December 17, 2009, Introduced by Rep. Sheltrown and referred to the Committee on Education.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 31a and 104 (MCL 388.1631a and 388.1704), as
amended by 2009 PA 121.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 31a. (1) From the state school aid fund money
appropriated in section 11, there is allocated for 2009-2010 an
amount not to exceed $317,695,500.00 for payments to eligible
districts and eligible public school academies under this section.
Subject to subsection (14), the amount of the additional allowance
under this section, other than funding under subsection (6) or (7),
shall be based on the number of actual pupils in membership in the
district or public school academy who met the income eligibility
criteria for free breakfast, lunch, or milk in the immediately
preceding state fiscal year, as determined under the Richard B.
Russell national school lunch act, 42 USC 1751 to 1769i, and
reported to the department by October 31 of the immediately
preceding fiscal year and adjusted not later than December 31 of
the immediately preceding fiscal year. However, for a public school
academy that began operations as a public school academy after the
pupil membership count day of the immediately preceding school
year, the basis for the additional allowance under this section
shall be the number of actual pupils in membership in the public
school academy who met the income eligibility criteria for free
breakfast, lunch, or milk in the current state fiscal year, as
determined under the Richard B. Russell national school lunch act.
(2) To be eligible to receive funding under this section,
other than funding under subsection (6) or (7), a district or
public school academy that has not been previously determined to be
eligible shall apply to the department, in a form and manner
prescribed by the department, and a district or public school
academy must meet all of the following:
(a) The sum of the district's or public school academy's
combined state and local revenue per membership pupil in the
current state fiscal year, as calculated under section 20, plus the
amount of the district's per pupil allocation under section 20j(2),
is less than or equal to the basic foundation allowance under
section 20 for the current state fiscal year.
(b) The district or public school academy agrees to use the
funding only for purposes allowed under this section and to comply
with the program and accountability requirements under this
section.
(3) Except as otherwise provided in this subsection, an
eligible district or eligible public school academy shall receive
under this section for each membership pupil in the district or
public school academy who met the income eligibility criteria for
free breakfast, lunch, or milk, as determined under the Richard B.
Russell national school lunch act and as reported to the department
by October 31 of the immediately preceding fiscal year and adjusted
not later than December 31 of the immediately preceding fiscal
year, an amount per pupil equal to 11.5% of the sum of the
district's foundation allowance or public school academy's per
pupil amount calculated under section 20, plus the amount of the
district's per pupil allocation under section 20j(2), not to exceed
the basic foundation allowance under section 20 for the current
state fiscal year, or of the public school academy's per membership
pupil amount calculated under section 20 for the current state
fiscal year. A public school academy that began operations as a
public school academy after the pupil membership count day of the
immediately preceding school year shall receive under this section
for each membership pupil in the public school academy who met the
income eligibility criteria for free breakfast, lunch, or milk, as
determined under the Richard B. Russell national school lunch act
and as reported to the department by October 31 of the current
fiscal year and adjusted not later than December 31 of the current
fiscal year, an amount per pupil equal to 11.5% of the public
school academy's per membership pupil amount calculated under
section 20 for the current state fiscal year.
(4) Except as otherwise provided in this section, a district
or public school academy receiving funding under this section shall
use that money only to provide instructional programs and direct
noninstructional services, including, but not limited to, medical
or counseling services, for at-risk pupils; for school health
clinics; and for the purposes of subsection (5), (6), or (7). In
addition, a district that is a school district of the first class
or a district or public school academy in which at least 50% of the
pupils in membership met the income eligibility criteria for free
breakfast, lunch, or milk in the immediately preceding state fiscal
year, as determined and reported as described in subsection (1),
may use not more than 20% of the funds it receives under this
section for school security. A district or public school academy
shall not use any of that money for administrative costs or to
supplant another program or other funds, except for funds allocated
to the district or public school academy under this section in the
immediately preceding year and already being used by the district
or public school academy for at-risk pupils. The instruction or
direct noninstructional services provided under this section may be
conducted before or after regular school hours or by adding extra
school days to the school year and may include, but are not limited
to, tutorial services, early childhood programs to serve children
age 0 to 5, and reading programs as described in former section 32f
as in effect for 2001-2002. A tutorial method may be conducted with
paraprofessionals working under the supervision of a certificated
teacher. The ratio of pupils to paraprofessionals shall be between
10:1 and 15:1. Only 1 certificated teacher is required to supervise
instruction using a tutorial method. As used in this subsection,
"to supplant another program" means to take the place of a
previously existing instructional program or direct
noninstructional services funded from a funding source other than
funding under this section.
