SB-0269, As Passed Senate, June 15, 2005
SUBSTITUTE FOR
SENATE BILL NO. 269
A bill to make appropriations for the department of education
and certain other purposes relating to education for the fiscal
year ending September 30, 2006; to provide for the expenditure of
the appropriations; to prescribe the powers and duties of certain
state departments, school districts, and other governmental bodies;
and to provide for the disposition of fees and other income
received by certain legal entities and state agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part are appropriated for the department of
education for the fiscal year ending September 30, 2006, from the
Senate Bill No. 269 as amended June 15, 2005
funds indicated in this part. The following is a summary of the
appropriations in this part:
DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY:
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions...... <<417.5>>
GROSS APPROPRIATION.................................... $ <<117,025,940>>
ADJUSTED GROSS APPROPRIATION........................... <<117,025,940>>
Federal revenues:
Total federal revenues................................. 70,519,400
Special revenue funds:
Local cost sharing (schools for blind/deaf)............ 5,151,100
Local school district service fees..................... 292,900
Total local revenues................................... 5,444,000
Gifts, bequests, and donations......................... 504,900
Private foundations.................................... <<1,393,700>>
Total private revenues................................. <<1,898,600>>
Total local and private revenues....................... <<7,342,600>>
Certification fees..................................... 4,314,400
Commodity distribution fees............................ 75,100
Lansing, Michigan school for the blind rent............ 1,811,100
Michigan merit award trust fund........................ 16,359,300
Student insurance revenue.............................. 214,600
Teacher testing fees................................... 313,700
Tenant rent............................................ 150,000
Training and orientation workshop fees................. 100,000
Total other state restricted revenues.................. 23,338,200
Senate Bill No. 269 as amended June 15, 2005
State general fund/general purpose..................... $ <<15,825,740>>
Sec. 102. STATE BOARD OF EDUCATION/ OFFICE OF THE
SUPERINTENDENT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 16.0
State board of education, per diem payments............ $ 24,400
Unclassified positions--6.0 FTE positions.............. 515,600
State board/superintendent operations--16.0 FTE
positions............................................ 2,793,500
GROSS APPROPRIATION.................................... $ 3,333,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 1,816,900
Special revenue funds:
Certification fees..................................... 184,100
Private foundations.................................... 24,500
State general fund/general purpose..................... $ 1,308,000
Sec. 103. CENTRAL SUPPORT
Full-time equated classified positions........... 27.0
Central support--27.0 FTE positions.................... $ 3,499,700
Worker's compensation.................................. 45,000
Building occupancy charges - property management
services............................................. 1,532,400
Human resources optimization user charges.............. 29,500
Training and orientation workshops..................... 100,000
Tenant rent............................................ 150,000
Terminal leave payments................................ 620,400
Senate Bill No. 269 as amended June 15, 2005
GROSS APPROPRIATION.................................... $ 5,977,000
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,639,400
Special revenue funds:
Certification fees..................................... 284,100
Commodity distribution fees............................ 7,000
Local cost sharing (schools for blind/deaf)............ 93,400
Teacher testing fees................................... 14,100
Tenant rent............................................ 150,000
Training and orientation workshop fees................. 100,000
State general fund/general purpose..................... $ 1,689,000
Sec. 104. INFORMATION TECHNOLOGY SERVICES
Information technology operations...................... $ <<2,560,840>>
GROSS APPROPRIATION.................................... $ <<2,560,840>>
Appropriated from:
Federal revenues:
Federal revenues....................................... 1,551,500
Special revenue funds:
Certification fees..................................... 183,400
Local cost sharing (schools for blind/deaf)............ 48,800
State general fund/general purpose..................... $ <<777,140>>
Sec. 105. SPECIAL EDUCATION SERVICES
Full-time equated classified positions........... 52.0
Special education operations--52.0 FTE positions....... $ 11,279,200
GROSS APPROPRIATION.................................... $ 11,279,200
Appropriated from:
Federal revenues:
Federal revenues....................................... 10,923,300
Special revenue funds:
Certification fees..................................... 37,500
Private foundations.................................... 102,300
State general fund/general purpose..................... $ 216,100
