HOUSE BILL No. 4381

 

 

                                                     Executive Budget Bill

 

 

 

 

February 23, 2005, Introduced by Rep. Whitmer and referred to the Committee on Appropriations.

 

   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 bill, the

 


amounts listed in this part are appropriated for the department of

 

education for the fiscal year ending September 30, 2006, from the

 

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.......... 419.0

 

GROSS APPROPRIATION.................................... $    125,141,800

 

Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $    125,141,800

 

   Federal revenues:

 

Total federal revenues.................................        67,519,400

 

   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....................................           393,700

 

Total private revenues.................................           898,600

 

Total local and private revenues.......................         6,342,600

 

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

 

Training and orientation workshop fees.................           100,000

 

Total other state restricted revenues..................        23,188,200

 

State general fund/general purpose..................... $     28,091,600

 

    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

 

Terminal leave payments................................          620,400

 

GROSS APPROPRIATION.................................... $      5,827,000

 

    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

 

Training and orientation workshop fees.................           100,000

 

State general fund/general purpose..................... $      1,689,000

 

    Sec. 104.  INFORMATION TECHNOLOGY SERVICES

 

Information technology operations...................... $      2,576,700

 

GROSS APPROPRIATION.................................... $      2,576,700

 

    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..................... $        793,000

 

    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:

 

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...... $     15,011,900

 

GROSS APPROPRIATION.................................... $     15,011,900

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................        14,335,700

 

   Special revenue funds:

 

Certification fees.....................................           518,900

 

Private foundations....................................            82,100

 

State general fund/general purpose..................... $         75,200

 

    Sec. 111.  SCHOOL FINANCE AND SCHOOL LAW SERVICES

 

   Full-time equated classified positions........... 23.0

 

School finance and school law operations--23.0 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.. $     32,196,600

 

GROSS APPROPRIATION.................................... $     32,196,600

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................        15,837,300

 

   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............. 58.0

 

Grants administration and school support services

 

   operations--58.0 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

 

School breakfast programs.............................. $      9,625,000

 

School readiness grants................................       12,250,000

 

GROSS APPROPRIATION.................................... $     21,875,000

 

    Appropriated from:

 

State general fund/general purpose..................... $     21,875,000

 


 

 

 

 

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 $51,279,800.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2005-2006 is estimated at

 

$11,242,000.00.  The itemized statement below identifies

 

appropriations from which spending to units of local government

 

will occur:

 

GRANTS AND DISTRIBUTIONS

 

STATE PROGRAMS:

 

School readiness grants................................ $      1,617,000

 

School breakfast.......................................        9,625,000

 

TOTAL.................................................. $     11,242,000

 

   Sec. 202.  The appropriations authorized under this bill are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

   Sec. 203.  As used in this bill:

 

   (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 bill. 

 

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.  (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $20,000,000.00 for

 

federal contingency funds.  These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this bill under section 393(2) of the department of management

 

and budget act, 1984 PA 431, MCL 18.1393.

 

    (2) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $700,000.00 for state

 

restricted contingency funds.  These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this bill under section 393(2) of the department of management

 

and budget act, 1984 PA 431, MCL 18.1393.

 

   (3) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $3,000,000.00 for local

 


contingency funds.  These funds are not available for expenditure

 

until they have been transferred to another line item in this bill

 

under section 393(2) of the department of management and budget

 

act, 1984 PA 431, MCL 18.1393.

 

   (4) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $250,000.00 for private

 

contingency funds.  These funds are not available for expenditure

 

until they have been transferred to another line item in this bill

 

under section 393(2) of the department of management and budget

 

act, 1984 PA 431, MCL 18.1393.

 

   Sec. 207.  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. 208.  (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 bill 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. 209.  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. 210.  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. 211.  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. 212.  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. 213.  Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available.  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. 214.  (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. 215.  (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 senate and house of representatives standing committees on

 

appropriations.

 

   (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 senate and house of

 

representatives standing committees on appropriations, 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. 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. 

 

The 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

 

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.

 

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.

 

   Sec. 703.  (1) The funds appropriated in part 1 for school

 

readiness programs shall be made available through a competitive

 

application process as follows:

 

   (a)  An applicant may be any public or private nonprofit legal

 

entity or agency other than a local or intermediate school district

 

except a local or intermediate school district acting as a fiscal

 

agent for a child caring organization regulated under 1973 PA 116,

 

MCL 722.111 to 722.128.

