligible district or eligible intermediate district is
encouraged to base the determination described in this sub-subparagraph on
benchmark assessment data from the benchmark assessment or benchmark
assessments administered to the child under section 104, as applicable.
(ii) For participation in a credit recovery program
offered as part of COVID-19 remediation services under this section, both of
the following apply:
(A)
In the 2020-2021 school year, the child was enrolled in the eligible district,
eligible intermediate district, or a constituent district of the eligible
intermediate district that provides the credit recovery program to the child under
this section.
(B) Any of the following apply:
(I) The child has failed 1 or more
credits or courses in the 2020-2021 school year.
(II) The child is not on track to
graduate from high school, as determined by the eligible district, eligible
intermediate district, or constituent district of the eligible intermediate
district in which the child was enrolled as described in sub-subparagraph (A).
(III) The eligible district, eligible
intermediate district, or constituent district of the eligible intermediate
district in which the child was enrolled as described in sub-subparagraph (A)
has determined that the child is eligible for enrollment in the eligible district's
or eligible intermediate district's credit recovery program.
(iii) For participation in a before-school,
after-school, or before-and-after school program offered as part of COVID-19
remediation services under this section, both of the following apply:
(A)
In the 2020-2021 school year, the child was enrolled in any of grades K to 12
in the eligible district, eligible intermediate district, or a constituent
district of the eligible intermediate district that provides the before-school,
after-school, or before-and-after school program to the child under this
section.
(B)
The eligible district, eligible intermediate district, or constituent district
of the eligible intermediate district in which the child was enrolled as
described in sub-subparagraph (A) has determined that the child is eligible for
enrollment in the eligible district's or eligible intermediate district's before-school,
after-school, or before-and-after school program.
(e)
"Summer program" means an educational program that meets at least all
of the following:
(i) Is offered to each eligible pupil described in
subdivision (d)(i) who was enrolled in any of grades K
to 8 in the 2020-2021 school year.
(ii) Is offered at any point after June 1, 2021 and
before September 1, 2021.
(iii) Is an 8-week program. As used in this
subparagraph, "week" means a period beginning on Monday and ending on
the immediately following Friday.
(iv) Is provided to eligible pupils described in
subdivision (d)(i) in a manner in which the eligible
pupils are in person at a school building designated by the eligible district
or eligible intermediate district providing the program. As used in this
subparagraph, "in person" means physically present.
(v) Is a program that was developed based on the
input of teachers and that is teacher-led.
(vi) Includes programming in core subject areas,
including, but not limited to, mathematics, reading, and science.
Sec. 23c. (1) From the federal funding allocated under section
11n awarded to this state from the governor's emergency education relief (GEER)
fund under the coronavirus response and relief supplemental appropriations act,
2021, Public Law 116-260, there is allocated an amount not to exceed $21,309,849.00
for 2020-2021 for payments to eligible districts or eligible intermediate
districts described in subsection (3) to be used in the manner described in
subsection (4).
(2) To receive
funding under this section, a district or intermediate district must apply for
the funding in a form and manner prescribed by the department.
(3) A district or
intermediate district that meets all of the following is an eligible district
or eligible intermediate district under this section:
(a) The district
or intermediate district is providing a summer program, credit recovery
program, or both of these programs, as part of COVID-19 remediation services
under section 23b.
(b) The district
or intermediate district agrees to pay each eligible teacher and eligible
support staff member the payment described in subsection (3) by not later than 30
days after receiving the disbursement of funds under this section from the
department.
(c) In its
application for funding under this section, the district or intermediate
district includes the number of eligible teachers and eligible support staff
members it intends to provide a payment to under subsection (4).
(4) An eligible
district or eligible intermediate district that receives funding under this
section shall only use that funding as follows:
(a) To provide a
payment of $1,000.00 to each eligible teacher.
(b) To provide a
payment of $250.00 to each eligible support staff member.
(5) An eligible
teacher or eligible support staff member must not receive more than 1 payment
under subsection (4). An eligible teacher or eligible support staff member who
is assigned to teach in or assigned to provide his or her services for both a
summer program and credit recovery program that is offered as part of COVID-19
remediation services under section 23b is subject to this subsection and must
only receive 1 payment under subsection (4).
