SB-0765, As Passed Senate, May 8, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 765

 

 

 

 

 

 

 

 

 

 

 

     A bill to make appropriations for the department of education

 

for the fiscal year ending September 30, 2015; and to provide for

 

the expenditure of the appropriations.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. There is appropriated for the department of

 

education for the fiscal year ending September 30, 2015, from the

 

following funds:

 

DEPARTMENT OF EDUCATION

 

APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 600.5


 

GROSS APPROPRIATION.................................... $    326,662,100

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

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

 

ADJUSTED GROSS APPROPRIATION........................... $    326,662,100

 

   Federal revenues:

 

Total federal revenues.................................       226,097,500

 

   Special revenue funds:

 

Total local revenues...................................         5,633,700

 

Total private revenues.................................         1,933,300

 

Total other state restricted revenues..................         7,972,600

 

State general fund/general purpose..................... $     85,025,000

 

   Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE

 

SUPERINTENDENT

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........... 11.0

 

State board of education, per diem payments............ $         24,400

 

Unclassified positions--6.0 FTE positions..............           795,100

 

State board/superintendent operations--11.0 FTE

 

   positions............................................         2,110,000

 

GROSS APPROPRIATION.................................... $      2,929,500

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................           222,400

 

   Special revenue funds:

 

Private foundations....................................            28,100

 

Certification fees.....................................           861,100


 

State general fund/general purpose..................... $      1,817,900

 

   Sec. 103. CENTRAL SUPPORT

 

   Full-time equated classified positions........... 23.6

 

Central support--23.6 FTE positions.................... $      3,623,400

 

Worker's compensation..................................            30,800

 

Building occupancy charges - property management

 

   services.............................................         3,053,700

 

Training and orientation workshops.....................           150,000

 

Terminal leave payments................................           554,700

 

GROSS APPROPRIATION.................................... $      7,412,600

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         1,641,400

 

Federal indirect funds.................................         2,550,400

 

   Special revenue funds:

 

Certification fees.....................................           403,200

 

Teacher testing fees...................................             3,800

 

Training and orientation workshop fees.................           150,000

 

State general fund/general purpose..................... $      2,663,800

 

   Sec. 104. INFORMATION TECHNOLOGY SERVICES

 

Information technology operations...................... $       4,192,200

 

GROSS APPROPRIATION.................................... $      4,192,200

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................           605,800

 

Federal indirect funds.................................         1,789,800

 

   Special revenue funds:


 

Local cost sharing (schools for deaf/blind)............            76,500

 

Certification fees.....................................           390,400

 

State general fund/general purpose..................... $      1,329,700

 

   Sec. 105. SPECIAL EDUCATION SERVICES

 

   Full-time equated classified positions........... 47.0

 

Special education operations--47.0 FTE positions....... $       8,937,300

 

GROSS APPROPRIATION.................................... $      8,937,300

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         8,457,300

 

   Special revenue funds:

 

Private foundations....................................           110,100

 

Certification fees.....................................            44,100

 

State general fund/general purpose..................... $        325,800

 

   Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

 

   Full-time equated classified positions........... 77.0

 

Michigan schools for the deaf and blind

 

   operations--76.0 FTE positions....................... $     12,664,500

 

Camp Tuhsmeheta--1.0 FTE position......................           295,100

 

Private gifts - blind..................................           200,000

 

Private gifts - deaf...................................            50,000

 

GROSS APPROPRIATION.................................... $     13,209,600

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         6,900,400

 

   Special revenue funds:

 

Local cost sharing (schools for deaf/blind)............         5,233,000


 

Local school district service fees.....................           312,500

 

Gifts, bequests, and donations.........................           545,100

 

Student insurance revenue..............................           218,600

 

State general fund/general purpose..................... $              0

 

   Sec. 107. PROFESSIONAL PREPARATION SERVICES

 

   Full-time equated classified positions........... 34.0

 

Professional preparation operations--34.0 FTE

 

   positions............................................ $      5,896,800

 

Department of attorney general.........................            66,000

 

GROSS APPROPRIATION.................................... $       5,962,800

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         1,444,800

 

   Special revenue funds:

 

Certification fees.....................................         3,882,700

 

Teacher testing fees...................................           359,300

 

Teacher college review fees............................            55,300

 

State general fund/general purpose..................... $        220,700

 

   Sec. 108. MICHIGAN OFFICE OF GREAT START

 