Sec. 106. LANSING, MICHIGAN SCHOOL FOR THE BLIND
FORMER SITE
General services....................................... $ 1,821,100
GROSS APPROPRIATION.................................... $ 1,821,100
Appropriated from:
Special revenue funds:
Gifts, bequests, and donations......................... 10,000
Lansing, Michigan school for the blind rent............ 1,811,100
State general fund/general purpose..................... $ 0
Sec. 107. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Full-time equated classified positions........... 88.0
Michigan schools for the deaf and blind
operations--87.0 FTE positions....................... $ 10,641,600
Summer institute....................................... 90,000
Camp Tuhsmeheta--1.0 FTE position...................... 250,100
Private gifts - blind.................................. 90,000
Private gifts - deaf................................... 50,000
GROSS APPROPRIATION.................................... $ 11,121,700
Appropriated from:
Federal revenues:
Federal revenues....................................... 5,120,800
Special revenue funds:
Local cost sharing (schools for blind/deaf)............ 5,008,900
Local school district service fees..................... 282,500
Gifts, bequests, and donations......................... 494,900
Student insurance revenue.............................. 214,600
State general fund/general purpose..................... $ 0
Sec. 108. PROFESSIONAL PREPARATION SERVICES
Full-time equated classified positions........... 31.0
Professional preparation operations--31.0 FTE
positions............................................ $ 5,467,800
Department of attorney general......................... 50,000
GROSS APPROPRIATION.................................... $ 5,517,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 2,658,600
Special revenue funds:
Certification fees..................................... 2,559,600
Teacher testing fees................................... 299,600
State general fund/general purpose..................... $ 0
Sec. 109. EARLY CHILDHOOD EDUCATION AND FAMILY
SERVICES
Full-time equated classified positions........... 23.0
Early childhood education and family services
operations--23.0 FTE positions....................... $ 4,044,100
GROSS APPROPRIATION.................................... $ 4,044,100
Appropriated from:
Federal revenues:
Senate Bill No. 269 as amended June 15, 2005
Federal revenues....................................... 2,863,400
Special revenue funds:
Certification fees..................................... 56,500
Private foundations.................................... 184,800
State general fund/general purpose..................... $ 939,400
Sec. 110. SCHOOL IMPROVEMENT SERVICES
Full-time equated classified positions........... 74.0
School improvement operations--74.0 FTE positions...... $ <<16,011,900>>
GROSS APPROPRIATION.................................... $ <<16,011,900>>
Appropriated from:
Federal revenues:
Federal revenues....................................... 14,335,700
Special revenue funds:
Certification fees..................................... 518,900
Private foundations.................................... <<1,082,100>>
State general fund/general purpose..................... $ 75,200
Sec. 111. SCHOOL FINANCE AND SCHOOL LAW SERVICES
Full-time equated classified positions....... <<20.0>>
School finance and school law operations--<<20.0>> FTE
positions............................................ $ 2,595,400
GROSS APPROPRIATION.................................... $ 2,595,400
Appropriated from:
Federal revenues:
Federal revenues....................................... 1,323,200
Special revenue funds:
Certification fees..................................... 490,300
State general fund/general purpose..................... $ 781,900
Sec. 112. EDUCATIONAL ASSESSMENT AND ACCOUNTABILITY
Full-time equated classified positions........... 27.0
Educational assessment operations--27.0 FTE positions.. $ 35,196,600
GROSS APPROPRIATION.................................... $ 35,196,600
Appropriated from:
Federal revenues:
Federal revenues....................................... 18,837,300
Special revenue funds:
Merit award trust fund................................. 16,359,300
State general fund/general purpose..................... $ 0
Sec. 113. GRANTS ADMINISTRATION AND SCHOOL SUPPORT
SERVICES
Full-time equated classified positions........... 59.5
Grants administration and school support services
operations--59.5 FTE positions....................... $ 7,941,800
GROSS APPROPRIATION.................................... $ 7,941,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 7,449,300
Special revenue funds:
Commodity distribution fees............................ 68,100
Local school district service fees..................... 10,400
State general fund/general purpose..................... $ 414,000
Sec. 114. GRANTS AND DISTRIBUTIONS
STATE PROGRAMS:
School breakfast programs.............................. $ 9,625,000
GROSS APPROPRIATION.................................... $ 9,625,000
Appropriated from:
State general fund/general purpose..................... $ 9,625,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2005-2006 is $39,179,800.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2005-2006 is estimated at $9,625,000.00.