(7) Notwithstanding
section 17b, the department shall make payments under this section on a
schedule determined by the department.
(8) As used in
this section:
(a)
"Eligible support staff member" means an individual to whom both of
the following apply:
(i) The individual
is employed by or assigned to work at the eligible district or eligible
intermediate district described in subsection (3).
(ii) The individual
is assigned to provide his or her services as part of a summer program, credit
recovery program, or both offered as part of COVID-19 remediation services
described in section 23b.
(b)
"Eligible teacher" means an individual to whom both of the following
apply:
(i) The individual
holds a valid Michigan teaching certificate or is otherwise permitted to teach
in the public schools of this state under law.
(ii) The individual
is employed by or assigned to work at the eligible district or eligible
intermediate district described in subsection (3).
(iii) The individual
is assigned to teach in a summer program, credit recovery program, or both
offered as part of COVID-19 remediation services described in section 23b.
Sec. 23d. (1) From the federal funding
allocated under section 11n awarded to this state from the governor's emergency
education relief (GEER) fund under the coronavirus response and relief
supplemental appropriations act, 2021, Public Law 116-260, there is allocated
for 2020-2021 an amount not to exceed $5,852,954.00 for the purposes of this
section. The department shall establish a grant program to distribute this
funding to eligible parents or legal guardians described in subsection (3).
(2)
Except as otherwise provided in this subsection, to receive funding under this
section, an eligible parent or legal guardian must apply for the funding in a
form and manner prescribed by the department. An application for funding under
this section must be submitted to the department by not later than September 1,
2021.
(3)
A parent or legal guardian that meets all of the following is an eligible
parent or legal guardian under this section:
(a)
The parent or legal guardian has incurred expenses in relation to providing
summer programming in 2021 to his or her child.
(b)
The child described in subdivision (a) is at least age 5 but not older than age
18 and is not enrolled in and participating in COVID-19 remediation services
under section 23b.
(c)
In his or her application for funding under this section, the parent or legal
guardian describes the expenses described in subdivision (a).
(4)
From the funding allocated under subsection (1), the department shall pay each
eligible parent or legal guardian an amount equal to the cost of the expenses as
submitted in the application for funding under this section under subsection
(3)(c), but not exceeding $250.00, for each child for whom the eligible parent
or legal guardian has incurred expenses as described in subsection (3)(a).
(5)
The department shall make all payments to an eligible parent or legal guardian
under this section by not later than 29 days after an application for funding
under this section is received.
(6)
As used in this section, "summer programming" means an educational
enrichment program, including, but not limited to, a program that incorporates
extracurricular activities, that is provided in person, online, digitally, by
other remote means, in a synchronous or asynchronous format, or through any
combination of these.
Sec. 98b. (1) From the state school
aid fund money appropriated in section 11, there is allocated $363,000,000.00
for 2020-2021 to an eligible district described in subsection (3).
(2)
To receive funding under this section, a district must apply for the funding in
a form and manner prescribed by the department.
(3)
A district that offers in-person, face-to-face instruction beginning by not
later than February 15, 2021 to each pupil enrolled in the district for the
remainder of the 2020-2021 school year for 5 days, excluding days that are a
part of a previously scheduled period of time for which the district is not in
session, of each week for the remainder of the school year is an eligible
district under this section.
(4)
From the funding allocated under subsection (1), the department shall pay each
eligible district $250.00 per membership pupil who participates in the
in-person, face-to-face instruction offered by the district as described in
subsection (3).
(5)
Notwithstanding section 17b and except as otherwise provided in this
subsection, the department shall make payments under this section on a schedule
determined by the department. The department shall make all payments under this
section by not later than April 1, 2021. Any funding under this section that is
not distributed by the department under this section by April 1, 2021 lapses to
the state school aid fund.
Sec. 104a. (1) From the federal
funding allocated under section 11n awarded to this state from the governor's
emergency education relief (GEER) fund under the coronavirus response and
relief supplemental appropriations act, 2021, Public Law 116-260, there is
allocated for 2020-2021 an amount not to exceed $11,719,195.00 to districts to
begin implementation of a benchmark assessment system for the 2021-2022 school
year. All of the following apply to the benchmark assessment system described
in this subsection:
(a)
The system must provide for all of the following:
(i) That, within the first 9 weeks of the 2021-2022
school year, the district shall administer 1 or more benchmark assessments
provided by a provider approved under section 104(9), benchmark assessments
described in subdivision (b), or local benchmark assessments, or any
combination thereof, to all pupils in grades K to 8 to measure proficiency in
reading and mathematics.
