HOUSE BILL No. 5785 May 11, 2000, Introduced by Rep. Spade and referred to the Committee on Education. A bill to amend 1996 PA 160, entitled "Postsecondary enrollment options act," by amending sections 4 and 9 (MCL 388.514 and 388.519). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 4. (1) The school district in which an eligible stu- 2 dent is enrolled shall provide to the eligible student a letter 3 signed by the student's principal indicating the student's eligi- 4 bility under this act. 5 (2) An eligible student may apply to an eligible postsecond- 6 ary institution to enroll in 1 or more eligible courses offered 7 by that eligible postsecondary institution and, if accepted, may 8 enroll in 1 or more of those courses. 9 (3) Within a reasonable time after registration, the 10 eligible postsecondary institution shall send written notice to 11 the eligible student and his or her school district. The notice 06499'00 TAV 2 1 shall indicate the course or courses and hours of enrollment of 2 that eligible student. The eligible postsecondary institution 3 shall notify the eligible student about tuition, fees, books, 4 materials, and other related charges, as determined by the post- 5 secondary institution, in the customary manner used by the eligi- 6 ble postsecondary institution, and shall notify the eligible stu- 7 dent of the estimated amount of the eligible charges that will be 8 billed to the school district under subsection (4). 9 (4) Unless otherwise agreed between the eligible postsecond- 10 ary institution and the school district, after the expiration of 11 the institution's drop/add period for the course, an eligible 12 postsecondary institution shall send a bill to the eligible 13 student's school district detailing the eligible charges for each 14 eligible course in which the student is enrolled under this act. 15 (5) Upon receiving the bill under subsection (4), the school 16 district shall cause to be paid to the eligible postsecondary 17 institution on behalf of the eligible student an amount equal to 18 the lesser of the amount of the eligible charges or the prorated 19 percentage of the state portion of the foundation allowance OR 20 PER PUPIL PAYMENT paid on behalf of that particular eligible stu- 21 dent under section 20 of the state school aid act of 1979,Act22No. 94 of the Public Acts of 1979, being section 388.1620 of the23Michigan Compiled Laws1979 PA 94, MCL 388.1620, with the prora- 24 tion based on the proportion of the school year that the eligible 25 student attends the postsecondary institution. A school district 26 may pay more money to an eligible postsecondary institution on 27 behalf of an eligible student than is required under this act, 06499'00 3 1 and may use local school operating revenue for that purpose. The 2 eligible student is responsible for payment of the remainder of 3 the costs associated with his or her postsecondary enrollment 4 that exceed the amount the school district is required to pay 5 under this act and that are not paid by the school district. As 6 used in this subsection, "local school operating revenue" means 7 that term as defined in section 20 ofAct No. 94 of the Public8Acts of1979 PA 94, MCL 388.1620. 9 (6) An eligible postsecondary institution shall not charge a 10 late fee to an eligible student or a school district for a pay- 11 ment that is made in compliance with the timetable prescribed 12 under this act even if the payment would otherwise be considered 13 late by the postsecondary institution. 14 (7) A school district may require an eligible student to 15 provide, on a form supplied by the school district, reasonable 16 verification that the eligible student is regularly attending a 17 postsecondary course. 18 (8) If an eligible student enrolled in an eligible course 19 under this act does not complete the eligible course, and if the 20 school district has paid money for the course on behalf of the 21 student, ALL OF the FOLLOWING APPLY: 22 (A) THE postsecondary institution shall forward to the 23 school district any funds that are refundable due to noncomple- 24 tion of the course.TheIF APPLICABLE, THE school district 25 shall then forward to the student any refunded money in excess of 26 the amount paid by the school district for the course on behalf 27 of the student. 06499'00 4 1 (B) THE STUDENT SHALL REPAY TO THE SCHOOL DISTRICT ANY FUNDS 2 THAT WERE EXPENDED BY THE SCHOOL DISTRICT FOR THE COURSE THAT ARE 3 NOT REFUNDED TO THE SCHOOL DISTRICT BY THE POSTSECONDARY 4 INSTITUTION. IF THE STUDENT DOES NOT REPAY, OR ENTER INTO AN 5 AGREEMENT WITH THE SCHOOL DISTRICT FOR THE REPAYMENT OF, THIS 6 MONEY BEFORE THE STUDENT'S GRADUATION, THE SCHOOL DISTRICT MAY 7 WITHHOLD THE STUDENT'S DIPLOMA OR TRANSCRIPTS, OR BOTH, UNTIL 8 REPAYMENT IS MADE OR AGREED UPON. 9 (9) A school district shall make available to an eligible 10 student enrolled in the school district copies of all correspond- 11 ence in the possession of the school district regarding the eli- 12 gible student's participation in postsecondary enrollment under 13 this act. Correspondence described in this subsection shall be 14 kept by the school district for at least 1 year. 15 (10) If a school district pays for books for an eligible 16 student for a postsecondary course under this section, the books 17 are the property of the school district and shall be turned over 18 to the school district after the eligible student completes the 19 course. 