   Full-time equated classified positions........... 65.0

 

Michigan office of great start operations--64.0 FTE

 

   positions............................................ $     22,830,300

 

Child development and care external support............        17,766,500

 

Head start collaboration office--1.0 FTE positions.....           307,700

 

Child development and care public assistance...........       146,916,000

 

GROSS APPROPRIATION.................................... $    187,820,500

 

    Appropriated from:


 

   Federal revenues:

 

Federal revenues.......................................       146,888,600

 

   Special revenue funds:

 

Private foundations....................................           250,000

 

Certification fees.....................................            64,200

 

State general fund/general purpose..................... $     40,617,700

 

   Sec. 109. STATE AID AND SCHOOL FINANCE SERVICES

 

   Full-time equated classified positions........... 11.5

 

State aid and school finance operations--11.5 FTE

 

   positions............................................ $       1,861,500

 

GROSS APPROPRIATION.................................... $      1,861,500

 

    Appropriated from:

 

State general fund/general purpose..................... $      1,861,500

 

   Sec. 110. AUDIT SERVICES

 

   Full-time equated classified positions............ 4.5

 

Audit operations--4.5 FTE positions.................... $         602,200

 

GROSS APPROPRIATION.................................... $        602,200

 

    Appropriated from:

 

   Federal revenues:

 

Federal indirect funds.................................           478,700

 

   Special revenue funds:

 

Certification fees.....................................            61,200

 

State general fund/general purpose..................... $         62,300

 

   Sec. 111. ADMINISTRATIVE LAW SERVICES

 

   Full-time equated classified positions............ 2.0

 

Administrative law operations--2.0 FTE positions....... $       1,310,700

 

GROSS APPROPRIATION.................................... $      1,310,700


 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................           551,600

 

   Special revenue funds:

 

Certification fees.....................................           686,000

 

State general fund/general purpose..................... $         73,100

 

   Sec. 112. ACCOUNTABILITY SERVICES

 

   Full-time equated classified positions........... 65.6

 

Accountability services

 

   operations--65.6 FTE positions....................... $      14,637,700

 

GROSS APPROPRIATION.................................... $     14,637,700

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................        13,460,700

 

State general fund/general purpose..................... $      1,177,000

 

   Sec. 113. SCHOOL SUPPORT SERVICES

 

   Full-time equated classified positions........... 82.6

 

School support services operations--82.6 FTE positions. $     15,111,700

 

Federal and private grants.............................         3,000,000

 

GROSS APPROPRIATION.................................... $     18,111,700

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................        16,263,600

 

   Special revenue funds:

 

Local school district service fees.....................            11,700

 

Private foundations....................................         1,000,000

 

Commodity distribution fees............................            71,700


 

Certification fees.....................................            85,700

 

State general fund/general purpose..................... $        679,000

 

   Sec. 114. FIELD SERVICES

 

   Full-time equated classified positions........... 45.0

 

Field services operations--45.0 FTE positions.......... $       9,194,500

 

GROSS APPROPRIATION.................................... $      9,194,500

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         8,894,300

 

   Special revenue funds:

 

Certification fees.....................................            77,200

 

State general fund/general purpose..................... $        223,000

 

   Sec. 115. EDUCATIONAL IMPROVEMENT AND INNOVATION

 

SERVICES

 

   Full-time equated classified positions........... 63.7

 

Educational improvement and innovation

 

   operations--63.7 FTE positions....................... $      9,382,500

 

Virtual learning.......................................         6,000,000

 

GROSS APPROPRIATION.................................... $     15,382,500

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         6,514,500

 

   Special revenue funds:

 

Certification fees.....................................           558,100

 

State general fund/general purpose..................... $      8,309,900

 

   Sec. 116. CAREER AND TECHNICAL EDUCATION

 

   Full-time equated classified positions........... 27.0


 

Career and technical education operations--27.0 FTE

 

   positions............................................ $       4,758,300

 

GROSS APPROPRIATION.................................... $      4,758,300

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         3,826,200

 

State general fund/general purpose..................... $        932,100

 

   Sec. 117. LIBRARY OF MICHIGAN

 

   Full-time equated classified positions........... 33.0

 

Library of Michigan operations--32.0 FTE positions..... $      4,419,700

 

Library services and technology program--1.0 FTE

 

   positions............................................         5,607,000

 