(ii) That, in addition to the benchmark assessment
or benchmark assessments administered under subparagraph (i), by not later than the last day of the 2021-2022
school year, the district shall administer 1 or more benchmark assessments
provided by a provider approved under section 104(9), benchmark assessments
described in subdivision (b), or local benchmark assessments, or any
combination thereof, to all pupils in grades K to 8 to measure proficiency in
reading and mathematics.
(b)
A district may administer 1 or more of the following benchmark assessments
toward meeting the requirements under subdivision (a):
(i) A benchmark assessment in reading for students
in grades K to 9 that contains progress monitoring tools and enhanced
diagnostic assessments.
(ii) A benchmark assessment in math for students in
grades K to 8 that contains progress monitoring tools.
(c)
The system must provide that, to the extent practicable, if a district
administers a benchmark assessment or benchmark assessments under this section,
the district shall administer the same benchmark assessment or benchmark
assessments provided by a provider approved under section 104(9), benchmark
assessment or benchmark assessments described in subdivision (b), or local
benchmark assessment or local benchmark assessments that it administered to
pupils in previous school years, as applicable.
(d)
The system must provide that, if a district administers a benchmark assessment
or benchmark assessments under this section, the district shall provide each
pupil's data from the benchmark assessment or benchmark assessments, as
available, to the pupil's parent or legal guardian within 30 days of
administering the benchmark assessment or benchmark assessments.
(e)
The system must provide that, if a local benchmark assessment or local
benchmark assessments are administered under subdivision (a), the district
shall report to the department and the center, in a form and manner prescribed
by the center, the local benchmark assessment or local benchmark assessments
that were administered and how that assessment or those assessments measure
changes, including any losses, as applicable, in learning, and the district's
plan for addressing any losses in learning.
(f)
The system must provide that, by not later than 30 days after a benchmark
assessment or benchmark assessments are administered as described in this
subsection, the district shall send benchmark assessment data, excluding data
from a local benchmark assessment, as applicable, aggregated by grade level to
the department. If available, the data described in this subdivision must
include information concerning pupil growth from fall 2020 to fall 2021.
(2)
To receive funding under this section, a district must apply for the funding in
a form and manner prescribed by the department.
(3)
The department shall pay an amount equal to $12.50 per membership pupil in
grades K to 8 in the district to each district that applies for funding under
this section.
(4)
The department shall make 1 of the benchmark assessments provided by a provider
approved under section 104(9) available to districts at no cost to the
districts for purposes of meeting the requirements under this section. The
benchmark assessment described in this subsection must meet all of the
following:
(a)
Be aligned to the content standards of this state.
(b)
Complement the state's summative assessment system.
(c)
Be internet-delivered and include a standards-based assessment.
(d)
Provide information on pupil achievement with regard to learning content
required in a given year or grade span.
(e)
Provide timely feedback to pupils and teachers.
(f)
Be nationally normed.
(g)
Provide information to educators about student growth and allow for multiple
testing opportunities.
(5)
By not later than December 31, 2021, the department shall submit a report to the
house and senate appropriations committees, the house and senate appropriations
subcommittees on school aid, and the house and senate fiscal agencies regarding
the benchmark assessment data received under this section, disaggregated by
grade level for each district. If information concerning pupil growth is
included in the data described in this subsection, it must be incorporated in
the report described in this subsection.
Enacting section
1. In accordance with section 30 of article IX of the state constitution of
1963, total state spending on school aid under article I of the state school
aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, as amended by 2020 PA
147, 2020 PA 148, 2020 PA 149, 2020 PA 165, and this amendatory act, from state
sources for fiscal year 2020-2021 is estimated at $14,081,286,300.00 and state
appropriations for school aid to be paid to local units of government for
fiscal year 2020-2021 are estimated at $13,909,289,200.00.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4049 (request no. 01574'21) of the
101st Legislature is enacted into law.