SENATE BILL No. 1207

March 14, 2002, Introduced by Senator NORTH 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 6 (MCL 388.1606), as amended by 2001 PA 121.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 6. (1) "Center program" means a program operated by a

2 district or intermediate district for special education pupils

3 from several districts in programs for the autistically impaired,

4 trainable mentally impaired, severely mentally impaired, severely

5 multiply impaired, hearing impaired, physically and otherwise

6 health impaired, and visually impaired. Programs for emotionally

7 impaired pupils housed in buildings that do not serve regular

8 education pupils also qualify. Unless otherwise approved by the

9 department, a center program either shall serve all constituent

10 districts within an intermediate district or shall serve several

11 districts with less than 50% of the pupils residing in the

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1 operating district. In addition, special education center

2 program pupils placed part-time in noncenter programs to comply

3 with the least restrictive environment provisions of section 612

4 of part B of the individuals with disabilities education act,

5 title VI of Public Law 91-230, 20 U.S.C. 1412, may be considered

6 center program pupils for pupil accounting purposes for the time

7 scheduled in either a center program or a noncenter program.

8 (2) "District pupil retention rate" means the proportion of

9 pupils who have not dropped out of school in the immediately pre-

10 ceding school year and is equal to 1 minus the quotient of the

11 number of pupils unaccounted for in the immediately preceding

12 school year, as determined pursuant to subsection (3), divided by

13 the pupils of the immediately preceding school year.

14 (3) "District pupil retention report" means a report of the

15 number of pupils, excluding migrant and adult, in the district

16 for the immediately preceding school year, adjusted for those

17 pupils who have transferred into the district, transferred out of

18 the district, transferred to alternative programs, and have grad-

19 uated, to determine the number of pupils who are unaccounted

20 for. The number of pupils unaccounted for shall be calculated as

21 determined by the department.

22 (4) "Membership", except as otherwise provided in this act,

23 means for a district, public school academy, university school,

24 or intermediate district the sum of the product of .8 times the

25 number of full-time equated pupils in grades K to 12 actually

26 enrolled and in regular daily attendance on the pupil membership

27 count day for the current school year, plus the product of .2

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1 times the final audited count from the supplemental count day for

2 the immediately preceding school year. All pupil counts used in

3 this subsection are as determined by the department and calcu-

4 lated by adding the number of pupils registered for attendance

5 plus pupils received by transfer and minus pupils lost as defined

6 by rules promulgated by the superintendent, and as corrected by a

7 subsequent department audit. The amount of the foundation allow-

8 ance for a pupil in membership is determined under section 20.

9 In making the calculation of membership, all of the following, as

10 applicable, apply to determining the membership of a district,

11 public school academy, university school, or intermediate

12 district:

13 (a) Except as otherwise provided in this subsection, and

14 pursuant to subsection (6), a pupil shall be counted in member-

15 ship in the pupil's educating district or districts. An individ-

16 ual pupil shall not be counted for more than a total of 1.0

17 full-time equated membership.

18 (b) If a pupil is educated in a district other than the

19 pupil's district of residence, if the pupil is not being educated

20 as part of a cooperative education program, if the pupil's dis-

21 trict of residence does not give the educating district its

22 approval to count the pupil in membership in the educating dis-

23 trict, and if the pupil is not covered by an exception specified

24 in subsection (6) to the requirement that the educating district

25 must have the approval of the pupil's district of residence to

26 count the pupil in membership, the pupil shall not be counted in

27 membership in any district.

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1 (c) A special education pupil educated by the intermediate

2 district shall be counted in membership in the intermediate

3 district.

4 (d) A pupil placed by a court or state agency in an

5 on-grounds program of a juvenile detention facility, a child

6 caring institution, or a mental health institution, or a pupil

7 funded under section 53a, shall be counted in membership in the

8 district or intermediate district approved by the department to

9 operate the program.

10 (e) A pupil enrolled in the Michigan schools for the deaf

11 and blind shall be counted in membership in the pupil's interme-

12 diate district of residence.

13 (f) A pupil enrolled in a vocational education program sup-

14 ported by a millage levied over an area larger than a single dis-

15 trict or in an area vocational-technical education program estab-

16 lished pursuant to section 690 of the revised school code,

17 MCL 380.690, shall be counted only in the pupil's district of

18 residence.

19 (g) A pupil enrolled in a university school shall be counted

20 in membership in the university school.

21 (h) A pupil enrolled in a public school academy shall be

22 counted in membership in the public school academy.