State aid to libraries.................................         9,232,000

 

Michigan eLibrary......................................         1,750,000

 

Renaissance zone reimbursements........................         4,700,000

 

MPSERS payments to libraries...........................         2,200,000

 

GROSS APPROPRIATION.................................... $     27,908,700

 

    Appropriated from:

 

   Federal revenues:

 

IMLS, library services and technology act..............         5,607,000

 

State general fund/general purpose..................... $     22,301,700

 

   Sec. 118. SCHOOL REFORM OFFICE

 

   Full-time equated classified positions............ 8.0

 

School reform office operations--8.0 FTE positions..... $       2,429,800

 

GROSS APPROPRIATION.................................... $      2,429,800

 

    Appropriated from:

 

State general fund/general purpose..................... $      2,429,800


 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2014-2015

 

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 the fiscal year ending September 30, 2015 is

 

$92,997,600.00 and state spending from state resources to be paid

 

to local units of government for the fiscal year ending September

 

30, 2015 is $16,132,000.00. The itemized statement below identifies

 

appropriations from which spending to local units of government

 

will occur:

 

DEPARTMENT OF EDUCATION

 

State aid to libraries................................. $      9,232,000

 

Renaissance zone reimbursements........................         4,700,000

 

MPSERS payment to libraries............................ $       2,200,000

 

Total department of education.......................... $     16,132,000

 

     Sec. 202. The appropriations authorized under this part are

 

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

 

to 18.1594.

 

     Sec. 203. As used in this part:

 

     (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

 

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) "IMLS" means institute of museum and library services.

 

     (e) "Participating entity" means a district library that is a

 

reporting unit of the Michigan public school employees' retirement

 

system under the public school employees retirement act of 1979,

 

1980 PA 300, MCL 38.1301 to 38.1437, and that reports employees to

 

the Michigan public school employees' retirement system for the

 

applicable fiscal year.

 

     (f) "Retirement board" means the board that administers the

 

retirement system under the public school employees retirement act

 

of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.

 

     (g) As used in this part and part 1, "retirement system" and

 

"MPSERS" mean the Michigan public school employees' retirement

 

system under the public school employees retirement act of 1979,

 

1980 PA 300, MCL 38.1301 to 38.1437.

 

     Sec. 204. The state superintendent of public instruction 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 state superintendent of public

 

instruction shall strongly encourage firms with which the

 

department contracts to subcontract with certified businesses in

 

depressed and deprived communities for services, supplies, or both.

 

     Sec. 205. The departments and agencies shall use the Internet

 

to fulfill the reporting requirements of this part. 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 through the Internet

 

the state board of education agenda and all supporting documents,

 

and shall notify the state budget director and the senate and house

 

fiscal agencies that the agenda and supporting documents are

 

available on the Internet, at the time the agenda and supporting

 

documents are provided to state board of education members.

 

     Sec. 207. The department shall cooperate with the department

 

of technology, management, and budget to maintain a searchable

 

website accessible by the public at no cost that includes, but is

 

not limited to, all of the following for each department or agency:

 

     (a) Fiscal year-to-date expenditures by category.

 

     (b) Fiscal year-to-date expenditures by appropriation unit.

 

     (c) Fiscal year-to-date payments to a selected vendor,

 

including the vendor name, payment date, payment amount, and

 

payment description.

 

     (d) The number of active department employees by job

 

classification.

 

     (e) Job specifications and wage rates.

 

     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. 211. To the extent this state continues to identify


 

schools as meeting proficiency targets, before publishing a list of

 

schools or districts determined to have failed to make adequate

 

yearly progress as required by the no child left behind act of

 

2001, Public Law 107-110, 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 shall be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses if they are competitively priced and of comparable

 

quality. In addition, preference should be given to goods or

 

services, or both, manufactured or provided by Michigan businesses

 

owned and operated by veterans if they are competitively priced and

 

of comparable quality.

 

     Sec. 214. The department and agencies receiving appropriations

 

in part 1 shall prepare a report on out-of-state travel expenses

 

not later than January 1 of each year. The travel report shall be a

 

listing of 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 senate

 

and house appropriations committees, the house and senate fiscal

 

agencies, and the state budget director. The report shall include


 

the following information:

 

     (a) The dates of each travel occurrence.

 

     (b) 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.

 

     Sec. 216. The department shall not take disciplinary action

 

against an employee who communicates truthfully and factually with

 

a member of the legislature or his or her staff.