The itemized statement below identifies appropriations from which
spending to units of local government will occur:
GRANTS AND DISTRIBUTIONS
STATE PROGRAMS:
School lunch and breakfast............................ $ 9,625,000
TOTAL................................................. $ 9,625,000
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this act:
(a) "Department" means the Michigan department of education.
(b) "District" means a local school district as defined in
section 6 of the revised school code, 1976 PA 451, MCL 380.6,
or a local act school district or public school academy as defined
in section 5 of the revised school code, 1976 PA 451, MCL 380.5.
(c) "FTE" means full-time equated.
(d) "ISD" means intermediate school district.
Sec. 204. The department of civil service shall bill
departments and agencies at the end of the first fiscal quarter for
the 1% charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
Sec. 205. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this act.
This requirement may include transmission of reports via electronic
mail to the recipients identified for each reporting requirement,
or it may include placement of reports on an Internet or Intranet
site.
Sec. 206. The department shall provide the state budget
director and the senate and house fiscal agencies with copies of
the state board of education agenda and all supporting documents at
the time the agenda and supporting documents are provided to state
board of education members.
Sec. 207. (1) Upon receipt of the federal drug free grant, the
department shall allocate $225,000.00 of the grant to the safe
school program within the department. The safe school program shall
work with local school boards, parents of enrolled students, law
enforcement agencies, community leaders, and the office of drug
control policy for the prevention of school violence. The safe
school program shall develop and implement, and serve as
coordinator of, a statewide clearinghouse for information, program
development, model programs and policies, and technical assistance
on school violence prevention.
(2) To accomplish its functions under this section, the safe
school program shall do all of the following:
(a) Coordinate with the office of drug control policy in the
department of community health to ensure that there is a meaningful
linkage between the efforts under this act to provide safe schools
and the initiatives undertaken through that office, including, but
not limited to, school districts' safe and drug-free school plans,
and to facilitate timely applications for and distribution of
available grant money.
(b) Provide through the Internet the availability to and
information regarding the state model policy on locker searches,
the state model policy on firearm safety and awareness, and any
other state or local safety policies that the office considers
exemplary.
(c) Advance, promote, and encourage the awareness and use of
the state police antiviolence hotline.
Sec. 208. The department shall require all public school
districts to maintain complete records within the personnel file of
a teacher or school employee of any disciplinary actions taken by
the local school board against the teacher or employee for sexual
misconduct. The records shall not be destroyed or removed from the
teacher's or employee's personnel file except as required by a
court order.
Sec. 209. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of information technology for technology-
related services and projects. Such user fees shall be subject to
provisions of an interagency agreement between the departments and
agencies and the department of information technology.
Sec. 210. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of information technology. Funds designated in this
manner are not available for expenditure until approved as work
projects under section 451a of the management and budget act, 1984
PA 431, MCL 18.1451a.
Sec. 211. Before publishing a list of schools or districts
determined to have failed to make adequate yearly progress as
required by the federal no child left behind act of 2001, Public
Law 107-110, 115 Stat. 1425, the department shall allow a school or
district to appeal that determination. The department shall
consider and act upon the appeal within 30 days after it is
submitted and shall not publish the list until after all appeals
have been considered and decided.