(5) Except as otherwise provided in subsection (12), a
district or public school academy that receives funds under this
section and that operates a school breakfast program under section
1272a of the revised school code, MCL 380.1272a, shall use from the
funds received under this section an amount, not to exceed $10.00
per pupil for whom the district or public school academy receives
funds under this section, necessary to pay for costs associated
with the operation of the school breakfast program.
(6) From the funds allocated under subsection (1), there is
allocated for 2009-2010 an amount not to exceed $3,557,300.00 to
support child and adolescent health centers. These grants shall be
awarded for 5 consecutive years beginning with 2003-2004 in a form
and manner approved jointly by the department and the department of
community health. Each grant recipient shall remain in compliance
with the terms of the grant award or shall forfeit the grant award
for the duration of the 5-year period after the noncompliance. To
continue to receive funding for a child and adolescent health
center under this section a grant recipient shall ensure that the
child and adolescent health center has an advisory committee and
that at least one-third of the members of the advisory committee
are parents or legal guardians of school-aged children. A child and
adolescent health center program shall recognize the role of a
child's parents or legal guardian in the physical and emotional
well-being of the child. Funding under this subsection shall be
used to support child and adolescent health center services
provided to children up to age 21. If any funds allocated under
this subsection are not used for the purposes of this subsection
for the fiscal year in which they are allocated, those unused funds
shall be used that fiscal year to avoid or minimize any proration
that would otherwise be required under subsection (14) for that
fiscal year.
(7) From the funds allocated under subsection (1), there is
allocated for 2009-2010 an amount not to exceed $5,150,000.00 for
the state portion of the hearing and vision screenings as described
in section 9301 of the public health code, 1978 PA 368, MCL
333.9301. A local public health department shall pay at least 50%
of the total cost of the screenings. The frequency of the
screenings shall be as required under R 325.13091 to R 325.13096
and R 325.3271 to R 325.3276 of the Michigan administrative code.
Funds shall be awarded in a form and manner approved jointly by the
department and the department of community health. Notwithstanding
section 17b, payments to eligible entities under this subsection
shall be paid on a schedule determined by the department.
(8) Each district or public school academy receiving funds
under this section shall submit to the department by July 15 of
each fiscal year a report, not to exceed 10 pages, on the usage by
the district or public school academy of funds under this section,
which report shall include at least a brief description of each
program conducted by the district or public school academy using
funds under this section, the amount of funds under this section
allocated to each of those programs, the number of at-risk pupils
eligible for free or reduced price school lunch who were served by
each of those programs, and the total number of at-risk pupils
served by each of those programs. If a district or public school
academy does not comply with this subsection, the department shall
withhold an amount equal to the August payment due under this
section until the district or public school academy complies with
this subsection. If the district or public school academy does not
comply with this subsection by the end of the state fiscal year,
the withheld funds shall be forfeited to the school aid fund.
(9) In order to receive funds under this section, a district
or public school academy shall allow access for the department or
the department's designee to audit all records related to the
program for which it receives those funds. The district or public
school academy shall reimburse the state for all disallowances
found in the audit.
(10) Subject to subsections (5), (6), (7), (12), and (13), any
district may use up to 100% of the funds it receives under this
section to reduce the ratio of pupils to teachers in grades K-6, or
any combination of those grades, in school buildings in which the
percentage of pupils described in subsection (1) exceeds the
district's aggregate percentage of those pupils. Subject to
subsections (5), (6), (7), (12), and (13), if a district obtains a
waiver from the department, the district may use up to 100% of the
funds it receives under this section to reduce the ratio of pupils
to teachers in grades K-6, or any combination of those grades, in
school buildings in which the percentage of pupils described in
subsection (1) is at least 60% of the district's aggregate
percentage of those pupils and at least 30% of the total number of
pupils enrolled in the school building. To obtain a waiver, a
district must apply to the department and demonstrate to the
satisfaction of the department that the class size reductions would
be in the best interests of the district's at-risk pupils.
(11) A district or public school academy may use funds
received under this section for adult high school completion,
general educational development (G.E.D.) test preparation, adult
English as a second language, or adult basic education programs
described in section 107.