23 (i) For a new district, university school, or public school

24 academy beginning its operation after December 31, 1994, member-

25 ship for the first 2 full or partial fiscal years of operation

26 shall be determined as follows:

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1 (i) If operations begin before the pupil membership count

2 day for the fiscal year, membership is the average number of

3 full-time equated pupils in grades K to 12 actually enrolled and

4 in regular daily attendance on the pupil membership count day for

5 the current school year and on the supplemental count day for the

6 current school year, as determined by the department and calcu-

7 lated by adding the number of pupils registered for attendance on

8 the pupil membership count day plus pupils received by transfer

9 and minus pupils lost as defined by rules promulgated by the

10 superintendent, and as corrected by a subsequent department

11 audit, plus the final audited count from the supplemental count

12 day for the current school year, and dividing that sum by 2.

13 (ii) If operations begin after the pupil membership count

14 day for the fiscal year and not later than the supplemental count

15 day for the fiscal year, membership is the final audited count of

16 the number of full-time equated pupils in grades K to 12 actually

17 enrolled and in regular daily attendance on the supplemental

18 count day for the current school year.

19 (j) If a district is the authorizing body for a public

20 school academy, then, in the first school year in which pupils

21 are counted in membership on the pupil membership count day in

22 the public school academy, the determination of the district's

23 membership shall exclude from the district's pupil count for the

24 immediately preceding supplemental count day any pupils who are

25 counted in the public school academy on that first pupil member-

26 ship count day who were also counted in the district on the

27 immediately preceding supplemental count day.

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1 (k) In a district, public school academy, university school,

2 or intermediate district operating an extended school year pro-

3 gram approved by the superintendent, a pupil enrolled, but not

4 scheduled to be in regular daily attendance on a pupil membership

5 count day, shall be counted.

6 (l) Pupils to be counted in membership shall be not less

7 than 5 years of age on December 1 and less than 20 years of age

8 on September 1 of the school year except a special education

9 pupil who is enrolled and receiving instruction in a special edu-

10 cation program approved by the department and not having a high

11 school diploma who is less than 26 years of age as of September 1

12 of the current school year shall be counted in membership.

13 (m) An individual who has obtained a high school diploma

14 shall not be counted in membership. An individual who has

15 obtained a general education development (G.E.D.) certificate

16 shall not be counted in membership. An individual participating

17 in a job training program funded under former section 107a or a

18 jobs program funded under former section 107b, administered by

19 the Michigan strategic fund or the department of career develop-

20 ment, or participating in any successor of either of those 2 pro-

21 grams, shall not be counted in membership.

22 (n) If a pupil counted in membership in a public school

23 academy is also educated by a district or intermediate district

24 as part of a cooperative education program, the pupil shall be

25 counted in membership only in the public school academy, and the

26 instructional time scheduled for the pupil in the district or

27 intermediate district shall be included in the full-time equated

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1 membership determination under subdivision (q). However, for

2 pupils receiving instruction in both a public school academy and

3 in a district or intermediate district but not as a part of a

4 cooperative education program, the following apply:

5 (i) If the public school academy provides instruction for at

6 least 1/2 of the class hours specified in subdivision (q), the

7 public school academy shall receive as its prorated share of the

8 full-time equated membership for each of those pupils an amount

9 equal to 1 times the product of the hours of instruction the

10 public school academy provides divided by the number of hours

11 specified in subdivision (q) for full-time equivalency, and the

12 remainder of the full-time membership for each of those pupils

13 shall be allocated to the district or intermediate district pro-

14 viding the remainder of the hours of instruction.

15 (ii) If the public school academy provides instruction for

16 less than 1/2 of the class hours specified in subdivision (q),

17 the district or intermediate district providing the remainder of

18 the hours of instruction shall receive as its prorated share of

19 the full-time equated membership for each of those pupils an

20 amount equal to 1 times the product of the hours of instruction

21 the district or intermediate district provides divided by the

22 number of hours specified in subdivision (q) for full-time equiv-

23 alency, and the remainder of the full-time membership for each of

24 those pupils shall be allocated to the public school academy.

25 (o) An individual less than 16 years of age as of September

26 1 of the current school year who is being educated in an

27 alternative education program shall not be counted in membership

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1 if there are also adult education participants being educated in

2 the same program or classroom.

3 (p) The department shall give a uniform interpretation of

4 full-time and part-time memberships.