Sec. 212. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and comparable quality American goods or
services, or both, are available. Preference should be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality.
Sec. 213. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department.
(2) The state budget director may grant exceptions to this
hiring freeze when the state budget director believes that the
hiring freeze will result in rendering a state department or agency
unable to deliver basic services, cause loss of revenue to the
state, result in the inability of the state to receive federal
funds, or necessitate additional expenditures that exceed any
savings from maintaining a vacancy. The state budget director shall
report quarterly to the chairpersons of the senate and house of
representatives standing committees on appropriations the number of
exceptions to the hiring freeze approved during the previous
quarter and the reasons to justify the exception.
Sec. 214. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2006 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the house and senate appropriations committees.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing 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
submitted to the chairs and members of the house and senate
appropriations committees, the fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The 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.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 215. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 216. The director 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.
Each director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in
depressed and deprived communities for services, supplies, or both.
STATE BOARD/OFFICE OF THE SUPERINTENDENT
Sec. 301. (1) The appropriations in part 1 may be used for per
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.
(3) The administrative secretary of the state board of
education shall report to the public, the senate and house fiscal
agencies, and the state budget director the previous quarter's
expenses by fund source for members of the state board of
education.
Sec. 302. From the amount appropriated in part 1 to the state
board of education, not more than $35,000.00 shall be expended for
in-state travel. No funds from the amount appropriated in part 1
shall be expended for out-of-state travel.
MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Sec. 401. The employees at the Michigan schools for the deaf
and blind who work on a school year basis shall be considered
annual employees for purposes of service credits, retirement, and
insurance benefits.
Sec. 402. For each student enrolled at the Michigan schools
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. 403. (1) The department may assess rent to any state
agency for the use of any facility at the Michigan school for the
blind's former site in Lansing. The rental rates and all leasing
arrangements shall be subject to the approval of the department of
management and budget.
(2) In addition to those funds appropriated in part 1, the
department may receive and expend additional funds from lease
agreements at the Michigan school for the blind's former site in
Lansing that have been negotiated with the approval of the
department of management and budget. These funds are appropriated
to the department for operation, maintenance, and renovation
expenses associated with the leased space designated in the
tenant's lease agreement.
(3) Security guards or other patrols at the Michigan school
for the blind's former site shall not be funded through part 1
funds appropriated for the Michigan schools for the deaf and blind.
(4) If the department leases real property to a person or
organization that is not a department of state government, the
department shall not expend funds in excess of the lease revenue
received to replace, renovate, or repair that real property. This
section shall not apply to emergency repairs or costs associated
with technological renovations.
(5) The department shall not lease real property for less than
fair market value.
(6) From the unexpended balances of appropriations for the
former school for the blind site in Lansing, up to $100,000.00 of
any unexpended and unencumbered funds remaining on September 30,
2006 may be carried forward as a work project and expended for
special maintenance and repairs of facilities at the former
Michigan school for the blind site in Lansing. The work project
shall be performed by state employees or by contract when necessary
at an estimated cost of $100,000.00. The estimated completion date
of the work project is September 30, 2007.
Sec. 404. (1) The department may assess rent or lease excess
property located on the campus of the Michigan schools for the deaf
and blind in Flint to private or publicly funded organizations.
(2) In addition to those funds appropriated in part 1, the
department may receive and expend additional funds from lease
agreements at the Michigan schools for the deaf and blind Flint
campus that have been negotiated with the approval of the
department of management and budget. These funds are appropriated
to the department for the operation, maintenance, and renovation
expenses associated with the leased space.
(3) From the unexpended balances of appropriations for the
schools for the deaf and blind operations, up to $250,000.00 of any
unexpended and unencumbered funds remaining on September 30, 2006
may be carried forward as a work project and expended for special
maintenance and repairs of facilities at the campus of the Michigan
schools for the deaf and blind in Flint. The work shall be carried
out by state employees, or by contract as necessary, at an
estimated cost of $250,000.00. The estimated completion date of the
work is September 30, 2007.