 

     Sec. 218. The department and agencies receiving appropriations

 

in part 1 shall receive and retain copies of all reports funded

 

from appropriations in part 1. Federal and state guidelines for

 

short-term and long-term retention of records shall be followed.

 

The department may electronically retain copies of reports unless

 

otherwise required by federal and state guidelines.

 

     Sec. 219. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $5,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this part under section 393(2) of the 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 part under section 393(2) of the 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 $250,000.00 for local

 

contingency funds. These funds are not available for expenditure

 

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

 

under section 393(2) of the 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 $3,000,000.00 for private

 

contingency funds. These funds are not available for expenditure

 

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

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     Sec. 220. (1) The department shall provide data requested by a

 

member of the legislature, his or her staff, or the house and

 

senate fiscal agencies in a timely manner. If the department fails

 

to provide reasonably requested data within 30 days after the

 

request, the state money appropriated in part 1 for state

 

board/superintendent operations shall be reduced by 1%.

 

     (2) If the department fails to provide to the legislature

 

reports and other data required by boilerplate or statute within 30

 

days after the date the information is due, the state money

 

appropriated in part 1 for state board/superintendent operations

 

shall be reduced by 1%.

 

     Sec. 221. Funds appropriated in part 1 shall not be used by a

 

principal executive department, state agency, or authority to hire

 

a person to provide legal services that are the responsibility of


 

the attorney general. This prohibition does not apply to legal

 

services for bonding activities and for those activities that the

 

attorney general authorizes.

 

     Sec. 222. The department shall maintain, on a publicly

 

accessible website, a department scorecard that identifies, tracks,

 

and regularly updates key metrics that are used to monitor and

 

improve the agency's performance.

 

     Sec. 226. Not later than November 30, the state budget office

 

shall prepare and transmit a report that provides for estimates of

 

the total general fund/general purpose appropriation lapses at the

 

close of the fiscal year. This report shall summarize the projected

 

year-end general fund/general purpose appropriation lapses by major

 

departmental program or program areas. The report shall be

 

transmitted to the office of the state budget, the chairpersons of

 

the senate and house appropriations committees, and the senate and

 

house fiscal agencies.

 

     Sec. 227. Within 14 days after the release of the executive

 

budget recommendation, the department shall cooperate with the

 

state budget office to provide the senate and house appropriations

 

chairs, the senate and house appropriations subcommittees

 

responsible for the department budget, respectively, and the senate

 

and house fiscal agencies with an annual report on estimated state

 

restricted fund balances, state restricted fund projected revenues,

 

and state restricted fund expenditures for the fiscal years ending

 

September 30, 2014 and September 30, 2015.

 

     Sec. 230. 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. 231. Total authorized appropriations from all sources

 

under part 1 for legacy costs for the fiscal year ending September

 

30, 2015 is $15,637,500.00. From this amount, total agency

 

appropriations for pension-related legacy costs are estimated at

 

$8,739,900.00. Total agency appropriations for retiree health care

 

legacy costs are estimated at $6,897,600.00.

 

     Sec. 233. No state department or agency shall issue a request

 

for proposal (RFP) for a contract in excess of $5,000,000.00,

 

unless the department or agency has first considered issuing a

 

request for information (RFI) or a request for qualification (RFQ)

 

relative to that contract to better enable the department or agency

 

to learn more about the market for the products or services that

 

are the subject of the future RFP. The department or agency shall

 

notify the department of technology, management, and budget of the

 

evaluation process used to determine if an RFI or RFQ was not

 

necessary prior to issuing the RFP.

 

     Sec. 234. From the funds appropriated in part 1, the

 

department shall compile a report that identifies the mandates

 

required of public and nonpublic schools. In compiling the report,

 

the department may consult with relevant statewide education

 

associations in Michigan. The report compiled by the department

 

shall indicate the type of mandate, including, but not limited to,

 

student health, student or building safety, accountability, and


 

educational requirements, and shall indicate whether a school has

 

to report on the specified mandates and whether the requirement is

 

for public schools, nonpublic schools, or both. The report required

 

under this section shall be completed by April 1, 2015 and

 

transmitted to the state budget director, the house and senate

 

appropriations subcommittees responsible for the department of

 

education, and the senate and house fiscal agencies not later than

 

April 15, 2015.

 

 

 

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.

