March 22, 2007, Introduced by Reps. Amos, Opsommer, Hopgood, Miller, Meadows, Robert Jones, Griffin, Vagnozzi, Cheeks, Rick Jones, Stahl, David Law, LaJoy, Wenke, Pearce, Pastor, Robertson, Nofs, Gaffney, Hune, Shaffer, Knollenberg, Calley, Agema, Marleau, Palmer, Garfield, Meekhof, Nitz, Espinoza, Gonzales, Meisner, Jackson, Cushingberry, Alma Smith, Spade, Bauer, McDowell, Johnson, Virgil Smith, Farrah, Sheltrown, Meltzer, Byrnes, Casperson, Green, Leland, Condino, Angerer, Huizenga, Mayes, Walker, Sheen, Moolenaar, Acciavatti, Elsenheimer, Ward, Horn, Warren, Bieda, Sak and Hammon and referred to the Committee on Education.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending section 105c (MCL 388.1705c), as amended by 2006 PA
342.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 105c. (1) In order to avoid a penalty under this section,
and in order to count a nonresident pupil residing in a district
located in a contiguous intermediate district in membership without
the approval of the pupil's district of residence, a district shall
comply with this section.
(2) Except as otherwise provided in this section, a district
shall determine whether or not it will accept applications for
enrollment by nonresident applicants residing in a district located
in a contiguous intermediate district for the next school year. If
the district determines to accept applications for enrollment of a
number of nonresidents under this section, beyond those entitled to
preference under this section, the district shall use the following
procedures for accepting applications from and enrolling
nonresidents under this section:
(a) The district shall publish the grades, schools, and
special programs, if any, for which enrollment may be available to,
and for which applications will be accepted from, nonresident
applicants residing in a district located in a contiguous
intermediate district.
(b) If the district has a limited number of positions
available for nonresidents residing in a district located in a
contiguous intermediate district in a grade, school, or program,
all of the following apply to accepting applications for and
enrollment of nonresidents under this section in that grade,
school, or program:
(i) The district shall do all of the following not later than
the second Friday in August:
(A) Provide notice to the general public that applications
will be taken for a 15-day period from nonresidents residing in a
district located in a contiguous intermediate district for
enrollment in that grade, school, or program. The notice shall
identify the 15-day period and the place and manner for submitting
applications.
(B) During the application period under sub-subparagraph (A),
accept applications from nonresidents residing in a district
located in a contiguous intermediate district for enrollment in
that grade, school, or program.
(C) Within 15 days after the end of the application period
under sub-subparagraph (A), using the procedures and preferences
required under this section, determine which nonresident applicants
will be allowed to enroll under this section in that grade, school,
or program, using the random draw system required under subsection
(14) as necessary, and notify the parent or legal guardian of each
nonresident applicant of whether or not the applicant may enroll in
the district. The notification to parents or legal guardians of
nonresident applicants accepted for enrollment under this section
shall contain notification of the date by which the applicant must
enroll in the district and procedures for enrollment.
(ii) Beginning on the third Monday in August and not later than
the end of the first week of school, if any positions become
available in a grade, school, or program due to accepted applicants
failing to enroll or to more positions being added, the district
may enroll nonresident applicants from the waiting list maintained
under subsection (14), offering enrollment in the order that
applicants appear on the waiting list. If there are still positions
available after enrolling all applicants from the waiting list who
desire to enroll, the district may not fill those positions until
the second semester enrollment under subsection (3), as provided
under that subsection, or until the next school year.
(c) For a grade, school, or program that has an unlimited
number of positions available for nonresidents residing in a
district located in a contiguous intermediate district, all of the
following apply to enrollment of nonresidents in that grade,
school, or program under this section:
(i) The district may accept applications for enrollment in that
grade, school, or program, and may enroll nonresidents residing in
a district located in a contiguous intermediate district in that
grade, school, or program, until the end of the first week of
school. The district shall provide notice to the general public of
the place and manner for submitting applications and, if the
district has a limited application period, the notice shall include
the dates of the application period. The application period shall
be at least a 15-day period.
(ii) Not later than the end of the first week of school, the
district shall notify the parent or legal guardian of each
nonresident applicant who is accepted for enrollment under this
section that the applicant has been accepted for enrollment in the
grade, school, or program and of the date by which the applicant
must enroll in the district and the procedures for enrollment.
(3) If a district determines during the first semester of a
school year that it has positions available for enrollment of a
number of nonresidents residing in a district located in a
contiguous intermediate district, beyond those entitled to
preference under this section, for the second semester of the
school year, the district may accept applications from and enroll
nonresidents residing in a district located in a contiguous
intermediate district for the second semester using the following
procedures:
(a) Not later than 2 weeks before the end of the first
semester, the district shall publish the grades, schools, and
special programs, if any, for which enrollment for the second
semester may be available to, and for which applications will be
accepted from, nonresident applicants residing in a district
located in a contiguous intermediate district.
(b) During the last 2 weeks of the first semester, the
district shall accept applications from nonresidents residing in a
district located in a contiguous intermediate district for
enrollment for the second semester in the available grades,
schools, and programs.
(c) By the beginning of the second semester, using the
procedures and preferences required under this section, the
district shall determine which nonresident applicants will be
allowed to enroll under this section in the district for the second
semester and notify the parent or legal guardian of each
nonresident applicant residing in a district located in a
contiguous intermediate district of whether or not the applicant
may enroll in the district. The notification to parents or legal
guardians of nonresident applicants accepted for enrollment shall
contain notification of the date by which the applicant must enroll
in the district and procedures for enrollment.
(4) If deadlines similar to those described in subsection (2)
or (3) have been established in an intermediate district, and if
those deadlines are not later than the deadlines under subsection
(2) or (3), the districts within the intermediate district may use
those deadlines.