(12) For an individual school or schools operated by a
district or public school academy receiving funds under this
section that have been determined by the department to meet the
adequate yearly progress standards of the no child left behind act
of 2001, Public Law 107-110, in both mathematics and English
language arts at all applicable grade levels for all applicable
subgroups, the district or public school academy may submit to the
department an application for flexibility in using the funds
received under this section that are attributable to the pupils in
the school or schools. The application shall identify the affected
school or schools and the affected funds and shall contain a plan
for using the funds for specific purposes identified by the
district that are designed to benefit at-risk pupils in the school,
but that may be different from the purposes otherwise allowable
under this section. The department shall approve the application if
the department determines that the purposes identified in the plan
are reasonably designed to benefit at-risk pupils in the school. If
the department does not act to approve or disapprove an application
within 30 days after it is submitted to the department, the
application is considered to be approved. If an application for
flexibility in using the funds is approved, the district may use
the funds identified in the application for any purpose identified
in the plan.
(13) A district or public school academy that receives funds
under this section may use funds it receives under this section to
implement and operate an early intervening program for pupils in
grades K to 3 that meets either or both of the following:
(a) Monitors individual pupil learning and provides specific
support or learning strategies to pupils as early as possible in
order to reduce the need for special education placement. The
program shall include literacy and numeracy supports, sensory motor
skill development, behavior supports, instructional consultation
for teachers, and the development of a parent/school learning plan.
Specific support or learning strategies may include support in or
out of the general classroom in areas including reading, writing,
math, visual memory, motor skill development, behavior, or language
development. These would be provided based on an understanding of
the individual child's learning needs.
(b) Provides early intervening strategies using school-wide
systems of academic and behavioral supports and is scientifically
research-based. The strategies to be provided shall include at
least pupil performance indicators based upon response to
intervention, instructional consultation for teachers, and ongoing
progress monitoring. A school-wide system of academic and
behavioral support should be based on a support team available to
the classroom teachers. The members of this team could include the
principal, special education staff, reading teachers, and other
appropriate personnel who would be available to systematically
study the needs of the individual child and work with the teacher
to match instruction to the needs of the individual child.
(14) If necessary, and before any proration required under
section 11, the department shall prorate payments under this
section by reducing the amount of the per pupil payment under this
section by a dollar amount calculated by determining the amount by
which the amount necessary to fully fund the requirements of this
section exceeds the maximum amount allocated under this section and
then dividing that amount by the total statewide number of pupils
who met the income eligibility criteria for free breakfast, lunch,
or milk in the immediately preceding fiscal year, as described in
subsection (1).
(15) If a district is formed by consolidation after June 1,
1995, and if 1 or more of the original districts was not eligible
before the consolidation for an additional allowance under this
section, the amount of the additional allowance under this section
for the consolidated district shall be based on the number of
pupils described in subsection (1) enrolled in the consolidated
district who reside in the territory of an original district that
was eligible before the consolidation for an additional allowance
under this section.
(16) A district or public school academy that does not meet
the eligibility requirement under subsection (2)(a) is eligible for
funding under this section if at least 1/4 of the pupils in
membership in the district or public school academy met the income
eligibility criteria for free breakfast, lunch, or milk in the
immediately preceding state fiscal year, as determined and reported
as described in subsection (1), and at least 4,500 of the pupils in
membership in the district or public school academy met the income
eligibility criteria for free breakfast, lunch, or milk in the
immediately preceding state fiscal year, as determined and reported
as described in subsection (1). A district or public school academy
that is eligible for funding under this section because the
district meets the requirements of this subsection shall receive
under this section for each membership pupil in the district or
public school academy who met the income eligibility criteria for
free breakfast, lunch, or milk in the immediately preceding fiscal
year, as determined and reported as described in subsection (1), an
amount per pupil equal to 8.63% of the sum of the district's
foundation allowance or public school academy's per pupil
allocation under section 20, plus the amount of the district's per
pupil allocation under section 20j(2), not to exceed the basic
foundation allowance under section 20 for the current state fiscal
year.
(17) A district that does not meet the eligibility requirement
under subsection (2)(a) is eligible for funding under this section
if at least 75% of the pupils in membership in the district met the
income eligibility criteria for free breakfast, lunch, or milk in
the immediately preceding state fiscal year, as determined and
reported as described in subsection (1), the district receives an
adjustment under section 20(19), and the district does not receive
any state portion of its foundation allowance as calculated under
section 20. A district that is eligible for funding under this
section because the district meets the requirements of this
subsection shall receive under this section for each membership
pupil in the district who met the income eligibility criteria for
free breakfast, lunch, or milk in the immediately preceding fiscal
year, as determined and reported as described in subsection (1), an
amount per pupil equal to 11.5% of the sum of the district's
foundation allowance under section 20, not to exceed the basic
foundation allowance under section 20 for the current state fiscal
year.