 

     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 and out-of-state travel directly related to the

 

duties of the state board of education.

 

 

 

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. 406. (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 will continue to have a choice regarding the

 

educational placement of their deaf or hard-of-hearing children.

 

     Sec. 407. Revenue received by the Michigan schools for the

 

deaf and blind from gifts, bequests, donations, and local district

 

service fees that is unexpended at the end of the state fiscal year

 

may be carried over to the succeeding fiscal year and shall not

 

revert to the general fund.


Senate Bill NO. 765 as amended May 8, 2014

 

 

PROFESSIONAL PREPARATION SERVICES

 

     Sec. 501. From the funds appropriated in part 1 for

 

professional preparation services, the department shall maintain

 

the registry of educational personnel 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.

 

     Sec. 506. Revenue received from teacher testing fees that is

 

unexpended at the end of the state fiscal year may be carried over

 

to the succeeding fiscal year and shall not revert to the general

 

fund.

 

 

 

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Senate Bill NO. 765 as amended May 8, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Senate Bill NO. 765 as amended May 8, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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EDUCATIONAL IMPROVEMENT AND INNOVATION SERVICES

 

     Sec. 701. (1) From the money appropriated in part 1 for

 

virtual learning, there is allocated an amount not to exceed

 

$6,000,000.00 for the fiscal year beginning October 1, 2014 for the

 

purposes identified in subsections (2) and (3).

 

     (2) The department shall do all of the following:

 

     (a) Research, design, and recommend competency-based online

 

assessments.

 

     (b) Before August 31, 2015, provide an extensive professional

 

development program to at least 500 educational personnel,

 

including teachers, school administrators, and school board

 

members, that focuses on the effective integration of digital

 

learning into curricula and instruction. Not later than December 1,

 

2015, the department shall submit a report to the house and senate

 

appropriations subcommittees on state school aid, the state budget

 

director, and the house and senate fiscal agencies on the number

 

and percentage of teachers, school administrators, and school board

 

members who have received professional development services from


 

the department. The report shall also identify barriers and other

 

opportunities to encourage the adoption of digital learning in the

 

public education system.

 

     (c) Identify and share best practices for planning,

 

implementing, and evaluating digital and blended learning delivery

 

models with intermediate districts, districts, and public school

 

academies to accelerate the adoption of innovative education

 

delivery models statewide.

 

     (d) Develop and report policy recommendations to the governor

 

and the legislature that accelerate the expansion of effective

 

online learning in this state's schools.

 

     (e) Promote and distribute the most current instructional

 

design standards and guidelines for online teaching.

 

     (f) In collaboration with interested colleges and universities

 

in this state, recommend to the superintendent guidelines and

 

standards for a new teacher endorsement credential related to

 

effective digital learning instruction.

 

     (g) Convene focus groups and conduct annual surveys of

 

teachers, administrators, pupils, parents, and others to identify

 

barriers and opportunities related to online learning.

 

     (h) Produce an annual consumer awareness report for schools

 

and parents about effective online education providers and

 

education delivery models, performance data, cost structures, and

 

research trends.

 

     (i) Research and establish an Internet-based platform that

 

educators can use to create student-centric learning tools and

 

resources and facilitate a user network that assists educators in


 

using the platform. As part of this initiative, the department

 

shall work collaboratively with districts and intermediate

 

districts to establish a plan to make available online resources

 

that align to Michigan's K-12 curriculum standards for use by

 

students, educators, and parents.

 

     (j) Create and maintain a public statewide catalog of online

 

learning courses being offered by all public schools in this state.

 

The department shall identify and develop a list of nationally

 

recognized best practices for online learning and use this list to

 

support reviews of online course vendors, courses, and

 

instructional practices. The department shall also provide a

 

mechanism for intermediate districts to use the identified best

 

practices to review content offered by constituent districts. The

 

department shall ensure that the statewide catalog is made

 

available to the public on the department's website and allow the

 

ability to link it to each district's website as provided for in

 

section 21f of the state school aid act of 1979, 1979 PA 94, MCL

 

388.1621f. Beginning in 2014-2015, the statewide catalog shall also

 

contain all of the following:

 

     (i) The number of enrollments in each online course in the

 

prior school year.

 

     (ii) The number of enrollments that earned 60% or more of the

 

total course points for each online course in the prior school

 

year.

 

     (iii) The completion rate for each online course.