5 (q) The number of class hours used to calculate full-time

6 equated memberships shall be consistent with section 101(3). In

7 determining full-time equated memberships for pupils who are

8 enrolled in a postsecondary institution, a pupil shall not be

9 considered to be less than a full-time equated pupil solely

10 because of the effect of his or her postsecondary enrollment,

11 including necessary travel time, on the number of class hours

12 provided by the district to the pupil.

13 (r) Full-time equated memberships for pupils in kindergarten

14 shall be determined by dividing the number of class hours sched-

15 uled and provided per year per kindergarten pupil by a number

16 equal to 1/2 the number used for determining full-time equated

17 memberships for pupils in grades 1 to 12.

18 (s) For a district, university school, or public school

19 academy that has pupils enrolled in a grade level that was not

20 offered by the district, university school, or public school

21 academy in the immediately preceding school year, the number of

22 pupils enrolled in that grade level to be counted in membership

23 is the average of the number of those pupils enrolled and in reg-

24 ular daily attendance on the pupil membership count day and the

25 supplemental count day of the current school year, as determined

26 by the department. Membership shall be calculated by adding the

27 number of pupils registered for attendance in that grade level on

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1 the pupil membership count day plus pupils received by transfer

2 and minus pupils lost as defined by rules promulgated by the

3 superintendent, and as corrected by subsequent department audit,

4 plus the final audited count from the supplemental count day for

5 the current school year, and dividing that sum by 2.

6 (t) A pupil enrolled in a cooperative education program may

7 be counted in membership in the pupil's district of residence

8 with the written approval of all parties to the cooperative

9 agreement.

10 (u) If, as a result of a disciplinary action, a district

11 determines through the district's alternative or disciplinary

12 education program that the best instructional placement for a

13 pupil is in the pupil's home, if that placement is authorized in

14 writing by the district superintendent and district alternative

15 or disciplinary education supervisor, and if the district pro-

16 vides appropriate instruction as described in this subdivision to

17 the pupil at the pupil's home, the district may count the pupil

18 in membership on a pro rata basis, with the proration based on

19 the number of hours of instruction the district actually provides

20 to the pupil divided by the number of hours specified in

21 subdivision (q) for full-time equivalency. For the purposes of

22 this subdivision, a district shall be considered to be providing

23 appropriate instruction if all of the following are met:

24 (i) The district provides at least 2 nonconsecutive hours of

25 instruction per week to the pupil at the pupil's home under the

26 supervision of a certificated teacher.

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1 (ii) The district provides instructional materials,

2 resources, and supplies, except computers, that are comparable to

3 those otherwise provided in the district's alternative education

4 program.

5 (iii) Course content is comparable to that in the district's

6 alternative education program.

7 (iv) Credit earned is awarded to the pupil and placed on the

8 pupil's transcript.

9 (v) A pupil enrolled in an alternative or disciplinary edu-

10 cation program described in section 25 shall be counted in mem-

11 bership in the district or public school academy that expelled

12 the pupil.

13 (w) If a pupil was enrolled in a public school academy on

14 the pupil membership count day, if the public school academy's

15 contract with its authorizing body is revoked, and if the pupil

16 enrolls in a district within 45 days after the pupil membership

17 count day, the department shall adjust the district's pupil count

18 for the pupil membership count day to include the pupil in the

19 count.

20 (x) For a public school academy that has been in operation

21 for at least 2 years and that suspended operations for at least 1

22 semester and is resuming operations, membership is the sum of the

23 product of .8 times the number of full-time equated pupils in

24 grades K to 12 actually enrolled and in regular daily attendance

25 on the first pupil membership count day or supplemental count

26 day, whichever is first, occurring after operations resume, plus

27 the product of .2 times the final audited count from the most

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1 recent pupil membership count day or supplemental count day that

2 occurred before suspending operations, as determined by the

3 superintendent.