(5) A district offering to enroll nonresident applicants
residing in a district located in a contiguous intermediate
district may limit the number of those nonresident pupils it
accepts in a grade, school, or program, at its discretion, and may
use that limit as the reason for refusal to enroll an applicant
under this section.
(6) A nonresident applicant residing in a district located in
a contiguous intermediate district shall not be granted or refused
enrollment based on intellectual, academic, artistic, or other
ability, talent, or accomplishment, or lack thereof, or based on a
mental or physical disability, except that a district may refuse to
admit a nonresident applicant under this section if the applicant
does not meet the same criteria, other than residence, that an
applicant who is a resident of the district must meet to be
accepted for enrollment in a grade or a specialized, magnet, or
intra-district choice school or program to which the applicant
applies.
(7) A nonresident applicant residing in a district located in
a contiguous intermediate district shall not be granted or refused
enrollment under this section based on age, except that a district
may refuse to admit a nonresident applicant applying for a program
that is not appropriate for the age of the applicant.
(8) A nonresident applicant residing in a district located in
a contiguous intermediate district shall not be granted or refused
enrollment under this section based upon religion, race, color,
national origin, sex, height, weight, marital status, or athletic
ability, or, generally, in violation of any state or federal law
prohibiting discrimination.
(9) Subject to subsection (10), a district may refuse to
enroll a nonresident applicant under this section if any of the
following are met:
(a) The applicant is, or has been within the preceding 2
years, suspended from another school.
(b) The applicant, at any time before enrolling under this
section, has been expelled from another school.
(c) The applicant, at any time before enrolling under this
section, has been convicted of a felony.
(10) If a district has counted a pupil in membership on either
the pupil membership count day or the supplemental count day, the
district shall not refuse to enroll or refuse to continue to enroll
that pupil for a reason specified in subsection (9). This
subsection does not prohibit a district from expelling a pupil
described in this subsection for disciplinary reasons.
(11) A district shall continue to allow a pupil who was
enrolled in and attended the district under this section in the
school year or semester immediately preceding the school year or
semester in question to enroll in the district until the pupil
graduates from high school. This subsection does not prohibit a
district from expelling a pupil described in this subsection for
disciplinary reasons.
(12) A district shall give preference for enrollment under
this section over all other nonresident applicants residing in a
district located in a contiguous intermediate district to other
school-age children who reside in the same household as a pupil
described in subsection (11).
(13) If a nonresident pupil was enrolled in and attending
school in a district as a nonresident pupil in the 1995-96 school
year and continues to be enrolled continuously each school year in
that district, the district shall allow that nonresident pupil to
continue to enroll in and attend school in the district until high
school graduation, without requiring the nonresident pupil to apply
for enrollment under this section. This subsection does not
prohibit a district from expelling a pupil described in this
subsection for disciplinary reasons.
(14) If the number of qualified nonresident applicants
eligible for acceptance under this section in a school, grade, or
program does not exceed the positions available for nonresident
pupils under this section in the school, grade, or program, the
school district shall accept for enrollment all of the qualified
nonresident applicants eligible for acceptance. If the number of
qualified nonresident applicants residing in a district located in
a contiguous intermediate district eligible for acceptance under
this section exceeds the positions available in a grade, school, or
program in a district for nonresident pupils, the district shall
use a random draw system, subject to the need to abide by state and
federal antidiscrimination laws and court orders and subject to
preferences allowed by this section. The district shall develop and
maintain a waiting list based on the order in which nonresident
applicants were drawn under this random draw system.
(15) If a district, or the nonresident applicant, requests the
district in which a nonresident applicant resides to supply
information needed by the district for evaluating the applicant's
application for enrollment or for enrolling the applicant under
this section, the district of residence shall provide that
information on a timely basis.
(16) If a district is subject to a court-ordered desegregation
plan, and if the court issues an order prohibiting pupils residing
in that district from enrolling in another district or prohibiting
pupils residing in another district from enrolling in that
district, this section is subject to the court order.
(17) This section does not require a district to provide
transportation for a nonresident pupil enrolled in the district
under this section or for a resident pupil enrolled in another
district under this section. However, at the time a nonresident
pupil enrolls in the district, a district shall provide to the
pupil's parent or legal guardian information on available
transportation to and from the school in which the pupil enrolls.
(18) A district may participate in a cooperative education
program with 1 or more other districts or intermediate districts
whether or not the district enrolls any nonresidents pursuant to
this section.
(19)
In order for a district or intermediate district to
enroll
pursuant to this section a nonresident pupil who resides in
a
district located in a contiguous intermediate district and who is
eligible
for special education programs and services according to
statute
or rule, or who is a child with disabilities, as defined
under
the individuals with disabilities education act, Public Law
108-446,
the enrolling district shall have a written agreement with
the
resident district of the pupil for the purpose of providing the
pupil
with a free appropriate public education. The written
agreement
shall include, but is not limited to, an agreement on the
responsibility
for the payment of the added costs of special
education
programs and services for the pupil.
(19) (20)
If a district does not comply with
this section, the
district forfeits 5% of the total state school aid allocation to
the district under this act.
(20) (21)
Upon application by a district, the
superintendent
may grant a waiver for the district from a specific requirement
under this section for not more than 1 year.
(21) (22)
This section is repealed if the
final decision of a
court of competent jurisdiction holds that any portion of this
section is unconstitutional, ineffective, invalid, or in violation
of federal law.
(22) (23)
As used in this section,
"district located in a
contiguous intermediate district" means a district located in an
intermediate district that is contiguous to the intermediate
district in which a pupil's district of residence is located.