 

     (3) Not later than December 1 of each fiscal year, the

 

department shall provide a report to the house and senate


 

appropriations subcommittees on state school aid and the department

 

of education, the state budget director, and the house and senate

 

fiscal agencies that includes at least all of the following

 

information related to virtual learning for the preceding state

 

fiscal year:

 

     (a) A list of online course titles available to districts.

 

     (b) The total number of online course enrollments and

 

information on registrations and completions by course.

 

     (c) The overall course completion rate percentage.

 

     (4) As used in this section:

 

     (a) "Blended learning" means a hybrid instructional delivery

 

model where pupils are provided content, instruction, and

 

assessment, in part, at a supervised educational facility away from

 

home where the pupil and a teacher with a valid Michigan teaching

 

certificate are in the same physical location and, in part, through

 

Internet-connected learning environments with some degree of pupil

 

control over time, location, and pace of instruction.

 

     (b) "Digital learning" means instruction delivered via a web-

 

based educational delivery system that uses various information

 

technologies to provide a structured learning environment,

 

including online and blended learning instructional methods.

 

     (c) "Online course" means a course of study that is capable of

 

generating a credit or a grade, that is provided in an interactive

 

Internet-connected learning environment, in which pupils are

 

separated from their teachers by time or location, or both, and in

 

which a teacher who holds a valid Michigan teaching certificate is

 

responsible for determining appropriate instructional methods for


 

each pupil, diagnosing learning needs, assessing pupil learning,

 

prescribing intervention strategies, reporting outcomes, and

 

evaluating the effects of instruction and support strategies.

 

 

 

LIBRARY OF MICHIGAN

 

     Sec. 801. In addition to the funds appropriated in part 1, the

 

funds collected by the department for document reproduction and

 

services; conferences, workshops, and training classes; and the use

 

of specialized equipment, facilities, and software are appropriated

 

for all expenses necessary to provide the required services. These

 

funds are available for expenditure when they are received and may

 

be carried forward into the next succeeding fiscal year.

 

     Sec. 803. It is the intent of the legislature that the library

 

of Michigan and the component programs currently within the library

 

of Michigan with the exception of the genealogical collections

 

shall be kept together in a state department.

 

     Sec. 804. (1) The funds appropriated in part 1 for renaissance

 

zone reimbursements shall be used to reimburse public libraries

 

under section 12 of the Michigan renaissance zone act, 1996 PA 376,

 

MCL 125.2692, for taxes levied in 2014. The allocations shall be

 

made not later than 60 days after the department of treasury

 

certifies to the department and to the state budget director that

 

the department of treasury has received all necessary information

 

to properly determine the amounts due to each eligible recipient.

 

     (2) If the amount appropriated under this section is not

 

sufficient to fully pay obligations under this section, payments

 

shall be prorated on an equal basis among all eligible public


 

libraries.

 

     Sec. 805. (1) The funds appropriated in part 1 for Michigan

 

public school employees' retirement system reform costs shall be

 

used for payments to district libraries that are participating

 

entities of the Michigan public school employees' retirement

 

system.

 

     (2) Payments made under this section shall be equal to the

 

difference between the unfunded actuarial accrued liability

 

contribution rate as calculated under section 41 of the public

 

school employees retirement act of 1979, 1980 PA 300, MCL 38.1341,

 

as calculated without taking into account the maximum employer rate

 

of 20.96% included in section 41 of the public school employees

 

retirement act of 1979, 1980 PA 300, MCL 38.1341, and the maximum

 

employer rate of 20.96% included in section 41 of the public school

 

employees retirement act of 1979, 1980 PA 300, MCL 38.1341.

 

     (3) The amount allocated to each district library under this

 

section shall be based on each district library's proportion of the

 

total covered payroll for the immediately preceding fiscal year for

 

all district libraries that are participating entities. District

 

libraries that receive funds under this section shall use the funds

 

solely for the purpose of retirement contributions as specified in

 

subsection (4).

 

     (4) Each participating entity receiving funds under this

 

section shall forward an amount equal to the amount allocated under

 

subsection (3) to the retirement system in a form, manner, and time

 

frame determined by the retirement system.

 

 


 

SCHOOL SUPPORT SERVICES

 

     Sec. 901. Within 10 days of the receipt of a grant

 

appropriated in the federal and private grants line item in part 1,

 

the department shall notify the house and senate chairpersons of

 

the appropriations subcommittees responsible for the department

 

budget, the house and senate fiscal agencies, and the state budget

 

director of the receipt of the grant, including the funding source,

 

purpose, and amount of the grant.