4 (y) For 2000-2001 only, if a district's membership for that

5 fiscal year, as otherwise calculated under this subsection, would

6 be less than 1,550 pupils, the district's membership for that

7 fiscal year shall be considered to be the membership figure cal-

8 culated under this subdivision. For 2001-2002 only, if IF a

9 district's membership for that A PARTICULAR fiscal year, as

10 otherwise calculated under this subsection, would be less than

11 1,550 pupils and the district has 4.5 or fewer pupils per square

12 mile, as determined by the department, the district's membership

13 shall be considered to be the membership figure calculated under

14 this subsection SUBDIVISION. IF A DISTRICT EDUCATES AND COUNTS

15 IN ITS MEMBERSHIP PUPILS IN GRADES 9 TO 12 WHO RESIDE IN A CONTI-

16 GUOUS DISTRICT THAT DOES NOT OPERATE GRADES 9 TO 12 AND IF 1 OR

17 BOTH OF THE AFFECTED DISTRICTS REQUEST THE DEPARTMENT TO USE THE

18 DETERMINATION ALLOWED UNDER THIS SENTENCE, THE DEPARTMENT SHALL

19 INCLUDE THE SQUARE MILEAGE AND MEMBERSHIP OF BOTH DISTRICTS IN

20 DETERMINING THE NUMBER OF PUPILS PER SQUARE MILE FOR EACH OF THE

21 DISTRICTS FOR THE PURPOSES OF THIS SUBDIVISION. The membership

22 figure calculated under this subsection SUBDIVISION is the

23 greater of the following:

24 (i) The average of the district's membership for the

25 3-fiscal-year period ending with that fiscal year, calculated by

26 adding the district's actual membership for that fiscal year, as

27 otherwise calculated under this subsection, plus the district's

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1 membership as calculated under this subdivision for each of the

2 2 immediately preceding fiscal years, and dividing the sum of

3 those 3 membership figures by 3.

4 (ii) The district's actual membership as otherwise calcu-

5 lated under this subsection.

6 (5) "Public school academy" means a public school academy or

7 strict discipline academy operating under the revised school

8 code.

9 (6) "Pupil" means a person in membership in a public

10 school. A district must have the approval of the pupil's dis-

11 trict of residence to count the pupil in membership, except

12 approval by the pupil's district of residence shall not be

13 required for any of the following:

14 (a) A nonpublic part-time pupil enrolled in grades 1 to 12

15 in accordance with section 166b.

16 (b) A pupil receiving 1/2 or less of his or her instruction

17 in a district other than the pupil's district of residence.

18 (c) A pupil enrolled in a public school academy or univer-

19 sity school.

20 (d) A pupil enrolled in a district other than the pupil's

21 district of residence under an intermediate district schools of

22 choice pilot program as described in section 91a or former

23 section 91 if the intermediate district and its constituent dis-

24 tricts have been exempted from section 105.

25 (e) A pupil enrolled in a district other than the pupil's

26 district of residence but within the same intermediate district

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1 if the educating district enrolls nonresident pupils in

2 accordance with section 105.

3 (f) A pupil enrolled in a district other than the pupil's

4 district of residence if the pupil has been continuously enrolled

5 in the educating district since a school year in which the pupil

6 enrolled in the educating district under section 105 or 105c and

7 in which the educating district enrolled nonresident pupils in

8 accordance with section 105 or 105c.

9 (g) A pupil who has made an official written complaint or

10 whose parent or legal guardian has made an official written com-

11 plaint to law enforcement officials and to school officials of

12 the pupil's district of residence that the pupil has been the

13 victim of a criminal sexual assault or other serious assault, if

14 the official complaint either indicates that the assault occurred

15 at school or that the assault was committed by 1 or more other

16 pupils enrolled in the school the pupil would otherwise attend in

17 the district of residence or by an employee of the district of

18 residence. A person who intentionally makes a false report of a

19 crime to law enforcement officials for the purposes of this sub-

20 division is subject to section 411a of the Michigan penal code,

21 1931 PA 328, MCL 750.411a, which provides criminal penalties for

22 that conduct. As used in this subdivision:

23 (i) "At school" means in a classroom, elsewhere on school

24 premises, on a school bus or other school-related vehicle, or at

25 a school-sponsored activity or event whether or not it is held on

26 school premises.

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1 (ii) "Serious assault" means an act that constitutes a

2 felony violation of chapter XI of the Michigan penal code, 1931

3 PA 328, MCL 750.81 to 750.90g, or that constitutes an assault and

4 infliction of serious or aggravated injury under section 81a of

5 the Michigan penal code, 1931 PA 328, MCL 750.81a.

6 (h) A pupil enrolled in a district located in a contiguous

7 intermediate district, as described in section 105c, if the edu-

8 cating district enrolls those nonresident pupils in accordance

9 with section 105c.

10 (i) A pupil whose district of residence changed after the

11 pupil membership count day and before the supplemental count day

12 and who continues to be enrolled on the supplemental count day as

13 a nonresident in the district in which he or she was enrolled as

14 a resident on the pupil membership count day of the same school

15 year.