Sec. 407. The department may assist the department of
community health, other departments, 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
department of community health for reimbursement.
Sec. 408. (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 the 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 should continue to have a choice regarding the
educational placement of their deaf or hard of hearing children.
Sec. 409. In addition to those funds appropriated in part 1,
the department may receive and expend funds from the mid-Michigan
leadership academy for capital improvements. The department shall
report to the house and senate fiscal agencies and the state budget
office on an annual basis any expenditures made under this section.
These additional funds are appropriated specifically for capital
improvements authorized by the department of management and budget
and shall be negotiated as part of the lease agreement.
Sec. 410. The department shall report annually to the house
and senate appropriations subcommittees on education detailed
information on the expenditures made from the amount authorized in
part 1 for general services for the Michigan school for the blind's
former site.
Professional preparation services
Sec. 501. From the funds appropriated in part 1 for
professional preparation services, the department shall maintain
the professional personnel register and certificate
revocation/felony conviction files.
Sec. 502. The department shall authorize teacher preparation
institutions to provide an alternative program by which up to 1/2
of the required student internship or student teaching credits may
be earned through substitute teaching. The department shall require
that teacher preparation institutions collaborate with school
districts to ensure that the quality of instruction provided to
student teachers is comparable to that required in a traditional
student teaching program.
OFFICE OF SCHOOL IMPROVEMENT
Sec. 601. From the amount appropriated in part 1 for the
office of school improvement, there is allocated $350,000.00 and
3.5 FTE positions to operate a charter school office to administer
charter school legislation and associated regulations, and to
coordinate the activities of the department relating to charter
schools.
GRANTS AND DISTRIBUTIONS
Sec. 701. The department shall disburse the funds to a general
fund grantee in accordance with the same standards of timing and
amount that apply to disbursements made by the department to a
federal fund grantee. The disbursement shall be restricted to the
minimum amount needed for immediate disbursement by the grantee.
The department may waive this section if extenuating circumstances
warrant and are substantiated in the grantee's application or other
appropriate documentation. A waiver granted pursuant to this
section shall not be effective until 15 days after written notice
of the proposed waiver is given to the state budget director and
the chairpersons of the senate and house appropriations
subcommittees having jurisdiction over the department budget.
Sec. 702. The funds appropriated in part 1 for school
breakfast programs shall be made available to all eligible
applicant public school districts as follows:
(a) The public school district participates in the federal
school breakfast program and meets all standards as prescribed by 7
CFR parts 220 and 245.
(b) Payment is made for each breakfast served meeting
standards prescribed in subdivision (a).
(c) The payment for a public school district is at a per meal
rate equal to the lesser of the district's actual cost, or 100% of
the cost of a breakfast served by an efficiently operated breakfast
program as determined by the department, less federal
reimbursement, participant payments, and other state reimbursement.
Determination of efficient cost by the department shall be
determined by using a statistical sampling of statewide and
regional cost as reported in a manner approved by the department
for the preceding school year.
(d) The payment determined under subdivision (c) is prorated
if the appropriation in part 1 is not sufficient to fund all
payments determined under this section.
INFORMATION TECHNOLOGY
Sec. 801. The department shall work in collaboration with the
center for educational performance and information to support the
comprehensive educational information system and all data
collection efforts of the department.
EDUCATIONAL ASSESSMENT
Sec. 901. (1) From the funds appropriated in part 1 for the
educational assessment operations, the department shall provide
tests to nonpublic schools and home-schooled students upon request.
The department shall notify nonpublic schools that they are
eligible to receive the tests.
(2) The results of each test administered as part of the
Michigan educational assessment program, including tests
administered to high school students, shall include an item
analysis that lists all items that are counted for individual
student scores and the percentage of students choosing each
possible response.