20 (11) This section does not apply to any postsecondary 21 courses in which an eligible student is enrolled in addition to 22 being enrolled full-time in that eligible student's school dis- 23 trict; to a postsecondary course an eligible student is retaking 24 after failing to achieve a satisfactory grade; or to a course 25 contrary to the eligibility provisions of this act. In determin- 26 ing full-time enrollment in a school district under this act or 27 full-time equated membership underAct No. 94 of the Public Acts06499'00 5 1of 1979, being sections 388.1601 to 388.1772 of the Michigan2Compiled LawsTHE STATE SCHOOL AID ACT OF 1979, 1979 PA 94, 3 MCL 388.1601 TO 388.1772, for pupils enrolled in a postsecondary 4 institution under this act, the pupil's enrollment in both the 5 school district and the postsecondary institution shall be 6 counted as enrollment in the school district and a pupil shall 7 not be considered to be enrolled in a school district less than 8 full-time solely because of the effect of the pupil's postsecond- 9 ary enrollment, including necessary travel time, on the number of 10 class hours provided by the school district to the pupil. 11 (12) This act does not require a school district to pay or 12 otherwise provide financial support for transportation or parking 13 costs necessary for an eligible student to participate in post- 14 secondary enrollment under this act. A school district is not 15 liable for any injury incurred by an eligible student that is 16 related to transportation necessary for the eligible student to 17 participate in postsecondary enrollment under this act. 18 Sec. 9. (1) Each school district shall provide information 19 to all high school students on the postsecondary enrollment 20 options under this act, including enrollment eligibility; the 21 institutions and types of courses that are eligible for partici- 22 pation; the decision making process for granting academic cred- 23 its; an explanation of eligible charges that will be paid by the 24 school district and of financial arrangements for eligible 25 charges and for paying costs not paid for by the school district; 26 eligibility for payment of all or part of eligible charges by the 27 school district under this act; an explanation that, if the 06499'00 6 1 student qualifies for payment of all or part of eligible charges 2 by the school district under this act, the school district will 3 pay that support directly to the postsecondary institution upon 4 being billed by the postsecondary institution and that the stu- 5 dent is not responsible for that payment but is responsible for 6 payment of costs not paid for under this act AND MAY BE RESPONSI- 7 BLE FOR REPAYMENT TO THE SCHOOL DISTRICT IF HE OR SHE ENROLLS IN 8 BUT DOES NOT COMPLETE A POSTSECONDARY COURSE; available support 9 services; the need to arrange an appropriate schedule; ACADEMIC 10 consequences of failing or not completing a postsecondary course 11 in which the eligible student enrolls; the effect of enrolling in 12 a postsecondary course on the eligible student's ability to com- 13 plete the required high school graduation requirements; an expla- 14 nation of how the parent or legal guardian of a student in at 15 least grade 10 may request that the student be allowed to take a 16 test or assessment used for a state endorsement early in order to 17 qualify to be an eligible student; and the academic and social 18 responsibilities that must be assumed by the eligible student and 19 his or her parent or guardian. 20 (2) To the extent possible, a school district shall provide 21 counseling services to an eligible student and his or her parent 22 or guardian before the eligible student enrolls in postsecondary 23 courses under this act to ensure that the eligible student and 24 his or her parent or guardian are fully aware of the benefits, 25 risks, and possible consequences of enrolling in a postsecondary 26 course. The person providing the counseling shall encourage the 27 eligible student and his or her parent or guardian to also use 06499'00 7 1 available counseling services at the eligible postsecondary 2 institutions before the quarter or semester of enrollment to 3 ensure that anticipated plans are appropriate. A school district 4 may provide the counseling required under this section in a group 5 meeting if additional personalized counseling is also made 6 available. 7 (3) Before enrolling in an eligible course at an eligible 8 postsecondary institution under this act, an eligible student and 9 his or her parent or guardian shall file with the eligible post- 10 secondary institution a signed form provided by the eligible 11 student's school district stating that the student is an eligible 12 student and has received the information and counseling specified 13 in subsections (1) and (2) and that the student understands the 14 responsibilities that must be assumed in enrolling in the course, 15 AND SHALL FILE WITH THE SCHOOL DISTRICT A SIGNED FORM PROVIDED BY 16 THE SCHOOL DISTRICT AGREEING THAT, IF THE STUDENT ENROLLS IN BUT 17 DOES NOT COMPLETE AN ELIGIBLE COURSE, HE OR SHE WILL REPAY THE 18 SCHOOL DISTRICT AS REQUIRED UNDER SECTION 4(8)(B). Upon request, 19 the department shall provide technical assistance to a school 20 district and to an eligible postsecondary institution in develop- 21 ing appropriate forms and counseling guidelines for purposes of 22 this section. 06499'00 Final page. TAV