16 (j) A pupil enrolled in an alternative education program

17 operated by a district other than his or her district of resi-

18 dence who meets 1 or more of the following:

19 (i) The pupil has been suspended or expelled from his or her

20 district of residence for any reason, including, but not limited

21 to, a suspension or expulsion under section 1310, 1311, or 1311a

22 of the revised school code, MCL 380.1310, 380.1311, and

23 380.1311a.

24 (ii) The pupil had previously dropped out of school.

25 (iii) The pupil is pregnant or is a parent.

26 (iv) The pupil has been referred to the program by a court.

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1 (k) A pupil enrolled in the Michigan virtual high school,

2 for the pupil's enrollment in the Michigan virtual high school.

3 However, if a district that is not a first class district

4 educates pupils who reside in a first class district and if the

5 primary instructional site for those pupils is located within the

6 boundaries of the first class district, the educating district

7 must have the approval of the first class district to count those

8 pupils in membership. As used in this subsection, "first class

9 district" means a district organized as a school district of the

10 first class under the revised school code.

11 (7) "Pupil membership count day" of a district or intermedi-

12 ate district means:

13 (a) Except as provided in subdivision (b), the fourth

14 Wednesday in September each school year.

15 (b) For a district or intermediate district maintaining

16 school during the entire school year, the following days:

17 (i) Fourth Wednesday in July.

18 (ii) Fourth Wednesday in September.

19 (iii) Second Wednesday in February.

20 (iv) Fourth Wednesday in April.

21 (8) "Pupils in grades K to 12 actually enrolled and in regu-

22 lar daily attendance" means pupils in grades K to 12 in

23 attendance and receiving instruction in all classes for which

24 they are enrolled on the pupil membership count day or the sup-

25 plemental count day, as applicable. A pupil who is absent from

26 any of the classes in which the pupil is enrolled on the pupil

27 membership count day or supplemental count day and who does not

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1 attend each of those classes during the 10 consecutive school

2 days immediately following the pupil membership count day or sup-

3 plemental count day, except for a pupil who has been excused by

4 the district, shall not be counted as 1.0 full-time equated

5 membership. In addition, a pupil who is excused from attendance

6 on the pupil membership count day or supplemental count day and

7 who fails to attend each of the classes in which the pupil is

8 enrolled within 30 calendar days after the pupil membership count

9 day or supplemental count day shall not be counted as 1.0

10 full-time equated membership. Pupils not counted as 1.0

11 full-time equated membership due to an absence from a class shall

12 be counted as a prorated membership for the classes the pupil

13 attended. For purposes of this subsection, "class" means a

14 period of time in 1 day when pupils and a certificated teacher or

15 legally qualified substitute teacher are together and instruction

16 is taking place.

17 (9) "Rule" means a rule promulgated pursuant to the adminis-

18 trative procedures act of 1969, 1969 PA 306, MCL 24.201 to

19 24.328.

20 (10) "The revised school code" means 1976 PA 451, MCL 380.1

21 to 380.1852.

22 (11) "School fiscal year" means a fiscal year that commences

23 July 1 and continues through June 30.

24 (12) "State board" means the state board of education.

25 (13) "Superintendent", unless the context clearly refers to

26 a district or intermediate district superintendent, means the

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1 superintendent of public instruction described in section 3 of

2 article VIII of the state constitution of 1963.

3 (14) "Supplemental count day" means the day on which the

4 supplemental pupil count is conducted under section 6a.

5 (15) "Tuition pupil" means a pupil of school age attending

6 school in a district other than the pupil's district of residence

7 for whom tuition may be charged. Tuition pupil does not include

8 a pupil who is a special education pupil or a pupil described in

9 subsection (6)(d) to (k). A pupil's district of residence shall

10 not require a high school tuition pupil, as provided under sec-

11 tion 111, to attend another school district after the pupil has

12 been assigned to a school district.

13 (16) "State school aid fund" means the state school aid fund

14 established in section 11 of article IX of the state constitution

15 of 1963.

16 (17) "Taxable value" means the taxable value of property as

17 determined under section 27a of the general property tax act,

18 1893 PA 206, MCL 211.27a.

19 (18) "Total state aid" or "total state school aid" means the

20 total combined amount of all funds due to a district, intermedi-

21 ate district, or other entity under all of the provisions of this

22 act.

23 (19) "University school" means an instructional program

24 operated by a public university under section 23 that meets the

25 requirements of section 23.

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