 

 

 

MICHIGAN OFFICE OF GREAT START

 

     Sec. 1001. By November 1, 2014, the department shall submit a

 

report to the house and senate appropriations subcommittees on the

 

department of education budget and the house and senate fiscal

 

agencies on the number of eligible child care providers by type

 

receiving payment for child care services from the department on

 

October 1, 2014.

 

     Sec. 1003. (1) The department shall provide the house and

 

senate appropriations subcommittees on the department budget with

 

an annual report on all funding appropriated to the early childhood

 

investment corporation (ECIC) by the state for fiscal year 2013-

 

2014. The report is due by February 15 and shall contain at least

 

the following information:

 

     (a) Total funding appropriated to the early childhood

 

investment corporation by the state for fiscal year 2013-2014.

 

     (b) The amount of funding for each grant awarded.

 

     (c) The grant recipients.

 

     (d) The activities funded by each grant.


 

     (e) An analysis of each grant recipient's success in

 

addressing the development of a comprehensive system of early

 

childhood services and supports.

 

     (2) All department contracts for early childhood comprehensive

 

systems planning shall be bid out through a statewide request-for-

 

proposal process.

 

     Sec. 1004. (1) Not later than the 2014-2015 fiscal year, all

 

head start center-based program providers shall ensure that where

 

there is a great start readiness program requirement, policy, or

 

regulation that is more rigorous than the corresponding head start

 

requirement, policy, or regulation, all head start center-based

 

programs will meet the more rigorous great start readiness program

 

requirement, policy, or regulation, in addition to any federal

 

requirements with which head start center-based programs must

 

comply. This shall include, but is not limited to, meeting the

 

current great start readiness program classroom staff

 

qualifications whereby the lead teacher must have a Michigan

 

teaching certificate with an early childhood specialist endorsement

 

or, if subcontracted, the lead teacher must have a valid Michigan

 

teaching certificate with a childhood specialist endorsement; or a

 

valid Michigan teaching certificate with a child development

 

associate credential; or a bachelor's degree in child development

 

with a focus on teaching preschool.

 

     (2) A head start center-based program may continue to employ

 

as a lead teacher an individual who does not meet the requirements

 

in subsection (1) if the individual meets both of the following

 

requirements:


 

     (a) The lead teacher is annually and continually enrolled and

 

completing credit in an approved teacher preparation program

 

leading to a provisional teaching certificate as described in

 

subsection (1) or enrolled in a program leading to a bachelor's

 

degree in child development with a focus on teaching preschool.

 

     (b) The lead teacher has on file with the employing entity,

 

his or her teacher preparation institution, and the department of

 

education a planned program leading to teacher certification or a

 

bachelor's degree in child development with a focus on teaching

 

preschool.

 

 

 

SCHOOL REFORM OFFICE

 

     Sec. 1101. From the funds appropriated in part 1, the school

 

reform office shall assure that a student who was previously

 

enrolled in a priority school and had an individualized education

 

program will continue to have that plan and receive those services

 

if the building in which he or she is enrolled is removed from the

 

control of the resident district by action of the state school

 

reform/redesign officer, the superintendent of public instruction,

 

or any other entity. The school reform office shall assure that

 

students are being afforded special education services in

 

accordance with the individuals with disabilities education act

 

(IDEA) and shall report to the legislature on the number of

 

students who had an individualized education program and who are

 

meeting the goals of that IEP after the change in governance.

 

 

 

 


 

                               PART 2A

 

          PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

                      FOR FISCAL YEAR 2015-2016

 

GENERAL SECTIONS

 

     Sec. 1201. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2016 for

 

the line items listed in part 1. The fiscal year 2015-2016

 

appropriations are anticipated to be the same as those for fiscal

 

year 2014-2015, except that the line items will be adjusted for

 

changes in caseload and related costs, federal fund match rates,

 

economic factors, and available revenue. These adjustments will be

 

determined after the January 2015 consensus revenue estimating

 

conference.

 

     Sec. 1202. It is the intent of the legislature that the

 

department identify the amounts for normal retirement costs and

 

legacy retirement costs for the fiscal year ending on September 30,

 

2016 for the line items listed in part 1.