(18) As used in this section, "at-risk pupil" means a pupil
for whom the district has documentation that the pupil meets at
least 2 of the following criteria: is a victim of child abuse or
neglect; is below grade level in English language and communication
skills or mathematics; is a pregnant teenager or teenage parent; is
eligible for a federal free or reduced-price lunch subsidy; has
atypical behavior or attendance patterns; or has a family history
of school failure, incarceration, or substance abuse. For pupils
for
whom the results of at least the applicable Michigan education
assessment
program (MEAP) test assessment
used under section 2 of
1970 PA 38, MCL 388.1082, have been received, at-risk pupil also
includes a pupil who does not meet the other criteria under this
subsection but who did not achieve at least a score of level 2 on
the
most recent MEAP English language arts, mathematics, or science
test
assessment used under section
2 of 1970 PA 38, MCL 388.1082,
for which results for the pupil have been received. For pupils for
whom the results of the Michigan merit examination have been
received, at-risk pupil also includes a pupil who does not meet the
other criteria under this subsection but who did not achieve
proficiency on the reading component of the most recent Michigan
merit examination for which results for the pupil have been
received, did not achieve proficiency on the mathematics component
of the most recent Michigan merit examination for which results for
the pupil have been received, or did not achieve basic competency
on the science component of the most recent Michigan merit
examination for which results for the pupil have been received. For
pupils in grades K-3, at-risk pupil also includes a pupil who is at
risk of not meeting the district's core academic curricular
objectives in English language arts or mathematics.
Sec. 104. (1) In order to receive state aid under this act, a
district shall comply with sections 1278a, 1278b, 1279, 1279g, and
1280b of the revised school code, MCL 380.1278a, 380.1278b,
380.1279, 380.1279g, and 380.1280b, and 1970 PA 38, MCL 388.1081 to
388.1086. From the state school aid fund money appropriated in
section 11, there is allocated for 2009-2010 an amount not to
exceed $26,630,700.00 for payments on behalf of districts for costs
associated with complying with those provisions of law. In
addition, from the federal funds appropriated in section 11, there
is allocated for 2009-2010 an amount estimated at $8,313,700.00,
funded from DED-OESE, title VI, state assessments funds and DED-
OSERS, section 504 of part B of the individuals with disabilities
education act, Public Law 94-142, plus any carryover federal funds
from previous year appropriations, for the purposes of complying
with
the federal no child left behind act of 2001, Public Law 107-
110.
(2)
The department shall determine whether the "Explore" test
is
at least as robust as the Michigan educational assessment
program
social studies test. If the department determines that the
"Explore"
test is at least as robust as the Michigan educational
assessment
program social studies test, it is the intent of the
legislature
that the department shall replace the Michigan
educational
assessment program social studies test with the
"Explore"
test. If this replacement of tests requires a waiver
under
federal law in order to comply with federal law, then the
department
shall apply for that waiver to allow for this
replacement.
(2) (3)
The results of each test assessment administered as
part
of the Michigan educational assessment program under
section 2
of
1970 PA 38, MCL 388.1082, including tests
assessments
administered to high school students, shall include an item
analysis that lists all items that are counted for individual pupil
scores and the percentage of pupils choosing each possible
response.
(3) (4)
All federal funds allocated under
this section shall
be distributed in accordance with federal law and with flexibility
provisions outlined in Public Law 107-116, and in the education
flexibility partnership act of 1999, Public Law 106-25.
(4) (5)
Notwithstanding section 17b,
payments on behalf of
districts, intermediate districts, and other eligible entities
under this section shall be paid on a schedule determined by the
department.
(6)
The department shall meet with the United
States
department
of education and shall request a waiver to replace the
current
Michigan educational assessment program tests used for
grades
3 to 8 with a standardized catalog version norm-referenced
test.
Before sending the waiver request to the United States
department
of education, the department shall seek input on the
waiver
request from the subcommittees of the senate and house of
representatives
appropriations committees that have jurisdiction
over
this act. The department shall submit the waiver request to
the
subcommittees for input not later than January 15, 2010 and
shall
submit the waiver request to the United
States department of
education
not later than February 15, 2010. If the waiver is
granted
by the United States department of education, then the
department
shall immediately notify the subcommittees of the senate
and
house of representatives appropriations committees that have
jurisdiction
over this act of the approval.
(5) (7)
As used in this section:
(a) "DED" means the United States department of education.
(b) "DED-OESE" means the DED office of elementary and
secondary education.
(c) "DED-OSERS" means the DED office of special education and
rehabilitative services.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5710(request no.
05076'09) of the 95th Legislature is enacted into law.