 

   (b)  Applications shall be submitted in a form and manner as

 

required by the department.

 

   (c)  Applications shall be reviewed by a diverse interagency

 

committee composed of representatives of the department,

 

appropriate community, volunteer, and social service agencies and

 

organizations, and parents.

 

   (d)  Priority in the recommendation for awarding of grants by

 

the superintendent of public instruction to applicants shall be

 

based upon the following criteria:

 

   (i)  Compliance with standards for early childhood development

 

consistent with programs for 4-year-olds, as approved by the state

 


board of education.

 

   (ii)  Active and continuous involvement of the parents or

 

guardians of the children participating in the program.

 

   (iii)  Employment of teachers possessing proper training in early

 

childhood development, including an early childhood (ZA)

 

endorsement or child development associate, and trained support

 

staff.

 

   (iv)  Evidence of collaboration with the community of providers

 

in early childhood development programs including documentation of

 

the total number of children in the community who would meet the

 

criteria established in subparagraph (vi), and who are being served

 

by other providers, and the number of children who will remain

 

unserved by other community early childhood programs if this

 

program is funded.

 

   (v)  The extent to which these funds will supplement other

 

federal, state, local, or private funds.

 

   (vi)  The extent to which these funds will be targeted to

 

children who will be at least 4, but less than 5, years of age as

 

of December 1 of the year in which the programs are offered and who

 

show evidence of 2 or more "at-risk" factors as defined in the

 

state board of education report entitled, "children at risk" that

 

was adopted by the state board on April 5, 1988.

 

   (e)  Whether the application contains a comprehensive evaluation

 

plan that includes implementation of all program components

 

required and an assessment of the gains of children participating

 

in an early childhood development program.

 

   (f)  Applications shall provide for the establishment of a

 


school readiness advisory committee that shall be involved in the

 

planning and evaluation of the program and provides for the

 

involvement of parents and appropriate community, volunteer, and

 

social service agencies and organizations.  There shall be on the

 

committee at least 1 parent or guardian of a program participant

 

for every 18 children enrolled in the program, with a minimum of 2

 

parent or guardian representatives.  The committee shall do all of

 

the following:

 

   (i)  Review the mechanisms and criteria used to determine

 

referrals for participation in the school readiness program.

 

   (ii)  Review the health screening program for all participants.

 

   (iii)  Review the nutritional services provided to all

 

participants.

 

   (iv) Review the mechanisms in place for the referral of families

 

to community social service agencies, as appropriate.

 

   (v)  Review the collaboration with and the involvement of

 

appropriate community, volunteer, and social service agencies and

 

organizations in addressing all aspects of education disadvantage.

 

   (vi)  Review, evaluate, and make recommendations for changes in

 

the school readiness program.

 

   (g)  More than 50% of the children participating in the program

 

shall meet the income eligibility criteria for free or reduced

 

price lunch, as determined under the national school lunch act,

 

chapter 281, 60 Stat. 230, 42 USC 1751 to 1753, 1755 to 1761,

 

1762a, 1765 to 1766b, and 1769 to 1769h, or meet income and all

 

other eligibility criteria for participation in the Michigan family

 

independence agency unified child day care program.

 


   (2) Grant awards by the superintendent of public instruction may

 

be at whatever level the superintendent determines appropriate.  A

 

grant, when combined with other sources of state revenue for this

 

program, shall not exceed $3,300.00 per child or the cost of the

 

program, whichever is less.

 

   (3) Except as otherwise provided, an applicant that received a

 

grant under this section in the prior fiscal year, shall also

 

receive priority for funding in the next two fiscal years. 

 

However, after 3 fiscal years of continuous funding, an applicant

 

will be required to compete openly with new programs and other

 

programs completing their third year.  All grant awards are

 

contingent on the availability of funds and documented evidence of

 

grantee compliance with standards for early childhood development

 

consistent with programs for 4-year-olds, as approved by the state

 

board of education, and with all operational, fiscal,

 

administrative, and other program requirements.  A program which

 

offers supplementary day care and thereby offers full-day programs

 

as part of its early childhood development program shall receive

 

priority in the allocation of competitive funds.

 

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.